For better or for worse, we may spend too much of our lives on social media: Facebook, Twitter, Instagram, Pinterest and numerous platforms that allow us to share our ideas, photos and personal thoughts with the world. While there are benefits to forging such electronic connections, there are also consequences. For example, the more we share on the Internet about our personal lives, the more vulnerable we become to cyberstalking.
Cyberstalking is a serious offense. It is a Class 4 felony, punishable by one to three years in prison and a $25,000 fine. A subsequent offense is a Class 3 felony, punishable by two to five years in prison and a $25,000 fine. Unfortunately, some Internet users do not realize that what they post online can amount to a crime. That is why users need to be wary of the content that they post, especially if it is directed toward another person. Cyberstalking victims, too, should exercise caution, because cyberstalking can lead to in-person stalking and physical assault.
Three Types of Cyberstalking Under Illinois Law
Illinois law classifies three courses of conduct as cyberstalking:
1. An individual commits this offense when the individual directs communications electronically toward someone else and he knows that his action would cause an individual to:
(a) Fear for his own safety or the safety of someone else; or
(b) Suffer emotional distress of another kind.
2. An individual commits this offense when he knowingly harasses another person via electronic communication at least twice and:
(a) Sends a threat of harm to someone’s body, sexual assault, restraint or confinement, and the threat is meant for that individual or one of his or her family members;
(b) Places that individual or his or her family in apprehension of harm, sexual assault, restraint or confinement; or
(c) Knowingly solicits someone to commit an act that would amount to cyberstalking of that individual or his or her family members.
3. An individual commits this offense when he knowingly creates and maintains a website (or webpage) that contains statements harassing another person and is accessible to one or more third parties for at least one day and:
(a) Communicates a threat of immediate or future bodily harm, sexual assault, confinement or restraint that is directed toward that person or a family member of that person;
(b) Puts that individual or his or her family in fear of harm, sexual assault, restraint or confinement; or
(c) Knowingly solicits someone to commit an act that would amount to cyberstalking of that person or a family member of that person.
(Also keep in mind that there is a federal cyberstalking law.)
Let Our Attorneys Help You
If you have been charged with cyberstalking, contact one of our experienced Chicago, Illinois criminal defense attorneys today. Intent is a key component of cyberstalking – we can help prove that you did not know (and had no way of knowing) that someone would feel threatened or emotionally distressed by your Internet post. We can assist those in Chicago, Schaumburg, and the surrounding areas.