Someone who harasses another through electronic communications may be guilty of a crime in Illinois. And every school district in Illinois must develop and maintain a policy prohibiting and addressing student-on-student bullying and cyberbullying.
This article discusses cyberbullying laws in Illinois. For information about cyberbullying in general, see Teen Cyberbullying and Harassment.
In Illinois, someone who uses an electronic device to harass another on at least two separate occasions commits the crime of cyberstalking. It is a class 4 felony under Illinois law to use an electronic communication to:
(720 Ill. Comp. Stat. § 5/12-7.5.)
Criminal cyberstalking in Illinois also occurs when someone creates and maintains a website that is accessible to one or more third parties for at least 24 hours and that:
(720 Ill. Comp. Stat. § 5/12-7.5.)
Illinois law defines "course of conduct" for purposes of the criminal cyberstalking law as two or more acts, including surveillance, threats, or harassing statements. (720 Ill. Comp. Stat. § 5/12-7.5.)
Illinois law defines "electronic communication" for purposes of the criminal cyberstalking law to include communication via cellphone, voicemail, email, text, and instant messaging, and any other type of computer communication. (720 Ill. Comp. Stat. § 5/12-7.5.)
Illinois law defines "harassment" for purposes of the criminal cyberstalking law as a knowing and willful course of conduct (two or more acts) directed at a specific person that "alarms, torments, or terrorizes" that person. (720 Ill. Comp. Stat. § 5/12-7.5.)
It is a Class A misdemeanor under Illinois law for anyone to interfere with a child's attendance at school. This offense includes interference by threats or harassment. (105 Ill. Comp. Stat. § 5/22-12.)
Cyberstalking is a Class 4 felony in Illinois. (720 Ill. Comp. Stat. § 5/12-7.5.) A person convicted of a Class 4 felony faces imprisonment of not less than one year and not more than three years, a fine of up to $25,000, or both. (730 Ill. Comp. Stat. § § 5/5-4.5-45, 5/5-4.5-50.)
Interference with a child's attendance at school through bullying is a Class A misdemeanor. (105 Ill. Comp. Stat. § 5/22-12.) A person convicted of a Class A misdemeanor in Illinois faces less than one year's imprisonment, a fine of up to $2,500, or both. (730 Ill. Comp. Stat. § 5/5-4.5-55.)
In Illinois, every public school district and each non-sectarian private elementary and secondary school must adopt and enforce an anti-bullying policy. The policy must prohibit bullying at school, including bullying through use of computers or other electronic communication devices. (105 Ill. Comp. Stat. § 5/27-23.7.) Schools must inform students and their parents or guardians of the policies on an annual basis.
Illinois encourages (and makes funds available for) schools to provide Internet safety education to students. (105 Ill. Comp. Stat. § 5/27-13.3.)
If you face criminal charges related to bullying, talk with an experienced criminal defense attorney. Only a knowledgeable lawyer can fully explain the law as it applies to your situation and give you proper legal advice.