Illinois Criminal Code Offenses
Criminal Offenses
(720 ILCS 5/) Criminal Code of 1961.
(720 ILCS 5/Tit. I heading)
TITLE I. GENERAL PROVISIONS
(720 ILCS 5/Art. 1 heading)
ARTICLE 1. TITLE AND CONSTRUCTION OF ACT;
STATE JURISDICTION
(720 ILCS 5/1-1) (from Ch.
38, par. 1-1)
Sec. 1-1. Short title.
This Act shall be known and may be cited as the "Criminal Code of 1961".
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/1-2) (from Ch.
38, par. 1-2)
Sec. 1-2. General purposes. The provisions of this Code shall be construed in
accordance with the general purposes hereof, to:
(a) Forbid and prevent the commission of offenses;
(b) Define adequately the act and mental state which constitute each offense,
and limit the condemnation of conduct as criminal when it is without fault;
(c) Prescribe penalties which are proportionate to the seriousness of offenses
and which permit recognition of differences in rehabilitation possibilities
among individual offenders;
(d) Prevent arbitrary or oppressive treatment of persons accused or convicted
of offenses.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/1-3) (from Ch.
38, par. 1-3)
Sec. 1-3. Applicability of common law. No conduct constitutes an offense unless
it is described as an offense in this Code or in another statute of this State.
However, this provision does not affect the power of a court to punish for
contempt or to employ any sanction authorized by law for the enforcement of an
order or civil judgment.
(Source: P.A. 79-1360.)
(720 ILCS 5/1-4) (from Ch.
38, par. 1-4)
Sec. 1-4. Civil remedies preserved.
This Code does not bar, suspend, or otherwise affect any right or liability to
damages, penalty, forfeiture, or other remedy authorized by law to be recovered
or enforced in a civil action, for any conduct which this Code makes
punishable; and the civil injury is not merged in the offense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/1-5) (from Ch.
38, par. 1-5)
Sec. 1-5. State criminal jurisdiction.
(a) A person is subject to prosecution in this State for an offense which he
commits, while either within or outside the State, by his own conduct or that
of another for which he is legally accountable, if:
(1) the offense is committed either wholly or partly
within the State; or
(2) the conduct outside the State constitutes an
attempt to commit an offense within the State; or
(3) the conduct outside the State constitutes a
conspiracy to commit an offense within the State, and an act in furtherance of
the conspiracy occurs in the State; or
(4) the conduct within the State constitutes an
attempt, solicitation or conspiracy to commit in another jurisdiction an
offense under the laws of both this State and such other jurisdiction.
(b) An offense is committed partly within this State, if either the conduct
which is an element of the offense, or the result which is such an element,
occurs within the State. In a prosecution pursuant to paragraph (3) of
subsection (a) of Section 9-1, the attempt or commission of a forcible felony
other than second degree murder within this State is conduct which is an
element of the offense for which a person is subject to prosecution in this State.
In homicide, the "result" is either the physical contact which causes
death, or the death itself; and if the body of a homicide victim is found
within the State, the death is presumed to have occurred within the State.
(c) An offense which is based on an omission to perform a duty imposed by the
law of this State is committed within the State, regardless of the location of
the offender at the time of the omission.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 5/1-6) (from Ch.
38, par. 1-6)
Sec. 1-6. Place of trial.
(a) Generally.
Criminal actions shall be tried in the county where the offense was committed,
except as otherwise provided by law. The State is not required to prove during
trial that the alleged offense occurred in any particular county in this State.
When a defendant contests the place of trial under this Section, all
proceedings regarding this issue shall be conducted under Section 114-1 of the
Code of Criminal Procedure of 1963. All objections of improper place of trial
are waived by a defendant unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of another is located in one
county and his victim is located in another county at the time of the
commission of the offense, trial may be had in either of said counties.
(c) Death and Cause of Death in Different Places or Undetermined.
If cause of death is inflicted in one county and death ensues in another
county, the offender may be tried in either county. If neither the county in
which the cause of death was inflicted nor the county in which death ensued are
known before trial, the offender may be tried in the county where the body was
found.
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the State is consummated
within this State, the offender shall be tried in the county where the offense
is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters bordering on this
State, the offender may be tried in any county adjacent to such navigable
water.
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle, watercraft or
aircraft passing within this State, and it cannot readily be determined in
which county the offense was committed, the offender may be tried in any county
through which such railroad car, vehicle, watercraft or aircraft has passed.
(g) Theft.
A person who commits theft of property may be tried in any county in which he
exerted control over such property.
(h) Bigamy.
A person who commits the offense of bigamy may be tried in any county where the
bigamous marriage or bigamous cohabitation has occurred.
(i) Kidnaping.
A person who commits the offense of kidnaping may be tried in any county in
which his victim has traveled or has been confined during the course of the
offense.
(j) Pandering.
A person who commits the offense of pandering may be tried in any county in
which the prostitution was practiced or in any county in which any act in
furtherance of the offense shall have been committed.
(k) Treason.
A person who commits the offense of treason may be tried in any county.
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in one county and is
received or circulated in another or other counties, the offender shall be
tried in the county where the defamation is spoken, printed or written. If the
defamation is spoken, printed or written outside this state, or the offender
resides outside this state, the offender may be tried in any county in this
state in which the defamation was circulated or received.
(m) Inchoate Offenses.
A person who commits an inchoate offense may be tried in any county in which
any act which is an element of the offense, including the agreement in
conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets, agrees, or attempts to aid
another in the planning or commission of an offense in another county, he may
be tried for the offense in either county.
(o) Child Abduction.
A person who commits the offense of child abduction may be tried in any county
in which his victim has traveled, been detained, concealed or removed to during
the course of the offense. Notwithstanding the foregoing, unless for good cause
shown, the preferred place of trial shall be the county of the residence of the
lawful custodian.
(p) A person who commits the offense of narcotics racketeering may be tried in
any county where cannabis or a controlled substance which is the basis for the
charge of narcotics racketeering was used; acquired; transferred or distributed
to, from or through; or any county where any act was performed to further the
use; acquisition, transfer or distribution of said cannabis or controlled
substance; any money, property, property interest, or any other asset generated
by narcotics activities was acquired, used, sold, transferred or distributed
to, from or through; or, any enterprise interest obtained as a result of
narcotics racketeering was acquired, used, transferred or distributed to, from
or through, or where any activity was conducted by the enterprise or any
conduct to further the interests of such an enterprise.
(q) A person who commits the offense of money laundering may be tried in any
county where any part of a financial transaction in criminally derived property
took place or in any county where any money or monetary instrument which is the
basis for the offense was acquired, used, sold, transferred or distributed to,
from or through.
(r) A person who commits the offense of cannabis trafficking or controlled
substance trafficking may be tried in any county.
(s) A person who commits the offense of online sale of stolen property, online
theft by deception, or electronic fencing may be tried in any county where any
one or more elements of the offense took place, regardless of whether the
element of the offense was the result of acts by the accused, the victim or by
another person, and regardless of whether the defendant was ever physically
present within the boundaries of the county.
(t) A person who commits the offense of identity theft or aggravated identity
theft may be tried in any one of the following counties in which: (1) the
offense occurred; (2) the information used to commit the offense was illegally
used; or (3) the victim resides.
If a person is charged with more than one violation of identity theft or
aggravated identity theft and those violations may be tried in more than one
county, any of those counties is a proper venue for all of the violations.
(Source: P.A. 94-51, eff. 1-1-06; 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.)
(720 ILCS 5/1-8) (from Ch.
38, par. 1-8)
Sec. 1-8. Order of protection; status. Whenever relief sought under this Code
is based on allegations of domestic violence, as defined in the Illinois
Domestic Violence Act of 1986, the court, before granting relief, shall
determine whether any order of protection has previously been entered in the instant
proceeding or any other proceeding in which any party, or a child of any party,
or both, if relevant, has been designated as either a respondent or a protected
person.
(Source: P.A. 87-743.)
(720 ILCS 5/Art. 2 heading)
ARTICLE 2. GENERAL DEFINITIONS
(720 ILCS 5/2-0.5) (was 720 ILCS 5/2-.5)
Sec. 2-0.5. Definitions. For the purposes of this Code, the words and phrases
described in this Article have the meanings designated in this Article, except
when a particular context clearly requires a different meaning.
(Source: P.A. 95-331, eff. 8-21-07.)
(720 ILCS 5/2-1) (from Ch.
38, par. 2-1)
Sec. 2-1. "Acquittal".
"Acquittal" means a verdict or finding of not guilty of an offense,
rendered by a legally constituted jury or by a court of competent jurisdiction
authorized to try the case without a jury.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-2) (from Ch.
38, par. 2-2)
Sec. 2-2. "Act".
"Act" includes a failure or omission to take action.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-3) (from Ch.
38, par. 2-3)
Sec. 2-3. "Another".
"Another" means a person or persons as defined in this Code other
than the offender.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-3.5)
Sec. 2-3.5. "Community policing volunteer" means a person who is
summoned or directed by a peace officer or any person actively participating in
a community policing program and who is engaged in lawful conduct intended to
assist any unit of government in enforcing any criminal or civil law. For the
purpose of this Section, "community policing program" means any plan,
system or strategy established by and conducted under the auspices of a law
enforcement agency in which citizens participate with and are guided by the law
enforcement agency and work with members of that agency to reduce or prevent
crime within a defined geographic area.
(Source: P.A. 90-651, eff. 1-1-99.)
(720 ILCS 5/2-3.6)
Sec. 2-3.6. "Armed with a firearm". Except as otherwise provided in a
specific Section, a person is considered "armed with a firearm" when
he or she carries on or about his or her person or is otherwise armed with a
firearm.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/2-4) (from Ch.
38, par. 2-4)
Sec. 2-4. "Conduct".
"Conduct" means an act or a series of acts, and the accompanying mental
state.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-5) (from Ch.
38, par. 2-5)
Sec. 2-5. "Conviction".
"Conviction" means a judgment of conviction or sentence entered upon
a plea of guilty or upon a verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of competent jurisdiction
authorized to try the case without a jury.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-6) (from Ch.
38, par. 2-6)
Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection
(b) of this Section, "dwelling" means a building or portion thereof,
a tent, a vehicle, or other enclosed space which is used or intended for use as
a human habitation, home or residence.
(b) For the purposes of Section 19-3 of this Code, "dwelling" means a
house, apartment, mobile home, trailer, or other living quarters in which at
the time of the alleged offense the owners or occupants actually reside or in
their absence intend within a reasonable period of time to reside.
(Source: P.A. 84-1289.)
(720 ILCS 5/2-6.5)
Sec. 2-6.5. Emergency medical technician.
"Emergency medical technician-ambulance", "emergency medical
technician-intermediate", and "emergency medical technician-paramedic"
have the meanings ascribed to them in the Emergency Medical Services (EMS)
Systems Act.
(Source: P.A. 88-433.)
(720 ILCS 5/2-6.6)
Sec. 2-6.6. Emergency management worker.
"Emergency management worker" shall include the following:
(a) any person, paid or unpaid, who is a member of a
local or county emergency services and disaster agency as defined by the
Illinois Emergency Management Agency Act, or who is an employee of the Illinois
Emergency Management Agency or the Federal Emergency Management Agency;
(b) any employee or volunteer of the American Red
Cross;
(c) any employee of a federal, State, county, or
local government agency assisting an emergency services and disaster agency,
the Illinois Emergency Management Agency, or the Federal Emergency Management
Agency through mutual aid or as otherwise requested or directed in time of
disaster or emergency; and
(d) any person volunteering or directed to assist an
emergency services and disaster agency, the Illinois Emergency Management
Agency, or the Federal Emergency Management Agency.
(Source: P.A. 94-243, eff. 1-1-06; 94-323, eff. 1-1-06; 95-331, eff. 8-21-07.)
(720 ILCS 5/2-7) (from Ch.
38, par. 2-7)
Sec. 2-7. "Felony".
"Felony" means an offense for which a sentence to death or to a term
of imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 77-2638.)
(720 ILCS 5/2-7.1)
Sec. 2-7.1. "Firearm" and "firearm ammunition".
"Firearm" and "firearm ammunition" have the meanings
ascribed to them in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91-544, eff. 1-1-00.)
(720 ILCS 5/2-7.5)
Sec. 2-7.5. "Firearm". Except as otherwise provided in a specific
Section, "firearm" has the meaning ascribed to it in Section 1.1 of
the Firearm Owners Identification Card Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(720 ILCS 5/2-8) (from Ch.
