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Illinois Compiled Statutes

720 ILCS 5/12-7.4 (2026)

Aggravated stalking

✓ current as of May 2026
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(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
    Sec. 12-7.4. Aggravated stalking.
    (a) A person commits aggravated stalking when he or she commits stalking and:
        (1) causes bodily harm to the victim;
        (2) confines or restrains the victim; or
        (3) violates a temporary restraining order, an order
    
of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.
    (a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.
    (b) Sentence. Aggravated stalking is a Class 3 felony; a second or subsequent conviction is a Class 2 felony.
    (c) Exemptions.
        (1) This Section does not apply to any individual or
    
organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements.
        (2) This Section does not apply to an exercise of the
    
right of free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    
service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
    (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.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. 1-1-13.)

    
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1995–2025 · leading case: People v. Morocho, 2019 IL App (1st) 153232 (Ill. App. Ct. 2019).
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People v. Morocho, 2019 IL App (1st) 153232 (Ill. App. Ct. 2019). · cites it 3× “720 ILCS 5/12-7.4(a) (West 2014). Counts IXX and XX were predicated upon violations of subsection (a)(1) of the Stalking Statute (720 ILCS 5/12-7.”
People v. Taylor, 2019 IL App (1st) 160173 (Ill. App. Ct. 2020). · cites it 2× “On appeal, defendant contends that his conviction for aggravated stalking (720 ILCS 5/12-7.4 (West 2014)) must be vacated because the underlying stalking statute (id.”
People v. Strawbridge, 935 N.E.2d 1104 (Ill. App. Ct. 2010). · cites it 2× “1(a) (West 2000)) and one count of aggravated stalking (720 ILCS 5/12-7.4(a)(3) (West 2000)), following a jury trial in the circuit court of Winnebago County.”
People v. Bailey, 657 N.E.2d 953 (Ill. 1995). “" 720 ILCS 5/12-7.4 (West 1992). Both statutes have been amended twice since defendants were charged.”
People v. Glover, 2017 IL App (4th) 160586 (Ill. App. Ct. 2017). “3(a-3), (b) (West 2010)) (counts V and VI); (4) aggravated stalking where he knew or should have known his course of conduct would cause a reasonable person to fear for his or her safety and he caused Stephenson bodily harm, a Class 3 felony (720 ILCS 5/12-7.4(a)(1), (b) (West…”
People v. Glover, 2017 IL App (4th) 160586 (Ill. App. Ct. 2017). “3(a-3), (b) (West 2010)) (counts V and VI); (4) aggravated stalking where he knew or should have known his course of conduct would cause a reasonable person to fear for his or her safety and he caused Stephenson bodily harm, a Class 3 felony (720 ILCS 5/12-7.4(a)(1), (b) (West…”
People v. Daniel, 670 N.E.2d 861 (Ill. App. Ct. 1996). “720 ILCS 5/12-7.4(a)(3) (West 1994). The stalking statute specifies that one "places a person under surveillance" by " remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the…”
People v. Smith, 2025 IL App (5th) 241024-U (Ill. App. Ct. 2025). · cites it 3× “21-CF-1538 of aggravated stalking (720 ILCS 5/12-7.4(a)(3) (West 2020)) and in Macon County case No.”
People v. Kimber, 2019 IL App (4th) 190173-U (Ill. App. Ct. 2019). · cites it 2× “720 ILCS 5/12-7.4 (a)(3) (West 2016). In order to prove defendant committed stalking, the State must prove defendant (1) knowingly engaged in a course of conduct directed at a specific person and (2) knew or should have known that this course of conduct would cause a reasonable…”
