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People v. SUCIC, 928 N.E.2d 1231 (Ill. App. Ct. 2010)
Appellate Court of Illinois
Filed: May 19th, 2010
Precedential Status: Precedential
Citations: 928 N.E.2d 1231
Docket Number: 1-08-0371
Judges: Quinn

928 N.E.2d 1231 (2010)
The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Zlatan SUCIC, Defendant-Appellant.

No. 1-08-0371.
Appellate Court of Illinois, First District, Third Division.

May 19, 2010.
Rehearing Denied June 14, 2010.
*1234 Michael J. Pelletier, State Appellate Defender, Chicago (Deputy Defender Patricia Unsinn and Assistant Appellate Defender Emily R. Atwood, of counsel), for Appellant.

Anita Alvarez, State's Attorney of Cook County, Chicago (Assistant State's Attorney's Alan Spellberg, Annette N. Collins and Susan Schierl Sullivan, of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

Following a bench trial, defendant Zlatan Sucic was convicted of cyberstalking, harassment through electronic communication, and stalking. Defendant was sentenced to concurrent terms of three years in prison for each count. On appeal, defendant contends that: (1) the cyberstalking statute (720 ILCS 5/2-7.5(a)(1) (West 2008)) violated his first amendment right to free speech and is unconstitutionally overbroad and vague; (2) his convictions for cyberstalking and harassment through electronic communication violate the one-act, one-crime rule; (3) the State failed to prove him guilty beyond a reasonable doubt of cyberstalking, harassment *1235 through electronic communication, and stalking; and (4) his case should be remanded for a proper inquiry into his pro se allegations of ineffective assistance of counsel, as required by People v. Krankel, 102 Ill. 2d 181, 80 Ill. Dec. 62, 464 N.E.2d 1045 (1984). For the following reasons, we affirm in part and vacate in part.

I. BACKGROUND

At trial, Heather Stern testified that she is 35 years old and lives with her 6-year-old son, who is autistic, in an apartment in Park Ridge, Illinois. In spring 2006, Stern's home flooded and she sought temporary housing while she was involved in negotiations with her insurance company. Stern testified that she met defendant, a 43-year-old Serbian immigrant, through an online roommate matching service. Stern testified that although she did not become roommates with defendant, she maintained a friendship with defendant and met him on a monthly basis for coffee. Stern explained that she was interested in learning more of the Serbian language and defendant wanted to improve his English.

In July 2006, defendant and several other people helped Stern and her son move into a new apartment in Park Ridge, Illinois. Stern testified that, around that same time, she began working for defendant's granite business. Stern testified that she worked from home and performed general office work for defendant, including contacting clients, customer service, and bookkeeping. Defendant began staying overnight periodically at Stern's apartment while he was looking for a new apartment. Defendant did not have a key to Stern's apartment, but since Stern worked from home and had her son, she was usually home. At the time, defendant and Stern's son had a close relationship. Stern testified that defendant was supposed to pay her rent in addition to her salary. Stern testified that defendant often paid her in cash and would alternatively designate it as rent or pay, but still be behind on both. Stern testified that as a result, she and defendant argued about his payments and she ultimately quit working for defendant in November or December 2006.

Stern also testified that defendant's behavior changed in the summer of 2006. Stern testified that when she first met defendant "[h]e was very much a gentlemen." Stern testified that defendant became "pushy," "didn't respect boundaries," and "wasn't predictable." Stern testified that she informed defendant that she was not interested in a romantic relationship with him, but defendant "wouldn't take no for an answer." Stern testified, "[Defendant] had beliefs about how women should be * * * and I didn't understand them and my refusal to agree with them was met with * * * you're a bitch or you are stuck up or * * * it makes you a slut, you must want to sleep with other men if you don't want to commit to me." Stern testified that she "wasn't comfortable with how [defendant] was dealing with the business or the personal relationship" and defendant stopped staying at her apartment on October 17 or October 18, 2006.

Stern testified that during the early morning hours on January 27, 2007, she was asleep on the couch in her living room when she heard a "jingling noise" from the back door handle "as if someone were attempting to open it." Stern testified that she became alarmed because no one ever used the back door and her son was asleep in his bedroom. Stern testified that she could not find her cellular phone, so she got a knife from the kitchen and ran to the back door. Stern testified that she *1236 slammed her weight against the back door and locked it as defendant was trying to open the door. Stern testified that defendant began screaming expletives at her, calling her a "bitch" and asking her, "Why are you doing this?" Stern testified that she "just freaked out" and did not call the police immediately because she "knew" defendant. Stern subsequently made a police report.

Stern testified that after the January 27, 2007 incident, defendant continued to leave her voice mail messages and send her e-mails. On February 19, 2006, Stern discovered that someone had deflated the tires on her car.

Stern testified that on March 13, 2007, she received a number of e-mails and voice mail messages from defendant. Stern identified People's exhibit 2, as an e-mail that defendant sent to her on March 13, 2007, at 1:57 a.m., which was part in English and part in Serbian.[1] The parties stipulated to translations into English from Serbian made by an official Serbian translator, Ivanka Kailovski. The subject of the e-mail was in Serbian and translated as "Lamb and its father=ME." The e-mail stated:

"MOLIM TE RAZMISLI STA RADIS
KADA DODJEM U PROBLEM, WITH FUTURE (BUDUCE VREME, FUTURE)
JA CU DA SE UBIJEM
(MY LIFE WILL VANISH) OR I WILL DO A SUACIDE [sic]
and ... I TEBE VODIM SA SOBOM = MEANS `I WILL END MY LIFE AND I AM TAKEING [sic] you with me
[OR]
I'LL GIVE YOU AN OFFER!
IN ORDER NOT TO REPORT YOU TO STATE FARM, CALLING FEDS ON INSURANCE FRAUD, AS A CON, WHICH IS FEDERAL OFFENSE, AND NO BOND, MONEY, BROTHER, CAN SAVE YOU FROM JAIL, MEANING 5 YEARS MIN., I'LL GIVE YOU AN OPTION, CONTRACT
SO CONTACT ME AS SOON AS POSSIBLE
THANK YOU
EYE FOR EYE, NOW THERE IS NO MOMENT FOR MERCY
YOU DID NOT HAD [sic] FOR ME
LET ME SHOW YOU WHO IS THE MAN"
The parties stipulated that the interpreter would testify that "the initial Serbian written on the email says please think what you are doing. When I am in a problem in the future, I will commit suicide, my life will vanish or I will do suicide and I will take you with me."

Stern next identified People's exhibit 4, a compact disc containing recordings of eight voice mail messages left by defendant on Stern's phone. These voice mails included a message left on March 13, 2007, at 2:57 a.m., after defendant sent the e-mail contained in People's exhibit 2, in which defendant asked Stern, inter alia, to read his e-mail, acknowledged deflating Stern's car tires, and indicated that Stern *1237 "should call [him] back * * * for [her] sake." Defendant stated that "a person [who] is being destroyed * * * should get even" and "if I get even, I get even big time, trust me." Defendant further stated that "this is your choice, you and me together or this * * * insurance fraud" and that he "would not have done this unless it was in a matter of love."

Stern next identified People's exhibit 5, which was a second e-mail that defendant sent to her on March 13, 2007, at 3:31 a.m. In this e-mail, defendant threatened to report Stern for insurance fraud unless she agreed to marry him. The e-mail then stated, in relevant part:

"YOU KILLED MY HEART, I WILL GET EVEN
* * *
DEAL IS ME OR YOU KNOW ... TRY ME
I AM SO DESPERATE I DO NOT MIND DYING AS OF NOW
TRY ME KILLER"
Stern testified that after receiving the second e-mail, defendant left her another phone voice mail message on March 13, 2007, at 4:09 a.m. The State introduced this voice mail message as People's Exhibit 6, in which defendant directed Stern to check her e-mail and stated, inter alia, "I'm dead. I'm a dead person without you and [your son]. So, I will take you with me. * * * I need you with me * * * in heaven, okay?"

Stern testified that defendant's voice mail messages, e-mails, and the January 27, 2007 attempted break-in made her feel "scared" and she "very much so" felt threatened. Stern testified that from defendant's voice mail messages and e-mails, she surmised that defendant took her receipts that she had submitted to her insurance company when her home had flooded and that defendant was going to claim that the receipts were fraudulent.

Stern's neighbors, Jennifer Uslais and Jim Dobrowski, testified that on February 19, 2007, at about 8:30 p.m., they heard noises in the hallway of their apartment building. Uslais testified that she saw defendant in the hallway between her apartment door and Stern's apartment door directly across the hall. Defendant told Uslais that "he wanted to talk to [her] about [her] neighbor" and asked her to come out to the hallway to talk to him. Uslais declined and told defendant that if he did not leave, she would call the police. About an hour later, Dobrowski testified that defendant returned and Dobrowski observed him "caress" Stern's door knob and door frame. Dobrowski testified that he thought defendant was trying to break into Stern's apartment and Dobrowski directed Uslais to call the police. Dobrowski went into the hallway with his samurai sword and told defendant to leave the apartment building. Defendant responded that Stern was "doing some kind of witchcraft." Dobrowski testified that defendant finally left the building and the police arrived shortly thereafter.

Defendant testified that he met Stern through a roommate matching service and met her for coffee on two occasions. In July 2006, defendant helped Stern move into a new apartment and, about a week later, they began a sexual relationship. Defendant testified that Stern became pregnant in October 2006, but miscarried in November 2006. Defendant testified that Stern then asked him to have a vasectomy because she did not want to have any more children. Defendant testified that *1238 throughout the summer and fall of 2006, he stayed in Stern's apartment but did not have a key to the apartment. Defendant testified that he became friends with Stern's son, who is autistic, and that he had special abilities to deal with autistic children from his previous employment transporting children to special schools. Defendant testified that during this time, he gave Stern the passwords to his e-mail accounts. Defendant testified that he moved out of Stern's apartment in December 2006. Defendant acknowledged that he had a laptop computer that "was always with him" and to which Stern had no access after he moved out.

Defendant initially testified that Stern could have "manipulated" the e-mails in question, but defendant testified that he recognized the e-mails and voice mail messages that he sent Stern on March 13, 2007. Defendant testified that he was "just depressed" at the time and that he was "being used for money." Defendant testified that his statement that he was going to kill himself and take Stern with him was "just spiritual" and "a figure of speech." Defendant testified that at the time his "heart was broken" and he had no intention of killing himself or Stern. Defendant testified that his statement that Stern killed his heart and that he would get even meant that "she would be alone." Defendant testified, "It doesn't mean to kill as you claim * * *. Killing heart is a spiritual thing." Defendant testified that when he stated that he would kill "every spirit that messes with my spirit" he meant it in an emotional way but may have expressed himself the wrong way because English was not his native language. Defendant testified that his statements regarding the "insurance fraud" related to the fact that after he moved of Stern's apartment, he discovered his receipts had been reorganized into Stern's own files. As a result, defendant believed Stern was using his receipts for claims on her insurance. Defendant testified that Stern had offered to marry him on December 15, 2006 "under certain conditions" and that his message to Stern was promising "to come through as she requested." Defendant also testified that if Stern did not marry him, he threatened to turn her in for the alleged insurance fraud. Defendant testified that he was heartbroken about her breaking up with him and threatened to turn Stern in, but maintained, "I have done nothing."

During cross-examination, defendant acknowledged that he did not have a Serbian interpreter at trial and was not in fear of being misunderstood during his testimony. Defendant testified that he has been in this country for 14 years, had a construction business that was fairly successful, and also had helped children with disabilities and spoke English to them.

Following closing arguments, defendant was found guilty of cyberstalking, harassment through electronic communication, and stalking. The trial court rejected defendant's defense that his statements were not intended to be threats directed at Stern. The court found:

"[Defendant's] intent can be nothing other than that he was trying to impose his will on Ms. Stern and he says his will is he either wants her to marry him and become a family or he wants her to go to prison or he wants her dead. Those are the choices that she has.
And the fact that she doesn't want to marry him is something that angers him. * * * [H]is idea of love is if I can't have you, then either I am going to kill myself and take you with me or I am *1239 going to make sure you go to prison. There's nothing in any of those communications that can be misconstrued.
The defendant wants me to believe that this is some sort of poetic license that when he says I am going to kill myself and take you with me that he is meaning something spiritual. I don't believe there's anything spiritual here. I think that the only purpose of him going on this assault, this attack during the night of March 13 was to threaten, to upset, was to intimidate, was to attack Ms. Stern.
You tried to force your way into her apartment. That was not successful. * * * What you did was nothing short of trying to terrorize this woman. * * * This is exactly why the cyberstalking and stalking laws were created for people like you. You wanted to terrorize her."
Defendant was subsequently sentenced to concurrent terms of three years in prison on each count. Defendant now appeals.

II. ANALYSIS

We begin our analysis with the pertinent statute. The cyberstalking statute in effect at the time defendant was charged provided:

"(a) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:
(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or
(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint[.]
* * *
(b) As used in this Section:
`Harass' means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.
`Electronic communication' means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. `Electronic communication' includes transmissions by a computer through the Internet to another computer.
(c) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony." 720 ILCS 5/12-7.5 (West 2008).
The cyberstalking statute has been amended since defendant was charged and convicted. The most recent amendment became effective January 1, 2010 (see Pub. Act 96-686, § 5, eff. Jan. 1, 2010). In this appeal, however, we are called upon to only consider the constitutionality of the statute in effect at the time defendant was charged and convicted.

A. Overbreadth

Defendant first contends that the cyberstalking statute is unconstitutionally overbroad because it criminalizes "a substantial amount of expression, much of which is protected by the First Amendment." To demonstrate, defendant sets forth several hypothetical situations in which he contends *1240 that the statute proscribes innocent conduct, such as when a threatening e-mail is sent with both parties knowing it is a practical joke. The State responds that the statute is not overbroad where it does not proscribe constitutionally protected speech and is, thus, constitutional.

We review constitutional challenges to a statute de novo. People v. Greco, 204 Ill. 2d 400, 407, 274 Ill. Dec. 73, 790 N.E.2d 846 (2003). The doctrine of overbreadth "is designed to protect first amendment freedom of expression from laws written so broadly that the fear of punishment might discourage people from taking advantage of the freedom." People v. Bailey, 167 Ill. 2d 210, 226, 212 Ill. Dec. 608, 657 N.E.2d 953 (1995). The doctrine is used sparingly, and in order for a statute to be invalidated for overbreadth, its overbreadth "`must not only be real, but substantial as well.'" Bailey, 167 Ill.2d at 226, 212 Ill. Dec. 608, 657 N.E.2d 953, quoting Broadrick v. Oklahoma, 413 U.S. 601, 615, 93 S. Ct. 2908, 2918,  37 L. Ed. 2d 830, 842 (1973).

In addressing a facial overbreadth challenge, the first task is to determine whether the statute reaches constitutionally protected speech, as defendant contends. See Bailey, 167 Ill.2d at 226, 212 Ill. Dec. 608, 657 N.E.2d 953. In viewing the cyberstalking statute, we find that defendant's facial overbreadth argument fails because the cyberstalking statute does not impinge on any constitutionally protected right of free speech.

For defendant to be convicted of cyberstalking, the State must prove that defendant "knowingly and without lawful justification" harassed the victim by transmitting "a threat of immediate or future bodily harm, sexual assault, confinement, or restraint." 720 ILCS 5/12-7.5 (West 2008). The State must also prove that defendant transmitted such a threat on at least two separate occasions. 720 ILCS 5/12-7.5 (West 2008). It is clear that the statute was intended to only punish speech performed without lawful authority.

In Bailey, our supreme court rejected the defendant's argument that the stalking statute (720 ILCS 5/12-7.3 (West 1992)) was unconstitutionally overbroad because it reached speech protected by the first amendment. Bailey, 167 Ill.2d at 227-28, 212 Ill. Dec. 608, 657 N.E.2d 953. In Bailey, the stalking statute at issue provided:

"(a) A person commits stalking when he or she transmits to another person a threat with the intent to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint, and in furtherance of the threat knowingly does any one or more of the following acts on at least 2 separate occasions:
(1) follows the person, other than within the residence of the defendant;
(2) places the person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant." 720 ILCS 5/12-7.3 (West 1992).
In upholding the statute, our supreme court explained, "For defendant to be convicted of stalking, the State must prove that defendant threatened the victim `with the intent to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint.' In furtherance of the threat, the State must also prove that defendant followed *1241 the victim or placed the victim under surveillance on at least two separate occasions. Moreover, as previously explained, the statute was intended to only punish that conduct performed without lawful authority." Bailey, 167 Ill.2d at 226-27,  212 Ill. Dec. 608, 657 N.E.2d 953. Our supreme court noted that while the offense of stalking contained an element of speech, that speech was not constitutionally protected. The court explained, "`Where speech is an integral part of unlawful conduct, it has no constitutional protection.'" Bailey, 167 Ill.2d at 227, 212 Ill. Dec. 608, 657 N.E.2d 953, quoting Chicago Real Estate Board v. City of Chicago, 36 Ill. 2d 530, 552-53, 224 N.E.2d 793 (1967).

Here, defendant argues that, unlike the stalking statute in Bailey, the cyberstalking statute does not require any overt action such as following the victim or placing the victim under surveillance in addition to a threat. As a result, defendant maintains that the cyberstalking statute criminalizes speech alone and is thus unconstitutionally overbroad.

