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Illinois Compiled Statutes

720 ILCS 5/12-3.9 (2026)

Violation of a stalking no contact order

✓ current as of May 2026
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(720 ILCS 5/12-3.9)
    Sec. 12-3.9. Violation of a stalking no contact order.
    (a) A person commits violation of a stalking no contact order if:
        (1) he or she knowingly commits an act which was
    
prohibited by a court or fails to commit an act which was ordered by a court in violation of:
            (A) a remedy in a valid stalking no contact order
        
of protection authorized under Section 80 of the Stalking No Contact Order Act or Section 112A-14.7 of the Code of Criminal Procedure of 1963; or
            (B) a remedy, which is substantially similar to
        
the remedies authorized under Section 80 of the Stalking No Contact Order Act or Section 112A-14.7 of the Code of Criminal Procedure of 1963, or in a valid stalking no contact order, which is authorized under the laws of another state, tribe, or United States territory; and
        (2) the violation occurs after the offender has been
    
served notice of the contents of the order, under the Stalking No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, or any substantially similar statute of another state, tribe, or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
    A stalking no contact order issued by a state, tribal, or territorial court shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory. There shall be a presumption of validity when an order is certified and appears authentic on its face.
    (a-3) For purposes of this Section, a "stalking no contact order" may have been issued in a criminal or civil proceeding.
    (a-5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign stalking no contact order.
    (b) Prosecution for a violation of a stalking no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.
    (c) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
    (d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
    (e) Sentence. A violation of a stalking no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.)

