Ill. Pattern Jury Instr. (Criminal) 11.90X

1993)

To sustain the charge of aggravated stalking, the State must first prove that the defendant

committed the offense of stalking. To sustain the charge of stalking, the State must prove the

following propositions:

First Proposition: That the defendant on at least two separate occasions knowingly [

(followed ____) (placed ____ under surveillance) (followed or placed ____ under surveillance)];

and

[1] Second Proposition: That the defendant at any time knowingly transmitted a threat to

____ of immediate or future [(bodily harm) (sexual assault) (confinement) (restraint)].

[or]

[2] Second Proposition: That the defendant knowingly placed ____ in reasonable

apprehension of immediate or future [(bodily harm) (sexual assault) (confinement) (restraint)].

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, your deliberations on these charges should end

and you should return a verdict of not guilty.

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, then you have concluded that the defendant

committed the offense of stalking. You should now go on with your deliberations to decide

whether the defendant is guilty of aggravated stalking.

To sustain the charge of aggravated stalking, the State must prove the following

additional proposition:

Third Proposition: That, in conjunction with committing the offense of stalking, the

defendant [(intentionally) (knowingly) (recklessly)] [(caused bodily harm to ____) (confined or

restrained ____)].

If you find from your consideration of all the evidence that this Third Proposition has

also been proved beyond a reasonable doubt, you should find the defendant guilty of aggravated

stalking.

If you find from your consideration of all the evidence that this Third Proposition has not

been proved beyond a reasonable doubt, then you should find the defendant not guilty of

aggravated stalking [and guilty of stalking].