38, par. 2-8)
Sec. 2-8. "Forcible felony". "Forcible felony" means
treason, first degree murder, second degree murder, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, criminal sexual
assault, robbery, burglary, residential burglary, aggravated arson, arson,
aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily
harm or permanent disability or disfigurement and any other felony which
involves the use or threat of physical force or violence against any
individual.
(Source: P.A. 88-277; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
(720 ILCS 5/2-9) (from Ch.
38, par. 2-9)
Sec. 2-9. "Included offense".
"Included offense" means an offense which
(a) Is established by proof of the same or less than all of the facts or a less
culpable mental state (or both), than that which is required to establish the
commission of the offense charged, or
(b) Consists of an attempt to commit the offense charged or an offense included
therein.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-10) (from Ch.
38, par. 2-10)
Sec. 2-10. "Includes".
"Includes" or "including" means comprehending among other
particulars, without limiting the generality of the foregoing word or phrase.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-10.1) (from Ch.
38, par. 2-10.1)
Sec. 2-10.1. "Severely or profoundly mentally retarded person" means
a person (i) whose intelligence quotient does not exceed 40 or (ii) whose
intelligence quotient does not exceed 55 and who suffers from significant
mental illness to the extent that the person's ability to exercise rational
judgment is impaired. In any proceeding in which the defendant is charged with
committing a violation of Section 10-2, 10-5, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.3, 12-14, or 12-16 of this Code against a victim who is alleged to be a
severely or profoundly mentally retarded person, any findings concerning the
victim's status as a severely or profoundly mentally retarded person, made by a
court after a judicial admission hearing concerning the victim under Articles V
and VI of Chapter 4 of the Mental Health and Developmental Disabilities Code
shall be admissible.
(Source: P.A. 92-434, eff. 1-1-02.)
(720 ILCS 5/2-10.2)
Sec. 2-10.2. Laser or laser device. "Laser" or "laser
device" means any small or hand-held battery powered device which converts
incident electromagnetic radiation of mixed frequencies to one or more discrete
frequencies of highly amplified and coherent visible radiation or light. Proof
that a particular device casts a small red dot or other similar small and
discrete image or small and discrete visual signal upon a target surface at
least 15 feet away creates a rebuttable presumption that the device is a laser.
Flashlights and similar lamps, lanterns, lights, and penlights are not laser
devices.
(Source: P.A. 91-672, eff. 1-1-00.)
(720 ILCS 5/2-10.3)
Sec. 2-10.3. Laser gunsight. "Laser gunsight" means any battery
powered laser device manufactured to function as a firearm aiming device or
sold as a firearm aiming device.
(Source: P.A. 91-672, eff. 1-1-00.)
(720 ILCS 5/2-11) (from Ch.
38, par. 2-11)
Sec. 2-11. "Misdemeanor".
"Misdemeanor" means any offense for which a sentence to a term of
imprisonment in other than a penitentiary for less than one year may be
imposed.
(Source: P. A. 77-2638.)
(720 ILCS 5/2-12) (from Ch.
38, par. 2-12)
Sec. 2-12. "Offense".
"Offense" means a violation of any penal statute of this State.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-13) (from Ch.
38, par. 2-13)
Sec. 2-13. "Peace officer". "Peace officer" means (i) any
person who by virtue of his office or public employment is vested by law with a
duty to maintain public order or to make arrests for offenses, whether that
duty extends to all offenses or is limited to specific offenses, or (ii) any
person who, by statute, is granted and authorized to exercise powers similar to
those conferred upon any peace officer employed by a law enforcement agency of
this State.
For purposes of Sections concerning unlawful use of weapons, for the purposes
of assisting an Illinois peace officer in an arrest, or when the commission of
any offense under Illinois law is directly observed by the person, and statutes
involving the false personation of a peace officer, false personation of a
peace officer while carrying a deadly weapon, and aggravated false personation
of a peace officer, then officers, agents, or employees of the federal
government commissioned by federal statute to make arrests for violations of
federal criminal laws shall be considered "peace officers" under this
Code, including, but not limited to all criminal investigators of:
(1) the United States Department of Justice, the
Federal Bureau of Investigation, the Drug Enforcement Agency and the Department
of Immigration and Naturalization;
(2) the United States Department of the Treasury, the
Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Customs
Service;
(3) the United States Internal Revenue Service;
(4) the United States General Services Administration;
(5) the United States Postal Service; and
(6) all United States Marshals or Deputy United
States Marshals whose duties involve the enforcement of federal criminal laws.
(Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24, eff. 1-1-08; 95-331,
eff. 8-21-07.)
(720 ILCS 5/2-14) (from Ch.
38, par. 2-14)
Sec. 2-14. "Penal institution".
"Penal institution" means a penitentiary, state farm, reformatory,
prison, jail, house of correction, or other institution for the incarceration
or custody of persons under sentence for offenses or awaiting trial or sentence
for offenses.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-15) (from Ch.
38, par. 2-15)
Sec. 2-15. "Person".
"Person" means an individual, public or private corporation,
government, partnership, or unincorporated association.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-15.5)
Sec. 2-15.5. "Personally discharged a firearm". A person is
considered to have "personally discharged a firearm" when he or she,
while armed with a firearm, knowingly and intentionally fires a firearm causing
the ammunition projectile to be forcefully expelled from the firearm.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/2-15a) (from Ch.
38, par. 2-15a)
Sec. 2-15a. "Physically handicapped person". "Physically
handicapped person" means a person who suffers from a permanent and
disabling physical characteristic, resulting from disease, injury, functional
disorder, or congenital condition.
(Source: P.A. 85-691.)
(720 ILCS 5/2-15b)
Sec. 2-15b. "Place of worship" means a church, synagogue, mosque,
temple, or other building, structure, or place used primarily for religious
worship and includes the grounds of a place of worship.
(Source: P.A. 91-360, eff. 7-29-99.)
(720 ILCS 5/2-16) (from Ch.
38, par. 2-16)
Sec. 2-16. "Prosecution".
"Prosecution" means all legal proceedings by which a person's
liability for an offense is determined, commencing with the return of the
indictment or the issuance of the information, and including the final
disposition of the case upon appeal.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-17) (from Ch.
38, par. 2-17)
Sec. 2-17. "Public employee".
"Public employee" means a person, other than a public officer, who is
authorized to perform any official function on behalf of, and is paid by, the
State or any of its political subdivisions.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-18) (from Ch.
38, par. 2-18)
Sec. 2-18. "Public officer".
"Public officer" means a person who is elected to office pursuant to
statute, or who is appointed to an office which is established, and the
qualifications and duties of which are prescribed, by statute, to discharge a
public duty for the State or any of its political subdivisions.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-19) (from Ch.
38, par. 2-19)
Sec. 2-19. "Reasonable belief".
"Reasonable belief" or "reasonably believes" means that the
person concerned, acting as a reasonable man, believes that the described facts
exist.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-19.5)
Sec. 2-19.5. "School" means a public, private, or parochial
elementary or secondary school, community college, college, or university and
includes the grounds of a school.
(Source: P.A. 91-360, eff. 7-29-99.)
(720 ILCS 5/2-20) (from Ch.
38, par. 2-20)
Sec. 2-20. "Solicit".
"Solicit" or "solicitation" means to command, authorize,
urge, incite, request, or advise another to commit an offense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-21) (from Ch.
38, par. 2-21)
Sec. 2-21. "State".
"State" or "this State" means the State of Illinois, and all land and water in respect to which the
State of Illinois
has either exclusive or concurrent jurisdiction, and the air space above such
land and water. "Other state" means any state or territory of the United States, the District
of Columbia and the Commonwealth
of Puerto Rico.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/2-22) (from Ch.
38, par. 2-22)
Sec. 2-22. "Statute".
"Statute" means the Constitution or an Act of the General Assembly of
this State.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/Art. 3 heading)
ARTICLE 3. RIGHTS OF DEFENDANT
(720 ILCS 5/3-1) (from Ch.
38, par. 3-1)
Sec. 3-1. Presumption of innocence and proof of guilt.
Every person is presumed innocent until proved guilty. No person shall be
convicted of any offense unless his guilt thereof is proved beyond a reasonable
doubt.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/3-2) (from Ch.
38, par. 3-2)
Sec. 3-2. Affirmative defense.
(a) "Affirmative defense" means that unless the State's evidence
raises the issue involving the alleged defense, the defendant, to raise the
issue, must present some evidence thereon.
(b) If the issue involved in an affirmative defense, other than insanity, is
raised then the State must sustain the burden of proving the defendant guilty
beyond a reasonable doubt as to that issue together with all the other elements
of the offense. If the affirmative defense of insanity is raised, the defendant
bears the burden of proving by clear and convincing evidence his insanity at
the time of the offense.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
(720 ILCS 5/3-3) (from Ch.
38, par. 3-3)
Sec. 3-3. Multiple prosecutions for same act.
(a) When the same conduct of a defendant may establish the commission of more
than one offense, the defendant may be prosecuted for each such offense.
(b) If the several offenses are known to the proper prosecuting officer at the
time of commencing the prosecution and are within the jurisdiction of a single
court, they must be prosecuted in a single prosecution, except as provided in
Subsection (c), if they are based on the same act.
(c) When 2 or more offenses are charged as required by Subsection (b), the
court in the interest of justice may order that one or more of such charges
shall be tried separately.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/3-4) (from Ch.
38, par. 3-4)
Sec. 3-4. Effect of former prosecution.
(a) A prosecution is barred if the defendant was formerly prosecuted for the
same offense, based upon the same facts, if such former prosecution:
(1) Resulted in either a conviction or an acquittal or in a determination that
the evidence was insufficient to warrant a conviction; or
(2) Was terminated by a final order or judgment, even if entered before trial,
which required a determination inconsistent with any fact or legal proposition
necessary to a conviction in the subsequent prosecution; or
(3) Was terminated improperly after the jury was impaneled and sworn or, in a
trial before a court without a jury, after the first witness was sworn but
before findings were rendered by the trier of facts, or after a plea of guilty
was accepted by the court.
A conviction of an included offense is an acquittal of the offense charged.
(b) A prosecution is barred if the defendant was formerly prosecuted for a
different offense, or for the same offense based upon different facts, if such
former prosecution:
(1) Resulted in either a conviction or an acquittal, and the subsequent
prosecution is for an offense of which the defendant could have been convicted
on the former prosecution; or was for an offense with which the defendant
should have been charged on the former prosecution, as provided in Section 3-3
of this Code (unless the court ordered a separate trial of such charge); or was
for an offense which involves the same conduct, unless each prosecution
requires proof of a fact not required on the other prosecution, or the offense
was not consummated when the former trial began; or
(2) Was terminated by a final order or judgment, even if entered before trial,
which required a determination inconsistent with any fact necessary to a
conviction in the subsequent prosecution; or
(3) Was terminated improperly under the circumstances stated in Subsection (a),
and the subsequent prosecution is for an offense of which the defendant could
have been convicted if the former prosecution had not been terminated
improperly.
(c) A prosecution is barred if the defendant was formerly prosecuted in a
District Court of the United States or in a sister State for an offense which
is within the concurrent jurisdiction of this State, if such former
prosecution:
(1) Resulted in either a conviction or an acquittal, and the subsequent
prosecution is for the same conduct, unless each prosecution requires proof of
a fact not required in the other prosecution, or the offense was not
consummated when the former trial began; or
(2) Was terminated by a final order or judgment, even if entered before trial,
which required a determination inconsistent with any fact necessary to a
conviction in the prosecution in this State.
(d) However, a prosecution is not barred within the meaning of this Section 3-4
if the former prosecution:
(1) Was before a court which lacked jurisdiction over the defendant or the
offense; or
(2) Was procured by the defendant without the knowledge of the proper
prosecuting officer, and with the purpose of avoiding the sentence which
otherwise might be imposed; or if subsequent proceedings resulted in the invalidation,
setting aside, reversal, or vacating of the conviction, unless the defendant
was thereby adjudged not guilty.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/3-5) (from Ch.
38, par. 3-5)
Sec. 3-5. General Limitations.