    
Notes of Decisions
Cited in 11 cases (11 in the last 5 years), 2023–2026 · leading case: People v. Gupta, 2024 IL App (3d) 220349-U (Ill. App. Ct. 2024).
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People v. Gupta, 2024 IL App (3d) 220349-U (Ill. App. Ct. 2024). · cites it 2× “” 720 ILCS 5/12-3.9 (West 2018). ¶ 29 In pertinent part, the Order prohibits defendant from entering or remaining at Claudio’s “places of employment located at [Oberweis and Target],” and “anywhere [that Claudio] may be.”
People v. Luth, 2025 IL App (5th) 230146-U (Ill. App. Ct. 2025). · cites it 4× “Since there were no IPI instructions for the offense of violation of a stalking no contact order (720 ILCS 5/12-3.9 (West 2020)), the State tendered modified instructions modeled on the IPI instructions for the offense of violation of an order of protection (id.”
People v. Mitchell, 2024 IL App (3d) 230758 (Ill. App. Ct. 2024). “Mitchell, was charged with violating a stalking no-contact order (720 ILCS 5/12-3.9(a) (West 2022)). The State filed a verified petition to deny Mitchell’s pretrial release, which the circuit court granted after a hearing.”
Cortes-Yepez v. Avelar, 2026 IL App (1st) 250657 (Ill. App. Ct. 2026). “720 ILCS 5/12-3.9(e) (West 2024). A violation, thus, carries penalties ranging from less than one year imprisonment (730 ILCS 5/5-4.”
People v. Woodruff, 2023 IL App (3d) 220061-U (Ill. App. Ct. 2023). · cites it 2× “BACKGROUND ¶4 Defendant was charged by information with unlawful violation of a stalking no contact order (720 ILCS 5/12-3.9 (West 2020)) for an offense that occurred on August 7, 2021.”
People v. Hying, 2023 IL App (4th) 220456-U (Ill. App. Ct. 2023). · cites it 2× “The State ultimately proceeded against defendant on a charge of violation of a stalking no contact order (720 ILCS 5/12-3.9 (West 2020)). ¶6 B. Stipulation ¶7 In December 2021, the trial court held a final pretrial hearing.”
People v. Smith, 2025 IL App (5th) 241024-U (Ill. App. Ct. 2025). · cites it 2× “720 ILCS 5/12-3.9(a) (West 2020). - 16 - ¶ 40 The parties do not dispute defendant was served notice of the contents of the order of protection against him.”
People v. Fowler, 2026 IL App (3d) 240584-U (Ill. App. Ct. 2026). · cites it 2× “BACKGROUND ¶4 The State charged defendant with violating an SNCO (720 ILCS 5/12-3.9(a) (West 2022)). The State alleged that defendant knowingly committed an act prohibited by an SNCO when she entered or remained at 1809 W.”
People v. Webster, 2026 IL App (2d) 250185 (Ill. App. Ct. 2026). · cites it 2× “, was found guilty of violating a plenary stalking/no-contact order (720 ILCS 5/12-3.9 (West 2022)) issued in favor of H.”
People v. Jefferson, 2024 IL App (4th) 230239-U (Ill. App. Ct. 2024). “740 ILCS 21/125 (West 2022); 720 ILCS 5/12-3.9 (West 2022). ¶ 39 Defendant initially asserts the trial court misconstrued the pertinent act prohibited by the stalking no contact order by finding any contact between defendant and Hill was prohibited.”
People v. Abundez, 2026 IL App (3d) 250136-U (Ill. App. Ct. 2026). “BACKGROUND ¶4 On September 26, 2023, defendant was charged with violating a stalking no contact order (720 ILCS 5/12-3.9(a)(1)(A), (2) (West 2022)).”
— 720 ILCS 5/12-3.9(a) — 5 cases
People v. Mitchell, 2024 IL App (3d) 230758 (Ill. App. Ct. 2024). “Mitchell, was charged with violating a stalking no-contact order (720 ILCS 5/12-3.9(a) (West 2022)). The State filed a verified petition to deny Mitchell’s pretrial release, which the circuit court granted after a hearing.”
People v. Luth, 2025 IL App (5th) 230146-U (Ill. App. Ct. 2025). “Since there were no IPI instructions for the offense of violation of a stalking no contact order (720 ILCS 5/12-3.9 (West 2020)), the State tendered modified instructions modeled on the IPI instructions for the offense of violation of an order of protection (id.”
People v. Woodruff, 2023 IL App (3d) 220061-U (Ill. App. Ct. 2023). “BACKGROUND ¶4 Defendant was charged by information with unlawful violation of a stalking no contact order (720 ILCS 5/12-3.9 (West 2020)) for an offense that occurred on August 7, 2021.”
People v. Smith, 2025 IL App (5th) 241024-U (Ill. App. Ct. 2025). “720 ILCS 5/12-3.9(a) (West 2020). - 16 - ¶ 40 The parties do not dispute defendant was served notice of the contents of the order of protection against him.”
People v. Fowler, 2026 IL App (3d) 240584-U (Ill. App. Ct. 2026). “BACKGROUND ¶4 The State charged defendant with violating an SNCO (720 ILCS 5/12-3.9(a) (West 2022)). The State alleged that defendant knowingly committed an act prohibited by an SNCO when she entered or remained at 1809 W.”
— 720 ILCS 5/12-3.9(a)(1)(A) — 5 cases
People v. Smith, 2025 IL App (5th) 241024-U (Ill. App. Ct. 2025). “720 ILCS 5/12-3.9(a) (West 2020). - 16 - ¶ 40 The parties do not dispute defendant was served notice of the contents of the order of protection against him.”
People v. Luth, 2025 IL App (5th) 230146-U (Ill. App. Ct. 2025). “Since there were no IPI instructions for the offense of violation of a stalking no contact order (720 ILCS 5/12-3.9 (West 2020)), the State tendered modified instructions modeled on the IPI instructions for the offense of violation of an order of protection (id.”
People v. Abundez, 2026 IL App (3d) 250136-U (Ill. App. Ct. 2026). “BACKGROUND ¶4 On September 26, 2023, defendant was charged with violating a stalking no contact order (720 ILCS 5/12-3.9(a)(1)(A), (2) (West 2022)).”
People v. Fowler, 2026 IL App (3d) 240584-U (Ill. App. Ct. 2026). “BACKGROUND ¶4 The State charged defendant with violating an SNCO (720 ILCS 5/12-3.9(a) (West 2022)). The State alleged that defendant knowingly committed an act prohibited by an SNCO when she entered or remained at 1809 W.”
People v. Webster, 2026 IL App (2d) 250185 (Ill. App. Ct. 2026). “, was found guilty of violating a plenary stalking/no-contact order (720 ILCS 5/12-3.9 (West 2022)) issued in favor of H.”
— 720 ILCS 5/12-3.9(e) — 1 case
Cortes-Yepez v. Avelar, 2026 IL App (1st) 250657 (Ill. App. Ct. 2026). “720 ILCS 5/12-3.9(e) (West 2024). A violation, thus, carries penalties ranging from less than one year imprisonment (730 ILCS 5/5-4.”
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