The internet has simplified communication like never before- yet it has also blurred the lines between harmless online behavior and illegal activities. In Illinois, the regulations regarding cyberbullying and cyberstalking aim to safeguard people from online harassment, but they also impose significant repercussions on individuals accused of crossing the line. Understanding what qualifies as these offenses- and what defenses may apply- is essential for anyone navigating today’s digital world.

Defining Cyberbullying in Illinois

Cyberbullying typically involves the use of digital communication- such as social media, texting, emailing, or different online platforms- to torment, threaten, or embarrass someone else. Although Illinois law does not specifically mention “cyberbullying” in its criminal statutes, the actions it refers to may be categorized legally into several areas, including:

• Harassment through electronic communications (720 ILCS 5/26.5-2)
• Disorderly conduct
• Making threats against public officials or private individuals
• Transmission of obscene messages

According to Illinois law, electronic harassment occurs when a person uses any type of electronic communication to deliberately inflict emotional distress, threaten physical harm, or persistently reach out to someone after being instructed to cease.

Consequences for these infractions can vary from a Class B misdemeanor (which may result in a maximum for 6 months incarceration and a financial penalty) to a Class 4 felony if the actions include credible threats, individuals under 13, or habitual behavior. Illinois schools must legally respond to cyberbullying that impacts students, regardless of whether the actions take place off-campus.

Understanding Cyberstalking Under Illinois Law

Cyberstalking is viewed as a more intense and focused type of online harassment. Under 720 ILCS 5/12-7.5, an individual engages in cyberstalking when they utilize electronic means to:

• intimidate someone with physical injury, sexual violence, or imprisonment
• Continuously interact with or track someone online in a manner that makes them feel unsafe or experience emotional turmoil, or 
• Observe, follow, or keep watch on an individual without their permission, frequently utilizing GPS or similar technologies

In contrast to cyberbullying, cyberstalking generally consists of a repeated behavior and includes a sense of fear or intimidation.

In Illinois, cyberstalking is classified as a Class 4 felony, which may result in penalties ranging from one to three years of imprisonment and fines that can reach $25,000. If the defendant has a previous stalking conviction or breaches a protection order, the offense may escalate to a Class 3 felony- with even harsher penalties.

Protecting Yourself from Digital Harassment

Should you feel that you are experiencing harassment or threats online, Illinois law provides various options for protection, such as:

• Orders of Protection or Stalking No Contact Orders, which may limit the offender’s ability to reach you through digital means or face-to-face
• Mechanisms for reporting via social media platforms, which are mandated by law to help eliminate harmful content or retain evidence
• Engagement of police, especially if threats worsen or involve minors

Keeping records- screenshots, texts, emails, and timestamps- is essential when submitting a report or requesting an order of protection.

When You’re the One Accused

False accusations or misunderstandings can happen quickly in digital spaces. A heated online discussion, shared meme, or ongoing messaging efforts can be misinterpreted and result in legal accusations. Unfortunately, when law enforcement gets involved, even small incidents can spiral into formal charges.

If someone accuses you of cyberbullying or cyberstalking, avoid reaching out the supposed victim or erasing digital evidence. Both actions could worsen your situation. Instead, reach out to a criminal defense lawyer right away to comprehend your rights, examine the evidence, and decide on the best course of action.

Overall, the increase in digital communication is causing Illinois courts to encounter more cases that intersect personal disputes with criminal activities. Whether you’re looking for safeguards against harassment or defending against allegations of online misconduct, understanding the law is your first line of defense.

For those charged with violating digital boundaries, seasoned defense attorneys like Brian Hiatt highlight the significance of reacting promptly and thoughtfully. In a reality where one post or message can lead to legal consequences, informed action- not reaction- is key.

Take advantage of a free consultation by calling 815-304-5441 or contact Brian through email.