100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4948

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.3  from Ch. 38, par. 12-7.3
720 ILCS 5/12-7.4  from Ch. 38, par. 12-7.4
720 ILCS 5/12-7.5

    Amends the Criminal Code of 2012. Increases the penalties for stalking, aggravated stalking, and cyberstalking by one class if the victim of the offense is under 18 years of age at the time of the offense.


LRB100 17831 RLC 33011 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4948LRB100 17831 RLC 33011 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 12-7.3, 12-7.4, and 12-7.5 as follows:
 
6    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
7    Sec. 12-7.3. Stalking.
8    (a) A person commits stalking when he or she knowingly
9engages in a course of conduct directed at a specific person,
10and he or she knows or should know that this course of conduct
11would cause a reasonable person to:
12        (1) fear for his or her safety or the safety of a third
13    person; or
14        (2) suffer other emotional distress.
15    (a-3) A person commits stalking when he or she, knowingly
16and without lawful justification, on at least 2 separate
17occasions follows another person or places the person under
18surveillance or any combination thereof and:
19        (1) at any time transmits a threat of immediate or
20    future bodily harm, sexual assault, confinement or
21    restraint and the threat is directed towards that person or
22    a family member of that person; or
23        (2) places that person in reasonable apprehension of

 

 

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1    immediate or future bodily harm, sexual assault,
2    confinement or restraint to or of that person or a family
3    member of that person.
4    (a-5) A person commits stalking when he or she has
5previously been convicted of stalking another person and
6knowingly and without lawful justification on one occasion:
7        (1) follows that same person or places that same person
8    under surveillance; and
9        (2) transmits a threat of immediate or future bodily
10    harm, sexual assault, confinement or restraint to that
11    person or a family member of that person.
12    (b) Sentence.
13        (1) Except as otherwise provided in paragraphs (2) and
14    (3) of this subsection (b), stalking Stalking is a Class 4
15    felony. ; a
16        (2) Except as otherwise provided in paragraph (3) of
17    this subsection (b), a second or subsequent conviction for
18    stalking is a Class 3 felony.
19        (3) If the victim of stalking is under 18 years of age
20    at the time of the offense, stalking is a Class 3 felony
21    for a first conviction and a Class 2 felony for a second or
22    subsequent conviction.
23    (c) Definitions. For purposes of this Section:
24        (1) "Course of conduct" means 2 or more acts, including
25    but not limited to acts in which a defendant directly,
26    indirectly, or through third parties, by any action,

 

 

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1    method, device, or means follows, monitors, observes,
2    surveils, threatens, or communicates to or about, a person,
3    engages in other non-consensual contact, or interferes
4    with or damages a person's property or pet. A course of
5    conduct may include contact via electronic communications.
6        (2) "Electronic communication" means any transfer of
7    signs, signals, writings, sounds, data, or intelligence of
8    any nature transmitted in whole or in part by a wire,
9    radio, electromagnetic, photoelectric, or photo-optical
10    system. "Electronic communication" includes transmissions
11    by a computer through the Internet to another computer.
12        (3) "Emotional distress" means significant mental
13    suffering, anxiety or alarm.
14        (4) "Family member" means a parent, grandparent,
15    brother, sister, or child, whether by whole blood,
16    half-blood, or adoption and includes a step-grandparent,
17    step-parent, step-brother, step-sister or step-child.
18    "Family member" also means any other person who regularly
19    resides in the household, or who, within the prior 6
20    months, regularly resided in the household.
21        (5) "Follows another person" means (i) to move in
22    relative proximity to a person as that person moves from
23    place to place or (ii) to remain in relative proximity to a
24    person who is stationary or whose movements are confined to
25    a small area. "Follows another person" does not include a
26    following within the residence of the defendant.

