Illinois Appellate Court
Criminal Court
Due Process
Defendant was convicted, after bench trial, of stalking and cyberstalkiing. Subsections (a)(1) and (a)(2) of the general stalking statute, and also subsections (a)(1) and (a)(2) of the cyberstalking statute, of which Defendant was convicted and sentenced, lack a mens rea requirement and are thus facially unconstitutional under due process clause of 14th Amendment. Thus, Defendant's convictions are vacated.(ROCHFORD and HOFFMAN, concurring.)