(A) Definitions. As used in this Section:
(1) Electronic communication means any transfer of signs, signals, writings, images, 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 through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.
(2) Family or household member includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between two (2) individuals in business or social contexts shall be deemed to constitute a dating relationship.
(3) Harass or harassing means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.
(B) Transmission of Obscene Messages.
(1) A person commits transmission of obscene messages when he or she sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or sires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois.
(2) The trier of fact may infer intent to offend from the use of language or terms which are obscene, lewd or immoral.
(C) Harassment by Telephone.
(1) A person commits harassment by telephone when he or she uses telephone communication for any of the following purposes:
(a) making any comment, request, suggestion or proposition which is obscene, lewd, lascivious, filthy or indecent with an intent to offend;
(b) making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number;
(c) making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;
(d) making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number;
(e) making a telephone call or knowingly inducing a person to make a telephone call for the purpose of harassing another person who is under thirteen (13) years of age, regardless of whether the person under thirteen (13) years of age consents to the harassment, if the defendant is at least sixteen (16) years of age at the time of the commission of the offense; or
(f) knowingly permitting any telephone under one’s control to be used for any of the purposes mentioned herein.
(2) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. The notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word “WARNING”. All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Article.
(See 720 ILCS 5/26.5)