Harassment Laws in Illinois (2026): What You Need to Know

Illinois takes harassment very seriously. The state has strict laws to protect people from unwanted behavior. This guide explains what counts as harassment and what happens if you break these laws.

Harassment can happen anywhere – at work, school, home, or online. Knowing these laws helps you understand your rights and stay out of trouble.

What Is Harassment?

Harassment means doing things that upset or scare another person on purpose. In Illinois, harassment is any behavior that causes someone emotional distress.

The law says harassment is conduct that would make a reasonable person feel worried, anxious, or uncomfortable. It doesn’t have to be violent to count as harassment.

Common examples include making threats, sending unwanted messages, or following someone around. The behavior must be done on purpose to hurt or bother the other person.

Basic Harassment Laws

Criminal Harassment

Illinois law makes harassment a crime under 720 ILCS 5/26.5-2. This includes any conduct that:

• Causes emotional distress to another person
• Would make a reasonable person feel upset or worried
• Is done on purpose

The person doing the harassment must know their behavior would cause distress. They must also actually cause emotional distress to the victim.

Telephone Harassment

Making harassing phone calls is illegal under 720 ILCS 135/1-1. This includes:

• Making obscene or vulgar comments with intent to offend
• Threatening someone over the phone
• Calling repeatedly to annoy or alarm someone
• Making calls just to harass, even without talking

Phone companies must help police investigate harassment cases when asked.

Electronic and Digital Harassment

Harassment Through Electronic Communication

Using computers, phones, or social media to harass someone is against the law. This covers:

• Sending unwanted messages through text, email, or social media
• Making obscene comments online with intent to harass
• Interrupting someone’s electronic communications
• Preventing someone from using their phone or computer

Cyberstalking Laws

Illinois has specific laws about cyberstalking under 720 ILCS 5/12-7.5. A person commits cyberstalking when they use electronic communication to:

• Threaten immediate or future harm to someone
• Make someone fear for their safety
• Solicit others to commit crimes against the victim

Cyberstalking must happen at least two separate times to be a crime.

Stalking vs. Harassment

Basic Stalking

Stalking is more serious than harassment. It involves following or watching someone repeatedly. Under 720 ILCS 5/12-7.3, stalking happens when someone:

• Follows another person at least twice
• Engages in conduct that would make a reasonable person fear for their safety
• Causes the victim to suffer emotional distress

Aggravated Stalking

Aggravated stalking is the most serious form. It includes stalking plus:

• Causing bodily harm to the victim
• Confining or restraining the victim
• Violating a protective order

This carries much harsher penalties than basic stalking or harassment.

Penalties and Consequences

Misdemeanor Harassment

First-time harassment is usually a Class B misdemeanor. Penalties include:

• Up to 6 months in jail
• Fines up to $1,500
• Possible probation or community service

Second or repeat harassment becomes a Class A misdemeanor with:

• Up to 1 year in jail
• Fines up to $2,500

Felony Harassment

Harassment becomes a Class 4 felony if:

• The victim is under 13 and the offender is 16 or older
• The victim is under 18 and the offender is 18 or older
• The offender threatened to kill the victim
• The offender has 3 or more harassment convictions in 10 years

Class 4 felony penalties include:

• 1 to 3 years in prison (mandatory)
• Fines up to $25,000

Stalking Penalties

Basic stalking is a Class 4 felony with 1-3 years in prison. Second or repeat stalking becomes a Class 3 felony.

Aggravated stalking is a Class 3 felony for first offense. Repeat aggravated stalking is a Class 2 felony.

Special Circumstances

Workplace Harassment

Illinois requires all employers to provide sexual harassment training every year. This law (SB 75) covers all private employers in the state.

Workplace harassment can be both criminal and civil. Employers can be fined if they don’t prevent harassment properly.

Domestic Violence Harassment

Harassment between family members or household members may qualify for special protection orders. These cases often involve stronger penalties.

Hate Crimes

Harassment motivated by someone’s race, religion, gender, sexual orientation, or other protected traits is a hate crime. This carries enhanced penalties:

• Class 4 felony for first offense
• Class 3 felony if near schools
• Class 2 felony for repeat offenses

How to Get Protection

Orders of Protection

Victims can request protective orders from the court. Illinois has several types:

• Emergency orders (up to 21 days)
• Interim orders (up to 30 days)
• Plenary orders (up to 2 years, renewable)

These orders can require the harasser to:

• Stop all contact with the victim
• Stay away from the victim’s home, work, or school
• Surrender firearms
• Pay temporary support (in domestic cases)

Stalking No Contact Orders

For stalking victims who aren’t family members, stalking no contact orders provide similar protection. These don’t require a family relationship.

Civil No Contact Orders

Sexual assault victims can get civil no contact orders even if no criminal charges are filed.

How to Report Harassment

Criminal Harassment

Report criminal harassment to local police immediately. Provide:

• Documentation of the harassment (texts, emails, calls)
• Witness statements
• Any physical evidence
• Timeline of events

Keep records of all contact attempts by the harasser.

Workplace Harassment

Report workplace harassment to:

• Your supervisor or HR department
• The Illinois Department of Human Rights
• The Equal Employment Opportunity Commission (EEOC)

You have 2 years to file a complaint with the Illinois Department of Human Rights (extended from 300 days in 2025).

Online Harassment

Report cyberbullying and online harassment to:

• The platform where it occurred
• Local police
• The FBI’s Internet Crime Complaint Center (for serious cases)

Save screenshots and documentation before reporting.

Legal Defenses

Common Defenses

People accused of harassment might argue:

• Free speech protection (for non-threatening speech)
• Lack of intent to cause distress
• Mistaken identity
• Victim’s reaction was unreasonable
• Consent from the alleged victim

What Doesn’t Work

These are NOT valid defenses:

• “I was just joking”
• “I didn’t mean it that way”
• “They’re being too sensitive”
• “It was just one time” (for single severe incidents)

Frequently Asked Questions

Can one text message count as harassment?

Yes, if the message is threatening or very disturbing. However, most harassment requires repeated behavior or severe single incidents.

What’s the difference between harassment and stalking?

Harassment focuses on causing emotional distress. Stalking requires following or watching someone repeatedly and making them fear for their safety.

Can I be charged if the person never asked me to stop?

Yes. If a reasonable person would know the behavior is unwanted and distressing, you can still be charged even without a direct request to stop.

Does blocking someone online prevent harassment charges?

No. Continuing to contact someone through other accounts or methods after being blocked can actually strengthen a harassment case.

Can employers be held responsible for employee harassment?

Yes. Employers must take steps to prevent harassment and can be fined or sued if they fail to act on known harassment.

Final Thoughts

Illinois harassment laws exist to protect everyone’s safety and peace of mind. The penalties are serious because harassment can cause real harm to victims.

If you’re facing harassment, document everything and report it quickly. If you’re accused of harassment, get legal help immediately. These charges can affect your job, housing, and future opportunities.

Remember that what might seem like harmless behavior to you could be harassment to someone else. When in doubt, respect others’ boundaries and stop unwanted contact.

References

1. Illinois Compiled Statutes – Chapter 720 Criminal Offenses
2. Illinois Telephone Harassment Laws – 720 ILCS 135/1-1
3. Illinois Department of Human Rights
4. Illinois Attorney General – Orders of Protection
5. FindLaw – Illinois Stalking Laws
6. WomensLaw.org – Illinois Restraining Orders
7. Illinois Legal Aid – Protective Orders
8. 17th Judicial Circuit – Online Restraining Orders