However, defendant misunderstands our supreme court's analysis in Bailey. In Bailey, our supreme court did not hold that a physical act in addition to a threat was a prerequisite to survive an overbreadth challenge. Rather, the court explained:

"The element of a threat in the stalking statute is an integral part of the offense. The offense cannot be committed without the initiation of the threat because the following and surveillance requirements can only be met after a threat has been made. We therefore conclude that the element of speech in the stalking statute is not constitutionally protected. Moreover, because the statute only encompasses activities performed without lawful authority, we find that it does not implicate any other constitutionally protected activity." Bailey, 167 Ill.2d at 227-28, 212 Ill. Dec. 608, 657 N.E.2d 953.
In this case, the element of a threat is also an integral part of the offense of cyberstalking. Therefore, the element of speech in the cyberstalking statute, the threat, does not fall within the protections of the first amendment. In addition, our supreme court noted that the legislature's intent in enacting statutes, such as the stalking statute, was "to prevent violent attacks by allowing the police to act before the victim was actually injured and to prevent the terror produced by harassing actions." Bailey, 167 Ill.2d at 224, 212 Ill. Dec. 608, 657 N.E.2d 953. Our supreme court explained, "By construing the statutes to proscribe only conduct performed `without lawful authority,' the possibility that the statutes reach innocent conduct is also avoided. Bailey, 167 Ill.2d at 224-25,  212 Ill. Dec. 608, 657 N.E.2d 953.

Further, defendant's hypothetical scenarios, i.e. a threatening e-mail sent as a practical joke or common hyperbole, are not reasonable demonstrations of constitutionally protected conduct punishable by the statute. The punishable behavior is narrowed by the elements of the cyberstalking statute, such that the defendant must "knowingly and without lawful justification" specifically intend to "haras[s]" the victim by transmitting the threat. 720 ILCS 5/12-7.5 (West 2008). Accordingly, no first amendment concerns are at issue here and the statute is not void for overbreadth.

Defendant, nonetheless, argues that the cyberstalking statute as applied to this case violated his right to free speech because he did not intend his statements *1242 to be "true threats," which are excluded from first amendment protection. The State correctly notes that defendant's "as applied" argument does not present a viable facial challenge that would result in the wholesale striking of the cyberstalking statute as unconstitutional. Rather, if defendant were to establish that his statements did not constitute true "threats" within the meaning of the statute, the appropriate remedy would be to vacate his sentence and conviction for cyberstalking. See Watts v. United States, 394 U.S. 705, 708, 89 S. Ct. 1399, 1401, 22 L. Ed. 2d 664, 667 (1969) (statute prohibiting threats against President of the United States was constitutional on its face; however, the defendant's political hyperbole did not fit within the statutory term "true threat" and the defendant was to be acquitted).

Defendant relies on Virginia v. Black, 538 U.S. 343, 359-60, 123 S. Ct. 1536, 1548, 155 L. Ed. 2d 535, 552 (2003), in support of his argument that a subjective approach should be applied to determine whether his statements amounted to "true threats."

In Black, the United States Supreme Court considered the constitutionality of a Virginia statute making it a criminal offense to burn a cross with intent to intimidate. The Court invalidated the statute on first amendment grounds, but the justices were divided on the rationale. Black, 538 U.S. at 366-67, 123 S.Ct. at 1551-52, 155 L.Ed.2d at 556-57. For our purposes, here, the plurality noted that the first amendment does not preclude restrictions on certain categories of speech having little or no social value, and threats are one such category. The plurality offered a new definition of true threats:

"`True threats' encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. [Citations.] The speaker need not actually intend to carry out the threat. Rather, a prohibition on true threats `protects individuals from the fear of violence' and `from the disruption that fear engenders,' in addition to protecting people `from the possibility that the threatened violence will occur.' [Citation.] Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death." Black, 538 U.S. at 359-60, 123 S.Ct. at 1548, 155 L.Ed.2d at 551-52.
Defendant notes that some federal courts have held that a "statement qualifies as a true threat only if the speaker subjectively intended it as a threat." United States v. Parr, 545 F.3d 491, 499 (7th Cir.2008), citing United States v. Magleby, 420 F.3d 1136 (10th Cir.2005), United States v. Cassel, 408 F.3d 622, 631 (9th Cir.2005). However, not all courts have agreed that Black changed the test for true threats. See, e.g., Porter v. Ascension Parish School Board, 393 F.3d 608, 616 (5th Cir. 2004) (interpreting Black to require only that the speaker knowingly made the statement, not subjectively intended it as a threat).

This court has previously found that the term "threat" implies that the threatening expression has "`a reasonable tendency to create apprehension that its originator will act according to its tenor.'" People v. Zamudio, 293 Ill.App.3d 976, 983, 228 Ill. Dec. 382, 689 N.E.2d 254 (1997), quoting, People v. Maldonado, 247 Ill.App.3d 149, 153-54, 187 Ill. Dec. 28, 617 N.E.2d 236 *1243 (1993). However, this court need not resolve whether the Supreme Court in Black intended to add a subjective intent requirement to the test for true threats in order to address the constitutionality of the cyberstalking statute. As previously discussed, the statute was intended to only punish conduct performed "knowingly and without lawful justification." 720 ILCS 5/12-7.5 (West 2008). The State must prove that defendant engaged in such conduct or speech that was not constitutionally protected. As discussed later in addressing defendant's challenge to the sufficiency of the evidence, defendant placed his subjective intent at issue by arguing that his statements were merely "spiritual" in nature rather than threats. The trial court, as trier of fact, rejected defendant's argument and determined that his statements were clear threats directed at the victim. Moreover, while defendant asserts that he did not intend to actually harm the victim, the Supreme Court explained in Black, defendant "need not actually intend to carry out the threat." Black, 538 U.S. at 359-60, 123 S.Ct. at 1548, 155 L.Ed.2d at 551-52. Defendant's statements in this case clearly fit within the "true threat" requirement of the cyberstalking statute.

B. Vagueness

Defendant additionally argues that the cyberstalking statute is unconstitutionally vague on its face. "[A] statute is void for vagueness if it reaches a substantial amount of constitutionally protected conduct." City of Chicago v. Pooh Bah Enterprises, Inc., 224 Ill. 2d 390, 442, 309 Ill. Dec. 770,  865 N.E.2d 133 (2006). To prevail on a vagueness challenge, the challenger must demonstrate that: (1) a person of ordinary intelligence would not have a reasonable opportunity to understand what conduct the statute prohibits; or (2) the statute authorizes or encourages arbitrary enforcement. Hill v. Colorado, 530 U.S. 703, 732, 120 S. Ct. 2480, 2498, 147 L. Ed. 2d 597, 621 (2000).

We find that defendant failed to demonstrate that the cyberstalking statute is vague. Because the analyses for facial overbreadth and vagueness challenges are akin and we previously determined in his overbreadth challenge that defendant failed to demonstrate that the cyberstalking statute punished a substantial amount of protected speech, defendant also cannot present a successful vagueness argument. See People v. Butler, 375 Ill.App.3d 269, 273,  313 Ill. Dec. 856, 873 N.E.2d 480 (2007) (holding the Illinois witness harassment statute was not unconstitutionally overbroad or vague on its face).

Nevertheless, we also find that defendant cannot demonstrate that the cyberstalking statute fails to provide citizens with adequate notice or leads to arbitrary enforcement. Specifically, defendant asserts that citizens are not apprised of the prohibited conduct and arbitrary enforcement results where the legislature did not precisely define a standard by which to judge "emotional distress" or "mental anguish" caused by a statement that "alarms, torments, or terrorizes" the victim. See 720 ILCS 5/12-7.5 (West 2008). Defendant relies on Coates v. City of Cincinnati, 402 U.S. 611, 91 S. Ct. 1686, 29 L. Ed. 2d 214 (1971), in support of his argument. However, the present case is distinguishable.

In Coates, the United States Supreme Court held that a statute criminalizing situations where three or more people annoyed any police officer or passerby while standing on a sidewalk or street corner was unconstitutionally vague because the *1244 proscribed conduct, annoying an officer or passerby, without more amounted to "no standard of conduct * * * specified at all." Coates, 402 U.S. at 614, 91 S.Ct. at 1688, 29 L.Ed.2d at 217. In contrast, the scope of punishable conduct under the instant statute is limited by the individual's specified intent to "haras[s]" by communicating a "threat" so as to "engage in a knowing and willful course of conduct" directed at the victim that "alarms, torments, or terrorizes" the victim. See 720 ILCS 5/12-7.5 (West 2008). While the legislature framed the prohibited result in general terms of causing alarm, torment or terror, it is well settled that "`"[i]mpossible standards of specificity * * * are not required."'" Butler, 375 Ill.App.3d at 274, 313 Ill. Dec. 856, 873 N.E.2d 480, quoting People v. Parkins, 77 Ill. 2d 253, 256,  32 Ill. Dec. 909, 396 N.E.2d 22 (1979), quoting People v. Schwartz, 64 Ill. 2d 275, 280, 1 Ill. Dec. 8, 356 N.E.2d 8 (1976). We determine that application of the ordinary meaning of the statutory language and recognition of the evil the statute intends to prevent, i.e., to prevent violent attacks by allowing the police to act before the victim is actually injured and to prevent the terror produced by harassing actions (see Bailey, 167 Ill.2d at 224,  212 Ill. Dec. 608, 657 N.E.2d 953), provides adequate notice and prevents arbitrary enforcement. See Butler, 375 Ill.App.3d at 274,  313 Ill. Dec. 856, 873 N.E.2d 480. Accordingly, we conclude that the cyberstalking statute is not unconstitutionally vague on its face.

C. One-Act, One-Crime Rule

Defendant next argues that this court should vacate his conviction for harassment through electronic communication where that conviction was based on the same act used to support his conviction for cyberstalking, in violation of the one-act, one-crime rule announced in People v. King, 66 Ill. 2d 551,  6 Ill. Dec. 891, 363 N.E.2d 838 (1977).

In King, the supreme court stated:

"Prejudice results to the defendant only in those instances where more than one offense is carved from the same physical act. Prejudice, with regard to multiple acts, exists only when the defendant is convicted of more than one offense, some of which are, by definition, lesser included offenses. Multiple convictions and concurrent sentences should be permitted in all other cases where a defendant has committed several acts, despite the interrelationship of those acts. `Act,' when used in this sense, is intended to mean any overt or outward manifestation which will support a different offense. We hold, therefore, that when more than one offense arises from a series of incidental or closely related acts and the offenses are not, by definition, lesser included offenses, convictions with concurrent sentences can be entered." King, 66 Ill.2d at 566,  6 Ill. Dec. 891, 363 N.E.2d 838.
The King case was reaffirmed and clarified by our supreme court in People v. Rodriguez, 169 Ill. 2d 183, 214 Ill. Dec. 451, 661 N.E.2d 305 (1996). In Rodriguez, the court noted that, under King, a court first must determine whether a defendant's conduct consists of one act or several acts. Multiple convictions are improper if they are based on precisely the same physical act. If the defendant's conduct is based on more than one physical act, a court must then determine whether any of the offenses are lesser-included offenses. If they are, then multiple convictions are improper. Rodriguez, 169 Ill.2d at 186,  214 Ill. Dec. 451, 661 N.E.2d 305. The court held that convictions for both aggravated *1245 criminal sexual assault and home invasion were proper where the defendant committed multiple acts, despite the interrelationship of those acts. Rodriguez, 169 Ill.2d at 189, 214 Ill. Dec. 451,  661 N.E.2d 305.

In People v. Artis, 232 Ill. 2d 156, 168, 327 Ill. Dec. 556, 902 N.E.2d 677 (2009), our supreme court held that it would not abandon the one-act, one-crime rule announced in King. In so doing, the court noted that it has found a one-act, one-crime violation to qualify for review under the second prong of the plain-error rule. Artis, 232 Ill.2d at 165-66, 327 Ill. Dec. 556, 902 N.E.2d 677. The court explained:

"Under that portion of the rule, a court may disregard forfeiture where a clear or obvious error occurs and that error is so serious that it affected the fairness of the defendant's trial and challenged the integrity of the judicial process. [Citation.] The second prong of the plain-error rule is `invoked only in those exceptional circumstances where, despite the absence of objection, application of the rule is necessary to preserve the integrity and reputation of the judicial process.'" Artis, 232 Ill.2d at 165-66, 327 Ill. Dec. 556, 902 N.E.2d 677, quoting People v. Harvey, 211 Ill. 2d 368, 387,  286 Ill. Dec. 124, 813 N.E.2d 181 (2004).
Recently, in People v. Nunez, 236 Ill. 2d 488, 338 Ill. Dec. 877, 925 N.E.2d 1083 (2010), our supreme court, citing Artis, held that "forfeited one-act, one-crime arguments are properly reviewed under the second prong of the plain-error rule because they implicate the integrity of the judicial process."

Accordingly, while defendant in this case forfeited his one-act, one-crime argument for review by failing to object or include the issue in a posttrial motion, we will consider defendant's argument under the plain-error rule.

Defendant was charged and convicted of cyberstalking (720 ILCS 5/12-7.5(a)(1) (West 2008)), a Class 3 offense, based on two e-mails sent to the victim on March 13, 2007, containing the threats "that he will kill himself and take her with him" and "that the victim killed his heart and he will get even." Defendant was also charged and convicted of harassment through electronic communication (720 ILCS 135/1-2(a)(4) (West 2008)), a Class 4 offense, based on the e-mail sent to the victim containing the threat "that he will kill himself and take her with him." There is no separate act in this case. In one instance the e-mail threatening to "kill himself and take [the victim] with him" is combined with a second e-mail to constitute cyberstalking, and in the other it is the same e-mail threatening to "kill himself and take [the victim] with him" to create a separate offense of harassment through electronic communication. We hold that the one-act, one-crime rule applies to these convictions. Therefore, the separate conviction for harassment through electronic communication is reversed and the sentence vacated.

D. Sufficiency of the Evidence

Defendant also argues that the State failed to prove him guilty of cyberstalking and stalking beyond a reasonable doubt.[2]

When reviewing the sufficiency of the evidence, this court must determine *1246 "`"whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Emphasis in original.)' [Citations.]" People v. Cardamone, 232 Ill. 2d 504, 511, 328 Ill. Dec. 917, 905 N.E.2d 806 (2009). It is not this court's function to retry the defendant or substitute our judgment for that of the trier of fact. People v. Evans, 209 Ill. 2d 194, 211, 283 Ill. Dec. 651, 808 N.E.2d 939 (2004). Rather, the trier of fact assesses the credibility of the witnesses, determines the appropriate weight of the testimony and resolves conflicts or inconsistencies in the evidence. Evans, 209 Ill.2d at 211, 283 Ill. Dec. 651, 808 N.E.2d 939. In order to overturn the trial court's judgment, the evidence must be so improbable or unsatisfactory as to raise a reasonable doubt as to the defendant's guilt. People v. Graham, 392 Ill.App.3d 1001, 1009, 331 Ill. Dec. 507,  910 N.E.2d 1263 (2009).

To be convicted of cyberstalking, the State must prove that the defendant, on at least two separate occasions, harassed the victim through the use of electronic communication by transmitting "a threat of immediate or future bodily harm." The cyberstalking statute defines harassment as a "knowing and willful course of conduct" that "alarms, torments, or terrorizes" the victim. 720 ILCS 5/12-7.5 (West 2008). Defendant contends that the State failed to prove that defendant's statements included two instances of threats of either future or immediate bodily harm and that the victim was alarmed, tormented, or terrorized where she did not immediately call police after receiving the e-mails from defendant.

Viewing the evidence in the light most favorable to the State, we find that the State satisfied its burden. The evidence at trial established that on March 13, 2007 at 1:57 a.m., defendant sent the victim an e-mail in which, inter alia, defendant stated "I will commit suicide, my life will vanish or I will do suicide and I will take you with me." Defendant sent the victim a second e-mail at 3:31 a.m., stating, "You killed my heart, I will get even," "I am so desperate I do not mind dying as of now," "Try me." The e-mail ended with the word "Killer." The State also presented evidence that defendant left the victim several voice mail phone messages in which defendant, inter alia, directed the victim to check her e-mail and stated, "I'm dead. I'm a dead person without you and [your son]. So, I will take you with me. * * * I need you with me * * * in heaven, okay?" The victim also testified that defendant attempted to break into her apartment on January 27, 2007. The victim's neighbors testified that on the evening of February 19, 2007, they observed defendant in the hallway of the victim's apartment building and saw defendant caressing the door. The victim's neighbors testified that they asked defendant to leave the building two separate times and called police. The victim testified on that date, February 19, 2007, the air was let out of her car's tires and she received voice mail phone messages from the defendant acknowledging that he flattened her tires. The victim further testified that defendant's voice mail messages, e-mails, and the January 27, 2007 attempted break-in made her feel scared and threatened. While defendant argues that his e-mails referred to threatening to report the victim for insurance fraud which did not amount to physical harm, defendant's e-mails also contained statements indicating that he would cause the victim bodily harm. In this context, the trial court assessed *1247 the credibility of the witnesses and rejected defendant's testimony that his statements were merely spiritual in nature. We find that the evidence was not so improbable or unsatisfactory as to raise a reasonable doubt as to the defendant's guilt of cyberstalking. Graham, 392 Ill. App.3d at 1009,  331 Ill. Dec. 507, 910 N.E.2d 1263 (2009).

Defendant also contends that the evidence was insufficient to support his conviction for stalking where the State failed to prove that defendant on two separate occasions placed the victim "under surveillance."

