ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/26.5-3 (2026)

Harassment through electronic communications

✓ current as of May 2026
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(720 ILCS 5/26.5-3)
    Sec. 26.5-3. Harassment through electronic communications.
    (a) A person commits harassment through electronic communications when he or she uses electronic communication for any of the following purposes:
        (1) Making any comment, request, suggestion or
    
proposal which is obscene with an intent to offend;
        (2) Interrupting, with the intent to harass, the
    
telephone service or the electronic communication service of any person;
        (3) Transmitting to any person, with the intent to
    
harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
        (4) Transmitting an electronic communication or
    
knowingly inducing a person to transmit an electronic communication 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;
        (5) Threatening injury to the person or to the
    
property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
        (6) Knowingly permitting any electronic
    
communications device to be used for any of the purposes mentioned in this subsection (a).
    (b) 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.
(Source: P.A. 97-1108, eff. 1-1-13.)

    
Notes of Decisions
Cited in 17 cases (13 in the last 5 years), 2018–2025 · leading case: People v. Gardner, 2024 IL App (4th) 230443 (Ill. App. Ct. 2024).
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People v. Gardner, 2024 IL App (4th) 230443 (Ill. App. Ct. 2024). “Defendant was later charged with one count of harassment through electronic communications (720 ILCS 5/26.5-3(a)(5) (West 2022)) for sending the threatening text messages to White.”
People v. Wilber, 2020 IL App (2d) 180024 (Ill. App. Ct. 2020). “Wilber, was convicted of two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). In this direct appeal, defendant contends that the trial court did not have jurisdiction to try, convict, or sentence him because there was an interlocutory…”
People v. Wilber, 2018 IL App (2d) 170328 (Ill. App. Ct. 2019). “Wilber, was charged by information with two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). The information alleged that defendant threatened injury to Carol Reinke and her family (count I) and to Clarence Reinke and his family (count…”
People v. Greenfield, 2021 IL App (1st) 190952-U (Ill. App. Ct. 2021). · cites it 3× “¶2 Following a bench trial, defendant Jozette Greenfield was convicted of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2018)) and sentenced to 24 months’ probation and 20 hours of community service.”
People v. Wilber, 2018 IL App (2d) 170328 (Ill. App. Ct. 2018). “Wilber, was charged by information with two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). The information alleged that defendant threatened injury to Carol Reinke and her family (count I) and to Clarence Reinke and his family (count…”
People v. Hughes, 2024 IL App (1st) 232416-U (Ill. App. Ct. 2024). “5-2(a)(1), (a)(2) (West 2020), 720 ILCS 5/26.5-3(a)(1) (West 2020) in case 21 CR 1948.”
People v. Wilber, 2020 IL App (2d) 180024 (Ill. App. Ct. 2020). “Wilber, was convicted of two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). In this direct appeal, defendant contends that the trial court did not have jurisdiction to try, convict, or sentence him because there was an interlocutory…”
People v. Davis, 2025 IL App (5th) 240840-U (Ill. App. Ct. 2025). “See 720 ILCS 5/26.5-3(a)(5), 26.5-5(b)(4) (West 2020).”
People v. Davis, 2025 IL App (5th) 240840-U (Ill. App. Ct. 2025). “See 720 ILCS 5/26.5-3(a)(5), 26.5-5(b)(4) (West 2020).”
People v. Ocampo, 2025 IL App (1st) 240491-U (Ill. App. Ct. 2025). · cites it 3× “1, 2013); 720 ILCS 5/26.5-3 (West 2022). -8- No. 1-24-0491 the electronic harassment statute’s purpose is to prevent the personal invasion into people’s homes and lives by harassing communications via electronic devices.”
Younge v. Berman, 2025 IL App (2d) 240354-U (Ill. App. Ct. 2025). “5-3(a) of the Criminal Code of 2012 (720 ILCS 5/26.5-3(a) (West 2022))].” Once more, we disagree.”
People v. Berry, 2022 IL App (1st) 210815-U (Ill. App. Ct. 2022). · cites it 2× “The petitioner was sentenced to 90 days in jail followed by 30 months’ probation.”
Show all 17 citing cases →
— 720 ILCS 5/26.5-3(a) — 1 case
Younge v. Berman, 2025 IL App (2d) 240354-U (Ill. App. Ct. 2025). “5-3(a) of the Criminal Code of 2012 (720 ILCS 5/26.5-3(a) (West 2022))].” Once more, we disagree.”
— 720 ILCS 5/26.5-3(a)(1) — 3 cases
People v. Hughes, 2024 IL App (1st) 232416-U (Ill. App. Ct. 2024). “5-2(a)(1), (a)(2) (West 2020), 720 ILCS 5/26.5-3(a)(1) (West 2020) in case 21 CR 1948.”
Ocampo v. Illinois State Police (N.D. Ill. 2024).
People v. Ocampo, 2025 IL App (1st) 240491-U (Ill. App. Ct. 2025). “1, 2013); 720 ILCS 5/26.5-3 (West 2022). -8- No. 1-24-0491 the electronic harassment statute’s purpose is to prevent the personal invasion into people’s homes and lives by harassing communications via electronic devices.”
— 720 ILCS 5/26.5-3(a)(5) — 11 cases
People v. Gardner, 2024 IL App (4th) 230443 (Ill. App. Ct. 2024). “Defendant was later charged with one count of harassment through electronic communications (720 ILCS 5/26.5-3(a)(5) (West 2022)) for sending the threatening text messages to White.”
People v. Wilber, 2020 IL App (2d) 180024 (Ill. App. Ct. 2020). “Wilber, was convicted of two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). In this direct appeal, defendant contends that the trial court did not have jurisdiction to try, convict, or sentence him because there was an interlocutory…”
People v. Wilber, 2018 IL App (2d) 170328 (Ill. App. Ct. 2019). “Wilber, was charged by information with two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). The information alleged that defendant threatened injury to Carol Reinke and her family (count I) and to Clarence Reinke and his family (count…”
People v. Greenfield, 2021 IL App (1st) 190952-U (Ill. App. Ct. 2021). “¶2 Following a bench trial, defendant Jozette Greenfield was convicted of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2018)) and sentenced to 24 months’ probation and 20 hours of community service.”
People v. Wilber, 2018 IL App (2d) 170328 (Ill. App. Ct. 2018). “Wilber, was charged by information with two counts of harassment through electronic communication (720 ILCS 5/26.5-3(a)(5) (West 2016)). The information alleged that defendant threatened injury to Carol Reinke and her family (count I) and to Clarence Reinke and his family (count…”
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