 

 

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1        (6) "Non-consensual contact" means any contact with
2    the victim that is initiated or continued without the
3    victim's consent, including but not limited to being in the
4    physical presence of the victim; appearing within the sight
5    of the victim; approaching or confronting the victim in a
6    public place or on private property; appearing at the
7    workplace or residence of the victim; entering onto or
8    remaining on property owned, leased, or occupied by the
9    victim; or placing an object on, or delivering an object
10    to, property owned, leased, or occupied by the victim.
11        (7) "Places a person under surveillance" means: (1)
12    remaining present outside the person's school, place of
13    employment, vehicle, other place occupied by the person, or
14    residence other than the residence of the defendant; or (2)
15    placing an electronic tracking device on the person or the
16    person's property.
17        (8) "Reasonable person" means a person in the victim's
18    situation.
19        (9) "Transmits a threat" means a verbal or written
20    threat or a threat implied by a pattern of conduct or a
21    combination of verbal or written statements or conduct.
22    (d) Exemptions.
23        (1) This Section does not apply to any individual or
24    organization (i) monitoring or attentive to compliance
25    with public or worker safety laws, wage and hour
26    requirements, or other statutory requirements, or (ii)

 

 

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1    picketing occurring at the workplace that is otherwise
2    lawful and arises out of a bona fide labor dispute,
3    including any controversy concerning wages, salaries,
4    hours, working conditions or benefits, including health
5    and welfare, sick leave, insurance, and pension or
6    retirement provisions, the making or maintaining of
7    collective bargaining agreements, and the terms to be
8    included in those agreements.
9        (2) This Section does not apply to an exercise of the
10    right to free speech or assembly that is otherwise lawful.
11        (3) Telecommunications carriers, commercial mobile
12    service providers, and providers of information services,
13    including, but not limited to, Internet service providers
14    and hosting service providers, are not liable under this
15    Section, except for willful and wanton misconduct, by
16    virtue of the transmission, storage, or caching of
17    electronic communications or messages of others or by
18    virtue of the provision of other related
19    telecommunications, commercial mobile services, or
20    information services used by others in violation of this
21    Section.
22    (d-5) The incarceration of a person in a penal institution
23who commits the course of conduct or transmits a threat is not
24a bar to prosecution under this Section.
25    (d-10) A defendant who directed the actions of a third
26party to violate this Section, under the principles of

 

 

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1accountability set forth in Article 5 of this Code, is guilty
2of violating this Section as if the same had been personally
3done by the defendant, without regard to the mental state of
4the third party acting at the direction of the defendant.
5(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
697-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
 
7    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
8    Sec. 12-7.4. Aggravated stalking.
9    (a) A person commits aggravated stalking when he or she
10commits stalking and:
11        (1) causes bodily harm to the victim;
12        (2) confines or restrains the victim; or
13        (3) violates a temporary restraining order, an order of
14    protection, a stalking no contact order, a civil no contact
15    order, or an injunction prohibiting the behavior described
16    in subsection (b)(1) of Section 214 of the Illinois
17    Domestic Violence Act of 1986.
18    (a-1) A person commits aggravated stalking when he or she
19is required to register under the Sex Offender Registration Act
20or has been previously required to register under that Act and
21commits the offense of stalking when the victim of the stalking
22is also the victim of the offense for which the sex offender is
23required to register under the Sex Offender Registration Act or
24a family member of the victim.
25    (b) Sentence.

 

 

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1        (1) Except as otherwise provided in paragraphs (2) and
2    (3) of this subsection (b), aggravated Aggravated stalking
3    is a Class 3 felony. ;
4        (2) Except as otherwise provided in paragraph (3) of
5    this subsection (b), a second or subsequent conviction for
6    aggravated stalking is a Class 2 felony.
7        (3) If the victim of aggravated stalking is under 18
8    years of age at the time of the offense, aggravated
9    stalking is a Class 2 felony for a first conviction and a
10    Class 1 felony for a second or subsequent conviction.
11    (c) Exemptions.
12        (1) This Section does not apply to any individual or
13    organization (i) monitoring or attentive to compliance
14    with public or worker safety laws, wage and hour
15    requirements, or other statutory requirements, or (ii)
16    picketing occurring at the workplace that is otherwise
17    lawful and arises out of a bona fide labor dispute
18    including any controversy concerning wages, salaries,
19    hours, working conditions or benefits, including health
20    and welfare, sick leave, insurance, and pension or
21    retirement provisions, the managing or maintenance of
22    collective bargaining agreements, and the terms to be
23    included in those agreements.
24        (2) This Section does not apply to an exercise of the
25    right of free speech or assembly that is otherwise lawful.
26        (3) Telecommunications carriers, commercial mobile

