IL HB3251

Adds new cyberstalking offense (subsection a-4) for knowingly and surreptitiously installing electronic monitoring software or spyware on a device to harass another person, with penalties including threats of bodily harm, sexual assault, confinement, or restraint directed at the victim or their family members.

Establishes that installation of monitoring software is not considered surreptitious if clear advance notice is provided to device owners and primary users, or if written or electronic consent is obtained through a separate mechanism.

Defines "electronic monitoring software or spyware" as software that surreptitiously tracks computer activity and transmits information to third parties with intent to cause injury or harm, excluding activities for fraud prevention, crime prevention, or network security.

Maintains cyberstalking as a Class 4 felony for first offense and Class 3 felony for second or subsequent convictions.

Provides exemptions from liability for activities related to network maintenance, enforcement of terms of service, and prevention of unsolicited electronic communications.