People v. Lincoln, 2022 IL App (4th) 210698-U (Ill. App. Ct. 2022). “See 720 ILCS 5/12-7.4(a)(3) (West 2020). To prove a defendant committed the offense of aggravated stalking, the State must first prove the defendant committed the crime of stalking.”
People v. Young, 2024 IL App (1st) 221919-U (Ill. App. Ct. 2024). “05(d)(4), (h) (West 2020) (aggravated battery to a peace officer or correctional institution employee is a Class 2 felony); 720 ILCS 5/12-7.4(b) -4- No. 1-22-1919 (West 2020) (aggravated stalking is a Class 3 felony).”
People v. Dida, 2025 IL App (4th) 231371-U (Ill. App. Ct. 2025). “Dida, was found guilty of one count of aggravated stalking (720 ILCS 5/12-7.4(a)(3) (West 2020)) and one count of violating an order of protection (id.”
Show all 13 citing cases →
— 720 ILCS 5/12-7.4(a) — 1 case
People v. Morocho, 2019 IL App (1st) 153232 (Ill. App. Ct. 2019). “720 ILCS 5/12-7.4(a) (West 2014). Counts IXX and XX were predicated upon violations of subsection (a)(1) of the Stalking Statute (720 ILCS 5/12-7.”
— 720 ILCS 5/12-7.4(a)(1) — 3 cases
People v. Morocho, 2019 IL App (1st) 153232 (Ill. App. Ct. 2019). “720 ILCS 5/12-7.4(a) (West 2014). Counts IXX and XX were predicated upon violations of subsection (a)(1) of the Stalking Statute (720 ILCS 5/12-7.”
People v. Glover, 2017 IL App (4th) 160586 (Ill. App. Ct. 2017). “3(a-3), (b) (West 2010)) (counts V and VI); (4) aggravated stalking where he knew or should have known his course of conduct would cause a reasonable person to fear for his or her safety and he caused Stephenson bodily harm, a Class 3 felony (720 ILCS 5/12-7.4(a)(1), (b) (West…”
People v. Glover, 2017 IL App (4th) 160586 (Ill. App. Ct. 2017). “3(a-3), (b) (West 2010)) (counts V and VI); (4) aggravated stalking where he knew or should have known his course of conduct would cause a reasonable person to fear for his or her safety and he caused Stephenson bodily harm, a Class 3 felony (720 ILCS 5/12-7.4(a)(1), (b) (West…”
— 720 ILCS 5/12-7.4(a)(3) — 8 cases
People v. Strawbridge, 935 N.E.2d 1104 (Ill. App. Ct. 2010). “1(a) (West 2000)) and one count of aggravated stalking (720 ILCS 5/12-7.4(a)(3) (West 2000)), following a jury trial in the circuit court of Winnebago County.”
People v. Taylor, 2019 IL App (1st) 160173 (Ill. App. Ct. 2020). “On appeal, defendant contends that his conviction for aggravated stalking (720 ILCS 5/12-7.4 (West 2014)) must be vacated because the underlying stalking statute (id.”
People v. Daniel, 670 N.E.2d 861 (Ill. App. Ct. 1996). “720 ILCS 5/12-7.4(a)(3) (West 1994). The stalking statute specifies that one "places a person under surveillance" by " remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the…”
People v. Smith, 2025 IL App (5th) 241024-U (Ill. App. Ct. 2025). “21-CF-1538 of aggravated stalking (720 ILCS 5/12-7.4(a)(3) (West 2020)) and in Macon County case No.”
People v. Lincoln, 2022 IL App (4th) 210698-U (Ill. App. Ct. 2022). “See 720 ILCS 5/12-7.4(a)(3) (West 2020). To prove a defendant committed the offense of aggravated stalking, the State must first prove the defendant committed the crime of stalking.”
— 720 ILCS 5/12-7.4(b) — 1 case
People v. Young, 2024 IL App (1st) 221919-U (Ill. App. Ct. 2024). “05(d)(4), (h) (West 2020) (aggravated battery to a peace officer or correctional institution employee is a Class 2 felony); 720 ILCS 5/12-7.4(b) -4- No. 1-22-1919 (West 2020) (aggravated stalking is a Class 3 felony).”
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