(a) A prosecution for: (1) first degree murder, attempt to commit first degree
murder, second degree murder, involuntary manslaughter, reckless homicide,
leaving the scene of a motor vehicle accident involving death or personal
injuries under Section 11-401 of the Illinois Vehicle Code, failing to give
information and render aid under Section 11-403 of the Illinois Vehicle Code,
concealment of homicidal death, treason, arson, aggravated arson, forgery, or
(2) any offense involving sexual conduct or sexual penetration as defined by Section
12-12 of this Code in which the DNA profile of the offender is obtained and
entered into a DNA database within 10 years after the commission of the offense
and the identity of the offender is unknown after a diligent investigation by
law enforcement authorities, may be commenced at any time. Clause (2) of this
subsection (a) applies if either: (i) the victim reported the offense to law
enforcement authorities within 2 years after the commission of the offense
unless a longer period for reporting the offense to law enforcement authorities
is provided in Section 3-6 or (ii) the victim is murdered during the course of
the offense or within 2 years after the commission of the offense.
(b) Unless the statute describing the offense provides otherwise, or the period
of limitation is extended by Section 3-6, a prosecution for any offense not
designated in Subsection (a) must be commenced within 3 years after the
commission of the offense if it is a felony, or within one year and 6 months
after its commission if it is a misdemeanor.
(Source: P.A. 93-834, eff. 7-29-04; 94-487, eff. 11-9-05; 94-683, eff. 11-9-05.)
(720 ILCS 5/3-6) (from Ch.
38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a prosecution must be
commenced under the provisions of Section 3-5 or other applicable statute is
extended under the following conditions:
(a) A prosecution for theft involving a breach of a fiduciary obligation to the
aggrieved person may be commenced as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal disability or within
one year after the termination thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a person who has legal
capacity to represent an aggrieved person or has a legal duty to report the
offense, and is not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the period of
limitation so extended more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in office by a public
officer or employee may be commenced within one year after discovery of the
offense by a person having a legal duty to report such offense, or in the
absence of such discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the period of
limitation so extended more than 3 years beyond the expiration of the period
otherwise applicable.
(c) Except as otherwise provided in subsection (a) of Section 3-5 of this Code
and subdivision (i) or (j) of this Section, a prosecution for any offense
involving sexual conduct or sexual penetration, as defined in Section 12-12 of
this Code, where the victim and defendant are family members, as defined in
Section 12-12 of this Code, may be commenced within one year of the victim attaining
the age of 18 years.
(d) A prosecution for child pornography, indecent solicitation of a child,
soliciting for a juvenile prostitute, juvenile pimping or exploitation of a
child may be commenced within one year of the victim attaining the age of 18 years.
However, in no such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense. When the victim is under 18
years of age, a prosecution for criminal sexual abuse may be commenced within
one year of the victim attaining the age of 18 years. However, in no such case
shall the time period for prosecution expire sooner than 3 years after the
commission of the offense.
(e) Except as otherwise provided in subdivision (j), a prosecution for any
offense involving sexual conduct or sexual penetration, as defined in Section
12-12 of this Code, where the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary relationship with the
victim at the time of the commission of the offense may be commenced within one
year after the discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44 of the
"Environmental Protection Act", approved June 29, 1970, as amended,
may be commenced within 5 years after the discovery of such an offense by a
person or agency having the legal duty to report the offense or in the absence
of such discovery, within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section 16G-15 or 16G-20 of
this Code may be commenced within 5 years after the discovery of the offense by
the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a prosecution for criminal
sexual assault, aggravated criminal sexual assault, or aggravated criminal
sexual abuse may be commenced within 10 years of the commission of the offense
if the victim reported the offense to law enforcement authorities within 3
years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to shorten a period within
which a prosecution must be commenced under any other provision of this
Section.
(j) When the victim is under 18 years of age at the time of the offense, a
prosecution for criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or aggravated criminal sexual
abuse or a prosecution for failure of a person who is required to report an
alleged or suspected commission of any of these offenses under the Abused and
Neglected Child Reporting Act may be commenced within 20 years after the child
victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to shorten a period within
which a prosecution must be commenced under any other provision of this
Section.
(k) A prosecution for theft involving real property exceeding $100,000 in value
under Section 16-1, identity theft under Section 16G-15, aggravated identity
theft under Section 16G-20, or any offense set forth in Article 16H may be
commenced within 7 years of the last act committed in furtherance of the crime.
(Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548, eff. 8-30-07.)
(720 ILCS 5/3-7) (from Ch.
38, par. 3-7)
Sec. 3-7. Periods excluded from limitation. The period within which a
prosecution must be commenced does not include any period in which:
(a) The defendant is not usually and publicly resident within this State; or
(b) The defendant is a public officer and the offense charged is theft of
public funds while in public office; or
(c) A prosecution is pending against the defendant for the same conduct, even
if the indictment or information which commences the prosecution is quashed or
the proceedings thereon are set aside, or are reversed on appeal; or
(d) A proceeding or an appeal from a proceeding relating to the quashing or
enforcement of a Grand Jury subpoena issued in connection with an investigation
of a violation of a criminal law of this State is pending. However, the period
within which a prosecution must be commenced includes any period in which the
State brings a proceeding or an appeal from a proceeding specified in this
subsection (d); or
(e) A material witness is placed on active military duty or leave. In this
subsection (e), "material witness" includes, but is not limited to,
the arresting officer, occurrence witness, or the alleged victim of the
offense; or
(f) The victim of unlawful force or threat of imminent bodily harm to obtain
information or a confession is incarcerated, and the victim's incarceration, in
whole or in part, is a consequence of the unlawful force or threats.
(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)
(720 ILCS 5/3-8) (from Ch.
38, par. 3-8)
Sec. 3-8. Limitation on offense based on series of acts. When an offense is
based on a series of acts performed at different times, the period of
limitation prescribed by this Article starts at the time when the last such act
is committed.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/Tit. II heading)
TITLE II. PRINCIPLES OF CRIMINAL LIABILITY
(720 ILCS 5/Art. 4 heading)
ARTICLE 4. CRIMINAL ACT AND MENTAL STATE
(720 ILCS 5/4-1) (from Ch.
38, par. 4-1)
Sec. 4-1. Voluntary act.
A material element of every offense is a voluntary act, which includes an
omission to perform a duty which the law imposes on the offender and which he
is physically capable of performing.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-2) (from Ch.
38, par. 4-2)
Sec. 4-2. Possession as voluntary act.
Possession is a voluntary act if the offender knowingly procured or received
the thing possessed, or was aware of his control thereof for a sufficient time
to have been able to terminate his possession.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-3) (from Ch.
38, par. 4-3)
Sec. 4-3. Mental state.
(a) A person is not guilty of an offense, other than an offense which involves
absolute liability, unless, with respect to each element described by the
statute defining the offense, he acts while having one of the mental states
described in Sections 4--4 through 4--7.
(b) If the statute defining an offense prescribed a particular mental state
with respect to the offense as a whole, without distinguishing among the
elements thereof, the prescribed mental state applies to each such element. If
the statute does not prescribe a particular mental state applicable to an
element of an offense (other than an offense which involves absolute
liability), any mental state defined in Sections 4--4, 4--5 or 4--6 is
applicable.
(c) Knowledge that certain conduct constitutes an offense, or knowledge of the
existence, meaning, or application of the statute defining an offense, is not
an element of the offense unless the statute clearly defines it as such.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-4) (from Ch.
38, par. 4-4)
Sec. 4-4. Intent.
A person intends, or acts intentionally or with intent, to accomplish a result
or engage in conduct described by the statute defining the offense, when his
conscious objective or purpose is to accomplish that result or engage in that
conduct.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-5) (from Ch.
38, par. 4-5)
Sec. 4-5. Knowledge.
A person knows, or acts knowingly or with knowledge of:
(a) The nature or attendant circumstances of his conduct, described by the
statute defining the offense, when he is consciously aware that his conduct is
of such nature or that such circumstances exist. Knowledge of a material fact
includes awareness of the substantial probability that such fact exists.
(b) The result of his conduct, described by the statute defining the offense,
when he is consciously aware that such result is practically certain to be
caused by his conduct.
Conduct performed knowingly or with knowledge is performed wilfully, within the
meaning of a statute using the latter term, unless the statute clearly requires
another meaning.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-6) (from Ch.
38, par. 4-6)
Sec. 4-6. Recklessness.
A person is reckless or acts recklessly, when he consciously disregards a
substantial and unjustifiable risk that circumstances exist or that a result
will follow, described by the statute defining the offense; and such disregard
constitutes a gross deviation from the standard of care which a reasonable
person would exercise in the situation. An act performed recklessly is
performed wantonly, within the meaning of a statute using the latter term,
unless the statute clearly requires another meaning.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-7) (from Ch.
38, par. 4-7)
Sec. 4-7. Negligence.
A person is negligent, or acts negligently, when he fails to be aware of a
substantial and unjustifiable risk that circumstances exist or a result will
follow, described by the statute defining the offense; and such failure
constitutes a substantial deviation from the standard of care which a
reasonable person would exercise in the situation.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-8) (from Ch.
38, par. 4-8)
Sec. 4-8. Ignorance or mistake. (a) A person's ignorance or mistake as to a
matter of either fact or law, except as provided in Section 4-3(c) above, is a
defense if it negatives the existence of the mental state which the statute
prescribes with respect to an element of the offense.
(b) A person's reasonable belief that his conduct does not constitute an
offense is a defense if:
(1) The offense is defined by an administrative regulation or order which is
not known to him and has not been published or otherwise made reasonably
available to him, and he could not have acquired such knowledge by the exercise
of due diligence pursuant to facts known to him; or
(2) He acts in reliance upon a statute which later is determined to be invalid;
or
(3) He acts in reliance upon an order or opinion of an Illinois Appellate or
Supreme Court, or a United States appellate court later overruled or reversed;
(4) He acts in reliance upon an official interpretation of the statute,
regulation or order defining the offense, made by a public officer or agency
legally authorized to interpret such statute.
(c) Although a person's ignorance or mistake of fact or law, or reasonable
belief, described in this Section 4--8 is a defense to the offense charged, he
may be convicted of an included offense of which he would be guilty if the fact
or law were as he believed it to be.
(d) A defense based upon this Section 4--8 is an affirmative defense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4-9) (from Ch. 38, par. 4-9)
Sec. 4-9. Absolute liability.
A person may be guilty of an offense without having, as to each element
thereof, one of the mental states described in Sections 4--4 through 4--7 if
the offense is a misdemeanor which is not punishable by incarceration or by a
fine exceeding $500, or the statute defining the offense clearly indicates a
legislative purpose to impose absolute liability for the conduct described.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/Art. 5 heading)
ARTICLE 5. PARTIES TO CRIME
(720 ILCS 5/5-1) (from Ch. 38, par. 5-1)
Sec. 5-1. Accountability for conduct of another.
A person is responsible for conduct which is an element of an offense if the
conduct is either that of the person himself, or that of another and he is
legally accountable for such conduct as provided in Section 5--2, or both.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
Sec. 5-2. When accountability exists.
A person is legally accountable for the conduct of another when:
(a) Having a mental state described by the statute defining the offense, he
causes another to perform the conduct, and the other person in fact or by
reason of legal incapacity lacks such a mental state; or
(b) The statute defining the offense makes him so accountable; or
(c) Either before or during the commission of an offense, and with the intent
to promote or facilitate such commission, he solicits, aids, abets, agrees or
attempts to aid, such other person in the planning or commission of the
offense. However, a person is not so accountable, unless the statute defining the
offense provides otherwise, if:
(1) He is a victim of the offense committed; or
(2) The offense is so defined that his conduct was inevitably incident to its
commission; or
(3) Before the commission of the offense, he terminates his effort to promote or
facilitate such commission, and does one of the following: wholly deprives his
prior efforts of effectiveness in such commission, or gives timely warning to
the proper law enforcement authorities, or otherwise makes proper effort to
prevent the commission of the offense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/5-3) (from Ch. 38, par. 5-3)
Sec. 5-3. Separate conviction of person accountable.
A person who is legally accountable for the conduct of another which is an
element of an offense may be convicted upon proof that the offense was
committed and that he was so accountable, although the other person claimed to
have committed the offense has not been prosecuted or convicted, or has been
convicted of a different offense or degree of offense, or is not amenable to
justice, or has been acquitted.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/5-4) (from Ch. 38, par. 5-4)
Sec. 5-4. Responsibility of corporation. (a) A corporation may be prosecuted
for the commission of an offense if, but only if:
(1) The offense is a misdemeanor, or is defined by Sections 11-20, 11-20.1 or
24-1 of this Code, or Section 44 of the "Environmental Protection
Act", approved June 29, 1970, as amended or is defined by another statute
which clearly indicates a legislative purpose to impose liability on a
corporation; and an agent of the corporation performs the conduct which is an
element of the offense while acting within the scope of his or her office or
employment and in behalf of the corporation, except that any limitation in the
defining statute, concerning the corporation's accountability for certain
agents or under certain circumstances, is applicable; or
(2) The commission of the offense is authorized, requested, commanded, or
performed, by the board of directors or by a high managerial agent who is
acting within the scope of his or her employment in behalf of the corporation.
