"(a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:
(1) at any time transmits a threat to that person of immediate or future bodily harm, sexual assault, confinement or restraint; or
(2) places that person in reasonable apprehension of immediate or future bodily harm,
sexual assault, confinement or restraint.
(b) Sentence. Stalking is a Class 4 felony. A second or subsequent violation is a Class 3 felony.
(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute or any exercise of the right of free speech or assembly that is otherwise lawful.
(d) For the purpose of this Section, a defendant `places a person under surveillance' by remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant.
(e) For the purpose of this Section, "follows another person" means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person"does not include a following within the residence of the defendant.
(f) For the purposes of this Section and Section 12-7.4," bona fide labor dispute " means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
"(a ) A person commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order of protection, or an injunction prohibiting the behavior described in [750-60/214(b)(1)] of the Illinois Domestic Violence Act of 1986."
(b) Sentence. Aggravated stalking is a Class 3 felony. A second or subsequent conviction for aggravated stalking is a Class 2 felony.
(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.
(d) For purposes of this Section, "bona faide dispute" has the meaning ascribed to it in Section 12-7.3.
For restrictions on bail of a person charged with stalking, see Illinois Compiled Statutes, Chapter 725, Sections 5/110-4 and 5/110-6.3.