Holmes measure updates prosecutors’ options to charge phone and electronic harassment offenders

SPRINGFIELD - In Illinois, law enforcement officers and prosecutors who charge suspects accused of harassment are seeing options to update the law to reflect today's technology. State Senator Linda Holmes filed legislation to reflect the realities of how offenses are being committed in present day.

"The means to harass someone continues to expand from phones to electronic devices, offering platforms on which to send demeaning, frightening messages," Holmes (D-Aurora) said. "Emails, social media, forums and gaming are being used by those intending to cause emotional distress to the recipient, so laws need to be amended to address each offense separately."

Senate Bill 2741 would define violations of either offense, whether the harassment is by telephone or through electronic communication. Making comments, suggestions or remarks intended to cause significant emotional distress or threats of injury to the recipient or any of their family or household members are violations. It includes transmitting to interrupt or prevent the victim from using their phone or electronic devices.

The legislation would incorporate the definition of harassment from the Illinois Domestic Violence Act, and would remove the requirement that content must be of a sexual nature. It uses the definition of cyberbullying as making any comment, request, suggestion or proposal that is obscene with the intent to offend.

"This abhorrent behavior victimizes children, triggering fear for their safety, or the safety of their family," said Holmes. "Insults and slurs create lasting emotional harm and may lead vulnerable young victims to consider ending their own lives. The technology won't go away, so the consequences must meet today's methods."

With the Senate Criminal Law Committee's approval, Senate Bill 2741 now heads to the full Senate for further consideration.

PHOTO: Kane County State's Attorney Jamie Mosser and Detective Rich Wistoki, who initiated SB 2741, testify on Holmes' bill in committee