 

 

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1    service providers, and providers of information services,
2    including, but not limited to, Internet service providers
3    and hosting service providers, are not liable under this
4    Section, except for willful and wanton misconduct, by
5    virtue of the transmission, storage, or caching of
6    electronic communications or messages of others or by
7    virtue of the provision of other related
8    telecommunications, commercial mobile services, or
9    information services used by others in violation of this
10    Section.
11    (d) A defendant who directed the actions of a third party
12to violate this Section, under the principles of accountability
13set forth in Article 5 of this Code, is guilty of violating
14this Section as if the same had been personally done by the
15defendant, without regard to the mental state of the third
16party acting at the direction of the defendant.
17(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
1897-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.
191-1-13.)
 
20    (720 ILCS 5/12-7.5)
21    Sec. 12-7.5. Cyberstalking.
22    (a) A person commits cyberstalking when he or she engages
23in a course of conduct using electronic communication directed
24at a specific person, and he or she knows or should know that
25would cause a reasonable person to:

 

 

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1        (1) fear for his or her safety or the safety of a third
2    person; or
3        (2) suffer other emotional distress.
4    (a-3) A person commits cyberstalking when he or she,
5knowingly and without lawful justification, on at least 2
6separate occasions, harasses another person through the use of
7electronic communication and:
8        (1) at any time transmits a threat of immediate or
9    future bodily harm, sexual assault, confinement, or
10    restraint and the threat is directed towards that person or
11    a family member of that person; or
12        (2) places that person or a family member of that
13    person in reasonable apprehension of immediate or future
14    bodily harm, sexual assault, confinement, or restraint; or
15        (3) at any time knowingly solicits the commission of an
16    act by any person which would be a violation of this Code
17    directed towards that person or a family member of that
18    person.
19    (a-4) A person commits cyberstalking when he or she
20knowingly, surreptitiously, and without lawful justification,
21installs or otherwise places electronic monitoring software or
22spyware on an electronic communication device as a means to
23harass another person and:
24        (1) at any time transmits a threat of immediate or
25    future bodily harm, sexual assault, confinement, or
26    restraint and the threat is directed towards that person or

 

 

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1    a family member of that person;
2        (2) places that person or a family member of that
3    person in reasonable apprehension of immediate or future
4    bodily harm, sexual assault, confinement, or restraint; or
5        (3) at any time knowingly solicits the commission of an
6    act by any person which would be a violation of this Code
7    directed towards that person or a family member of that
8    person.
9    For purposes of this Section, an installation or placement
10is not surreptitious if:
11        (1) with respect to electronic software, hardware, or
12    computer applications, clear notice regarding the use of
13    the specific type of tracking software or spyware is
14    provided by the installer in advance to the owners and
15    primary users of the electronic software, hardware, or
16    computer application; or
17        (2) written or electronic consent of all owners and
18    primary users of the electronic software, hardware, or
19    computer application on which the tracking software or
20    spyware will be installed has been sought and obtained
21    through a mechanism that does not seek to obtain any other
22    approvals or acknowledgement from the owners and primary
23    users.
24    (a-5) A person commits cyberstalking when he or she,
25knowingly and without lawful justification, creates and
26maintains an Internet website or webpage which is accessible to

 

 

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1one or more third parties for a period of at least 24 hours,
2and which contains statements harassing another person and:
3        (1) which communicates a threat of immediate or future
4    bodily harm, sexual assault, confinement, or restraint,
5    where the threat is directed towards that person or a
6    family member of that person, or
7        (2) which places that person or a family member of that
8    person in reasonable apprehension of immediate or future
9    bodily harm, sexual assault, confinement, or restraint, or
10        (3) which knowingly solicits the commission of an act
11    by any person which would be a violation of this Code
12    directed towards that person or a family member of that
13    person.
14    (b) Sentence.
15         (1) Except as otherwise provided in paragraphs (2) and
16    (3) of this subsection (b), cyberstalking Cyberstalking is
17    a Class 4 felony. ;
18        (2) Except as otherwise provided in paragraph (3) of
19    this subsection (b), a second or subsequent conviction for
20    cyberstalking is a Class 3 felony.
21        (3) If the victim of cyberstalking is under 18 years of
22    age at the time of the offense, cyberstalking is a Class 3
23    felony for a first conviction and a Class 2 felony for a
24    second or subsequent conviction.
25    (c) For purposes of this Section:
26        (1) "Course of conduct" means 2 or more acts, including

