Description
The Cyberstalking law criminalizes harassing and threatening behavior, on at least two separate occasions, made via electronic communication and: (1) at any time transmits a threat of immediate bodily harm, sexual assault, confinement or restraint; (2) places that person or a family member of that person in reasonable apprehension of immediate bodily harm, sexual assault, confinement, or restraint; or (3) at any time solicits the commission of an act by any person.
A person also commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and: (1) at any time transmits a threat of immediate bodily harm, sexual assault, confinement or restraint; (2) places that person or a family member of that person in reasonable apprehension of immediate bodily harm, sexual assault, confinement, or restraint; or (3) at any time solicits the commission of an act by any person.
Further, a person who creates and maintains a website for at least 24 hours that includes a threat of immediate or future bodily harm, sexual assault, confinement, or restraint directed toward another person and which places the person or family member of that person in reasonable apprehension of immediate or future harm, is also a violation.
Cyberstalking is a Class 4 felony. A second or subsequent conviction is a Class 3 felony.
Applicability
This law applies to all individuals.