The stalking statute in effect at the time, provided as follows:

"(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 of future bodily harm, sexual assault, confinement or restraint." 720 ILCS 5/12-7.3(a)(1),(a)(2) (West 2008).
The statute also specifies that one "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." 720 ILCS 5/12-7.3(d) (West 2008).

Defendant argues that his actions on January 27, 2007, and February 19, 2007, did not constitute placing Stern "under surveillance" because he did not "remain present" outside her residence. Defendant maintains that he merely went to Stern's residence, where he formerly resided, and that there was no evidence that the victim was inside of her residence on February 19, 2007.

This court considered a similar argument in People v. Daniel, 283 Ill.App.3d 1003, 219 Ill. Dec. 183, 670 N.E.2d 861 (1996). In Daniel, the defendant challenged his aggravated stalking conviction, contending that he did not remain present outside the victim's place of employment. Daniel, 283 Ill.App.3d at 1005-06, 219 Ill. Dec. 183, 670 N.E.2d 861. The evidence revealed that the defendant entered the victim's workplace, threatened her, threatened to damage her vehicle, and ranted for approximately 15 minutes. After he left the building where the victim worked, the defendant crossed the street, walked to the rear of the victim's car, hit the window, and then departed. Daniel, 283 Ill.App.3d at 1004, 219 Ill. Dec. 183, 670 N.E.2d 861. This court found two distinct bases to uphold the defendant's conviction based on the defendant's actions both inside and outside the victim's place of employment. Daniel, 283 Ill.App.3d at 1006, 219 Ill. Dec. 183, 670 N.E.2d 861. This court held that the defendant violated the stalking statute by "`remaining outside' the [victim's place of employment]—even for a brief period— because of the nature of his actions, actions that the stalking statute was designed to prohibit and that established that he was no mere passerby." Daniel, 283 Ill.App.3d at 1006 n. 1, 219 Ill. Dec. 183, 670 N.E.2d 861. This court explained:

"We discern no statutory intent to set a minimum amount of time a defendant must remain in the vicinity of his victim's building before coming within the *1248 ambit of the stalking statute. Thus, although `remain' has a temporal connotation, there is no basis for concluding that a defendant must stop, stay, or wait for a set period of time before his behavior is deemed to be surveillance under the stalking statute." Daniel, 283 Ill.App.3d at 1008, 219 Ill. Dec. 183,  670 N.E.2d 861.
This court further stated, "Although this is not the paradigmatic case where a stalker lies in wait for his victim, there is no basis for concluding that the legislature meant to exempt this sort of conduct from the stalking statute." Daniel, 283 Ill.App.3d at 1009, 219 Ill. Dec. 183, 670 N.E.2d 861.

The holding in Daniel was followed and further explained by this court in People v. Curtis, 354 Ill.App.3d 312, 290 Ill. Dec. 49, 820 N.E.2d 1116 (2004). In Curtis, this court found that the evidence was sufficient to show that the defendant placed the victim "under surveillance," as required for aggravated stalking. The defendant had called the victim and warned her that when he returned to jail it would be for something more serious, went to the victim's house, called and threatened to kill the victim if she did not let him see their child. The defendant told the victim that he would return her leather jackets that he stole from her house if she let him see their child and dictated a time and place to meet. At the meeting, the defendant waved at the victim, walked toward her car and motioned for her to come to him, but defendant did not have the leather jackets. Curtis, 354 Ill.App.3d at 319-20, 290 Ill. Dec. 49,  820 N.E.2d 1116. This court followed the holding in Daniel that "there was no minimum period of time that defendant was required to remain present outside [the victim's] car or that he was required to stop, stay or wait for a set period of time outside the car in order for his actions to constitute surveillance." Curtis, 354 Ill.App.3d at 318, 290 Ill. Dec. 49, 820 N.E.2d 1116. This court again explained that the stalking statute encompasses more than incidents in which a stalker laid in wait for his victim. This court explained, "The legislature enacted this statute to prevent violent attacks on victims by prohibiting the conduct that precedes them and by allowing the police to act before the victim is actually injured." Curtis, 354 Ill.App.3d at 319, 290 Ill. Dec. 49,  820 N.E.2d 1116.

We agree with Daniel and Curtis and conclude that there was no minimum period of time that defendant was required to remain present outside the victim's apartment on January 27, 2007, or February 19, 2007. Additionally, defendant's conduct was not the sort of innocent behavior of a mere visitor as he suggests. Rather, the evidence showed that on January 27, 2007, defendant attempted to break into the victim's apartment through her back door and yelled obscenities at her. On February 19, 2007, the victim's neighbors observed defendant on two separate occasions in the hallway outside of the victim's apartment. The victim's neighbors testified that defendant caressed the victim's door and would not leave until they told him they were calling the police. As to defendant's argument that the State failed to prove that the victim was inside her residence on February 19, 2007, we find this to be immaterial. Section 12-7.3(d) provides that one "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." (Emphasis added.) 720 ILCS 5/12-7.3(d) (West 2008). A plain reading of the phrase "occupied by the person" demonstrates that it applies *1249 only to the words preceding it—"other place." It is not applicable to the victim's school, place of employment, vehicle or residence. Therefore, we will not depart from the plain language of the statute by reading into it exceptions, limitations, or conditions that conflict with the expressed intent. See People v. Cardamone, 232 Ill. 2d 504, 516, 328 Ill. Dec. 917, 905 N.E.2d 806 (2009).

Defendant further argues that the State failed to prove that defendant placed the victim in "reasonable apprehension of immediate or future bodily harm, * * *, confinement, or restraint" pursuant to section 12-7.3(a)(2) of the stalking statute (720 ILCS 5/12-7.3(a)(2) (West 2008)). However, the record shows that defendant was charged with stalking pursuant to section 12-7.3(a)(1) of the statute, which requires the State to show that the defendant "at any time transmit[ted] a threat of immediate or future bodily harm." 720 ILCS 5/12-7.3(a)(1) (West 2008). The evidence at trial showed that defendant left the victim several voice mail phone messages threatening to kill her. Accordingly, defendant's argument is without merit.

E. Krankel Inquiry

Defendant next contends that the circuit court failed to conduct any inquiry into his pro se allegations of ineffective assistance of trial counsel, as required by People v. Krankel, 102 Ill. 2d 181, 80 Ill. Dec. 62, 464 N.E.2d 1045 (1984). Defendant requests that the matter be remanded to the circuit court for an inquiry into defendant's ineffective assistance claims.

In Krankel, the defendant's trial counsel did not contact an alibi witness or present an affirmative alibi defense at trial. The defendant raised a pro se posttrial challenge to his attorney's competence at trial. Our supreme court held that the trial court should have appointed alternative counsel to represent the defendant at the posttrial hearing regarding his claim of ineffective assistance of trial counsel. The court remanded the matter for a new hearing on the defendant's motion with newly appointed counsel. Krankel, 102 Ill.2d at 187-89, 80 Ill. Dec. 62, 464 N.E.2d 1045.

In People v. Moore, 207 Ill. 2d 68, 278 Ill. Dec. 36, 797 N.E.2d 631 (2003), our supreme court further explained the procedures that trial courts should use to resolve pro se claims of ineffectiveness of counsel. The trial court is not required to automatically appoint new counsel in every case; rather, the trial court should evaluate the factual basis of the defendant's claim. Moore, 207 Ill.2d at 77-78, 278 Ill. Dec. 36, 797 N.E.2d 631. The operative concern for the reviewing court is whether the trial court conducted an adequate inquiry into the defendant's pro se allegations of ineffective assistance of counsel. Moore, 207 Ill.2d at 78, 278 Ill. Dec. 36, 797 N.E.2d 631. This inquiry can be accomplished in several ways. The trial court could simply ask the trial counsel about the circumstances surrounding the claim or ask defendant questions about his claim. Moore, 207 Ill.2d at 78, 278 Ill. Dec. 36,  797 N.E.2d 631. Alternatively, the trial court can base its determination on its personal knowledge of defense counsel's performance at trial or on the facial insufficiency of defendant's allegations. Moore, 207 Ill.2d at 79, 278 Ill. Dec. 36, 797 N.E.2d 631. If the trial court determines that the claim lacks merit or pertains only to matters of trial strategy, then the court need not appoint new counsel and may deny the pro se motion. Moore, 207 Ill.2d at 78,  278 Ill. Dec. 36, 797 N.E.2d 631. However, if the allegations show possible neglect of the *1250 case, new counsel should be appointed. Moore, 207 Ill.2d at 78, 278 Ill. Dec. 36, 797 N.E.2d 631.

Defendant first argues that the circuit court should have conducted an inquiry into defendant's pretrial claims, where "on almost every pretrial date, [defendant] sought to speak with the trial court or otherwise objected." The State responds that Krankel is inapplicable to pretrial claims and the trial court satisfied any required inquiry into defendant's pro se claims of ineffective assistance of trial counsel.

The record shows that defendant made repeated interruptions during court proceedings. For example, on the second pretrial date, September 27, 2007, the circuit court continued the matter and defendant stated, "Judge, I want pro se." On October 31, 2007, defendant interrupted proceedings and stated that his trial attorney was "defective" in her failure to advise him of the "penalties in case of rejecting" an offer. The circuit court explained:

"Well, you understand, sir, it's up to the Judge to determine what the appropriate sentence is. Even if your attorney reaches an agreement with the State, I would still have to go along with that. I know nothing about your case, I know nothing about your background. Whether of not I would even go along with an agreement, that's speculation."
Defendant responded, "If I did not reject it, I would have been free on September 11 at the latest." The court then explained, "What if I didn't go along with it? I could have said no." Even if the trial court was required to inquire into defendant's pretrial claims under Krankel, the record shows that the court considered defendant's allegation and determined that it was speculative and, therefore insufficient. The trial court was permitted to base its determination on the facial insufficiency of defendant's allegations. Moore, 207 Ill.2d at 79, 278 Ill. Dec. 36, 797 N.E.2d 631.

Defendant filed a pro se motion to dismiss his indictment alleging a speedy trial violation and that trial counsel "ignored [his] discovery" and was an "accessory" to the fact that "[t]he whole case is false and intend[ed] to prevent defendant [from] hand[ing] over complain[ing] witness to federal prosecution for forging [her] insurance claim." We note that defendant testified at trial regarding this "defense."

Defendant also filed a pro se motion for new trial alleging, inter alia, that trial counsel "misl[ed][him] about discovery and test[imony]," was "ineffective [in] examining witnesses, refusing to place * * * questions she was given," "stipulated to improper evidences [sic] presented" and "counsel had a conflict of interest." The only stipulations entered into in the instant case were in regards to the identity of the e-mail accounts from which the e-mails at issue were sent and received, and the translation of the content of the e-mails which were partially in Serbian. Defendant himself testified as to the contents of the e-mails, acknowledging that he had sent them to the victim and that the translation was correct.

During defendant's sentencing hearing, the circuit court stated, "I've read your motion for a new trial." Also, during the sentencing hearing defendant explained his argument that the State had delayed his trial and trial counsel was ineffective in representing him with respect to a proposed plea agreement. Defendant stated:

"And the second thing is that plea negotiations * * * the State should never have engaged in pulling my mind such that they did in November.
*1251 I had a visit in the jail offer [sic] that they would leave for November the 29th and then denied. And it's obvious confirmation of playing games in regards to stalling case."
Defendant's trial counsel addressed defendant's argument and stated:

"When [defendant] said that he had been offered misdemeanor probation, I would say that that is correct.
He was offered a misdemeanor back in, I believe it was April. And then later on, in November, it was apparently a misunderstanding or a miscommunication between me and [the prosecutor]. But, I was led to at least interpret the States's offer as one of misdemeanor.
So, I went to the jail and talked to [defendant] about a misdemeanor and he was prepared to plead to that. And that is what he's referring to. And he was understandably upset when that possibility was taken away."
The record therefore shows that trial counsel addressed defendant's claims. Any inquiry required by the trial court into defendant's pro se claims was satisfied by trial counsel explaining the circumstances surrounding the claim. See Moore, 207 Ill.2d at 78, 278 Ill. Dec. 36, 797 N.E.2d 631.

III. CONCLUSION

For the above reasons, we vacate defendant's conviction and sentence for harassment through electronic communication as violative of the one-act, one-crime rule and affirm the judgment of the circuit court with respect to defendant's convictions and sentences for cyberstalking and stalking.

Vacated in part and affirmed in part.

STEELE and COLEMAN, JJ., concur.

NOTES

[1] The parties stipulated that Jeff Stanford, a senior supervisor for legal services at Yahoo, Inc., would testify that the e-mails in question were sent from "TWRControl@yahoo.com" to "LuckyCharms_x_6@yahoo.com." Stern testified that these were defendant and her e-mail addresses, respectively.

[2] Because we vacate defendant's conviction and sentence for harassment through electronic communication as violative of the one-act, one-crime rule, we need not consider defendant's sufficiency of the evidence argument with respect to that offense.

