Ill. Pattern Jury Instr. (Criminal) 11.92

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 transmitted a threat to ____; and

Second Proposition: That the defendant did so with the intent to place ____ in reasonable

apprehension of [(death) (bodily harm) (sexual assault) (confinement) (restraint)]; and

Third Proposition: That the defendant, in furtherance of that threat, did [any one or more

of] the following act[s] on at least two separate occasions:

[1] knowingly followed ____, other than within the residence of the defendant;

[or]

[2] knowingly placed ____ under surveillance by remaining present outside [(the school

of ____) (the place of employment of ____) (the vehicle of ____) (any place occupied by

____) (the residence of ____ other than the residence of the defendant)];

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:

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

defendant [(intentionally) (knowingly) (recklessly)] violated [(a temporary restraining order)

(an order of protection) (an injunction)] prohibiting the [(harassment) (interference with

personal liberty) (physical abuse) (willful deprivation) (neglect) (exploitation) (intimidation of a

dependent)] of ____.

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

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

aggravated stalking [and guilty of stalking].