09/13/2026
For the “I don’t want to get involved “ crowd.
Federal Statute-
Under federal jurisdiction, this is prosecuted as Federal Stalking under 18 U.S. Code § 2261A. [1] (https://www.law.cornell.edu/uscode/text/18/2261A)The Rule: It is a federal felony to use any interactive computer service, electronic communication system (like the internet or apps), or cross state lines to engage in a "course of conduct" that places someone in reasonable fear of death, serious injury, or causes substantial emotional distress. [1] (https://www.law.cornell.edu/uscode/text/18/2261A), [2] (https://www.combswaterkotte.com/federal-criminal-statutes/cybercrimes-and-hacking/2261a-stalking-and-cyberstalking/)Proxy Stalking: Federal law treats a "course of conduct" as a pattern of behavior. It explicitly covers scenarios where the instigator uses tools, networks, or digital recruitment to have other people surveil or harass the victim.
🌲 Illinois State LawUnder the Illinois Criminal Code, this behavior falls under two specific statutes:Stalking (720 ILCS 5/12-7.3): Illinois law defines a "course of conduct" as a pattern of two or more acts where a perpetrator follows, monitors, observes, or surveils a person "directly, indirectly, or through third parties". [1] (https://www.isba.org/committees/women/newsletter/2011/11/stalkingnocontactorderact)Cyberstalking (720 ILCS 5/12-7.5): If the instigator uses online forums, social media, or electronic channels to solicit, coordinate, or get third parties to harass you, it is classified as cyberstalking.
[1] (https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-12-7-5/), [2] (https://www.srhunterlaw.com/Criminal-Code-of-1961-Article-12-Stalking-Crimes)⚖️ Accountability and PenaltiesThe
"Accountability" Rule: Illinois law explicitly states that a defendant who directs the actions of a third party to stalk someone is guilty of stalking as if they had personally done it themselves. [1] (https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-12-7-3/)Criminal Charges: In Illinois, both stalking and cyberstalking are classified as Class 4 Felonies for a first offense (carrying 1 to 3 years in prison). If there is bodily harm or a violation of a protection order, it becomes Aggravated Stalking (Class 3 Felony). [1] (https://www.smcculloughlaw.com/kane-county-criminal-defense/when-can-you-be-charged-with-cyberstalking-in-illinois), [2] (https://hrkfamilylaw.com/illinois-stalking-laws-explained/), [3] (https://www.findlaw.com/state/illinois-law/illinois-stalking-laws.html)
[1] (https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-12-7-5/), [2] (https://www.srhunterlaw.com/Criminal-Code-of-1961-Article-12-Stalking-Crimes)⚖️ Accountability and PenaltiesThe "Accountability" Rule: Illinois law explicitly states that a defendant who directs the actions of a third party to stalk someone is guilty of stalking as if they had personally done it themselves. [1] (https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-12-7-3/)Criminal Charges: In Illinois, both stalking and cyberstalking are classified as Class 4 Felonies for a first offense (carrying 1 to 3 years in prison). If there is bodily harm or a violation of a protection order, it becomes Aggravated Stalking (Class 3 Felony). [1] (https://www.smcculloughlaw.com/kane-county-criminal-defense/when-can-you-be-charged-with-cyberstalking-in-illinois), [2] (https://hrkfamilylaw.com/illinois-stalking-laws-explained/), [3] (https://www.findlaw.com/state/illinois-law/illinois-stalking-laws.html)