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text: about

text: his

text: payments

text: and

text: she

text: ultimately

text: quit

text: working

text: for

text: defendant

text: in

text: November

text: or

text: December

text: Stern

text: also

text: testified

text: that

text: defendant

text: s

text: behavior

text: changed

text: in

text: the

text: summer

text: of

text: Stern

text: testified

text: that

text: when

text: she

text: first

text: met

text: defendant

text: h

text: e

text: was

text: very

text: much

text: a

text: gentlemen

text: Stern

text: testified

text: that

text: defendant

text: became

text: pushy

text: didn

text: t

text: respect

text: boundaries

text: and

text: wasn

text: t

text: predictable

text: Stern

text: testified

text: that

text: she

text: informed

text: defendant

text: that

text: she

text: was

text: not

text: interested

text: in

text: a

text: romantic

text: relationship

text: with

text: him

text: but

text: defendant

text: wouldn

text: t

text: take

text: no

text: for

text: an

text: answer

text: Stern

text: testified

text: Defendant

text: had

text: beliefs

text: about

text: how

text: women

text: should

text: be

text: and

text: I

text: didn

text: t

text: understand

text: them

text: and

text: my

text: refusal

text: to

text: agree

text: with

text: them

text: was

text: met

text: with

text: you

text: re

text: a

text: bitch

text: or

text: you

text: are

text: stuck

text: up

text: or

text: it

text: makes

text: you

text: a

text: slut

text: you

text: must

text: want

text: to

text: sleep

text: with

text: other

text: men

text: if

text: you

text: don

text: t

text: want

text: to

text: commit

text: to

text: me

text: Stern

text: testified

text: that

text: she

text: wasn

text: t

text: comfortable

text: with

text: how

text: defendant

text: was

text: dealing

text: with

text: the

text: business

text: or

text: the

text: personal

text: relationship

text: and

text: defendant

text: stopped

text: staying

text: at

text: her

text: apartment

text: on

text: October

text: or

text: October

text: Stern

text: testified

text: that

text: during

text: the

text: early

text: morning

text: hours

text: on

text: January

text: she

text: was

text: asleep

text: on

text: the

text: couch

text: in

text: her

text: living

text: room

text: when

text: she

text: heard

text: a

text: jingling

text: noise

text: from

text: the

text: back

text: door

text: handle

text: as

text: if

text: someone

text: were

text: attempting

text: to

text: open

text: it

text: Stern

text: testified

text: that

text: she

text: became

text: alarmed

text: because

text: no

text: one

text: ever

text: used

text: the

text: back

text: door

text: and

text: her

text: son

text: was

text: asleep

text: in

text: his

text: bedroom

text: Stern

text: testified

text: that

text: she

text: could

text: not

text: find

text: her

text: cellular

text: phone

text: so

text: she

text: got

text: a

text: knife

text: from

text: the

text: kitchen

text: and

text: ran

text: to

text: the

text: back

text: door

text: Stern

text: testified

text: that

text: she

text: slammed

text: her

text: weight

text: against

text: the

text: back

text: door

text: and

text: locked

text: it

text: as

text: defendant

text: was

text: trying

text: to

text: open

text: the

text: door

text: Stern

text: testified

text: that

text: defendant

text: began

text: screaming

text: expletives

text: at

text: her

text: calling

text: her

text: a

text: bitch

text: and

text: asking

text: her

text: Why

text: are

text: you

text: doing

text: this

text: Stern

text: testified

text: that

text: she

text: just

text: freaked

text: out

text: and

text: did

text: not

text: call

text: the

text: police

text: immediately

text: because

text: she

text: knew

text: defendant

text: Stern

text: subsequently

text: made

text: a

text: police

text: report

text: Stern

text: testified

text: that

text: after

text: the

text: January

text: incident

text: defendant

text: continued

text: to

text: leave

text: her

text: voice

text: mail

text: messages

text: and

text: send

text: her

text: e

text: mails

text: On

text: February

text: Stern

text: discovered

text: that

text: someone

text: had

text: deflated

text: the

text: tires

text: on

text: her

text: car

text: Stern

text: testified

text: that

text: on

text: March

text: she

text: received

text: a

text: number

text: of

text: e

text: mails

text: and

text: voice

text: mail

text: messages

text: from

text: defendant

text: Stern

text: identified

text: People

text: s

text: exhibit

text: as

text: an

text: e

text: mail

text: that

text: defendant

text: sent

text: to

text: her

text: on

text: March

text: at

text: a

text: m

text: which

text: was

text: part

text: in

text: English

text: and

text: part

text: in

text: Serbian

text: The

text: parties

text: stipulated

text: to

text: translations

text: into

text: English

text: from

text: Serbian

text: made

text: by

text: an

text: official

text: Serbian

text: translator

text: Ivanka

text: Kailovski

text: The

text: subject

text: of

text: the

text: e

text: mail

text: was

text: in

text: Serbian

text: and

text: translated

text: as

text: Lamb

text: and

text: its

text: father

text: ME

text: The

text: e

text: mail

text: stated

text: MOLIM

text: TE

text: RAZMISLI

text: STA

text: RADIS

text: KADA

text: DODJEM

text: U

text: PROBLEM

text: WITH

text: FUTURE

text: BUDUCE

text: VREME

text: FUTURE

text: JA

text: CU

text: DA

text: SE

text: UBIJEM

text: MY

text: LIFE

text: WILL

text: VANISH

text: OR

text: I

text: WILL

text: DO

text: A

text: SUACIDE

text: sic

text: and

text: I

text: TEBE

text: VODIM

text: SA

text: SOBOM

text: MEANS

text: I

text: WILL

text: END

text: MY

text: LIFE

text: AND

text: I

text: AM

text: TAKEING

text: sic

text: you

text: with

text: me

text: OR

text: I

text: LL

text: GIVE

text: YOU

text: AN

text: OFFER

text: IN

text: ORDER

text: NOT

text: TO

text: REPORT

text: YOU

text: TO

text: STATE

text: FARM

text: CALLING

text: FEDS

text: ON

text: INSURANCE

text: FRAUD

text: AS

text: A

text: CON

text: WHICH

text: IS

text: FEDERAL

text: OFFENSE

text: AND

text: NO

text: BOND

text: MONEY

text: BROTHER

text: CAN

text: SAVE

text: YOU

text: FROM

text: JAIL

text: MEANING

text: YEARS

text: MIN

text: I

text: LL

text: GIVE

text: YOU

text: AN

text: OPTION

text: CONTRACT

text: SO

text: CONTACT

text: ME

text: AS

text: SOON

text: AS

text: POSSIBLE

text: THANK

text: YOU

text: EYE

text: FOR

text: EYE

text: NOW

text: THERE

text: IS

text: NO

text: MOMENT

text: FOR

text: MERCY

text: YOU

text: DID

text: NOT

text: HAD

text: sic

text: FOR

text: ME

text: LET

text: ME

text: SHOW

text: YOU

text: WHO

text: IS

text: THE

text: MAN

text: The

text: parties

text: stipulated

text: that

text: the

text: interpreter

text: would

text: testify

text: that

text: the

text: initial

text: Serbian

text: written

text: on

text: the

text: email

text: says

text: please

text: think

text: what

text: you

text: are

text: doing

text: When

text: I

text: am

text: in

text: a

text: problem

text: in

text: the

text: future

text: I

text: will

text: commit

text: suicide

text: my

text: life

text: will

text: vanish

text: or

text: I

text: will

text: do

text: suicide

text: and

text: I

text: will

text: take

text: you

text: with

text: me

text: Stern

text: next

text: identified

text: People

text: s

text: exhibit

text: a

text: compact

text: disc

text: containing

text: recordings

text: of

text: eight

text: voice

text: mail

text: messages

text: left

text: by

text: defendant

text: on

text: Stern

text: s

text: phone

text: These

text: voice

text: mails

text: included

text: a

text: message

text: left

text: on

text: March

text: at

text: a

text: m

text: after

text: defendant

text: sent

text: the

text: e

text: mail

text: contained

text: in

text: People

text: s

text: exhibit

text: in

text: which

text: defendant

text: asked

text: Stern

text: inter

text: alia

text: to

text: read

text: his

text: e

text: mail

text: acknowledged

text: deflating

text: Stern

text: s

text: car

text: tires

text: and

text: indicated

text: that

text: Stern

text: should

text: call

text: him

text: back

text: for

text: her

text: sake

text: Defendant

text: stated

text: that

text: a

text: person

text: who

text: is

text: being

text: destroyed

text: should

text: get

text: even

text: and

text: if

text: I

text: get

text: even

text: I

text: get

text: even

text: big

text: time

text: trust

text: me

text: Defendant

text: further

text: stated

text: that

text: this

text: is

text: your

text: choice

text: you

text: and

text: me

text: together

text: or

text: this

text: insurance

text: fraud

text: and

text: that

text: he

text: would

text: not

text: have

text: done

text: this

text: unless

text: it

text: was

text: in

text: a

text: matter

text: of

text: love

text: Stern

text: next

text: identified

text: People

text: s

text: exhibit

text: which

text: was

text: a

text: second

text: e

text: mail

text: that

text: defendant

text: sent

text: to

text: her

text: on

text: March

text: at

text: a

text: m

text: In

text: this

text: e

text: mail

text: defendant

text: threatened

text: to

text: report

text: Stern

text: for

text: insurance

text: fraud

text: unless

text: she

text: agreed

text: to

text: marry

text: him

text: The

text: e

text: mail

text: then

text: stated

text: in

text: relevant

text: part

text: YOU

text: KILLED

text: MY

text: HEART

text: I

text: WILL

text: GET

text: EVEN

text: DEAL

text: IS

text: ME

text: OR

text: YOU

text: KNOW

text: TRY

text: ME

text: I

text: AM

text: SO

text: DESPERATE

text: I

text: DO

text: NOT

text: MIND

text: DYING

text: AS

text: OF

text: NOW

text: TRY

text: ME

text: KILLER

text: Stern

text: testified

text: that

text: after

text: receiving

text: the

text: second

text: e

text: mail

text: defendant

text: left

text: her

text: another

text: phone

text: voice

text: mail

text: message

text: on

text: March

text: at

text: a

text: m

text: The

text: State

text: introduced

text: this

text: voice

text: mail

text: message

text: as

text: People

text: s

text: Exhibit

text: in

text: which

text: defendant

text: directed

text: Stern

text: to

text: check

text: her

text: e

text: mail

text: and

text: stated

text: inter

text: alia

text: I

text: m

text: dead

text: I

text: m

text: a

text: dead

text: person

text: without

text: you

text: and

text: your

text: son

text: So

text: I

text: will

text: take

text: you

text: with

text: me

text: I

text: need

text: you

text: with

text: me

text: in

text: heaven

text: okay

text: Stern

text: testified

text: that

text: defendant

text: s

text: voice

text: mail

text: messages

text: e

text: mails

text: and

text: the

text: January

text: attempted

text: break

text: in

text: made

text: her

text: feel

text: scared

text: and

text: she

text: very

text: much

text: so

text: felt

text: threatened

text: Stern

text: testified

text: that

text: from

text: defendant

text: s

text: voice

text: mail

text: messages

text: and

text: e

text: mails

text: she

text: surmised

text: that

text: defendant

text: took

text: her

text: receipts

text: that

text: she

text: had

text: submitted

text: to

text: her

text: insurance

text: company

text: when

text: her

text: home

text: had

text: flooded

text: and

text: that

text: defendant

text: was

text: going

text: to

text: claim

text: that

text: the

text: receipts

text: were

text: fraudulent

text: Stern

text: s

text: neighbors

text: Jennifer

text: Uslais

text: and

text: Jim

text: Dobrowski

text: testified

text: that

text: on

text: February

text: at

text: about

text: p

text: m

text: they

text: heard

text: noises

text: in

text: the

text: hallway

text: of

text: their

text: apartment

text: building

text: Uslais

text: testified

text: that

text: she

text: saw

text: defendant

text: in

text: the

text: hallway

text: between

text: her

text: apartment

text: door

text: and

text: Stern

text: s

text: apartment

text: door

text: directly

text: across

text: the

text: hall

text: Defendant

text: told

text: Uslais

text: that

text: he

text: wanted

text: to

text: talk

text: to

text: her

text: about

text: her

text: neighbor

text: and

text: asked

text: her

text: to

text: come

text: out

text: to

text: the

text: hallway

text: to

text: talk

text: to

text: him

text: Uslais

text: declined

text: and

text: told

text: defendant

text: that

text: if

text: he

text: did

text: not

text: leave

text: she

text: would

text: call

text: the

text: police

text: About

text: an

text: hour

text: later

text: Dobrowski

text: testified

text: that

text: defendant

text: returned

text: and

text: Dobrowski

text: observed

text: him

text: caress

text: Stern

text: s

text: door

text: knob

text: and

text: door

text: frame

text: Dobrowski

text: testified

text: that

text: he

text: thought

text: defendant

text: was

text: trying

text: to

text: break

text: into

text: Stern

text: s

text: apartment

text: and

text: Dobrowski

text: directed

text: Uslais

text: to

text: call

text: the

text: police

text: Dobrowski

text: went

text: into

text: the

text: hallway

text: with

text: his

text: samurai

text: sword

text: and

text: told

text: defendant

text: to

text: leave

text: the

text: apartment

text: building

text: Defendant

text: responded

text: that

text: Stern

text: was

text: doing

text: some

text: kind

text: of

text: witchcraft

text: Dobrowski

text: testified

text: that

text: defendant

text: finally

text: left

text: the

text: building

text: and

text: the

text: police

text: arrived

text: shortly

text: thereafter

text: Defendant

text: testified

text: that

text: he

text: met

text: Stern

text: through

text: a

text: roommate

text: matching

text: service

text: and

text: met

text: her

text: for

text: coffee

text: on

text: two

text: occasions

text: In

text: July

text: defendant

text: helped

text: Stern

text: move

text: into

text: a

text: new

text: apartment

text: and

text: about

text: a

text: week

text: later

text: they

text: began

text: a

text: sexual

text: relationship

text: Defendant

text: testified

text: that

text: Stern

text: became

text: pregnant

text: in

text: October

text: but

text: miscarried

text: in

text: November

text: Defendant

text: testified

text: that

text: Stern

text: then

text: asked

text: him

text: to

text: have

text: a

text: vasectomy

text: because

text: she

text: did

text: not

text: want

text: to

text: have

text: any

text: more

text: children

text: Defendant

text: testified

text: that

text: throughout

text: the

text: summer

text: and

text: fall

text: of

text: he

text: stayed

text: in

text: Stern

text: s

text: apartment

text: but

text: did

text: not

text: have

text: a

text: key

text: to

text: the

text: apartment

text: Defendant

text: testified

text: that

text: he

text: became

text: friends

text: with

text: Stern

text: s

text: son

text: who

text: is

text: autistic

text: and

text: that

text: he

text: had

text: special

text: abilities

text: to

text: deal

text: with

text: autistic

text: children

text: from

text: his

text: previous

text: employment

text: transporting

text: children

text: to

text: special

text: schools

text: Defendant

text: testified

text: that

text: during

text: this

text: time

text: he

text: gave

text: Stern

text: the

text: passwords

text: to

text: his

text: e

text: mail

text: accounts

text: Defendant

text: testified

text: that

text: he

text: moved

text: out

text: of

text: Stern

text: s

text: apartment

text: in

text: December

text: Defendant

text: acknowledged

text: that

text: he

text: had

text: a

text: laptop

text: computer

text: that

text: was

text: always

text: with

text: him

text: and

text: to

text: which

text: Stern

text: had

text: no

text: access

text: after

text: he

text: moved

text: out

text: Defendant

text: initially

text: testified

text: that

text: Stern

text: could

text: have

text: manipulated

text: the

text: e

text: mails

text: in

text: question

text: but

text: defendant

text: testified

text: that

text: he

text: recognized

text: the

text: e

text: mails

text: and

text: voice

text: mail

text: messages

text: that

text: he

text: sent

text: Stern

text: on

text: March

text: Defendant

text: testified

text: that

text: he

text: was

text: just

text: depressed

text: at

text: the

text: time

text: and

text: that

text: he

text: was

text: being

text: used

text: for

text: money

text: Defendant

text: testified

text: that

text: his

text: statement

text: that

text: he

text: was

text: going

text: to

text: kill

text: himself

text: and

text: take

text: Stern

text: with

text: him

text: was

text: just

text: spiritual

text: and

text: a

text: figure

text: of

text: speech

text: Defendant

text: testified

text: that

text: at

text: the

text: time

text: his

text: heart

text: was

text: broken

text: and

text: he

text: had

text: no

text: intention

text: of

text: killing

text: himself

text: or

text: Stern

text: Defendant

text: testified

text: that

text: his

text: statement

text: that

text: Stern

text: killed

text: his

text: heart

text: and

text: that

text: he

text: would

text: get

text: even

text: meant

text: that

text: she

text: would

text: be

text: alone

text: Defendant

text: testified

text: It

text: doesn

text: t

text: mean

text: to

text: kill

text: as

text: you

text: claim

text: Killing

text: heart

text: is

text: a

text: spiritual

text: thing

text: Defendant

text: testified

text: that

text: when

text: he

text: stated

text: that

text: he

text: would

text: kill

text: every

text: spirit

text: that

text: messes

text: with

text: my

text: spirit

text: he

text: meant

text: it

text: in

text: an

text: emotional

text: way

text: but

text: may

text: have

text: expressed

text: himself

text: the

text: wrong

text: way

text: because

text: English

text: was

text: not

text: his

text: native

text: language

text: Defendant

text: testified

text: that

text: his

text: statements

text: regarding

text: the

text: insurance

text: fraud

text: related

text: to

text: the

text: fact

text: that

text: after

text: he

text: moved

text: of

text: Stern

text: s

text: apartment

text: he

text: discovered

text: his

text: receipts

text: had

text: been

text: reorganized

text: into

text: Stern

text: s

text: own

text: files

text: As

text: a

text: result

text: defendant

text: believed

text: Stern

text: was

text: using

text: his

text: receipts

text: for

text: claims

text: on

text: her

text: insurance

text: Defendant

text: testified

text: that

text: Stern

text: had

text: offered

text: to

text: marry

text: him

text: on

text: December

text: under

text: certain

text: conditions

text: and

text: that

text: his

text: message

text: to

text: Stern

text: was

text: promising

text: to

text: come

text: through

text: as

text: she

text: requested

text: Defendant

text: also

text: testified

text: that

text: if

text: Stern

text: did

text: not

text: marry

text: him

text: he

text: threatened

text: to

text: turn

text: her

text: in

text: for

text: the

text: alleged

text: insurance

text: fraud

text: Defendant

text: testified

text: that

text: he

text: was

text: heartbroken

text: about

text: her

text: breaking

text: up

text: with

text: him

text: and

text: threatened

text: to

text: turn

text: Stern

text: in

text: but

text: maintained

text: I

text: have

text: done

text: nothing

text: During

text: cross

text: examination

text: defendant

text: acknowledged

text: that

text: he

text: did

text: not

text: have

text: a

text: Serbian

text: interpreter

text: at

text: trial

text: and

text: was

text: not

text: in

text: fear

text: of

text: being

text: misunderstood

text: during

text: his

text: testimony

text: Defendant

text: testified

text: that

text: he

text: has

text: been

text: in

text: this

text: country

text: for

text: years

text: had

text: a

text: construction

text: business

text: that

text: was

text: fairly

text: successful

text: and

text: also

text: had

text: helped

text: children

text: with

text: disabilities

text: and

text: spoke

text: English

text: to

