After years spent engaging in online dating, a man and woman finally meet up in person and fall in love. They both have been divorced and share children with their respective ex-spouses. After several months of dating, things are going well between the couple. However, the man begins to lose interest in his newly found romantic partner. He realizes that she has some spending habits that are problematic and that she has extensive credit card debt. He decides to call the relationship off, much to the devastation of the woman.
The woman cannot let the relationship go and continues to obsess about what could have been. She constantly texts the man and even shows up at his home when his children are there. She continues to barrage him with Facebook and other social media messages, even after he asks her to stop. Has the woman committed the crime of cyberstalking?
Illinois’ Stalking Laws
Victims of cyberstalking are often stalked by people they know personally. Illinois recently updated its stalking and harassment laws to include stalking via digital media and social media. Illinois recognizes three different types of stalking:
- Knowingly engaging in behavior that would cause a reasonable person to fear for his or her safety or for the safety of others.
- Knowingly surveilling someone without their consent and without legal authority to do so. The surveillance must happen on at least two different occasions and the stalking must create fear or anxiety in the victims.
- Restraining or confining a victim without permission or cause. This offense is also known as aggravated stalking and the Illinois law treats it more seriously than other forms of stalking.
Can Sending Social Media Messages be Considered Stalking?
Does sending unwanted social media messages constitute stalking? It depends on the facts of the situation at hand. The defendant must knowingly engage in online behaviors and contact that create a reasonable fear of anxiety or fear in the victim. The question, in this case, would be whether or not the woman’s constant social media messages place the man in reasonable fear of his safety. Sending social media messages alone may not be enough to meet that standard.
However, the content of the messages may prove that the victim of cyberstalking has become reasonably fearful for his or her safety. For example, if the messages often made threats, even vague ones, the conduct could rise to the level of cyberstalking in Illinois. Defendants who are convicted of cyber-stalking face felony-level charges which can come with over a year of jail time.
Facing a No-Contact Order Violation for Stalking? We Can Help
If you have been the victim of cyberstalking in Illinois, our lawyers can help. A guilty cyberstalking will receive a minimum prison sentence on the stalking charge alone. Illinois’ Attorney’s offices rarely prosecute actual stalking cases. However, many no-contact order violations stream into Illinois Courts every year. A stalking no-contact order can negatively impact your life. Whether you are facing a stalking charge or a no-contact order, we can help fight for your rights throughout the entire process. Contact our law firm today to schedule your initial consultation.