 

 

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1    but not limited to acts in which a defendant directly,
2    indirectly, or through third parties, by any action,
3    method, device, or means follows, monitors, observes,
4    surveils, threatens, or communicates to or about, a person,
5    engages in other non-consensual contact, or interferes
6    with or damages a person's property or pet. The
7    incarceration in a penal institution of a person who
8    commits the course of conduct is not a bar to prosecution
9    under this Section.
10        (2) "Electronic communication" means any transfer of
11    signs, signals, writings, sounds, data, or intelligence of
12    any nature transmitted in whole or in part by a wire,
13    radio, electromagnetic, photoelectric, or photo-optical
14    system. "Electronic communication" includes transmissions
15    through an electronic device including, but not limited to,
16    a telephone, cellular phone, computer, or pager, which
17    communication includes, but is not limited to, e-mail,
18    instant message, text message, or voice mail.
19        (2.1) "Electronic communication device" means an
20    electronic device, including, but not limited to, a
21    wireless telephone, personal digital assistant, or a
22    portable or mobile computer.
23        (2.2) "Electronic monitoring software or spyware"
24    means software or an application that surreptitiously
25    tracks computer activity on a device and records and
26    transmits the information to third parties with the intent

 

 

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1    to cause injury or harm. For the purposes of this paragraph
2    (2.2), "intent to cause injury or harm" does not include
3    activities carried out in furtherance of the prevention of
4    fraud or crime or of protecting the security of networks,
5    online services, applications, software, other computer
6    programs, users, or electronic communication devices or
7    similar devices.
8        (3) "Emotional distress" means significant mental
9    suffering, anxiety or alarm.
10        (4) "Harass" means to engage in a knowing and willful
11    course of conduct directed at a specific person that
12    alarms, torments, or terrorizes that person.
13        (5) "Non-consensual contact" means any contact with
14    the victim that is initiated or continued without the
15    victim's consent, including but not limited to being in the
16    physical presence of the victim; appearing within the sight
17    of the victim; approaching or confronting the victim in a
18    public place or on private property; appearing at the
19    workplace or residence of the victim; entering onto or
20    remaining on property owned, leased, or occupied by the
21    victim; or placing an object on, or delivering an object
22    to, property owned, leased, or occupied by the victim.
23        (6) "Reasonable person" means a person in the victim's
24    circumstances, with the victim's knowledge of the
25    defendant and the defendant's prior acts.
26        (7) "Third party" means any person other than the

 

 

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1    person violating these provisions and the person or persons
2    towards whom the violator's actions are directed.
3    (d) Telecommunications carriers, commercial mobile service
4providers, and providers of information services, including,
5but not limited to, Internet service providers and hosting
6service providers, are not liable under this Section, except
7for willful and wanton misconduct, by virtue of the
8transmission, storage, or caching of electronic communications
9or messages of others or by virtue of the provision of other
10related telecommunications, commercial mobile services, or
11information services used by others in violation of this
12Section.
13    (e) A defendant who directed the actions of a third party
14to violate this Section, under the principles of accountability
15set forth in Article 5 of this Code, is guilty of violating
16this Section as if the same had been personally done by the
17defendant, without regard to the mental state of the third
18party acting at the direction of the defendant.
19    (f) It is not a violation of this Section to:
20        (1) provide, protect, maintain, update, or upgrade
21    networks, online services, applications, software, other
22    computer programs, electronic communication devices, or
23    similar devices under the terms of use applicable to those
24    networks, services, applications, software, programs, or
25    devices;
26        (2) interfere with or prohibit terms or conditions in a

 

 

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1    contract or license related to networks, online services,
2    applications, software, other computer programs,
3    electronic communication devices, or similar devices; or
4        (3) create any liability by reason of terms or
5    conditions adopted, or technical measures implemented, to
6    prevent the transmission of unsolicited electronic mail or
7    communications.
8(Source: P.A. 100-166, eff. 1-1-18.)