text: them

text: Following

text: closing

text: arguments

text: defendant

text: was

text: found

text: guilty

text: of

text: cyberstalking

text: harassment

text: through

text: electronic

text: communication

text: and

text: stalking

text: The

text: trial

text: court

text: rejected

text: defendant

text: s

text: defense

text: that

text: his

text: statements

text: were

text: not

text: intended

text: to

text: be

text: threats

text: directed

text: at

text: Stern

text: The

text: court

text: found

text: Defendant

text: s

text: intent

text: can

text: be

text: nothing

text: other

text: than

text: that

text: he

text: was

text: trying

text: to

text: impose

text: his

text: will

text: on

text: Ms

text: Stern

text: and

text: he

text: says

text: his

text: will

text: is

text: he

text: either

text: wants

text: her

text: to

text: marry

text: him

text: and

text: become

text: a

text: family

text: or

text: he

text: wants

text: her

text: to

text: go

text: to

text: prison

text: or

text: he

text: wants

text: her

text: dead

text: Those

text: are

text: the

text: choices

text: that

text: she

text: has

text: And

text: the

text: fact

text: that

text: she

text: doesn

text: t

text: want

text: to

text: marry

text: him

text: is

text: something

text: that

text: angers

text: him

text: H

text: is

text: idea

text: of

text: love

text: is

text: if

text: I

text: can

text: t

text: have

text: you

text: then

text: either

text: I

text: am

text: going

text: to

text: kill

text: myself

text: and

text: take

text: you

text: with

text: me

text: or

text: I

text: am

text: going

text: to

text: make

text: sure

text: you

text: go

text: to

text: prison

text: There

text: s

text: nothing

text: in

text: any

text: of

text: those

text: communications

text: that

text: can

text: be

text: misconstrued

text: The

text: defendant

text: wants

text: me

text: to

text: believe

text: that

text: this

text: is

text: some

text: sort

text: of

text: poetic

text: license

text: that

text: when

text: he

text: says

text: I

text: am

text: going

text: to

text: kill

text: myself

text: and

text: take

text: you

text: with

text: me

text: that

text: he

text: is

text: meaning

text: something

text: spiritual

text: I

text: don

text: t

text: believe

text: there

text: s

text: anything

text: spiritual

text: here

text: I

text: think

text: that

text: the

text: only

text: purpose

text: of

text: him

text: going

text: on

text: this

text: assault

text: this

text: attack

text: during

text: the

text: night

text: of

text: March

text: was

text: to

text: threaten

text: to

text: upset

text: was

text: to

text: intimidate

text: was

text: to

text: attack

text: Ms

text: Stern

text: You

text: tried

text: to

text: force

text: your

text: way

text: into

text: her

text: apartment

text: That

text: was

text: not

text: successful

text: What

text: you

text: did

text: was

text: nothing

text: short

text: of

text: trying

text: to

text: terrorize

text: this

text: woman

text: This

text: is

text: exactly

text: why

text: the

text: cyberstalking

text: and

text: stalking

text: laws

text: were

text: created

text: for

text: people

text: like

text: you

text: You

text: wanted

text: to

text: terrorize

text: her

text: Defendant

text: was

text: subsequently

text: sentenced

text: to

text: concurrent

text: terms

text: of

text: three

text: years

text: in

text: prison

text: on

text: each

text: count

text: Defendant

text: now

text: appeals

text: II

text: ANALYSIS

text: We

text: begin

text: our

text: analysis

text: with

text: the

text: pertinent

text: statute

text: The

text: cyberstalking

text: statute

text: in

text: effect

text: at

text: the

text: time

text: defendant

text: was

text: charged

text: provided

text: a

text: A

text: person

text: commits

text: cyberstalking

text: when

text: he

text: or

text: she

text: knowingly

text: and

text: without

text: lawful

text: justification

text: on

text: at

text: least

text: separate

text: occasions

text: harasses

text: another

text: person

text: through

text: the

text: use

text: of

text: electronic

text: communication

text: and

text: at

text: any

text: time

text: transmits

text: a

text: threat

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: and

text: the

text: threat

text: is

text: directed

text: towards

text: that

text: person

text: or

text: a

text: family

text: member

text: of

text: that

text: person

text: or

text: places

text: that

text: person

text: or

text: a

text: family

text: member

text: of

text: that

text: person

text: in

text: reasonable

text: apprehension

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: b

text: As

text: used

text: in

text: this

text: Section

text: Harass

text: means

text: to

text: engage

text: in

text: a

text: knowing

text: and

text: willful

text: course

text: of

text: conduct

text: directed

text: at

text: a

text: specific

text: person

text: that

text: alarms

text: torments

text: or

text: terrorizes

text: that

text: person

text: Electronic

text: communication

text: means

text: any

text: transfer

text: of

text: signs

text: signals

text: writings

text: sounds

text: data

text: or

text: intelligence

text: of

text: any

text: nature

text: transmitted

text: in

text: whole

text: or

text: in

text: part

text: by

text: a

text: wire

text: radio

text: electromagnetic

text: photoelectric

text: or

text: photo

text: optical

text: system

text: Electronic

text: communication

text: includes

text: transmissions

text: by

text: a

text: computer

text: through

text: the

text: Internet

text: to

text: another

text: computer

text: c

text: Sentence

text: Cyberstalking

text: is

text: a

text: Class

text: felony

text: A

text: second

text: or

text: subsequent

text: conviction

text: for

text: cyberstalking

text: is

text: a

text: Class

text: felony

text: ILCS

text: West

text: The

text: cyberstalking

text: statute

text: has

text: been

text: amended

text: since

text: defendant

text: was

text: charged

text: and

text: convicted

text: The

text: most

text: recent

text: amendment

text: became

text: effective

text: January

text: see

text: Pub

text: Act

text: eff

text: Jan

text: In

text: this

text: appeal

text: however

text: we

text: are

text: called

text: upon

text: to

text: only

text: consider

text: the

text: constitutionality

text: of

text: the

text: statute

text: in

text: effect

text: at

text: the

text: time

text: defendant

text: was

text: charged

text: and

text: convicted

text: A

text: Overbreadth

text: Defendant

text: first

text: contends

text: that

text: the

text: cyberstalking

text: statute

text: is

text: unconstitutionally

text: overbroad

text: because

text: it

text: criminalizes

text: a

text: substantial

text: amount

text: of

text: expression

text: much

text: of

text: which

text: is

text: protected

text: by

text: the

text: First

text: Amendment

text: To

text: demonstrate

text: defendant

text: sets

text: forth

text: several

text: hypothetical

text: situations

text: in

text: which

text: he

text: contends

text: that

text: the

text: statute

text: proscribes

text: innocent

text: conduct

text: such

text: as

text: when

text: a

text: threatening

text: e

text: mail

text: is

text: sent

text: with

text: both

text: parties

text: knowing

text: it

text: is

text: a

text: practical

text: joke

text: The

text: State

text: responds

text: that

text: the

text: statute

text: is

text: not

text: overbroad

text: where

text: it

text: does

text: not

text: proscribe

text: constitutionally

text: protected

text: speech

text: and

text: is

text: thus

text: constitutional

text: We

text: review

text: constitutional

text: challenges

text: to

text: a

text: statute

text: de

text: novo

text: People

text: v

text: Greco

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: doctrine

text: of

text: overbreadth

text: is

text: designed

text: to

text: protect

text: first

text: amendment

text: freedom

text: of

text: expression

text: from

text: laws

text: written

text: so

text: broadly

text: that

text: the

text: fear

text: of

text: punishment

text: might

text: discourage

text: people

text: from

text: taking

text: advantage

text: of

text: the

text: freedom

text: People

text: v

text: Bailey

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: doctrine

text: is

text: used

text: sparingly

text: and

text: in

text: order

text: for

text: a

text: statute

text: to

text: be

text: invalidated

text: for

text: overbreadth

text: its

text: overbreadth

text: must

text: not

text: only

text: be

text: real

text: but

text: substantial

text: as

text: well

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: quoting

text: Broadrick

text: v

text: Oklahoma

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: In

text: addressing

text: a

text: facial

text: overbreadth

text: challenge

text: the

text: first

text: task

text: is

text: to

text: determine

text: whether

text: the

text: statute

text: reaches

text: constitutionally

text: protected

text: speech

text: as

text: defendant

text: contends

text: See

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: viewing

text: the

text: cyberstalking

text: statute

text: we

text: find

text: that

text: defendant

text: s

text: facial

text: overbreadth

text: argument

text: fails

text: because

text: the

text: cyberstalking

text: statute

text: does

text: not

text: impinge

text: on

text: any

text: constitutionally

text: protected

text: right

text: of

text: free

text: speech

text: For

text: defendant

text: to

text: be

text: convicted

text: of

text: cyberstalking

text: the

text: State

text: must

text: prove

text: that

text: defendant

text: knowingly

text: and

text: without

text: lawful

text: justification

text: harassed

text: the

text: victim

text: by

text: transmitting

text: a

text: threat

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: ILCS

text: West

text: The

text: State

text: must

text: also

text: prove

text: that

text: defendant

text: transmitted

text: such

text: a

text: threat

text: on

text: at

text: least

text: two

text: separate

text: occasions

text: ILCS

text: West

text: It

text: is

text: clear

text: that

text: the

text: statute

text: was

text: intended

text: to

text: only

text: punish

text: speech

text: performed

text: without

text: lawful

text: authority

text: In

text: Bailey

text: our

text: supreme

text: court

text: rejected

text: the

text: defendant

text: s

text: argument

text: that

text: the

text: stalking

text: statute

text: ILCS

text: West

text: was

text: unconstitutionally

text: overbroad

text: because

text: it

text: reached

text: speech

text: protected

text: by

text: the

text: first

text: amendment

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: Bailey

text: the

text: stalking

text: statute

text: at

text: issue

text: provided

text: a

text: A

text: person

text: commits

text: stalking

text: when

text: he

text: or

text: she

text: transmits

text: to

text: another

text: person

text: a

text: threat

text: with

text: the

text: intent

text: to

text: place

text: that

text: person

text: in

text: reasonable

text: apprehension

text: of

text: death

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: and

text: in

text: furtherance

text: of

text: the

text: threat

text: knowingly

text: does

text: any

text: one

text: or

text: more

text: of

text: the

text: following

text: acts

text: on

text: at

text: least

text: separate

text: occasions

text: follows

text: the

text: person

text: other

text: than

text: within

text: the

text: residence

text: of

text: the

text: defendant

text: places

text: the

text: person

text: under

text: surveillance

text: by

text: remaining

text: present

text: outside

text: his

text: or

text: her

text: school

text: place

text: of

text: employment

text: vehicle

text: other

text: place

text: occupied

text: by

text: the

text: person

text: or

text: residence

text: other

text: than

text: the

text: residence

text: of

text: the

text: defendant

text: ILCS

text: West

text: In

text: upholding

text: the

text: statute

text: our

text: supreme

text: court

text: explained

text: For

text: defendant

text: to

text: be

text: convicted

text: of

text: stalking

text: the

text: State

text: must

text: prove

text: that

text: defendant

text: threatened

text: the

text: victim

text: with

text: the

text: intent

text: to

text: place

text: that

text: person

text: in

text: reasonable

text: apprehension

text: of

text: death

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: In

text: furtherance

text: of

text: the

text: threat

text: the

text: State

text: must

text: also

text: prove

text: that

text: defendant

text: followed

text: the

text: victim

text: or

text: placed

text: the

text: victim

text: under

text: surveillance

text: on

text: at

text: least

text: two

text: separate

text: occasions

text: Moreover

text: as

text: previously

text: explained

text: the

text: statute

text: was

text: intended

text: to

text: only

text: punish

text: that

text: conduct

text: performed

text: without

text: lawful

text: authority

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Our

text: supreme

text: court

text: noted

text: that

text: while

text: the

text: offense

text: of

text: stalking

text: contained

text: an

text: element

text: of

text: speech

text: that

text: speech

text: was

text: not

text: constitutionally

text: protected

text: The

text: court

text: explained

text: Where

text: speech

text: is

text: an

text: integral

text: part

text: of

text: unlawful

text: conduct

text: it

text: has

text: no

text: constitutional

text: protection

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: quoting

text: Chicago

text: Real

text: Estate

text: Board

text: v

text: City

text: of

text: Chicago

text: Ill

text: d

text: N

text: E

text: d

text: Here

text: defendant

text: argues

text: that

text: unlike

text: the

text: stalking

text: statute

text: in

text: Bailey

text: the

text: cyberstalking

text: statute

text: does

text: not

text: require

text: any

text: overt

text: action

text: such

text: as

text: following

text: the

text: victim

text: or

text: placing

text: the

text: victim

text: under

text: surveillance

text: in

text: addition

text: to

text: a

text: threat

text: As

text: a

text: result

text: defendant

text: maintains

text: that

text: the

text: cyberstalking

text: statute

text: criminalizes

text: speech

text: alone

text: and

text: is

text: thus

text: unconstitutionally

text: overbroad

text: However

text: defendant

text: misunderstands

text: our

text: supreme

text: court

text: s

text: analysis

text: in

text: Bailey

text: In

text: Bailey

text: our

text: supreme

text: court

text: did

text: not

text: hold

text: that

text: a

text: physical

text: act

text: in

text: addition

text: to

text: a

text: threat

text: was

text: a

text: prerequisite

text: to

text: survive

text: an

text: overbreadth

text: challenge

text: Rather

text: the

text: court

text: explained

text: The

text: element

text: of

text: a

text: threat

text: in

text: the

text: stalking

text: statute

text: is

text: an

text: integral

text: part

text: of

text: the

text: offense

text: The

text: offense

text: cannot

text: be

text: committed

text: without

text: the

text: initiation

text: of

text: the

text: threat

text: because

text: the

text: following

text: and

text: surveillance

text: requirements

text: can

text: only

text: be

text: met

text: after

text: a

text: threat

text: has

text: been

text: made

text: We

text: therefore

text: conclude

text: that

text: the

text: element

text: of

text: speech

text: in

text: the

text: stalking

text: statute

text: is

text: not

text: constitutionally

text: protected

text: Moreover

text: because

text: the

text: statute

text: only

text: encompasses

text: activities

text: performed

text: without

text: lawful

text: authority

text: we

text: find

text: that

text: it

text: does

text: not

text: implicate

text: any

text: other

text: constitutionally

text: protected

text: activity

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: this

text: case

text: the

text: element

text: of

text: a

text: threat

text: is

text: also

text: an

text: integral

text: part

text: of

text: the

text: offense

text: of

text: cyberstalking

text: Therefore

text: the

text: element

text: of

text: speech

text: in

text: the

text: cyberstalking

text: statute

text: the

text: threat

text: does

text: not

text: fall

text: within

text: the

text: protections

text: of

text: the

text: first

text: amendment

text: In

text: addition

text: our

text: supreme

text: court

text: noted

text: that

text: the

text: legislature

text: s

text: intent

text: in

text: enacting

text: statutes

text: such

text: as

text: the

text: stalking

text: statute

text: was

text: to

text: prevent

text: violent

text: attacks

text: by

text: allowing

text: the

text: police

text: to

text: act

text: before

text: the

text: victim

text: was

text: actually

text: injured

text: and

text: to

text: prevent

text: the

text: terror

text: produced

text: by

text: harassing

text: actions

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Our

text: supreme

text: court

text: explained

text: By

text: construing

text: the

text: statutes

text: to

text: proscribe

text: only

text: conduct

text: performed

text: without

text: lawful

text: authority

text: the

text: possibility

text: that

text: the

text: statutes

text: reach

text: innocent

text: conduct

text: is

text: also

text: avoided

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Further

text: defendant

text: s

text: hypothetical

text: scenarios

text: i

text: e

text: a

text: threatening

text: e

text: mail

text: sent

text: as

text: a

text: practical

text: joke

text: or

text: common

text: hyperbole

text: are

text: not

text: reasonable

text: demonstrations

text: of

text: constitutionally

text: protected

text: conduct

text: punishable

text: by

text: the

text: statute

text: The

text: punishable

text: behavior

text: is

text: narrowed

text: by

text: the

text: elements

text: of

text: the

text: cyberstalking

text: statute

text: such

text: that

text: the

text: defendant

text: must

text: knowingly

text: and

text: without

text: lawful

text: justification

text: specifically

text: intend

text: to

text: haras

text: s

text: the

text: victim

text: by

text: transmitting

text: the

text: threat

text: ILCS

text: West

text: Accordingly

text: no

text: first

text: amendment

text: concerns

text: are

text: at

text: issue

text: here

text: and

text: the

text: statute

text: is

text: not

text: void

text: for

text: overbreadth

text: Defendant

text: nonetheless

text: argues

text: that

text: the

text: cyberstalking

text: statute

text: as

text: applied

text: to

text: this

text: case

text: violated

text: his

text: right

text: to

text: free

text: speech

text: because

text: he

text: did

text: not

text: intend

text: his

text: statements

text: to

text: be

text: true

text: threats

text: which

text: are

text: excluded

text: from

text: first

text: amendment

text: protection

text: The

text: State

text: correctly

text: notes

text: that

text: defendant

text: s

text: as

text: applied

text: argument

text: does

text: not

text: present

text: a

text: viable

text: facial

text: challenge

text: that

text: would

text: result

text: in

text: the

text: wholesale

text: striking

text: of

text: the

text: cyberstalking

text: statute

text: as

text: unconstitutional

text: Rather

text: if

text: defendant

text: were

text: to

text: establish

text: that

text: his

text: statements

text: did

text: not

text: constitute

text: true

text: threats

text: within

text: the

text: meaning

text: of

text: the

text: statute

text: the

text: appropriate

text: remedy

text: would

text: be

text: to

text: vacate

text: his

text: sentence

text: and

text: conviction

text: for

text: cyberstalking

text: See

text: Watts

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: statute

text: prohibiting

text: threats

text: against

text: President

text: of

text: the

text: United

text: States

text: was

text: constitutional

text: on

text: its

text: face

text: however

text: the