(b) A corporation's proof, by a preponderance of the evidence, that the high
managerial agent having supervisory responsibility over the conduct which is
the subject matter of the offense exercised due diligence to prevent the
commission of the offense, is a defense to a prosecution for any offense to
which Subsection (a) (1) refers, other than an offense for which absolute
liability is imposed. This Subsection is inapplicable if the legislative
purpose of the statute defining the offense is inconsistent with the provisions
of this Subsection.
(c) For the purpose of this Section:
(1) "Agent" means any director, officer, servant, employee, or other
person who is authorized to act in behalf of the corporation.
(2) "High managerial agent" means an officer of the corporation, or
any other agent who has a position of comparable authority for the formulation
of corporate policy or the supervision of subordinate employees in a managerial
capacity.
(Source: P.A. 85-1440.)
(720 ILCS 5/5-5) (from Ch. 38, par. 5-5)
Sec. 5-5. Accountability for conduct of corporation.
(a) A person is legally accountable for conduct which is an element of an
offense and which, in the name or in behalf of a corporation, he performs or
causes to be performed, to the same extent as if the conduct were performed in
his own name or behalf.
(b) An individual who has been convicted of an offense by reason of his legal
accountability for the conduct of a corporation is subject to the punishment
authorized by law for an individual upon conviction of such offense, although
only a lesser or different punishment is authorized for the corporation.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/Art. 6 heading)
ARTICLE 6. RESPONSIBILITY
(720 ILCS 5/6-1) (from Ch. 38, par. 6-1)
Sec. 6-1. Infancy.
No person shall be convicted of any offense unless he had attained his 13th
birthday at the time the offense was committed.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
Sec. 6-2. Insanity.
(a) A person is not criminally responsible for conduct if at the time of such
conduct, as a result of mental disease or mental defect, he lacks substantial
capacity to appreciate the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not include an
abnormality manifested only by repeated criminal or otherwise antisocial
conduct.
(c) A person who, at the time of the commission of a criminal offense, was not
insane but was suffering from a mental illness, is not relieved of criminal
responsibility for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, "mental illness" or "mentally
ill" means a substantial disorder of thought, mood, or behavior which
afflicted a person at the time of the commission of the offense and which
impaired that person's judgment, but not to the extent that he is unable to
appreciate the wrongfulness of his behavior.
(e) When the defense of insanity has been presented during the trial, the
burden of proof is on the defendant to prove by clear and convincing evidence
that the defendant is not guilty by reason of insanity. However, the burden of
proof remains on the State to prove beyond a reasonable doubt each of the
elements of each of the offenses charged, and, in a jury trial where the
insanity defense has been presented, the jury must be instructed that it may
not consider whether the defendant has met his burden of proving that he is not
guilty by reason of insanity until and unless it has first determined that the
State has proven the defendant guilty beyond a reasonable doubt of the offense
with which he is charged.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
(720 ILCS 5/6-3) (from Ch. 38, par. 6-3)
Sec. 6-3. Intoxicated or drugged condition. A person who is in an intoxicated
or drugged condition is criminally responsible for conduct unless such
condition is involuntarily produced and deprives him of substantial capacity
either to appreciate the criminality of his conduct or to conform his conduct
to the requirements of law.
(Source: P.A. 92-466, eff. 1-1-02.)
(720 ILCS 5/6-4) (from Ch. 38, par. 6-4)
Sec. 6-4. Affirmative Defense. A defense based upon any of the provisions of
Article 6 is an affirmative defense except that mental illness is not an
affirmative defense, but an alternative plea or finding that may be accepted,
under appropriate evidence, when the affirmative defense of insanity is raised
or the plea of guilty but mentally ill is made.
(Source: P.A. 82-553.)
(720 ILCS 5/Art. 7 heading)
ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION
(720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
Sec. 7-1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the
extent that he reasonably believes that such conduct is necessary to defend
himself or another against such other's imminent use of unlawful force.
However, he is justified in the use of force which is intended or likely to
cause death or great bodily harm only if he reasonably believes that such force
is necessary to prevent imminent death or great bodily harm to himself or
another, or the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this
Section give rise to any claim or liability brought by or on behalf of any
person acting within the definition of "aggressor" set forth in
Section 7-4 of this Article, or the estate, spouse, or other family member of
such a person, against the person or estate of the person using such justified
force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)
(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
Sec. 7-2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the
extent that he reasonably believes that such conduct is necessary to prevent or
terminate such other's unlawful entry into or attack upon a dwelling. However,
he is justified in the use of force which is intended or likely to cause death
or great bodily harm only if:
(1) The entry is made or attempted in a violent,
riotous, or tumultuous manner, and he reasonably believes that such force is
necessary to prevent an assault upon, or offer of personal violence to, him or
another then in the dwelling, or
(2) He reasonably believes that such force is
necessary to prevent the commission of a felony in the dwelling.
(b) In no case shall any act involving the use of force justified under this
Section give rise to any claim or liability brought by or on behalf of any
person acting within the definition of "aggressor" set forth in
Section 7-4 of this Article, or the estate, spouse, or other family member of
such a person, against the person or estate of the person using such justified
force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)
(720 ILCS 5/7-3) (from Ch. 38, par. 7-3)
Sec. 7-3. Use of force in defense of other property.
(a) A person is justified in the use of force against another when and to the
extent that he reasonably believes that such conduct is necessary to prevent or
terminate such other's trespass on or other tortious or criminal interference
with either real property (other than a dwelling) or personal property,
lawfully in his possession or in the possession of another who is a member of
his immediate family or household or of a person whose property he has a legal
duty to protect. However, he is justified in the use of force which is intended
or likely to cause death or great bodily harm only if he reasonably believes
that such force is necessary to prevent the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this
Section give rise to any claim or liability brought by or on behalf of any
person acting within the definition of "aggressor" set forth in
Section 7-4 of this Article, or the estate, spouse, or other family member of
such a person, against the person or estate of the person using such justified
force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)
(720 ILCS 5/7-4) (from Ch. 38, par. 7-4)
Sec. 7-4. Use of force by aggressor.
The justification described in the preceding Sections of this Article is not
available to a person who:
(a) Is attempting to commit, committing, or escaping after the commission of, a
forcible felony; or
(b) Initially provokes the use of force against himself, with the intent to use
such force as an excuse to inflict bodily harm upon the assailant; or
(c) Otherwise initially provokes the use of force against himself, unless:
(1) Such force is so great that he reasonably believes that he is in imminent
danger of death or great bodily harm, and that he has exhausted every
reasonable means to escape such danger other than the use of force which is
likely to cause death or great bodily harm to the assailant; or
(2) In good faith, he withdraws from physical contact with the assailant and
indicates clearly to the assailant that he desires to withdraw and terminate
the use of force, but the assailant continues or resumes the use of force.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
Sec. 7-5. Peace officer's use of force in making arrest. (a) A peace officer,
or any person whom he has summoned or directed to assist him, need not retreat
or desist from efforts to make a lawful arrest because of resistance or
threatened resistance to the arrest. He is justified in the use of any force
which he reasonably believes to be necessary to effect the arrest and of any
force which he reasonably believes to be necessary to defend himself or another
from bodily harm while making the arrest. However, he is justified in using
force likely to cause death or great bodily harm only when he reasonably
believes that such force is necessary to prevent death or great bodily harm to
himself or such other person, or when he reasonably believes both that:
(1) Such force is necessary to prevent the arrest from being defeated by
resistance or escape; and
(2) The person to be arrested has committed or attempted a forcible felony
which involves the infliction or threatened infliction of great bodily harm or is
attempting to escape by use of a deadly weapon, or otherwise indicates that he
will endanger human life or inflict great bodily harm unless arrested without
delay.
(b) A peace officer making an arrest pursuant to an invalid warrant is
justified in the use of any force which he would be justified in using if the
warrant were valid, unless he knows that the warrant is invalid.
(Source: P.A. 84-1426.)
(720 ILCS 5/7-6) (from Ch. 38, par. 7-6)
Sec. 7-6. Private person's use of force in making arrest.
(a) A private person who makes, or assists another private person in making a
lawful arrest is justified in the use of any force which he would be justified
in using if he were summoned or directed by a peace officer to make such
arrest, except that he is justified in the use of force likely to cause death
or great bodily harm only when he reasonably believes that such force is
necessary to prevent death or great bodily harm to himself or another.
(b) A private person who is summoned or directed by a peace officer to assist
in making an arrest which is unlawful, is justified in the use of any force
which he would be justified in using if the arrest were lawful, unless he knows
that the arrest is unlawful.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-7) (from Ch. 38, par. 7-7)
Sec. 7-7. Private person's use of force in resisting arrest. A person is not
authorized to use force to resist an arrest which he knows is being made either
by a peace officer or by a private person summoned and directed by a peace officer
to make the arrest, even if he believes that the arrest is unlawful and the
arrest in fact is unlawful.
(Source: P.A. 86-1475.)
(720 ILCS 5/7-8) (from Ch. 38, par. 7-8)
Sec. 7-8. Force likely to cause death or great bodily harm.
(a) Force which is likely to cause death or great bodily harm, within the
meaning of Sections 7-5 and 7-6 includes:
(1) The firing of a firearm in the direction of the
person to be arrested, even though no intent exists to kill or inflict great
bodily harm; and
(2) The firing of a firearm at a vehicle in which
the person to be arrested is riding.
(b) A peace officer's discharge of a firearm using ammunition designed to
disable or control an individual without creating the likelihood of death or
great bodily harm shall not be considered force likely to cause death or great
bodily harm within the meaning of Sections 7-5 and 7-6.
(Source: P.A. 90-138, eff. 1-1-98.)
(720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
Sec. 7-9. Use of force to prevent escape.
(a) A peace officer or other person who has an arrested person in his custody
is justified in the use of such force to prevent the escape of the arrested
person from custody as he would be justified in using if he were arresting such
person.
(b) A guard or other peace officer is justified in the use of force, including
force likely to cause death or great bodily harm, which he reasonably believes
to be necessary to prevent the escape from a penal institution of a person whom
the officer reasonably believes to be lawfully detained in such institution
under sentence for an offense or awaiting trial or commitment for an offense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
Sec. 7-10. Execution of death sentence.
A public officer who, in the exercise of his official duty, puts a person to
death pursuant to a sentence of a court of competent jurisdiction, is justified
if he acts in accordance with the sentence pronounced and the law prescribing
the procedure for execution of a death sentence.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-11) (from Ch. 38, par. 7-11)
Sec. 7-11. Compulsion.
(a) A person is not guilty of an offense, other than an offense punishable with
death, by reason of conduct which he performs under the compulsion of threat or
menace of the imminent infliction of death or great bodily harm, if he
reasonably believes death or great bodily harm will be inflicted upon him if he
does not perform such conduct.
(b) A married woman is not entitled, by reason of the presence of her husband,
to any presumption of compulsion, or to any defense of compulsion except that
stated in Subsection (a).
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-12) (from Ch. 38, par. 7-12)
Sec. 7-12. Entrapment.
A person is not guilty of an offense if his or her conduct is incited or
induced by a public officer or employee, or agent of either, for the purpose of
obtaining evidence for the prosecution of that person. However, this Section is
inapplicable if the person was pre-disposed to commit the offense and the
public officer or employee, or agent of either, merely affords to that person
the opportunity or facility for committing an offense.
(Source: P.A. 89-332, eff. 1-1-96.)
(720 ILCS 5/7-13) (from Ch. 38, par. 7-13)
Sec. 7-13. Necessity.
Conduct which would otherwise be an offense is justifiable by reason of
necessity if the accused was without blame in occasioning or developing the
situation and reasonably believed such conduct was necessary to avoid a public
or private injury greater than the injury which might reasonably result from
his own conduct.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/7-14) (from Ch. 38, par. 7-14)
Sec. 7-14. Affirmative defense. A defense of justifiable use of force, or of
exoneration, based on the provisions of this Article is an affirmative defense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/Tit. III heading)
TITLE III. SPECIFIC OFFENSES
(720 ILCS 5/Tit. III Pt. A heading)
PART A. INCHOATE OFFENSES
(720 ILCS 5/Art. 8 heading)
ARTICLE 8. SOLICITATION, CONSPIRACY AND ATTEMPT
(720 ILCS 5/8-1) (from Ch. 38, par. 8-1)
Sec. 8-1. Solicitation. (a) Elements of the offense. A person commits
solicitation when, with intent that an offense be committed, other than first
degree murder, he commands, encourages or requests another to commit that
offense.
