People v. Relerford

Illinois Supreme Court
Criminal Court
First Amendment
Citation
Case Number: 
2017 IL 121094
Decision Date: 
Thursday, November 30, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed.
Justice: 
FREEMAN

Defendant was convicted, after bench trial, of stalking and cyberstalking, and sentenced to 6 years. The terms of subsection (a) of the stalking and cyberstalking statutes violate the first amendment because they are overbroad, as they impermissibly infringe on the right to free speech. The statutes' proscription against "communications to or about" a personĀ are stricken. Defendant's convictions under those provisions cannot be sustained based on other conduct, and his convictions must be vacated.(KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)