text: defendant

text: s

text: political

text: hyperbole

text: did

text: not

text: fit

text: within

text: the

text: statutory

text: term

text: true

text: threat

text: and

text: the

text: defendant

text: was

text: to

text: be

text: acquitted

text: Defendant

text: relies

text: on

text: Virginia

text: v

text: Black

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: in

text: support

text: of

text: his

text: argument

text: that

text: a

text: subjective

text: approach

text: should

text: be

text: applied

text: to

text: determine

text: whether

text: his

text: statements

text: amounted

text: to

text: true

text: threats

text: In

text: Black

text: the

text: United

text: States

text: Supreme

text: Court

text: considered

text: the

text: constitutionality

text: of

text: a

text: Virginia

text: statute

text: making

text: it

text: a

text: criminal

text: offense

text: to

text: burn

text: a

text: cross

text: with

text: intent

text: to

text: intimidate

text: The

text: Court

text: invalidated

text: the

text: statute

text: on

text: first

text: amendment

text: grounds

text: but

text: the

text: justices

text: were

text: divided

text: on

text: the

text: rationale

text: Black

text: U

text: S

text: at

text: S

text: Ct

text: at

text: L

text: Ed

text: d

text: at

text: For

text: our

text: purposes

text: here

text: the

text: plurality

text: noted

text: that

text: the

text: first

text: amendment

text: does

text: not

text: preclude

text: restrictions

text: on

text: certain

text: categories

text: of

text: speech

text: having

text: little

text: or

text: no

text: social

text: value

text: and

text: threats

text: are

text: one

text: such

text: category

text: The

text: plurality

text: offered

text: a

text: new

text: definition

text: of

text: true

text: threats

text: True

text: threats

text: encompass

text: those

text: statements

text: where

text: the

text: speaker

text: means

text: to

text: communicate

text: a

text: serious

text: expression

text: of

text: an

text: intent

text: to

text: commit

text: an

text: act

text: of

text: unlawful

text: violence

text: to

text: a

text: particular

text: individual

text: or

text: group

text: of

text: individuals

text: Citations

text: The

text: speaker

text: need

text: not

text: actually

text: intend

text: to

text: carry

text: out

text: the

text: threat

text: Rather

text: a

text: prohibition

text: on

text: true

text: threats

text: protects

text: individuals

text: from

text: the

text: fear

text: of

text: violence

text: and

text: from

text: the

text: disruption

text: that

text: fear

text: engenders

text: in

text: addition

text: to

text: protecting

text: people

text: from

text: the

text: possibility

text: that

text: the

text: threatened

text: violence

text: will

text: occur

text: Citation

text: Intimidation

text: in

text: the

text: constitutionally

text: proscribable

text: sense

text: of

text: the

text: word

text: is

text: a

text: type

text: of

text: true

text: threat

text: where

text: a

text: speaker

text: directs

text: a

text: threat

text: to

text: a

text: person

text: or

text: group

text: of

text: persons

text: with

text: the

text: intent

text: of

text: placing

text: the

text: victim

text: in

text: fear

text: of

text: bodily

text: harm

text: or

text: death

text: Black

text: U

text: S

text: at

text: S

text: Ct

text: at

text: L

text: Ed

text: d

text: at

text: Defendant

text: notes

text: that

text: some

text: federal

text: courts

text: have

text: held

text: that

text: a

text: statement

text: qualifies

text: as

text: a

text: true

text: threat

text: only

text: if

text: the

text: speaker

text: subjectively

text: intended

text: it

text: as

text: a

text: threat

text: United

text: States

text: v

text: Parr

text: F

text: d

text: th

text: Cir

text: citing

text: United

text: States

text: v

text: Magleby

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Cassel

text: F

text: d

text: th

text: Cir

text: However

text: not

text: all

text: courts

text: have

text: agreed

text: that

text: Black

text: changed

text: the

text: test

text: for

text: true

text: threats

text: See

text: e

text: g

text: Porter

text: v

text: Ascension

text: Parish

text: School

text: Board

text: F

text: d

text: th

text: Cir

text: interpreting

text: Black

text: to

text: require

text: only

text: that

text: the

text: speaker

text: knowingly

text: made

text: the

text: statement

text: not

text: subjectively

text: intended

text: it

text: as

text: a

text: threat

text: This

text: court

text: has

text: previously

text: found

text: that

text: the

text: term

text: threat

text: implies

text: that

text: the

text: threatening

text: expression

text: has

text: a

text: reasonable

text: tendency

text: to

text: create

text: apprehension

text: that

text: its

text: originator

text: will

text: act

text: according

text: to

text: its

text: tenor

text: People

text: v

text: Zamudio

text: Ill

text: App

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: quoting

text: People

text: v

text: Maldonado

text: Ill

text: App

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: However

text: this

text: court

text: need

text: not

text: resolve

text: whether

text: the

text: Supreme

text: Court

text: in

text: Black

text: intended

text: to

text: add

text: a

text: subjective

text: intent

text: requirement

text: to

text: the

text: test

text: for

text: true

text: threats

text: in

text: order

text: to

text: address

text: the

text: constitutionality

text: of

text: the

text: cyberstalking

text: statute

text: As

text: previously

text: discussed

text: the

text: statute

text: was

text: intended

text: to

text: only

text: punish

text: conduct

text: performed

text: knowingly

text: and

text: without

text: lawful

text: justification

text: ILCS

text: West

text: The

text: State

text: must

text: prove

text: that

text: defendant

text: engaged

text: in

text: such

text: conduct

text: or

text: speech

text: that

text: was

text: not

text: constitutionally

text: protected

text: As

text: discussed

text: later

text: in

text: addressing

text: defendant

text: s

text: challenge

text: to

text: the

text: sufficiency

text: of

text: the

text: evidence

text: defendant

text: placed

text: his

text: subjective

text: intent

text: at

text: issue

text: by

text: arguing

text: that

text: his

text: statements

text: were

text: merely

text: spiritual

text: in

text: nature

text: rather

text: than

text: threats

text: The

text: trial

text: court

text: as

text: trier

text: of

text: fact

text: rejected

text: defendant

text: s

text: argument

text: and

text: determined

text: that

text: his

text: statements

text: were

text: clear

text: threats

text: directed

text: at

text: the

text: victim

text: Moreover

text: while

text: defendant

text: asserts

text: that

text: he

text: did

text: not

text: intend

text: to

text: actually

text: harm

text: the

text: victim

text: the

text: Supreme

text: Court

text: explained

text: in

text: Black

text: defendant

text: need

text: not

text: actually

text: intend

text: to

text: carry

text: out

text: the

text: threat

text: Black

text: U

text: S

text: at

text: S

text: Ct

text: at

text: L

text: Ed

text: d

text: at

text: Defendant

text: s

text: statements

text: in

text: this

text: case

text: clearly

text: fit

text: within

text: the

text: true

text: threat

text: requirement

text: of

text: the

text: cyberstalking

text: statute

text: B

text: Vagueness

text: Defendant

text: additionally

text: argues

text: that

text: the

text: cyberstalking

text: statute

text: is

text: unconstitutionally

text: vague

text: on

text: its

text: face

text: A

text: statute

text: is

text: void

text: for

text: vagueness

text: if

text: it

text: reaches

text: a

text: substantial

text: amount

text: of

text: constitutionally

text: protected

text: conduct

text: City

text: of

text: Chicago

text: v

text: Pooh

text: Bah

text: Enterprises

text: Inc

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: To

text: prevail

text: on

text: a

text: vagueness

text: challenge

text: the

text: challenger

text: must

text: demonstrate

text: that

text: a

text: person

text: of

text: ordinary

text: intelligence

text: would

text: not

text: have

text: a

text: reasonable

text: opportunity

text: to

text: understand

text: what

text: conduct

text: the

text: statute

text: prohibits

text: or

text: the

text: statute

text: authorizes

text: or

text: encourages

text: arbitrary

text: enforcement

text: Hill

text: v

text: Colorado

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: We

text: find

text: that

text: defendant

text: failed

text: to

text: demonstrate

text: that

text: the

text: cyberstalking

text: statute

text: is

text: vague

text: Because

text: the

text: analyses

text: for

text: facial

text: overbreadth

text: and

text: vagueness

text: challenges

text: are

text: akin

text: and

text: we

text: previously

text: determined

text: in

text: his

text: overbreadth

text: challenge

text: that

text: defendant

text: failed

text: to

text: demonstrate

text: that

text: the

text: cyberstalking

text: statute

text: punished

text: a

text: substantial

text: amount

text: of

text: protected

text: speech

text: defendant

text: also

text: cannot

text: present

text: a

text: successful

text: vagueness

text: argument

text: See

text: People

text: v

text: Butler

text: Ill

text: App

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: holding

text: the

text: Illinois

text: witness

text: harassment

text: statute

text: was

text: not

text: unconstitutionally

text: overbroad

text: or

text: vague

text: on

text: its

text: face

text: Nevertheless

text: we

text: also

text: find

text: that

text: defendant

text: cannot

text: demonstrate

text: that

text: the

text: cyberstalking

text: statute

text: fails

text: to

text: provide

text: citizens

text: with

text: adequate

text: notice

text: or

text: leads

text: to

text: arbitrary

text: enforcement

text: Specifically

text: defendant

text: asserts

text: that

text: citizens

text: are

text: not

text: apprised

text: of

text: the

text: prohibited

text: conduct

text: and

text: arbitrary

text: enforcement

text: results

text: where

text: the

text: legislature

text: did

text: not

text: precisely

text: define

text: a

text: standard

text: by

text: which

text: to

text: judge

text: emotional

text: distress

text: or

text: mental

text: anguish

text: caused

text: by

text: a

text: statement

text: that

text: alarms

text: torments

text: or

text: terrorizes

text: the

text: victim

text: See

text: ILCS

text: West

text: Defendant

text: relies

text: on

text: Coates

text: v

text: City

text: of

text: Cincinnati

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: in

text: support

text: of

text: his

text: argument

text: However

text: the

text: present

text: case

text: is

text: distinguishable

text: In

text: Coates

text: the

text: United

text: States

text: Supreme

text: Court

text: held

text: that

text: a

text: statute

text: criminalizing

text: situations

text: where

text: three

text: or

text: more

text: people

text: annoyed

text: any

text: police

text: officer

text: or

text: passerby

text: while

text: standing

text: on

text: a

text: sidewalk

text: or

text: street

text: corner

text: was

text: unconstitutionally

text: vague

text: because

text: the

text: proscribed

text: conduct

text: annoying

text: an

text: officer

text: or

text: passerby

text: without

text: more

text: amounted

text: to

text: no

text: standard

text: of

text: conduct

text: specified

text: at

text: all

text: Coates

text: U

text: S

text: at

text: S

text: Ct

text: at

text: L

text: Ed

text: d

text: at

text: In

text: contrast

text: the

text: scope

text: of

text: punishable

text: conduct

text: under

text: the

text: instant

text: statute

text: is

text: limited

text: by

text: the

text: individual

text: s

text: specified

text: intent

text: to

text: haras

text: s

text: by

text: communicating

text: a

text: threat

text: so

text: as

text: to

text: engage

text: in

text: a

text: knowing

text: and

text: willful

text: course

text: of

text: conduct

text: directed

text: at

text: the

text: victim

text: that

text: alarms

text: torments

text: or

text: terrorizes

text: the

text: victim

text: See

text: ILCS

text: West

text: While

text: the

text: legislature

text: framed

text: the

text: prohibited

text: result

text: in

text: general

text: terms

text: of

text: causing

text: alarm

text: torment

text: or

text: terror

text: it

text: is

text: well

text: settled

text: that

text: i

text: mpossible

text: standards

text: of

text: specificity

text: are

text: not

text: required

text: Butler

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: quoting

text: People

text: v

text: Parkins

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: quoting

text: People

text: v

text: Schwartz

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: We

text: determine

text: that

text: application

text: of

text: the

text: ordinary

text: meaning

text: of

text: the

text: statutory

text: language

text: and

text: recognition

text: of

text: the

text: evil

text: the

text: statute

text: intends

text: to

text: prevent

text: i

text: e

text: to

text: prevent

text: violent

text: attacks

text: by

text: allowing

text: the

text: police

text: to

text: act

text: before

text: the

text: victim

text: is

text: actually

text: injured

text: and

text: to

text: prevent

text: the

text: terror

text: produced

text: by

text: harassing

text: actions

text: see

text: Bailey

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: provides

text: adequate

text: notice

text: and

text: prevents

text: arbitrary

text: enforcement

text: See

text: Butler

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Accordingly

text: we

text: conclude

text: that

text: the

text: cyberstalking

text: statute

text: is

text: not

text: unconstitutionally

text: vague

text: on

text: its

text: face

text: C

text: One

text: Act

text: One

text: Crime

text: Rule

text: Defendant

text: next

text: argues

text: that

text: this

text: court

text: should

text: vacate

text: his

text: conviction

text: for

text: harassment

text: through

text: electronic

text: communication

text: where

text: that

text: conviction

text: was

text: based

text: on

text: the

text: same

text: act

text: used

text: to

text: support

text: his

text: conviction

text: for

text: cyberstalking

text: in

text: violation

text: of

text: the

text: one

text: act

text: one

text: crime

text: rule

text: announced

text: in

text: People

text: v

text: King

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: King

text: the

text: supreme

text: court

text: stated

text: Prejudice

text: results

text: to

text: the

text: defendant

text: only

text: in

text: those

text: instances

text: where

text: more

text: than

text: one

text: offense

text: is

text: carved

text: from

text: the

text: same

text: physical

text: act

text: Prejudice

text: with

text: regard

text: to

text: multiple

text: acts

text: exists

text: only

text: when

text: the

text: defendant

text: is

text: convicted

text: of

text: more

text: than

text: one

text: offense

text: some

text: of

text: which

text: are

text: by

text: definition

text: lesser

text: included

text: offenses

text: Multiple

text: convictions

text: and

text: concurrent

text: sentences

text: should

text: be

text: permitted

text: in

text: all

text: other

text: cases

text: where

text: a

text: defendant

text: has

text: committed

text: several

text: acts

text: despite

text: the

text: interrelationship

text: of

text: those

text: acts

text: Act

text: when

text: used

text: in

text: this

text: sense

text: is

text: intended

text: to

text: mean

text: any

text: overt

text: or

text: outward

text: manifestation

text: which

text: will

text: support

text: a

text: different

text: offense

text: We

text: hold

text: therefore

text: that

text: when

text: more

text: than

text: one

text: offense

text: arises

text: from

text: a

text: series

text: of

text: incidental

text: or

text: closely

text: related

text: acts

text: and

text: the

text: offenses

text: are

text: not

text: by

text: definition

text: lesser

text: included

text: offenses

text: convictions

text: with

text: concurrent

text: sentences

text: can

text: be

text: entered

text: King

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: King

text: case

text: was

text: reaffirmed

text: and

text: clarified

text: by

text: our

text: supreme

text: court

text: in

text: People

text: v

text: Rodriguez

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: Rodriguez

text: the

text: court

text: noted

text: that

text: under

text: King

text: a

text: court

text: first

text: must

text: determine

text: whether

text: a

text: defendant

text: s

text: conduct

text: consists

text: of

text: one

text: act

text: or

text: several

text: acts

text: Multiple

text: convictions

text: are

text: improper

text: if

text: they

text: are

text: based

text: on

text: precisely

text: the

text: same

text: physical

text: act

text: If

text: the

text: defendant

text: s

text: conduct

text: is

text: based

text: on

text: more

text: than

text: one

text: physical

text: act

text: a

text: court

text: must

text: then

text: determine

text: whether

text: any

text: of

text: the

text: offenses

text: are

text: lesser

text: included

text: offenses

text: If

text: they

text: are

text: then

text: multiple

text: convictions

text: are

text: improper

text: Rodriguez

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: court

text: held

text: that

text: convictions

text: for

text: both

text: aggravated

text: criminal

text: sexual

text: assault

text: and

text: home

text: invasion

text: were

text: proper

text: where

text: the

text: defendant

text: committed

text: multiple

text: acts

text: despite

text: the

text: interrelationship

text: of

text: those

text: acts

text: Rodriguez

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: People

text: v

text: Artis

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: our

text: supreme

text: court

text: held

text: that

text: it

text: would

text: not

text: abandon

text: the

text: one

text: act

text: one

text: crime

text: rule

text: announced

text: in

text: King

text: In

text: so

text: doing

text: the

text: court

text: noted

text: that

text: it

text: has

text: found

text: a

text: one

text: act

text: one

text: crime

text: violation

text: to

text: qualify

text: for

text: review

text: under

text: the

text: second

text: prong

text: of

text: the

text: plain

text: error

text: rule

text: Artis

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: court

text: explained

text: Under

text: that

text: portion

text: of

text: the

text: rule

text: a

text: court

text: may

text: disregard

text: forfeiture

text: where

text: a

text: clear

text: or

text: obvious

text: error

text: occurs

text: and

text: that

text: error

text: is

text: so

text: serious

text: that

text: it

text: affected

text: the

text: fairness

text: of

text: the

text: defendant

text: s

text: trial

text: and

text: challenged

text: the

text: integrity

text: of

text: the

text: judicial

text: process

text: Citation

text: The

text: second

text: prong

text: of

text: the

text: plain

text: error

text: rule

text: is

text: invoked

text: only

text: in

text: those

text: exceptional

text: circumstances

text: where

text: despite

text: the

text: absence

text: of

text: objection

text: application

text: of

text: the

text: rule

text: is

text: necessary

text: to

text: preserve

text: the

text: integrity

text: and

text: reputation

text: of

text: the

text: judicial

text: process

text: Artis

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: quoting

text: People

text: v

text: Harvey

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: Recently

text: in

text: People

text: v

text: Nunez

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: our

text: supreme

text: court

text: citing

text: Artis

text: held

text: that

text: forfeited

text: one

text: act

text: one

text: crime

text: arguments

text: are