(b) Penalty.
A person convicted of solicitation may be fined or imprisoned or both not to
exceed the maximum provided for the offense solicited: Provided, however, the
penalty shall not exceed the corresponding maximum limit provided by
subparagraph (c) of Section 8-4 of this Act, as heretofore and hereafter
amended.
(Source: P.A. 85-1030.)
(720 ILCS 5/8-1.1) (from Ch. 38, par. 8-1.1)
Sec. 8-1.1. Solicitation of Murder.
(a) A person commits solicitation of murder when, with the intent that the
offense of first degree murder be committed, he commands, encourages or
requests another to commit that offense.
(b) Penalty. Solicitation of murder is a Class X felony and a person convicted
of solicitation of murder shall be sentenced to a term of imprisonment for a
period of not less than 15 years and not more than 30 years, except that in
cases where the person solicited was a person under the age of 17 years, the
person convicted of solicitation of murder shall be sentenced to a term of
imprisonment for a period of not less than 20 years and not more than 60 years.
(Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
(720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2)
Sec. 8-1.2. Solicitation of Murder for Hire. (a) A person commits solicitation
of murder for hire when, with the intent that the offense of first degree
murder be committed, he procures another to commit that offense pursuant to any
contract, agreement, understanding, command or request for money or anything of
value.
(b) Penalty. Solicitation of murder for hire is a Class X felony and a person
convicted of solicitation of murder for hire shall be sentenced to a term of
imprisonment of not less than 20 years and not more than 40 years.
(Source: P.A. 85-1003; 85-1030; 85-1440.)
(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
Sec. 8-2. Conspiracy.
(a) Elements of the offense. A person commits conspiracy when, with intent that
an offense be committed, he agrees with another to the commission of that
offense. No person may be convicted of conspiracy to commit an offense unless
an act in furtherance of such agreement is alleged and proved to have been
committed by him or by a co-conspirator.
(b) Co-conspirators.
It shall not be a defense to conspiracy that the person or persons with whom
the accused is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence.
A person convicted of conspiracy may be fined or imprisoned or both not to
exceed the maximum provided for the offense which is the object of the
conspiracy, except that if the object is an offense prohibited by Sections 11-15,
11-16, 11-17, 11-19, 24-1(a)(1), 24-1(a)(7), 28-1, 28-3 and 28-4 of the
"Criminal Code of 1961", approved July 28, 1961, as amended, or
prohibited by Sections 404 or 406 (b) of the "Illinois Controlled
Substances Act", enacted by the 77th General Assembly, or an inchoate
offense related to any of the aforesaid principal offenses, the person
convicted may be sentenced for a Class 3 felony however, conspiracy to commit
treason, first degree murder, aggravated kidnapping, aggravated criminal sexual
assault, or predatory criminal sexual assault of a child is a Class 1 felony,
and conspiracy to commit any offense other than those specified in this
subsection, and other than those set forth in Sections 401, 402, or 407 of the
Illinois Controlled Substances Act, shall not be sentenced in excess of a Class
4 felony.
(Source: P.A. 94-184, eff. 7-12-05.)
(720 ILCS 5/8-2.1)
Sec. 8-2.1. Conspiracy against civil rights.
(a) Offense. A person commits conspiracy against civil rights when, without
legal justification, he or she, with the intent to interfere with the free
exercise of any right or privilege secured by the Constitution of the United
States, the Constitution of the State of Illinois, the laws of the United
States, or the laws of the State of Illinois by any person or persons, agrees
with another to inflict physical harm on any other person or the threat of
physical harm on any other person and either the accused or a co-conspirator
has committed any act in furtherance of that agreement.
(b) Co-conspirators. It shall not be a defense to conspiracy against civil
rights that a person or persons with whom the accused is alleged to have
conspired:
(1) has not been prosecuted or convicted; or
(2) has been convicted of a different offense; or
(3) is not amenable to justice; or
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first
offense and a Class 2 felony for a second or subsequent offense.
(Source: P.A. 92-830, eff. 1-1-03.)
(720 ILCS 5/8-3) (from Ch. 38, par. 8-3)
Sec. 8-3. Defense.
It is a defense to a charge of solicitation or conspiracy that if the criminal
object were achieved the accused would not be guilty of an offense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a specific offense, he
does any act which constitutes a substantial step toward the commission of that
offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that because of a
misapprehension of the circumstances it would have been impossible for the
accused to commit the offense attempted.
(c) Sentence.
A person convicted of an attempt may be fined or imprisoned or both not to
exceed the maximum provided for the offense attempted but, except for an
attempt to commit the offense defined in Section 33A-2 of this Act,
(1) the sentence for attempt to commit first degree
murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder
when at least one of the aggravating factors specified in paragraphs (1), (2)
and (12) of subsection (b) of Section 9-1 is present is a Class X felony for
which the sentence shall be a term of imprisonment of not less than 20 years
and not more than 80 years;
(B) an attempt to commit first degree murder
while armed with a firearm is a Class X felony for which 15 years shall be
added to the term of imprisonment imposed by the court;
(C) an attempt to commit first degree murder
during which the person personally discharged a firearm is a Class X felony for
which 20 years shall be added to the term of imprisonment imposed by the court;
(D) an attempt to commit first degree murder
during which the person personally discharged a firearm that proximately caused
great bodily harm, permanent disability, permanent disfigurement, or death to
another person, is a Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by the court.
(2) the sentence for attempt to commit a Class X
felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1
felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2
felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony
other than those specified in subsections (1), (2), (3) and (4) hereof is the
sentence for a Class A misdemeanor.
(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)
(720 ILCS 5/8-5) (from Ch. 38, par. 8-5)
Sec. 8-5. Multiple convictions.
No person shall be convicted of both the inchoate and the principal offense.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/8-6) (from Ch. 38, par. 8-6)
Sec. 8-6. Offense. For the purposes of this Article, "offense" shall
include conduct which if performed in another State would be criminal by the
laws of that State and which conduct if performed in this State would be an
offense under the laws of this State.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/Tit. III Pt. B heading)
PART B. OFFENSES DIRECTED AGAINST THE PERSON
(720 ILCS 5/Art. 9 heading)
ARTICLE 9. HOMICIDE
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties - Exceptions - Separate
Hearings - Proof - Findings - Appellate procedures - Reversals.
(a) A person who kills an individual without lawful justification commits first
degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm
to that individual or another, or knows that such acts will cause death to that
individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that individual or another; or
(3) he is attempting or committing a forcible felony
other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of the commission of the
offense has attained the age of 18 or more and who has been found guilty of
first degree murder may be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for performing his
official duties, and the defendant knew or should have known that the murdered
individual was a peace officer or fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections, or any similar local
correctional agency, killed in the course of performing his official duties, to
prevent the performance of his official duties, or in retaliation for
performing his official duties, or the murdered individual was an inmate at
such institution or facility and was killed on the grounds thereof, or the
murdered individual was otherwise present in such institution or facility with
the knowledge and approval of the chief administrative officer thereof; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section or under any law of
the United States or of any state which is substantially similar to subsection
(a) of this Section regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so long as the deaths were
the result of either an intent to kill more than one person or of separate acts
which the defendant knew would cause death or create a strong probability of
death or great bodily harm to the murdered individual or another; or
(4) the murdered individual was killed as a result of
the hijacking of an airplane, train, ship, bus or other public conveyance; or
(5) the defendant committed the murder pursuant to a
contract, agreement or understanding by which he was to receive money or
anything of value in return for committing the murder or procured another to
commit the murder for money or anything of value; or
(6) the murdered individual was killed in the course
of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally
inflicted by the defendant substantially contemporaneously with physical
injuries caused by one or more persons for whose conduct the defendant is
legally accountable under Section 5-2 of this Code, and the physical injuries
inflicted by either the defendant or the other person or persons for whose
conduct he is legally accountable caused the death of the murdered individual;
and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in physical injuries personally
inflicted by the defendant on the murdered individual under the circumstances
of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of
this Section, the defendant acted with the intent to kill the murdered
individual or with the knowledge that his acts created a strong probability of
death or great bodily harm to the murdered individual or another; and
(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent crime. In this
subparagraph (c), "inherently violent crime" includes, but is not
limited to, armed robbery, robbery, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, aggravated kidnapping, aggravated
vehicular hijacking, aggravated arson, aggravated stalking, residential
burglary, and home invasion; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous behavior indicative
of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or participating in any criminal
investigation or prosecution or giving material assistance to the State in any
investigation or prosecution, either against the defendant or another; or the
defendant committed the murder because the murdered individual was a witness in
any prosecution or gave material assistance to the State in any investigation
or prosecution, either against the defendant or another; for purposes of this
paragraph (8), "participating in any criminal investigation or
prosecution" is intended to include those appearing in the proceedings in
any capacity such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection
(b) of Section 404 of the Illinois Controlled Substances Act, or while engaged
in a conspiracy or solicitation to commit such offense, intentionally killed an
individual or counseled, commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an institution
or facility of the Department of Corrections at the time of the murder, and
while committing an offense punishable as a felony under Illinois law, or while
engaged in a conspiracy or solicitation to commit such offense, intentionally
killed an individual or counseled, commanded, induced, procured or caused the
intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan, scheme or design to
take a human life by unlawful means, and the conduct of the defendant created a
reasonable expectation that the death of a human being would result therefrom;
or
(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or other governmental unit,
killed in the course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for performing his
official duties, and the defendant knew or should have known that the murdered
individual was an emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug conspiracy consisting of a
hierarchical position of authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded, induced, procured, or
caused the intentional killing of the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section torture means the
infliction of or subjection to extreme physical pain, motivated by an intent to
increase or prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a motor vehicle and
the victim was not present within the motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or heinous behavior
indicative of wanton cruelty; or
(17) the murdered individual was a disabled person
and the defendant knew or should have known that the murdered individual was
disabled. For purposes of this paragraph (17), "disabled person"
means a person who suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder, or a congenital
condition that renders the person incapable of adequately providing for his or
her own health or personal care; or
(18) the murder was committed by reason of any
person's activity as a community policing volunteer or to prevent any person
from engaging in activity as a community policing volunteer; or
(19) the murdered individual was subject to an order
of protection and the murder was committed by a person against whom the same
order of protection was issued under the Illinois Domestic Violence Act of
1986; or
(20) the murdered individual was known by the
defendant to be a teacher or other person employed in any school and the
teacher or other employee is upon the grounds of a school or grounds adjacent
to a school, or is in any part of a building used for school purposes; or
(21) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism as defined in
Section 29D-30 of this Code.
(c) Consideration of factors in Aggravation and Mitigation.
The court shall consider, or shall instruct the jury to consider any
aggravating and any mitigating factors which are relevant to the imposition of
the death penalty. Aggravating factors may include but need not be limited to
those factors set forth in subsection (b). Mitigating factors may include but
need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional disturbance, although not
such as to constitute a defense to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the homicidal act;
(4) the defendant acted under the compulsion of
threat or menace of the imminent infliction of death or great bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a separate sentencing
proceeding to determine the existence of factors set forth in subsection (b)
and to consider any aggravating or mitigating factors as indicated in
subsection (c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of the factors set forth
in subsection (b) may be presented by either the State or the defendant under
the rules governing the admission of evidence at criminal trials. Any
information relevant to any additional aggravating factors or any mitigating
factors indicated in subsection (c) may be presented by the State or defendant
regardless of its admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant shall be given fair
opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of the factors set
forth in subsection (b) is on the State and shall not be satisfied unless
established beyond a reasonable doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds that none of the
factors set forth in subsection (b) exists, the court shall sentence the
defendant to a term of imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that one or more of
the factors set forth in subsection (b) exist, the jury shall consider aggravating
and mitigating factors as instructed by the court and shall determine whether
the sentence of death shall be imposed. If the jury determines unanimously,
after weighing the factors in aggravation and mitigation, that death is the
appropriate sentence, the court shall sentence the defendant to death. If the
court does not concur with the jury determination that death is the appropriate
sentence, the court shall set forth reasons in writing including what facts or
circumstances the court relied upon, along with any relevant documents, that
compelled the court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review. The court shall
be bound by the jury's sentencing determination.
