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Illinois Compiled Statutes

720 ILCS 5/26.5-2 (2026)

Harassment by telephone

✓ current as of May 2026
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(720 ILCS 5/26.5-2)
    Sec. 26.5-2. Harassment by telephone.
    (a) A person commits harassment by telephone when he or she uses telephone communication for any of the following purposes:
        (1) Making any comment, request, suggestion or
    
proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend;
        (2) Making a telephone call, whether or not
    
conversation ensues, with intent to abuse, threaten or harass any person at the called number;
        (3) Making or causing the telephone of another
    
repeatedly to ring, with intent to harass any person at the called number;
        (4) Making repeated telephone calls, during which
    
conversation ensues, solely to harass any person at the called number;
        (5) Making a telephone call or knowingly inducing a
    
person to make a telephone call for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; or
        (6) Knowingly permitting any telephone under one's
    
control to be used for any of the purposes mentioned herein.
    (b) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. The notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING". All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)

    
Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2013–2026 · leading case: Patriotic Vets., Inc. v. State of Indiana, 736 F.3d 1041 (7th Cir. 2013).
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Patriotic Vets., Inc. v. State of Indiana, 736 F.3d 1041 (7th Cir. 2013). “720 ILCS 5/26.5-2; Ind. Code § 35-45-2-2 ; Wisconsin Stat.”
Gillard v. Nw. Mem'l Hosp., 2019 IL App (1st) 182348 (Ill. App. Ct. 2019). “Gillard was tried and convicted of harassment by telephone (720 ILCS 5/26.5-2 (West 2014)) and sentenced to 10 days’ imprisonment.”
People v. Nelson, 2013 IL App (3d) 120191 (Ill. App. Ct. 2014). “1, 2013) (adding 720 ILCS 5/26.5-2). -6- “Harassment by telephone is the use of telephone communication for any of the following purposes: (1) Making any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend; or…”
People v. Hughes, 2024 IL App (1st) 232416-U (Ill. App. Ct. 2024). · cites it 2× “5(a)(1), (a)(2), (a-3)(1) (West 2020); and harassment, 720 ILCS 5/26.5-2(a)(1), (a)(2) (West 2020), 720 ILCS 5/26.”
Gillard v. Nw. Mem'l Hosp., 2019 IL App (1st) 182348 (Ill. App. Ct. 2019). “Gillard was tried and convicted of harassment by telephone (720 ILCS 5/26.5-2 (West 2014)) and sentenced to 10 days’ imprisonment.”
People v. Nelson, 2013 IL App (3d) 120191 (Ill. App. Ct. 2014). “1, 2013) (adding 720 ILCS 5/26.5-2). 10 1-1(1) requires that the defendant's conscious objective or purpose be to offend the recipient of the call, while subsection 1-1(2) requires the defendant's conscious objective or purpose be to abuse, threaten, or harass a person at the…”
People v. Hayes, 2020 IL App (3d) 170869-U (Ill. App. Ct. 2020). · cites it 4× “5-2(a)(4) of the Criminal Code of 2012 (Code) (720 ILCS 5/26.5-2(a)(4) (West 2014)). The complaint alleged that the defendant “did knowingly make repeated telephone calls, during which conversation ensued, solely to harass Melanie Forrest, at the called numbers of her place of…”
People v. McDowell, 2021 IL App (1st) 161112-U (Ill. App. Ct. 2021). · cites it 4× “5-2(a)(2) of Code (720 ILCS 5/26.5-2 (a)(2) (West 2014)). ¶ 31 The defendant has a fundamental right to be informed of the nature and cause of the criminal allegations against him.”
People v. Gabrys, 2026 IL App (3d) 250225-U (Ill. App. Ct. 2026). · cites it 4× “Taylor was decided when the harassment by telephone statute was found at section 1-1 of the Harassing and Obscene Communications Act (720 ILCS 135/1-1 (West 2002) (now 720 ILCS 5/26.5-2)). At that time, the Harassing and Obscene Communications Act (720 ILCS 135/0.”
People v. Tooks, 2024 IL App (4th) 240259-U (Ill. App. Ct. 2024). “BACKGROUND ¶4 On January 26, 2024, the State charged defendant with harassment by telephone (720 ILCS 5/26.5-2(a)(2) (West 2022)) and harassment through electronic communications (id.”
People v. Da Costa, 2025 IL App (3d) 230733-U (Ill. App. Ct. 2025). “720 ILCS 5/26.5-2(a)(2) (West 2022). To prove the charge of disorderly conduct, the State was required to prove beyond a reasonable doubt that defendant committed “any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.”
People v. Hampton, 2025 IL App (1st) 241381-U (Ill. App. Ct. 2025). “July 1, 2018), this appeal has been resolved without oral argument upon the entry of a separate written order.”
— 720 ILCS 5/26.5-2(a)(1) — 1 case
People v. Hughes, 2024 IL App (1st) 232416-U (Ill. App. Ct. 2024). “5(a)(1), (a)(2), (a-3)(1) (West 2020); and harassment, 720 ILCS 5/26.5-2(a)(1), (a)(2) (West 2020), 720 ILCS 5/26.”
— 720 ILCS 5/26.5-2(a)(2) — 6 cases
People v. Hughes, 2024 IL App (1st) 232416-U (Ill. App. Ct. 2024). “5(a)(1), (a)(2), (a-3)(1) (West 2020); and harassment, 720 ILCS 5/26.5-2(a)(1), (a)(2) (West 2020), 720 ILCS 5/26.”
People v. Gabrys, 2026 IL App (3d) 250225-U (Ill. App. Ct. 2026). “Taylor was decided when the harassment by telephone statute was found at section 1-1 of the Harassing and Obscene Communications Act (720 ILCS 135/1-1 (West 2002) (now 720 ILCS 5/26.5-2)). At that time, the Harassing and Obscene Communications Act (720 ILCS 135/0.”
People v. McDowell, 2021 IL App (1st) 161112-U (Ill. App. Ct. 2021). “5-2(a)(2) of Code (720 ILCS 5/26.5-2 (a)(2) (West 2014)). ¶ 31 The defendant has a fundamental right to be informed of the nature and cause of the criminal allegations against him.”
People v. Tooks, 2024 IL App (4th) 240259-U (Ill. App. Ct. 2024). “BACKGROUND ¶4 On January 26, 2024, the State charged defendant with harassment by telephone (720 ILCS 5/26.5-2(a)(2) (West 2022)) and harassment through electronic communications (id.”
People v. Da Costa, 2025 IL App (3d) 230733-U (Ill. App. Ct. 2025). “720 ILCS 5/26.5-2(a)(2) (West 2022). To prove the charge of disorderly conduct, the State was required to prove beyond a reasonable doubt that defendant committed “any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.”
— 720 ILCS 5/26.5-2(a)(4) — 1 case
People v. Hayes, 2020 IL App (3d) 170869-U (Ill. App. Ct. 2020). “5-2(a)(4) of the Criminal Code of 2012 (Code) (720 ILCS 5/26.5-2(a)(4) (West 2014)). The complaint alleged that the defendant “did knowingly make repeated telephone calls, during which conversation ensued, solely to harass Melanie Forrest, at the called numbers of her place of…”
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