text: properly

text: reviewed

text: under

text: the

text: second

text: prong

text: of

text: the

text: plain

text: error

text: rule

text: because

text: they

text: implicate

text: the

text: integrity

text: of

text: the

text: judicial

text: process

text: Accordingly

text: while

text: defendant

text: in

text: this

text: case

text: forfeited

text: his

text: one

text: act

text: one

text: crime

text: argument

text: for

text: review

text: by

text: failing

text: to

text: object

text: or

text: include

text: the

text: issue

text: in

text: a

text: posttrial

text: motion

text: we

text: will

text: consider

text: defendant

text: s

text: argument

text: under

text: the

text: plain

text: error

text: rule

text: Defendant

text: was

text: charged

text: and

text: convicted

text: of

text: cyberstalking

text: ILCS

text: a

text: West

text: a

text: Class

text: offense

text: based

text: on

text: two

text: e

text: mails

text: sent

text: to

text: the

text: victim

text: on

text: March

text: containing

text: the

text: threats

text: that

text: he

text: will

text: kill

text: himself

text: and

text: take

text: her

text: with

text: him

text: and

text: that

text: the

text: victim

text: killed

text: his

text: heart

text: and

text: he

text: will

text: get

text: even

text: Defendant

text: was

text: also

text: charged

text: and

text: convicted

text: of

text: harassment

text: through

text: electronic

text: communication

text: ILCS

text: a

text: West

text: a

text: Class

text: offense

text: based

text: on

text: the

text: e

text: mail

text: sent

text: to

text: the

text: victim

text: containing

text: the

text: threat

text: that

text: he

text: will

text: kill

text: himself

text: and

text: take

text: her

text: with

text: him

text: There

text: is

text: no

text: separate

text: act

text: in

text: this

text: case

text: In

text: one

text: instance

text: the

text: e

text: mail

text: threatening

text: to

text: kill

text: himself

text: and

text: take

text: the

text: victim

text: with

text: him

text: is

text: combined

text: with

text: a

text: second

text: e

text: mail

text: to

text: constitute

text: cyberstalking

text: and

text: in

text: the

text: other

text: it

text: is

text: the

text: same

text: e

text: mail

text: threatening

text: to

text: kill

text: himself

text: and

text: take

text: the

text: victim

text: with

text: him

text: to

text: create

text: a

text: separate

text: offense

text: of

text: harassment

text: through

text: electronic

text: communication

text: We

text: hold

text: that

text: the

text: one

text: act

text: one

text: crime

text: rule

text: applies

text: to

text: these

text: convictions

text: Therefore

text: the

text: separate

text: conviction

text: for

text: harassment

text: through

text: electronic

text: communication

text: is

text: reversed

text: and

text: the

text: sentence

text: vacated

text: D

text: Sufficiency

text: of

text: the

text: Evidence

text: Defendant

text: also

text: argues

text: that

text: the

text: State

text: failed

text: to

text: prove

text: him

text: guilty

text: of

text: cyberstalking

text: and

text: stalking

text: beyond

text: a

text: reasonable

text: doubt

text: When

text: reviewing

text: the

text: sufficiency

text: of

text: the

text: evidence

text: this

text: court

text: must

text: determine

text: whether

text: after

text: viewing

text: the

text: evidence

text: in

text: the

text: light

text: most

text: favorable

text: to

text: the

text: prosecution

text: any

text: rational

text: trier

text: of

text: fact

text: could

text: have

text: found

text: the

text: essential

text: elements

text: of

text: the

text: crime

text: beyond

text: a

text: reasonable

text: doubt

text: Emphasis

text: in

text: original

text: Citations

text: People

text: v

text: Cardamone

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: It

text: is

text: not

text: this

text: court

text: s

text: function

text: to

text: retry

text: the

text: defendant

text: or

text: substitute

text: our

text: judgment

text: for

text: that

text: of

text: the

text: trier

text: of

text: fact

text: People

text: v

text: Evans

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: Rather

text: the

text: trier

text: of

text: fact

text: assesses

text: the

text: credibility

text: of

text: the

text: witnesses

text: determines

text: the

text: appropriate

text: weight

text: of

text: the

text: testimony

text: and

text: resolves

text: conflicts

text: or

text: inconsistencies

text: in

text: the

text: evidence

text: Evans

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: order

text: to

text: overturn

text: the

text: trial

text: court

text: s

text: judgment

text: the

text: evidence

text: must

text: be

text: so

text: improbable

text: or

text: unsatisfactory

text: as

text: to

text: raise

text: a

text: reasonable

text: doubt

text: as

text: to

text: the

text: defendant

text: s

text: guilt

text: People

text: v

text: Graham

text: Ill

text: App

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: To

text: be

text: convicted

text: of

text: cyberstalking

text: the

text: State

text: must

text: prove

text: that

text: the

text: defendant

text: on

text: at

text: least

text: two

text: separate

text: occasions

text: harassed

text: the

text: victim

text: through

text: the

text: use

text: of

text: electronic

text: communication

text: by

text: transmitting

text: a

text: threat

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: The

text: cyberstalking

text: statute

text: defines

text: harassment

text: as

text: a

text: knowing

text: and

text: willful

text: course

text: of

text: conduct

text: that

text: alarms

text: torments

text: or

text: terrorizes

text: the

text: victim

text: ILCS

text: West

text: Defendant

text: contends

text: that

text: the

text: State

text: failed

text: to

text: prove

text: that

text: defendant

text: s

text: statements

text: included

text: two

text: instances

text: of

text: threats

text: of

text: either

text: future

text: or

text: immediate

text: bodily

text: harm

text: and

text: that

text: the

text: victim

text: was

text: alarmed

text: tormented

text: or

text: terrorized

text: where

text: she

text: did

text: not

text: immediately

text: call

text: police

text: after

text: receiving

text: the

text: e

text: mails

text: from

text: defendant

text: Viewing

text: the

text: evidence

text: in

text: the

text: light

text: most

text: favorable

text: to

text: the

text: State

text: we

text: find

text: that

text: the

text: State

text: satisfied

text: its

text: burden

text: The

text: evidence

text: at

text: trial

text: established

text: that

text: on

text: March

text: at

text: a

text: m

text: defendant

text: sent

text: the

text: victim

text: an

text: e

text: mail

text: in

text: which

text: inter

text: alia

text: defendant

text: stated

text: I

text: will

text: commit

text: suicide

text: my

text: life

text: will

text: vanish

text: or

text: I

text: will

text: do

text: suicide

text: and

text: I

text: will

text: take

text: you

text: with

text: me

text: Defendant

text: sent

text: the

text: victim

text: a

text: second

text: e

text: mail

text: at

text: a

text: m

text: stating

text: You

text: killed

text: my

text: heart

text: I

text: will

text: get

text: even

text: I

text: am

text: so

text: desperate

text: I

text: do

text: not

text: mind

text: dying

text: as

text: of

text: now

text: Try

text: me

text: The

text: e

text: mail

text: ended

text: with

text: the

text: word

text: Killer

text: The

text: State

text: also

text: presented

text: evidence

text: that

text: defendant

text: left

text: the

text: victim

text: several

text: voice

text: mail

text: phone

text: messages

text: in

text: which

text: defendant

text: inter

text: alia

text: directed

text: the

text: victim

text: to

text: check

text: her

text: e

text: mail

text: and

text: stated

text: I

text: m

text: dead

text: I

text: m

text: a

text: dead

text: person

text: without

text: you

text: and

text: your

text: son

text: So

text: I

text: will

text: take

text: you

text: with

text: me

text: I

text: need

text: you

text: with

text: me

text: in

text: heaven

text: okay

text: The

text: victim

text: also

text: testified

text: that

text: defendant

text: attempted

text: to

text: break

text: into

text: her

text: apartment

text: on

text: January

text: The

text: victim

text: s

text: neighbors

text: testified

text: that

text: on

text: the

text: evening

text: of

text: February

text: they

text: observed

text: defendant

text: in

text: the

text: hallway

text: of

text: the

text: victim

text: s

text: apartment

text: building

text: and

text: saw

text: defendant

text: caressing

text: the

text: door

text: The

text: victim

text: s

text: neighbors

text: testified

text: that

text: they

text: asked

text: defendant

text: to

text: leave

text: the

text: building

text: two

text: separate

text: times

text: and

text: called

text: police

text: The

text: victim

text: testified

text: on

text: that

text: date

text: February

text: the

text: air

text: was

text: let

text: out

text: of

text: her

text: car

text: s

text: tires

text: and

text: she

text: received

text: voice

text: mail

text: phone

text: messages

text: from

text: the

text: defendant

text: acknowledging

text: that

text: he

text: flattened

text: her

text: tires

text: The

text: victim

text: further

text: testified

text: that

text: defendant

text: s

text: voice

text: mail

text: messages

text: e

text: mails

text: and

text: the

text: January

text: attempted

text: break

text: in

text: made

text: her

text: feel

text: scared

text: and

text: threatened

text: While

text: defendant

text: argues

text: that

text: his

text: e

text: mails

text: referred

text: to

text: threatening

text: to

text: report

text: the

text: victim

text: for

text: insurance

text: fraud

text: which

text: did

text: not

text: amount

text: to

text: physical

text: harm

text: defendant

text: s

text: e

text: mails

text: also

text: contained

text: statements

text: indicating

text: that

text: he

text: would

text: cause

text: the

text: victim

text: bodily

text: harm

text: In

text: this

text: context

text: the

text: trial

text: court

text: assessed

text: the

text: credibility

text: of

text: the

text: witnesses

text: and

text: rejected

text: defendant

text: s

text: testimony

text: that

text: his

text: statements

text: were

text: merely

text: spiritual

text: in

text: nature

text: We

text: find

text: that

text: the

text: evidence

text: was

text: not

text: so

text: improbable

text: or

text: unsatisfactory

text: as

text: to

text: raise

text: a

text: reasonable

text: doubt

text: as

text: to

text: the

text: defendant

text: s

text: guilt

text: of

text: cyberstalking

text: Graham

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Defendant

text: also

text: contends

text: that

text: the

text: evidence

text: was

text: insufficient

text: to

text: support

text: his

text: conviction

text: for

text: stalking

text: where

text: the

text: State

text: failed

text: to

text: prove

text: that

text: defendant

text: on

text: two

text: separate

text: occasions

text: placed

text: the

text: victim

text: under

text: surveillance

text: The

text: stalking

text: statute

text: in

text: effect

text: at

text: the

text: time

text: provided

text: as

text: follows

text: a

text: A

text: person

text: commits

text: stalking

text: when

text: he

text: or

text: she

text: knowingly

text: and

text: without

text: lawful

text: justification

text: on

text: at

text: least

text: separate

text: occasions

text: follows

text: another

text: person

text: or

text: places

text: the

text: person

text: under

text: surveillance

text: or

text: any

text: combination

text: thereof

text: and

text: at

text: any

text: time

text: transmits

text: a

text: threat

text: to

text: that

text: person

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: or

text: places

text: that

text: person

text: in

text: reasonable

text: apprehension

text: of

text: immediate

text: of

text: future

text: bodily

text: harm

text: sexual

text: assault

text: confinement

text: or

text: restraint

text: ILCS

text: a

text: a

text: West

text: The

text: statute

text: also

text: specifies

text: that

text: one

text: places

text: a

text: person

text: under

text: surveillance

text: by

text: remaining

text: present

text: outside

text: the

text: person

text: s

text: school

text: place

text: of

text: employment

text: vehicle

text: other

text: place

text: occupied

text: by

text: the

text: person

text: or

text: residence

text: other

text: than

text: the

text: residence

text: of

text: the

text: defendant

text: ILCS

text: d

text: West

text: Defendant

text: argues

text: that

text: his

text: actions

text: on

text: January

text: and

text: February

text: did

text: not

text: constitute

text: placing

text: Stern

text: under

text: surveillance

text: because

text: he

text: did

text: not

text: remain

text: present

text: outside

text: her

text: residence

text: Defendant

text: maintains

text: that

text: he

text: merely

text: went

text: to

text: Stern

text: s

text: residence

text: where

text: he

text: formerly

text: resided

text: and

text: that

text: there

text: was

text: no

text: evidence

text: that

text: the

text: victim

text: was

text: inside

text: of

text: her

text: residence

text: on

text: February

text: This

text: court

text: considered

text: a

text: similar

text: argument

text: in

text: People

text: v

text: Daniel

text: Ill

text: App

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: Daniel

text: the

text: defendant

text: challenged

text: his

text: aggravated

text: stalking

text: conviction

text: contending

text: that

text: he

text: did

text: not

text: remain

text: present

text: outside

text: the

text: victim

text: s

text: place

text: of

text: employment

text: Daniel

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: evidence

text: revealed

text: that

text: the

text: defendant

text: entered

text: the

text: victim

text: s

text: workplace

text: threatened

text: her

text: threatened

text: to

text: damage

text: her

text: vehicle

text: and

text: ranted

text: for

text: approximately

text: minutes

text: After

text: he

text: left

text: the

text: building

text: where

text: the

text: victim

text: worked

text: the

text: defendant

text: crossed

text: the

text: street

text: walked

text: to

text: the

text: rear

text: of

text: the

text: victim

text: s

text: car

text: hit

text: the

text: window

text: and

text: then

text: departed

text: Daniel

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: court

text: found

text: two

text: distinct

text: bases

text: to

text: uphold

text: the

text: defendant

text: s

text: conviction

text: based

text: on

text: the

text: defendant

text: s

text: actions

text: both

text: inside

text: and

text: outside

text: the

text: victim

text: s

text: place

text: of

text: employment

text: Daniel

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: court

text: held

text: that

text: the

text: defendant

text: violated

text: the

text: stalking

text: statute

text: by

text: remaining

text: outside

text: the

text: victim

text: s

text: place

text: of

text: employment

text: even

text: for

text: a

text: brief

text: period

text: because

text: of

text: the

text: nature

text: of

text: his

text: actions

text: actions

text: that

text: the

text: stalking

text: statute

text: was

text: designed

text: to

text: prohibit

text: and

text: that

text: established

text: that

text: he

text: was

text: no

text: mere

text: passerby

text: Daniel

text: Ill

text: App

text: d

text: at

text: n

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: court

text: explained

text: We

text: discern

text: no

text: statutory

text: intent

text: to

text: set

text: a

text: minimum

text: amount

text: of

text: time

text: a

text: defendant

text: must

text: remain

text: in

text: the

text: vicinity

text: of

text: his

text: victim

text: s

text: building

text: before

text: coming

text: within

text: the

text: ambit

text: of

text: the

text: stalking

text: statute

text: Thus

text: although

text: remain

text: has

text: a

text: temporal

text: connotation

text: there

text: is

text: no

text: basis

text: for

text: concluding

text: that

text: a

text: defendant

text: must

text: stop

text: stay

text: or

text: wait

text: for

text: a

text: set

text: period

text: of

text: time

text: before

text: his

text: behavior

text: is

text: deemed

text: to

text: be

text: surveillance

text: under

text: the

text: stalking

text: statute

text: Daniel

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: court

text: further

text: stated

text: Although

text: this

text: is

text: not

text: the

text: paradigmatic

text: case

text: where

text: a

text: stalker

text: lies

text: in

text: wait

text: for

text: his

text: victim

text: there

text: is

text: no

text: basis

text: for

text: concluding

text: that

text: the

text: legislature

text: meant

text: to

text: exempt

text: this

text: sort

text: of

text: conduct

text: from

text: the

text: stalking

text: statute

text: Daniel

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: holding

text: in

text: Daniel

text: was

text: followed

text: and

text: further

text: explained

text: by

text: this

text: court

text: in

text: People

text: v

text: Curtis

text: Ill

text: App

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: Curtis

text: this

text: court

text: found

text: that

text: the

text: evidence

text: was

text: sufficient

text: to

text: show

text: that

text: the

text: defendant

text: placed

text: the

text: victim

text: under

text: surveillance

text: as

text: required

text: for

text: aggravated

text: stalking

text: The

text: defendant

text: had

text: called

text: the

text: victim

text: and

text: warned

text: her

text: that

text: when

text: he

text: returned

text: to

text: jail

text: it

text: would

text: be

text: for

text: something

text: more

text: serious

text: went

text: to

text: the

text: victim

text: s

text: house

text: called

text: and

text: threatened

text: to

text: kill

text: the

text: victim

text: if

text: she

text: did

text: not

text: let

text: him

text: see

text: their

text: child

text: The

text: defendant

text: told

text: the

text: victim

text: that

text: he

text: would

text: return

text: her

text: leather

text: jackets

text: that

text: he

text: stole

text: from

text: her

text: house

text: if

text: she

text: let

text: him

text: see

text: their

text: child

text: and

text: dictated

text: a

text: time

text: and

text: place

text: to

text: meet

text: At

text: the

text: meeting

text: the

text: defendant

text: waved

text: at

text: the

text: victim

text: walked

text: toward

text: her

text: car

text: and

text: motioned

text: for

text: her

text: to

text: come

text: to

text: him

text: but

text: defendant

text: did

text: not

text: have

text: the

text: leather

text: jackets

text: Curtis

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: court

text: followed

text: the

text: holding

text: in

text: Daniel

text: that

text: there

text: was

text: no

text: minimum

text: period

text: of

text: time

text: that

text: defendant

text: was

text: required

text: to

text: remain

text: present

text: outside

text: the

text: victim

text: s

text: car

text: or

text: that

text: he

text: was

text: required

text: to

text: stop

text: stay

text: or

text: wait

text: for

text: a

text: set

text: period

text: of

text: time

text: outside

text: the

text: car

text: in

text: order

text: for

text: his

text: actions

text: to

text: constitute

text: surveillance

text: Curtis

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: court

text: again

text: explained

text: that

text: the

text: stalking

text: statute

text: encompasses

text: more

text: than

text: incidents

text: in

text: which

text: a

text: stalker

text: laid

text: in

text: wait

text: for

text: his

text: victim

text: This

text: court

text: explained

text: The

text: legislature

text: enacted

text: this

text: statute

text: to