If after weighing the factors in aggravation and mitigation, one or more jurors
determines that death is not the appropriate sentence, the court shall sentence
the defendant to a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds that none of the
factors found in subsection (b) exists, the court shall sentence the defendant
to a term of imprisonment under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set forth in subsection
(b) exists, the Court shall consider any aggravating and mitigating factors as
indicated in subsection (c). If the Court determines, after weighing the
factors in aggravation and mitigation, that death is the appropriate sentence,
the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate sentence, the court shall
sentence the defendant to a term of imprisonment under Chapter V of the Unified
Code of Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of first degree murder
by a judge or jury, or a case on remand for resentencing, and the State seeks
the death penalty as an appropriate sentence, on the court's own motion or the
written motion of the defendant, the court may decertify the case as a death
penalty case if the court finds that the only evidence supporting the
defendant's conviction is the uncorroborated testimony of an informant witness,
as defined in Section 115-21 of the Code of Criminal Procedure of 1963,
concerning the confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single accomplice
without any other corroborating evidence. If the court decertifies the case as
a capital case under either of the grounds set forth above, the court shall
issue a written finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If the court does not
decertify the case as a capital case, the matter shall proceed to the
eligibility phase of the sentencing hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to automatic review by
the Supreme Court. Such review shall be in accordance with rules promulgated by
the Supreme Court. The Illinois Supreme Court may overturn the death sentence,
and order the imposition of imprisonment under Chapter V of the Unified Code of
Corrections if the court finds that the death sentence is fundamentally unjust
as applied to the particular case. If the Illinois Supreme Court finds that the
death sentence is fundamentally unjust as applied to the particular case,
independent of any procedural grounds for relief, the Illinois Supreme Court
shall issue a written opinion explaining this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to be unconstitutional
by the Supreme Court of the United States or of the State of Illinois, any
person convicted of first degree murder shall be sentenced by the court to a
term of imprisonment under Chapter V of the Unified Code of Corrections.
In the event that any death sentence pursuant to the sentencing provisions of
this Section is declared unconstitutional by the Supreme Court of the United
States or of the State of Illinois, the court having jurisdiction over a person
previously sentenced to death shall cause the defendant to be brought before
the court, and the court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association shall consult on
voluntary guidelines for procedures governing whether or not to seek the death
penalty. The guidelines do not have the force of law and are only advisory in
nature.
(Source: P.A. 92-854, eff. 12-5-02; 93-605, eff. 11-19-03.)
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child.
(a) A person commits the offense of intentional homicide of an unborn child if,
in performing acts which cause the death of an unborn child, he without lawful
justification:
(1) either intended to cause the death of or do
great bodily harm to the pregnant woman or her unborn child or knew that such
acts would cause death or great bodily harm to the pregnant woman or her unborn
child; or
(2) he knew that his acts created a strong
probability of death or great bodily harm to the pregnant woman or her unborn
child; and
(3) he knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from fertilization until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is
killed.
(c) This Section shall not apply to acts which cause the death of an unborn
child if those acts were committed during any abortion, as defined in Section 2
of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman
has consented. This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice during diagnostic
testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child shall be
the same as for first degree murder, except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of imprisonment imposed by
the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be added to the term of
imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately caused great bodily
harm, permanent disability, permanent disfigurement, or death to another
person, 25 years or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to prohibit the
prosecution of any person under any other provision of law.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/9-2) (from Ch. 38, par. 9-2)
Sec. 9-2. Second Degree Murder. (a) A person commits the offense of second
degree murder when he commits the offense of first degree murder as defined in
paragraphs (1) or (2) of subsection (a) of Section 9-1 of this Code and either
of the following mitigating factors are present:
(1) At the time of the killing he is acting under a sudden and intense passion
resulting from serious provocation by the individual killed or another whom the
offender endeavors to kill, but he negligently or accidentally causes the death
of the individual killed; or
(2) At the time of the killing he believes the circumstances to be such that,
if they existed, would justify or exonerate the killing under the principles
stated in Article 7 of this Code, but his belief is unreasonable.
(b) Serious provocation is conduct sufficient to excite an intense passion in a
reasonable person.
(c) When a defendant is on trial for first degree murder and evidence of either
of the mitigating factors defined in subsection (a) of this Section has been
presented, the burden of proof is on the defendant to prove either mitigating
factor by a preponderance of the evidence before the defendant can be found
guilty of second degree murder. However, the burden of proof remains on the
State to prove beyond a reasonable doubt each of the elements of first degree
murder and, when appropriately raised, the absence of circumstances at the time
of the killing that would justify or exonerate the killing under the principles
stated in Article 7 of this Code. In a jury trial for first degree murder in
which evidence of either of the mitigating factors defined in subsection (a) of
this Section has been presented and the defendant has requested that the jury
be given the option of finding the defendant guilty of second degree murder,
the jury must be instructed that it may not consider whether the defendant has
met his burden of proof with regard to second degree murder until and unless it
has first determined that the State has proven beyond a reasonable doubt each
of the elements of first degree murder.
(d) Sentence.
Second Degree Murder is a Class 1 felony.
(Source: P.A. 84-1450.)
(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) A person who kills
an unborn child without lawful justification commits voluntary manslaughter of
an unborn child if at the time of the killing he is acting under a sudden and
intense passion resulting from serious provocation by another whom the offender
endeavors to kill, but he negligently or accidentally causes the death of the
unborn child.
Serious provocation is conduct sufficient to excite an intense passion in a
reasonable person.
(b) A person who intentionally or knowingly kills an unborn child commits
voluntary manslaughter of an unborn child if at the time of the killing he
believes the circumstances to be such that, if they existed, would justify or
exonerate the killing under the principles stated in Article 7 of this Code,
but his belief is unreasonable.
(c) Sentence. Voluntary Manslaughter of an unborn child is a Class 1 felony.
(d) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from fertilization until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is
killed.
(e) This Section shall not apply to acts which cause the death of an unborn
child if those acts were committed during any abortion, as defined in Section 2
of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman
has consented. This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice during diagnostic
testing or therapeutic treatment.
(Source: P.A. 84-1414.)
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
(Text of Section from P.A. 95-467)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful
justification commits involuntary manslaughter if his acts whether lawful or
unlawful which cause the death are such as are likely to cause death or great
bodily harm to some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving of a motor
vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which
case the person commits reckless homicide. A person commits reckless homicide
if he or she unintentionally kills an individual while driving a vehicle and
using an incline in a roadway, such as a railroad crossing, bridge approach, or
hill, to cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-2) Except as provided in subsection (e-3), in cases involving reckless homicide
in which the offense is committed upon a public thoroughfare where children
pass going to and from school when a school crossing guard is performing
official duties, the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a term of not less
than 3 years and not more than 14 years.
(e-3) In cases involving reckless homicide in which (i) the offense is
committed upon a public thoroughfare where children pass going to and from
school when a school crossing guard is performing official duties and (ii) the
defendant causes the deaths of 2 or more persons as part of a single course of
conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a
term of imprisonment, shall be sentenced to a term of not less than 6 years and
not more than 28 years.
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in cases involving
reckless homicide in which the defendant was driving in a construction or
maintenance zone, as defined in Section 11-605 of the Illinois Vehicle Code,
the penalty is a Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3 years and not
more than 14 years.
(e-8) In cases involving reckless homicide in which the defendant was driving
in a construction or maintenance zone, as defined in Section 11-605 of the
Illinois Vehicle Code, and caused the deaths of 2 or more persons as part of a
single course of conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a term of not
less than 6 years and not more than 28 years.
(e-9) In cases involving reckless homicide in which the defendant drove a
vehicle and used an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne, and caused the
deaths of 2 or more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
(f) In cases involving involuntary manslaughter in which the victim was a
family or household member as defined in paragraph (3) of Section 112A-3 of the
Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
(Source: P.A. 95-467, eff. 6-1-08.)
(Text of Section from P.A. 95-551)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful
justification commits involuntary manslaughter if his acts whether lawful or
unlawful which cause the death are such as are likely to cause death or great
bodily harm to some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving of a motor
vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which
case the person commits reckless homicide. A person commits reckless homicide
if he or she unintentionally kills an individual while driving a vehicle and
using an incline in a roadway, such as a railroad crossing, bridge approach, or
hill, to cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in cases involving
reckless homicide in which the defendant was driving in a construction or
maintenance zone, as defined in Section 11-605 of the Illinois Vehicle Code,
the penalty is a Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3 years and not
more than 14 years.
(e-8) In cases involving reckless homicide in which the defendant was driving
in a construction or maintenance zone, as defined in Section 11-605 of the
Illinois Vehicle Code, and caused the deaths of 2 or more persons as part of a
single course of conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a term of not
less than 6 years and not more than 28 years.
(e-9) In cases involving reckless homicide in which the defendant drove a
vehicle and used an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne, and caused the
deaths of 2 or more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
(e-10) In cases involving involuntary manslaughter or reckless homicide
resulting in the death of a peace officer killed in the performance of his or
her duties as a peace officer, the penalty is a Class 2 felony.
(f) In cases involving involuntary manslaughter in which the victim was a
family or household member as defined in paragraph (3) of Section 112A-3 of the
Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
(Source: P.A. 95-551, eff. 6-1-08.)
(Text of Section from P.A. 95-587)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful justification
commits involuntary manslaughter if his acts whether lawful or unlawful which
cause the death are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in cases in which the
cause of the death consists of the driving of a motor vehicle or operating a
snowmobile, all-terrain vehicle, or watercraft, in which case the person
commits reckless homicide. A person commits reckless homicide if he or she
unintentionally kills an individual while driving a vehicle and using an
incline in a roadway, such as a railroad crossing, bridge approach, or hill, to
cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in cases involving
reckless homicide in which the defendant was driving in a construction or
maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code,
the penalty is a Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3 years and not
more than 14 years.
(e-8) In cases involving reckless homicide in which the defendant was driving
in a construction or maintenance zone, as defined in Section 11-605.1 of the
Illinois Vehicle Code, and caused the deaths of 2 or more persons as part of a
single course of conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a term of not
less than 6 years and not more than 28 years.
(e-9) In cases involving reckless homicide in which the defendant drove a
vehicle and used an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne, and caused the
deaths of 2 or more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
(e-10) In cases involving reckless homicide in which the defendant
unintentionally kills an individual while driving in a posted school zone, as
defined in Section 11-605 of the Illinois Vehicle Code, while children are
present or in a construction or maintenance zone, as defined in Section 11-605.1
of the Illinois Vehicle Code, when construction or maintenance workers are
present the trier of fact may infer that the defendant's actions were performed
recklessly where he or she was also either driving at a speed of more than 20
miles per hour in excess of the posted speed limit or violating Section 11-501
of the Illinois Vehicle Code.
(f) In cases involving involuntary manslaughter in which the victim was a
family or household member as defined in paragraph (3) of Section 112A-3 of the
Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
(Source: P.A. 95-587, eff. 6-1-08.)
(Text of Section from P.A. 95-591)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful
justification commits involuntary manslaughter if his acts whether lawful or
unlawful which cause the death are such as are likely to cause death or great
bodily harm to some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving of a motor
vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which
case the person commits reckless homicide. A person commits reckless homicide
if he or she unintentionally kills an individual while driving a vehicle and
using an incline in a roadway, such as a railroad crossing, bridge approach, or
hill, to cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in cases involving
reckless homicide in which the defendant: (1) was driving in a construction or
maintenance zone, as defined in Section 11-605 of the Illinois Vehicle Code, or
(2) was operating a vehicle while failing or refusing to comply with any lawful
order or direction of any authorized police officer or traffic control aide
engaged in traffic control, the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years.
(e-8) In cases involving reckless homicide in which the defendant caused the
deaths of 2 or more persons as part of a single course of conduct and: (1) was
driving in a construction or maintenance zone, as defined in Section 11-605 of
the Illinois Vehicle Code, or (2) was operating a vehicle while failing or
refusing to comply with any lawful order or direction of any authorized police
officer or traffic control aide engaged in traffic control, the penalty is a
Class 2 felony, for which a person, if sentenced to a term of imprisonment,
shall be sentenced to a term of not less than 6 years and not more than 28
years.
(e-9) In cases involving reckless homicide in which the defendant drove a
vehicle and used an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne, and caused the
deaths of 2 or more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
(f) In cases involving involuntary manslaughter in which the victim was a
family or household member as defined in paragraph (3) of Section 112A-3 of the
Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
(Source: P.A. 95-591, eff. 9-10-07.)
