Stalking is generally a course conduct directed toward a specific person (or the person’s family, friends, or work associates) that would cause a reasonable person to be in fear of their safety, health, or well-being. Stalking includes (1) spying on a person; (2) waiting at a location to make unwanted contact with the victim, or to monitor the victim; (3) leaving unwanted items and gifts for the victim; and (4) posting or disseminating information or rumors about the victim on the internet, in a public place, or by word of mouth.

Stalkers may also use technology to harass their victim. Common forms of cyberstalking include:

• e-mail spoofing—sending e-mails pretending to be the victim • text messaging and sexting (sending sexually explicit text messages or photos)

• social media (Facebook, Twitter, Instagram, etc.)—creating social media accounts and posting statements to harass, threaten, or denigrate the victim, or to impersonate the victim on social media

• online impersonation of the victim through a false identity or account to place online sex ads or solicit sex

• use of GPS to track the victim, including placing a GPS device on the victim’s car.

Stalking is a crime under federal law (18 U.S.C. §2261A) and in each of the 50 states, the District of Columbia, the U.S. Territories, and many Indian Tribes. In addition to stalking laws, every state has laws addressing electronic harassment, and federal law also criminalizes the use of technology to stalk (18 U.S.C. §2261A(2)).

Legal definitions for stalking and harassment vary from state to state and in the federal system—especially regarding the stalker’s intent and the nature of the victim’s fear or emotional distress caused by the stalking.

In Illinois, stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person or suffer emotional distress. Illinois law recognizes stalking as a serious crime and includes various behaviors such as following someone, watching or surveilling them, and unwanted communication or contact, which can be in person or through electronic means. Cyberstalking, which involves the use of electronic communication to harass or intimidate, is also explicitly addressed in Illinois statutes. Stalking can be charged as a Class 4 felony for a first offense and can escalate to a Class 3 felony for subsequent offenses or when aggravating factors are present. Additionally, Illinois law allows victims to seek orders of protection against stalkers. The federal law also criminalizes stalking, including cyberstalking, under 18 U.S.C. §2261A, providing additional avenues for prosecution and protection. It's important for individuals in Illinois to understand that both state and federal laws offer mechanisms to address and penalize stalking behaviors, and victims have the right to seek legal recourse.