text: prevent

text: violent

text: attacks

text: on

text: victims

text: by

text: prohibiting

text: the

text: conduct

text: that

text: precedes

text: them

text: and

text: by

text: allowing

text: the

text: police

text: to

text: act

text: before

text: the

text: victim

text: is

text: actually

text: injured

text: Curtis

text: Ill

text: App

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: We

text: agree

text: with

text: Daniel

text: and

text: Curtis

text: and

text: conclude

text: that

text: there

text: was

text: no

text: minimum

text: period

text: of

text: time

text: that

text: defendant

text: was

text: required

text: to

text: remain

text: present

text: outside

text: the

text: victim

text: s

text: apartment

text: on

text: January

text: or

text: February

text: Additionally

text: defendant

text: s

text: conduct

text: was

text: not

text: the

text: sort

text: of

text: innocent

text: behavior

text: of

text: a

text: mere

text: visitor

text: as

text: he

text: suggests

text: Rather

text: the

text: evidence

text: showed

text: that

text: on

text: January

text: defendant

text: attempted

text: to

text: break

text: into

text: the

text: victim

text: s

text: apartment

text: through

text: her

text: back

text: door

text: and

text: yelled

text: obscenities

text: at

text: her

text: On

text: February

text: the

text: victim

text: s

text: neighbors

text: observed

text: defendant

text: on

text: two

text: separate

text: occasions

text: in

text: the

text: hallway

text: outside

text: of

text: the

text: victim

text: s

text: apartment

text: The

text: victim

text: s

text: neighbors

text: testified

text: that

text: defendant

text: caressed

text: the

text: victim

text: s

text: door

text: and

text: would

text: not

text: leave

text: until

text: they

text: told

text: him

text: they

text: were

text: calling

text: the

text: police

text: As

text: to

text: defendant

text: s

text: argument

text: that

text: the

text: State

text: failed

text: to

text: prove

text: that

text: the

text: victim

text: was

text: inside

text: her

text: residence

text: on

text: February

text: we

text: find

text: this

text: to

text: be

text: immaterial

text: Section

text: d

text: provides

text: that

text: one

text: places

text: a

text: person

text: under

text: surveillance

text: by

text: remaining

text: present

text: outside

text: the

text: person

text: s

text: school

text: place

text: of

text: employment

text: vehicle

text: other

text: place

text: occupied

text: by

text: the

text: person

text: or

text: residence

text: other

text: than

text: the

text: residence

text: of

text: the

text: defendant

text: Emphasis

text: added

text: ILCS

text: d

text: West

text: A

text: plain

text: reading

text: of

text: the

text: phrase

text: occupied

text: by

text: the

text: person

text: demonstrates

text: that

text: it

text: applies

text: only

text: to

text: the

text: words

text: preceding

text: it

text: other

text: place

text: It

text: is

text: not

text: applicable

text: to

text: the

text: victim

text: s

text: school

text: place

text: of

text: employment

text: vehicle

text: or

text: residence

text: Therefore

text: we

text: will

text: not

text: depart

text: from

text: the

text: plain

text: language

text: of

text: the

text: statute

text: by

text: reading

text: into

text: it

text: exceptions

text: limitations

text: or

text: conditions

text: that

text: conflict

text: with

text: the

text: expressed

text: intent

text: See

text: People

text: v

text: Cardamone

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: Defendant

text: further

text: argues

text: that

text: the

text: State

text: failed

text: to

text: prove

text: that

text: defendant

text: placed

text: the

text: victim

text: in

text: reasonable

text: apprehension

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: confinement

text: or

text: restraint

text: pursuant

text: to

text: section

text: a

text: of

text: the

text: stalking

text: statute

text: ILCS

text: a

text: West

text: However

text: the

text: record

text: shows

text: that

text: defendant

text: was

text: charged

text: with

text: stalking

text: pursuant

text: to

text: section

text: a

text: of

text: the

text: statute

text: which

text: requires

text: the

text: State

text: to

text: show

text: that

text: the

text: defendant

text: at

text: any

text: time

text: transmit

text: ted

text: a

text: threat

text: of

text: immediate

text: or

text: future

text: bodily

text: harm

text: ILCS

text: a

text: West

text: The

text: evidence

text: at

text: trial

text: showed

text: that

text: defendant

text: left

text: the

text: victim

text: several

text: voice

text: mail

text: phone

text: messages

text: threatening

text: to

text: kill

text: her

text: Accordingly

text: defendant

text: s

text: argument

text: is

text: without

text: merit

text: E

text: Krankel

text: Inquiry

text: Defendant

text: next

text: contends

text: that

text: the

text: circuit

text: court

text: failed

text: to

text: conduct

text: any

text: inquiry

text: into

text: his

text: pro

text: se

text: allegations

text: of

text: ineffective

text: assistance

text: of

text: trial

text: counsel

text: as

text: required

text: by

text: People

text: v

text: Krankel

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: Defendant

text: requests

text: that

text: the

text: matter

text: be

text: remanded

text: to

text: the

text: circuit

text: court

text: for

text: an

text: inquiry

text: into

text: defendant

text: s

text: ineffective

text: assistance

text: claims

text: In

text: Krankel

text: the

text: defendant

text: s

text: trial

text: counsel

text: did

text: not

text: contact

text: an

text: alibi

text: witness

text: or

text: present

text: an

text: affirmative

text: alibi

text: defense

text: at

text: trial

text: The

text: defendant

text: raised

text: a

text: pro

text: se

text: posttrial

text: challenge

text: to

text: his

text: attorney

text: s

text: competence

text: at

text: trial

text: Our

text: supreme

text: court

text: held

text: that

text: the

text: trial

text: court

text: should

text: have

text: appointed

text: alternative

text: counsel

text: to

text: represent

text: the

text: defendant

text: at

text: the

text: posttrial

text: hearing

text: regarding

text: his

text: claim

text: of

text: ineffective

text: assistance

text: of

text: trial

text: counsel

text: The

text: court

text: remanded

text: the

text: matter

text: for

text: a

text: new

text: hearing

text: on

text: the

text: defendant

text: s

text: motion

text: with

text: newly

text: appointed

text: counsel

text: Krankel

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: In

text: People

text: v

text: Moore

text: Ill

text: d

text: Ill

text: Dec

text: N

text: E

text: d

text: our

text: supreme

text: court

text: further

text: explained

text: the

text: procedures

text: that

text: trial

text: courts

text: should

text: use

text: to

text: resolve

text: pro

text: se

text: claims

text: of

text: ineffectiveness

text: of

text: counsel

text: The

text: trial

text: court

text: is

text: not

text: required

text: to

text: automatically

text: appoint

text: new

text: counsel

text: in

text: every

text: case

text: rather

text: the

text: trial

text: court

text: should

text: evaluate

text: the

text: factual

text: basis

text: of

text: the

text: defendant

text: s

text: claim

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: The

text: operative

text: concern

text: for

text: the

text: reviewing

text: court

text: is

text: whether

text: the

text: trial

text: court

text: conducted

text: an

text: adequate

text: inquiry

text: into

text: the

text: defendant

text: s

text: pro

text: se

text: allegations

text: of

text: ineffective

text: assistance

text: of

text: counsel

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: This

text: inquiry

text: can

text: be

text: accomplished

text: in

text: several

text: ways

text: The

text: trial

text: court

text: could

text: simply

text: ask

text: the

text: trial

text: counsel

text: about

text: the

text: circumstances

text: surrounding

text: the

text: claim

text: or

text: ask

text: defendant

text: questions

text: about

text: his

text: claim

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Alternatively

text: the

text: trial

text: court

text: can

text: base

text: its

text: determination

text: on

text: its

text: personal

text: knowledge

text: of

text: defense

text: counsel

text: s

text: performance

text: at

text: trial

text: or

text: on

text: the

text: facial

text: insufficiency

text: of

text: defendant

text: s

text: allegations

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: If

text: the

text: trial

text: court

text: determines

text: that

text: the

text: claim

text: lacks

text: merit

text: or

text: pertains

text: only

text: to

text: matters

text: of

text: trial

text: strategy

text: then

text: the

text: court

text: need

text: not

text: appoint

text: new

text: counsel

text: and

text: may

text: deny

text: the

text: pro

text: se

text: motion

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: However

text: if

text: the

text: allegations

text: show

text: possible

text: neglect

text: of

text: the

text: case

text: new

text: counsel

text: should

text: be

text: appointed

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Defendant

text: first

text: argues

text: that

text: the

text: circuit

text: court

text: should

text: have

text: conducted

text: an

text: inquiry

text: into

text: defendant

text: s

text: pretrial

text: claims

text: where

text: on

text: almost

text: every

text: pretrial

text: date

text: defendant

text: sought

text: to

text: speak

text: with

text: the

text: trial

text: court

text: or

text: otherwise

text: objected

text: The

text: State

text: responds

text: that

text: Krankel

text: is

text: inapplicable

text: to

text: pretrial

text: claims

text: and

text: the

text: trial

text: court

text: satisfied

text: any

text: required

text: inquiry

text: into

text: defendant

text: s

text: pro

text: se

text: claims

text: of

text: ineffective

text: assistance

text: of

text: trial

text: counsel

text: The

text: record

text: shows

text: that

text: defendant

text: made

text: repeated

text: interruptions

text: during

text: court

text: proceedings

text: For

text: example

text: on

text: the

text: second

text: pretrial

text: date

text: September

text: the

text: circuit

text: court

text: continued

text: the

text: matter

text: and

text: defendant

text: stated

text: Judge

text: I

text: want

text: pro

text: se

text: On

text: October

text: defendant

text: interrupted

text: proceedings

text: and

text: stated

text: that

text: his

text: trial

text: attorney

text: was

text: defective

text: in

text: her

text: failure

text: to

text: advise

text: him

text: of

text: the

text: penalties

text: in

text: case

text: of

text: rejecting

text: an

text: offer

text: The

text: circuit

text: court

text: explained

text: Well

text: you

text: understand

text: sir

text: it

text: s

text: up

text: to

text: the

text: Judge

text: to

text: determine

text: what

text: the

text: appropriate

text: sentence

text: is

text: Even

text: if

text: your

text: attorney

text: reaches

text: an

text: agreement

text: with

text: the

text: State

text: I

text: would

text: still

text: have

text: to

text: go

text: along

text: with

text: that

text: I

text: know

text: nothing

text: about

text: your

text: case

text: I

text: know

text: nothing

text: about

text: your

text: background

text: Whether

text: of

text: not

text: I

text: would

text: even

text: go

text: along

text: with

text: an

text: agreement

text: that

text: s

text: speculation

text: Defendant

text: responded

text: If

text: I

text: did

text: not

text: reject

text: it

text: I

text: would

text: have

text: been

text: free

text: on

text: September

text: at

text: the

text: latest

text: The

text: court

text: then

text: explained

text: What

text: if

text: I

text: didn

text: t

text: go

text: along

text: with

text: it

text: I

text: could

text: have

text: said

text: no

text: Even

text: if

text: the

text: trial

text: court

text: was

text: required

text: to

text: inquire

text: into

text: defendant

text: s

text: pretrial

text: claims

text: under

text: Krankel

text: the

text: record

text: shows

text: that

text: the

text: court

text: considered

text: defendant

text: s

text: allegation

text: and

text: determined

text: that

text: it

text: was

text: speculative

text: and

text: therefore

text: insufficient

text: The

text: trial

text: court

text: was

text: permitted

text: to

text: base

text: its

text: determination

text: on

text: the

text: facial

text: insufficiency

text: of

text: defendant

text: s

text: allegations

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: Defendant

text: filed

text: a

text: pro

text: se

text: motion

text: to

text: dismiss

text: his

text: indictment

text: alleging

text: a

text: speedy

text: trial

text: violation

text: and

text: that

text: trial

text: counsel

text: ignored

text: his

text: discovery

text: and

text: was

text: an

text: accessory

text: to

text: the

text: fact

text: that

text: t

text: he

text: whole

text: case

text: is

text: false

text: and

text: intend

text: ed

text: to

text: prevent

text: defendant

text: from

text: hand

text: ing

text: over

text: complain

text: ing

text: witness

text: to

text: federal

text: prosecution

text: for

text: forging

text: her

text: insurance

text: claim

text: We

text: note

text: that

text: defendant

text: testified

text: at

text: trial

text: regarding

text: this

text: defense

text: Defendant

text: also

text: filed

text: a

text: pro

text: se

text: motion

text: for

text: new

text: trial

text: alleging

text: inter

text: alia

text: that

text: trial

text: counsel

text: misl

text: ed

text: him

text: about

text: discovery

text: and

text: test

text: imony

text: was

text: ineffective

text: in

text: examining

text: witnesses

text: refusing

text: to

text: place

text: questions

text: she

text: was

text: given

text: stipulated

text: to

text: improper

text: evidences

text: sic

text: presented

text: and

text: counsel

text: had

text: a

text: conflict

text: of

text: interest

text: The

text: only

text: stipulations

text: entered

text: into

text: in

text: the

text: instant

text: case

text: were

text: in

text: regards

text: to

text: the

text: identity

text: of

text: the

text: e

text: mail

text: accounts

text: from

text: which

text: the

text: e

text: mails

text: at

text: issue

text: were

text: sent

text: and

text: received

text: and

text: the

text: translation

text: of

text: the

text: content

text: of

text: the

text: e

text: mails

text: which

text: were

text: partially

text: in

text: Serbian

text: Defendant

text: himself

text: testified

text: as

text: to

text: the

text: contents

text: of

text: the

text: e

text: mails

text: acknowledging

text: that

text: he

text: had

text: sent

text: them

text: to

text: the

text: victim

text: and

text: that

text: the

text: translation

text: was

text: correct

text: During

text: defendant

text: s

text: sentencing

text: hearing

text: the

text: circuit

text: court

text: stated

text: I

text: ve

text: read

text: your

text: motion

text: for

text: a

text: new

text: trial

text: Also

text: during

text: the

text: sentencing

text: hearing

text: defendant

text: explained

text: his

text: argument

text: that

text: the

text: State

text: had

text: delayed

text: his

text: trial

text: and

text: trial

text: counsel

text: was

text: ineffective

text: in

text: representing

text: him

text: with

text: respect

text: to

text: a

text: proposed

text: plea

text: agreement

text: Defendant

text: stated

text: And

text: the

text: second

text: thing

text: is

text: that

text: plea

text: negotiations

text: the

text: State

text: should

text: never

text: have

text: engaged

text: in

text: pulling

text: my

text: mind

text: such

text: that

text: they

text: did

text: in

text: November

text: I

text: had

text: a

text: visit

text: in

text: the

text: jail

text: offer

text: sic

text: that

text: they

text: would

text: leave

text: for

text: November

text: the

text: th

text: and

text: then

text: denied

text: And

text: it

text: s

text: obvious

text: confirmation

text: of

text: playing

text: games

text: in

text: regards

text: to

text: stalling

text: case

text: Defendant

text: s

text: trial

text: counsel

text: addressed

text: defendant

text: s

text: argument

text: and

text: stated

text: When

text: defendant

text: said

text: that

text: he

text: had

text: been

text: offered

text: misdemeanor

text: probation

text: I

text: would

text: say

text: that

text: that

text: is

text: correct

text: He

text: was

text: offered

text: a

text: misdemeanor

text: back

text: in

text: I

text: believe

text: it

text: was

text: April

text: And

text: then

text: later

text: on

text: in

text: November

text: it

text: was

text: apparently

text: a

text: misunderstanding

text: or

text: a

text: miscommunication

text: between

text: me

text: and

text: the

text: prosecutor

text: But

text: I

text: was

text: led

text: to

text: at

text: least

text: interpret

text: the

text: States

text: s

text: offer

text: as

text: one

text: of

text: misdemeanor

text: So

text: I

text: went

text: to

text: the

text: jail

text: and

text: talked

text: to

text: defendant

text: about

text: a

text: misdemeanor

text: and

text: he

text: was

text: prepared

text: to

text: plead

text: to

text: that

text: And

text: that

text: is

text: what

text: he

text: s

text: referring

text: to

text: And

text: he

text: was

text: understandably

text: upset

text: when

text: that

text: possibility

text: was

text: taken

text: away

text: The

text: record

text: therefore

text: shows

text: that

text: trial

text: counsel

text: addressed

text: defendant

text: s

text: claims

text: Any

text: inquiry

text: required

text: by

text: the

text: trial

text: court

text: into

text: defendant

text: s

text: pro

text: se

text: claims

text: was

text: satisfied

text: by

text: trial

text: counsel

text: explaining

text: the

text: circumstances

text: surrounding

text: the

text: claim

text: See

text: Moore

text: Ill

text: d

text: at

text: Ill

text: Dec

text: N

text: E

text: d

text: III

text: CONCLUSION

text: For

text: the

text: above

text: reasons

text: we

text: vacate

text: defendant

text: s

text: conviction

text: and

text: sentence

text: for

text: harassment

text: through

text: electronic

text: communication

text: as

text: violative

text: of

text: the

text: one

text: act

text: one

text: crime

text: rule

text: and

text: affirm

text: the

text: judgment

text: of

text: the

text: circuit

text: court

text: with

text: respect

text: to

text: defendant

text: s

text: convictions

text: and

text: sentences

text: for

text: cyberstalking

text: and

text: stalking

text: Vacated

text: in

text: part

text: and

text: affirmed

text: in

text: part

text: STEELE

text: and

text: COLEMAN

text: JJ

text: concur

text: NOTES

text: The

text: parties

text: stipulated

text: that

text: Jeff

text: Stanford

text: a

text: senior

text: supervisor

text: for

text: legal

text: services

text: at

text: Yahoo

text: Inc

text: would

text: testify

text: that

text: the

text: e

text: mails

text: in

text: question

text: were

text: sent

text: from

text: TWRControl

text: yahoo

text: com

text: to

text: LuckyCharms

text: x

text: yahoo

text: com

text: Stern

text: testified

text: that

text: these

text: were

text: defendant

text: and

text: her

text: e

text: mail

text: addresses

text: respectively

text: Because

text: we

text: vacate

text: defendant

text: s

text: conviction

text: and

text: sentence

text: for

text: harassment

text: through

text: electronic

text: communication

text: as

text: violative

text: of

text: the

text: one

text: act

text: one

text: crime

text: rule

text: we

text: need

text: not

text: consider

text: defendant

text: s

text: sufficiency

text: of

text: the

text: evidence

text: argument

text: with

text: respect

text: to

text: that

text: offense