(720 ILCS 5/9-3.1) (from Ch. 38, par. 9-3.1)
Sec. 9-3.1. Concealment of homicidal death. (a) A person commits the offense of
concealment of homicidal death when he conceals the death of any other person
with knowledge that such other person has died by homicidal means.
(b) Nothing in this Section prevents the defendant from also being charged with
and tried for the first degree murder, second degree murder or involuntary
manslaughter of the person whose death is concealed. If a person convicted
under this Section is also convicted of first degree murder, second degree
murder or involuntary manslaughter, the penalty under this Section shall be
imposed separately and in addition to the penalty for first degree murder,
second degree murder or involuntary manslaughter.
(c) Sentence.
Concealment of homicidal death is a Class 3 felony.
(Source: P.A. 84-1308; 84-1450.)
(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide of an Unborn Child.
(a) A person who unintentionally kills an unborn child without lawful
justification commits involuntary manslaughter of an unborn child if his acts
whether lawful or unlawful which cause the death are such as are likely to
cause death or great bodily harm to some individual, and he performs them
recklessly, except in cases in which the cause of death consists of the driving
of a motor vehicle, in which case the person commits reckless homicide of an
unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3 felony.
(c) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from fertilization until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is
killed.
(d) This Section shall not apply to acts which cause the death of an unborn
child if those acts were committed during any abortion, as defined in Section 2
of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman
has consented. This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice during diagnostic
testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed to prohibit the
prosecution of any person under any other provision of law, nor shall it be
construed to preclude any civil cause of action.
(Source: P.A. 84-1414.)
(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
Sec. 9-3.3. Drug-induced homicide.
(a) A person who violates Section 401 of the Illinois Controlled Substances Act
or Section 55 of the Methamphetamine Control and Community Protection Act by
unlawfully delivering a controlled substance to another, and any person's death
is caused by the injection, inhalation or ingestion of any amount of that
controlled substance, commits the offense of drug-induced homicide.
(b) Sentence. Drug-induced homicide is a Class X felony.
(c) A person who commits drug-induced homicide by violating subsection (a) or
subsection (c) of Section 401 of the Illinois Controlled Substances Act or
Section 55 of the Methamphetamine Control and Community Protection Act commits
a Class X felony for which the defendant shall in addition to a sentence
authorized by law, be sentenced to a term of imprisonment of not less than 15
years and not more than 30 years or an extended term of not less than 30 years
and not more than 60 years.
(Source: P.A. 94-556, eff. 9-11-05; 94-560, eff. 1-1-06; 95-331, eff. 8-21-07.)
(720 ILCS 5/Art. 10 heading)
ARTICLE 10. KIDNAPING AND RELATED OFFENSES
(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
Sec. 10-1. Kidnapping.) (a) Kidnapping occurs when a person knowingly:
(1) And secretly confines another against his will, or
(2) By force or threat of imminent force carries another from one place to
another with intent secretly to confine him against his will, or
(3) By deceit or enticement induces another to go from one place to another
with intent secretly to confine him against his will.
(b) Confinement of a child under the age of 13 years is against his will within
the meaning of this Section if such confinement is without the consent of his
parent or legal guardian.
(c) Sentence.
Kidnapping is a Class 2 felony.
(Source: P.A. 79-765.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A kidnaper within the definition of paragraph (a) of Section 10-1 is guilty
of the offense of aggravated kidnaping when he:
(1) Kidnaps for the purpose of obtaining ransom from
the person kidnaped or from any other person, or
(2) Takes as his victim a child under the age of 13
years, or a severely or profoundly mentally retarded person, or
(3) Inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon his victim, or
(4) Wears a hood, robe or mask or conceals his
identity, or
(5) Commits the offense of kidnaping while armed
with a dangerous weapon, other than a firearm, as defined in Section 33A-1 of
the "Criminal Code of 1961", or
(6) Commits the offense of kidnaping while armed
with a firearm, or
(7) During the commission of the offense of
kidnaping, personally discharged a firearm, or
(8) During the commission of the offense of
kidnaping, personally discharged a firearm that proximately caused great bodily
harm, permanent disability, permanent disfigurement, or death to another
person.
As used in this Section, "ransom" includes money, benefit or other
valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of paragraph (1), (2), (3),
(4), or (5) of subsection (a) is a Class X felony. A violation of subsection
(a)(6) is a Class X felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection (a)(7) is a Class
X felony for which 20 years shall be added to the term of imprisonment imposed
by the court. A violation of subsection (a)(8) is a Class X felony for which 25
years or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense of aggravated
kidnaping shall be sentenced to a term of natural life imprisonment; provided,
however, that a sentence of natural life imprisonment shall not be imposed
under this Section unless the second or subsequent offense was committed after
conviction on the first offense.
(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
(720 ILCS 5/10-3) (from Ch. 38, par. 10-3)
Sec. 10-3. Unlawful restraint.) (a) A person commits the offense of unlawful
restraint when he knowingly without legal authority detains another.
(b) Sentence.
Unlawful restraint is a Class 4 felony.
(Source: P.A. 79-840.)
(720 ILCS 5/10-3.1) (from Ch. 38, par. 10-3.1)
Sec. 10-3.1. Aggravated Unlawful Restraint. (a) A person commits the offense of
aggravated unlawful restraint when he knowingly without legal authority detains
another while using a deadly weapon.
(b) Sentence. Aggravated unlawful restraint is a Class 3 felony.
(Source: P.A. 84-930.)
(720 ILCS 5/10-4) (from Ch. 38, par. 10-4)
Sec. 10-4. Forcible Detention.) (a) A person commits the offense of forcible
detention when he holds an individual hostage without lawful authority for the
purpose of obtaining performance by a third person of demands made by the
person holding the hostage, and
(1) the person holding the hostage is armed with a dangerous weapon as defined
in Section 33A-1 of this Code, or
(2) the hostage is known to the person holding him to be a peace officer or a
correctional employee engaged in the performance of his official duties.
(b) Forcible detention is a Class 2 felony.
(Source: P.A. 79-941.)
(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
Sec. 10-5. Child Abduction.
(a) For purposes of this Section, the following terms shall have the following
meanings:
(1) "Child" means a person under the age of 18 or a
severely or profoundly mentally retarded person at the time the alleged
violation occurred; and
(2) "Detains" means taking or retaining physical
custody of a child, whether or not the child resists or objects; and
(3) "Lawful custodian" means a person or persons
granted legal custody of a child or entitled to physical possession of a child
pursuant to a court order. It is presumed that, when the parties have never
been married to each other, the mother has legal custody of the child unless a
valid court order states otherwise. If an adjudication of paternity has been
completed and the father has been assigned support obligations or visitation
rights, such a paternity order should, for the purposes of this Section be
considered a valid court order granting custody to the mother.
(b) A person commits child abduction when he or she:
(1) Intentionally violates any terms of a valid
court order granting sole or joint custody, care or possession to another, by
concealing or detaining the child or removing the child from the jurisdiction
of the court; or
(2) Intentionally violates a court order prohibiting
the person from concealing or detaining the child or removing the child from
the jurisdiction of the court; or
(3) Intentionally conceals, detains or removes the
child without the consent of the mother or lawful custodian of the child if the
person is a putative father and either: (A) the paternity of the child has not
been legally established or (B) the paternity of the child has been legally
established but no orders relating to custody have been entered. However,
notwithstanding the presumption created by paragraph (3) of subsection (a), a
mother commits child abduction when she intentionally conceals or removes a
child, whom she has abandoned or relinquished custody of, from an unadjudicated
father who has provided sole ongoing care and custody of the child in her
absence; or
(4) Intentionally conceals or removes the child from
a parent after filing a petition or being served with process in an action
affecting marriage or paternity but prior to the issuance of a temporary or
final order determining custody; or
(5) At the expiration of visitation rights outside
the State, intentionally fails or refuses to return or impedes the return of
the child to the lawful custodian in Illinois; or
(6) Being a parent of the child, and where the
parents of such child are or have been married and there has been no court
order of custody, conceals the child for 15 days, and fails to make reasonable
attempts within the 15 day period to notify the other parent as to the specific
whereabouts of the child, including a means by which to contact such child, or
to arrange reasonable visitation or contact with the child. It is not a
violation of this Section for a person fleeing domestic violence to take the
child with him or her to housing provided by a domestic violence program; or
(7) Being a parent of the child, and where the
parents of the child are or have been married and there has been no court order
of custody, conceals, detains, or removes the child with physical force or
threat of physical force; or
(8) Conceals, detains, or removes the child for
payment or promise of payment at the instruction of a person who has no legal
right to custody; or
(9) Retains in this State for 30 days a child
removed from another state without the consent of the lawful custodian or in
violation of a valid court order of custody; or
(10) Intentionally lures or attempts to lure a child
under the age of 16 into a motor vehicle, building, housetrailer, or dwelling
place without the consent of the parent or lawful custodian of the child for
other than a lawful purpose.
For the purposes of this subsection (b), paragraph (10), the luring or
attempted luring of a child under the age of 16 into a motor vehicle, building,
housetrailer, or dwelling place without the consent of the parent or lawful
custodian of the child shall be prima facie evidence of other than a lawful
purpose.
(c) It shall be an affirmative defense that:
(1) The person had custody of the child pursuant to
a court order granting legal custody or visitation rights which existed at the
time of the alleged violation; or
(2) The person had physical custody of the child
pursuant to a court order granting legal custody or visitation rights and
failed to return the child as a result of circumstances beyond his or her
control, and the person notified and disclosed to the other parent or legal
custodian the specific whereabouts of the child and a means by which such child
can be contacted or made a reasonable attempt to notify the other parent or
lawful custodian of the child of such circumstances and make such disclosure
within 24 hours after the visitation period had expired and returned the child
as soon as possible; or
(3) The person was fleeing an incidence or pattern
of domestic violence; or
(4) The person lured or attempted to lure a child
under the age of 16 into a motor vehicle, building, housetrailer, or dwelling
place for a lawful purpose in prosecutions under subsection (b), paragraph
(10).
(d) A person convicted of child abduction under this Section is guilty of a
Class 4 felony. A person convicted of a second or subsequent violation of
paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony.
It shall be a factor in aggravation for which a court may impose a more severe
sentence under Section 5-8-1 of the Unified Code of Corrections, if upon
sentencing the court finds evidence of any of the following aggravating
factors:
(1) that the defendant abused or neglected the child
following the concealment, detention or removal of the child; or
(2) that the defendant inflicted or threatened to
inflict physical harm on a parent or lawful custodian of the child or on the
child with intent to cause such parent or lawful custodian to discontinue
criminal prosecution of the defendant under this Section; or
(3) that the defendant demanded payment in exchange
for return of the child or demanded that he or she be relieved of the financial
or legal obligation to support the child in exchange for return of the child;
or
(4) that the defendant has previously been convicted
of child abduction; or
(5) that the defendant committed the abduction while
armed with a deadly weapon or the taking of the child resulted in serious
bodily injury to another; or
(6) that the defendant committed the abduction while
in a school, regardless of the time of day or time of year; in a playground; on
any conveyance owned, leased, or contracted by a school to transport students
to or from school or a school related activity; on the real property of a
school; or on a public way within 1,000 feet of the real property comprising
any school or playground. For purposes of this paragraph (6),
"playground" means a piece of land owned or controlled by a unit of
local government that is designated by the unit of local government for use
solely or primarily for children's recreation; and "school" means a
public or private elementary or secondary school, community college, college,
or university.
(e) The court may order the child to be returned to the parent or lawful
custodian from whom the child was concealed, detained or removed. In addition
to any sentence imposed, the court may assess any reasonable expense incurred
in searching for or returning the child against any person convicted of
violating this Section.
(f) Nothing contained in this Section shall be construed to limit the court's
contempt power.
(g) Every law enforcement officer investigating an alleged incident of child
abduction shall make a written police report of any bona fide allegation and
the disposition of such investigation. Every police report completed pursuant
to this Section shall be compiled and recorded within the meaning of Section
5.1 of "An Act in relation to criminal identification and
investigation", approved July 2, 1931, as now or hereafter amended.
(h) Whenever a law enforcement officer has reasons to believe a child abduction
has occurred, he shall provide the lawful custodian a summary of her or his rights
under this Act, including the procedures and relief available to her or him.
(i) If during the course of an investigation under this Section the child is
found in the physical custody of the defendant or another, the law enforcement
officer shall return the child to the parent or lawful custodian from whom the
child was concealed, detained or removed, unless there is good cause for the
law enforcement officer or the Department of Children and Family Services to
retain temporary protective custody of the child pursuant to the Abused and
Neglected Child Reporting Act, as now or hereafter amended.
