This case presents question as to whether subsection (a) of anti-stalking statute (720 ILCS 5/12-7.3(a)) is constitutional under circumstances where defendant was found guilty under said statute when defendant sent text messages and placed telephone calls to girlfriend. Appellate Court, although finding that “communicate to or about” portion of said statute was overbroad, ultimately concluded that defendant’s conviction could stand, where defendant’s messages to victim met definition of true threat and supported inference that he subjectively intended to express intent to commit act of unlawful violence. In his petition for leave to appeal, defendant argued that said statute’s knowingly or negligently threatening another language violated his 1st Amendment rights.
Illinois Supreme Court PLAs
Criminal Court
Anti-Stalking Statute