People v. Morocho

Defendant was convicted, after bench trial, of aggravated stalking. Section 12-7.3(a)(2) of the Stalking Statute, which provides that a person commits stalking when he or she "threatens" a specific person 2 or more times, and knows or should know the threats would cause a reasonable person to suffer emotional distress, is overbroad on its face unconstitutional. That subsection lacks any requirement that a person threaten an act of unlawful violence, and as written, a person who "threatens" to commit a lawful act, or an act which is not violent, may be prosecuted.(MIKVA and PIERCE, concurring.)