I've read about the reasonable person standard, and the Illinois Stalking law discusses that a person commits stalking if a course of conduct directed at a person causes a reasonable person to "fear for his or her safety or the safety of a third person." What I want to know if how the courts determine if a person truly holds or held "fear for his or her safety or the safety of a third person." How does the court determine that? As I understand that it's a misdemeanor, the judge can make a judgment on it without a jury, right? What if, however, the alleged victim is lying about his or her "fear for his or her safety or the safety of a third person"? Also, what is meant by "suffer other emotional distress"? Assume no illegal threats were made.
Rockford, IL - 5 months ago
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