(Source: P.A. 92-434, eff. 1-1-02.)
(720 ILCS 5/10-5.1)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 10-5.1. Luring of a minor.
(a) A person commits the offense of luring of a minor when the offender is 21
years of age or older and knowingly contacts or communicates electronically to
the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure or transport
the minor away from his or her home, or other location known by the minor's
parent or legal guardian to be the place where the minor is to be located;
(3) for an unlawful purpose;
(4) without the express consent of the person's
parent or legal guardian;
(5) with the intent to avoid the express consent of
the person's parent or legal guardian;
(6) after so communicating, commits any act in
furtherance of the intent described in clause (a)(2); and
(7) is a stranger to the parents or legal guardian of
the minor.
(b) A person commits the offense of luring of a minor
when the offender is at least 18 years of age but under 21 years of age and
knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport
the minor away from his or her home or other location known by the minor's
parent or legal guardian, to be the place where the minor is to be located;
(3) for an unlawful purpose;
(4) without the express consent of the person's
parent or legal guardian;
(5) with the intent to avoid the express consent of
the person's parent or legal guardian;
(6) after so communicating, commits any act in
furtherance of the intent described in clause (b)(2); and
(7) is a stranger to the parents or legal guardian of
the minor.
(c) Definitions. For purposes of this Section:
(1) "Emergency situation" means a situation in which
the minor is threatened with imminent bodily harm, emotional harm or
psychological harm.
(2) "Express consent" means oral or written
permission that is positive, direct, and unequivocal, requiring no inference or
implication to supply its meaning.
(3) "Contacts or communicates electronically"
includes but is not limited to, any attempt to make contact or communicate
telephonically or through the Internet or text messages.
(4) "Luring" shall mean any knowing act to solicit,
entice, tempt, or attempt to attract the minor.
(5) "Minor" shall mean any person under the age of 15.
(6) "Stranger" shall have its common and ordinary
meaning, including but not limited to, a person that is either not known by the
parents of the minor or does not have any association with the parents of the
minor.
(7) "Unlawful purpose" shall mean any misdemeanor or
felony violation of State law or a similar federal or sister state law or local
ordinance.
(d) This Section may not be interpreted to criminalize an
act or person contacting a minor within the scope and course of his employment,
or status as a volunteer of a recognized civic, charitable or youth
organization.
(e) This Section is intended to protect minors and to
help parents and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense
under this Section 10-5.1 that the accused reasonably believed that the minor
was over the age of 15.
(2) It shall be an affirmative defense to any offense
under this Section 10-5.1 that the accused is assisting the minor in an
emergency situation.
(3) It shall not be a defense to the prosecution of
any offense under this Section 10-5.1 if the person who is contacted by the
offender is posing as a minor and is in actuality an adult law enforcement
officer.
(g) Penalties.
(1) A first offense of luring of a minor under
subsection (a) shall be a Class 4 felony. A person convicted of luring of a
minor under subsection (a) shall undergo a sex offender evaluation prior to a
sentence being imposed. An offense of luring of a minor under subsection (a)
when a person has a prior conviction in Illinois of a sex offense as defined in
the Sex Offender Registration Act, or any substantially similar federal,
Uniform Code of Military Justice, sister state, or foreign government offense,
is guilty of a Class 2 felony.
(2) A first offense of luring of a minor under
subsection (b) is a Class B misdemeanor.
(3) A second or subsequent offense of luring of a
minor under subsection (a) is a Class 3 felony. A second or subsequent offense
of luring of a minor under subsection (b) is a Class 4 felony. A second or
subsequent offense when a person has a prior conviction in Illinois of a sex
offense as defined in the Sex Offender Registration Act, or any substantially
similar federal, Uniform Code of Military Justice, sister state, or foreign
government offense, is a Class 1 felony. A defendant convicted a second time of
an offense under subsection (a) or (b) shall register as a sexual predator of
children pursuant to the Sex Offender Registration Act.
(4) A third or subsequent offense is a Class 1
felony. A third or subsequent offense when a person has a prior conviction in
Illinois of a sex offense as defined in the Sex Offender Registration Act, or
any substantially similar federal, Uniform Code of Military Justice, sister
state, or foreign government offense, is a Class X felony.
(h) For violations of subsection (a), jurisdiction shall
be established if the transmission that constitutes the offense either
originates in this State or is received in this State and does not apply to
emergency situations. For violations of subsection (b), jurisdiction shall be
established in any county where the act in furtherance of the commission of the
offense is committed, in the county where the minor resides, or in the county
where the offender resides.
(Source: P.A. 95-625, eff. 6-1-08.)
(720 ILCS 5/10-5.5)
Sec. 10-5.5. Unlawful visitation interference.
(a) As used in this Section, the terms "child", "detain",
and "lawful custodian" shall have the meanings ascribed to them in
Section 10-5 of this Code.
(b) Every person who, in violation of the visitation provisions of a court
order relating to child custody, detains or conceals a child with the intent to
deprive another person of his or her rights to visitation shall be guilty of
unlawful visitation interference.
(c) A person committing unlawful visitation interference is guilty of a petty
offense. However, any person violating this Section after 2 prior convictions
of unlawful visitation interference is guilty of a Class A misdemeanor.
(d) Any law enforcement officer who has probable cause to believe that a person
has committed or is committing an act in violation of this Section shall issue
to that person a notice to appear.
(e) The notice shall:
(1) be in writing;
(2) state the name of the person and his address, if
known;
(3) set forth the nature of the offense;
(4) be signed by the officer issuing the notice; and
(5) request the person to appear before a court at a
certain time and place.
(f) Upon failure of the person to appear, a summons or warrant of arrest may be
issued.
(g) It is an affirmative defense that:
(1) a person or lawful custodian committed the act
to protect the child from imminent physical harm, provided that the defendant's
belief that there was physical harm imminent was reasonable and that the
defendant's conduct in withholding visitation rights was a reasonable response
to the harm believed imminent;
(2) the act was committed with the mutual consent of
all parties having a right to custody and visitation of the child; or
(3) the act was otherwise authorized by law.
(h) A person convicted of unlawful visitation interference shall not be subject
to a civil contempt citation for the same conduct for violating visitation
provisions of a court order issued under the Illinois Marriage and Dissolution
of Marriage Act.
(Source: P.A. 88-96.)
(720 ILCS 5/10-6) (from Ch. 38, par. 10-6)
Sec. 10-6. Harboring a runaway.
(a) Any person, other than an agency or association providing crisis
intervention services as defined in Section 3-5 of the Juvenile Court Act of
1987, or an operator of a youth emergency shelter as defined in Section 2.21 of
the Child Care Act of 1969, who, without the knowledge and consent of the
minor's parent or guardian, knowingly gives shelter to a minor, other than a
mature minor who has been emancipated under the Emancipation of Minors Act, for
more than 48 hours without the consent of the minor's parent or guardian, and
without notifying the local law enforcement authorities of the minor's name and
the fact that the minor is being provided shelter commits the offense of
harboring a runaway.
(b) Any person who commits the offense of harboring a runaway is guilty of a
Class A misdemeanor.
(Source: P.A. 95-331, eff. 8-21-07.)
(720 ILCS 5/10-7) (from Ch. 38, par. 10-7)
Sec. 10-7. Aiding and abetting child abduction. (a) A person violates this
Section when:
(i) Before or during the commission of a child abduction as defined in Section
10-5 and with the intent to promote or facilitate such offense, he or she
intentionally aids or abets another in the planning or commission of child
abduction, unless before the commission of the offense he or she makes proper
effort to prevent the commission of the offense; or
(ii) With the intent to prevent the apprehension of a person known to have
committed the offense of child abduction, or with the intent to obstruct or
prevent efforts to locate the child victim of a child abduction, he or she
knowingly destroys, alters, conceals or disguises physical evidence or
furnishes false information.
(b) Sentence. A person who violates this Section commits a Class 4 felony.
(Source: P.A. 84-1308.)
(720 ILCS 5/10-8) (from Ch. 38, par. 10-8)
Sec. 10-8. Unlawful sale of a public conveyance travel ticket to a minor. (a) A
person commits the offense of unlawful sale of a public conveyance travel
ticket to a minor when the person sells a ticket for travel on any public
conveyance to an unemancipated minor under 17 years of age without the consent
of the minor's parents or guardian for passage to a destination outside this
state and knows the minor's age or fails to take reasonable measures to
ascertain the minor's age.
(b) Evidence. The fact that the defendant demanded, was shown, and reasonably
relied upon written evidence of a person's age in any transaction forbidden by
this Section is competent evidence, and may be considered in any criminal
prosecution for a violation of this Section.
(c) Definition. "Public Conveyance", includes an airplane, boat, bus,
railroad, train, taxicab or other vehicle used for the transportation of
passengers for hire.
(d) Sentence. Unlawful sale of a public conveyance travel ticket to a minor is
a Class C misdemeanor.
(Source: P.A. 86-336.)
(720 ILCS 5/Art. 10A heading)
ARTICLE 10A. TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE
(Source: P.A. 94-9, eff. 1-1-06.)
(720 ILCS 5/10A-5)
Sec. 10A-5. Definitions. In this Article:
(1) "Intimidation" has the meaning prescribed in Section 12-6.
(2) "Commercial sexual activity" means any sex act on account of
which anything of value is given, promised to, or received by any person.
(3) "Financial harm" includes intimidation that brings about
financial loss, criminal usury, or employment contracts that violate the Frauds
Act.
(4) "Forced labor or services" means labor or services that are
performed or provided by another person and are obtained or maintained through:
(A) any scheme, plan, or pattern intending to cause
or threatening to cause serious harm to any person;
(B) an actor's physically restraining or threatening
to physically restrain another person;
(C) an actor's abusing or threatening to abuse the
law or legal process;
(D) an actor's knowingly destroying, concealing,
removing, confiscating, or possessing any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person;
(E) an actor's blackmail; or
(F) an actor's causing or threatening to cause
financial harm to or exerting financial control over any person.
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services,
to secure continued performance thereof, regardless of any initial agreement on
the part of the victim to perform such type of service.
(7) "Obtain" means, in relation to labor or services, to
secure performance thereof.
(8) "Services" means a relationship between a person and
the actor in which the person performs activities under the supervision of or
for the benefit of the actor. Commercial sexual activity and sexually-explicit
performances are forms of "services" under this Section. Nothing in
this provision should be construed to legitimize or legalize prostitution.
(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet) or public act or show
intended to arouse or satisfy the sexual desires or appeal to the prurient
interests of patrons.
(10) "Trafficking victim" means a person subjected to the
practices set forth in subsection (a) of Section 10A-10 (involuntary servitude)
or subsection (b) of Section 10A-10 (sexual servitude of a minor), or
transported in violation of subsection (c) of Section 10A-10 (trafficking of
persons for forced labor or services).
(Source: P.A. 94-9, eff. 1-1-06.)
(720 ILCS 5/10A-10)
Sec. 10A-10. Criminal provisions.
(a) Involuntary servitude. Whoever knowingly subjects, attempts to subject, or
engages in a conspiracy to subject another person to forced labor or services
shall be punished as follows, subject to subsection (d):
(1) by causing or threatening to cause physical harm
to any person, is guilty of a Class X felony;
(2) by physically restraining or threatening to
physically restrain another person, is guilty of a Class 1 felony;
(3) by abusing or threatening to abuse the law or
legal process, is guilty of a Class 2 felony;
(4) by knowingly destroying, concealing, removing,
confiscating or possessing any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person, is guilty of a Class 3 felony;
(5) by using intimidation, or using or threatening to
cause financial harm to or by exerting financial control over any person, is
guilty of a Class 4 felony.
(b) Involuntary servitude of a minor. Whoever knowingly
recruits, entices, harbors, transports, provides, or obtains by any means, or
attempts to recruit, entice, harbor, provide, or obtain by any means, another
person under 18 years of age, knowing that the minor will engage in commercial
sexual activity, a sexually-explicit performance, or the production of
pornography, or causes or attempts to cause a minor to engage in commercial
sexual activity, a sexually-explicit performance, or the production of
pornography, shall be punished as follows, subject to the provisions of
subsection (d):
(1) In cases involving a minor between the ages of 17
and 18 years, not involving overt force or threat, the defendant is guilty of a
Class 1 felony.
(2) In cases in which the minor had not attained the
age of 17 years, not involving overt force or threat, the defendant is guilty
of a Class X felony.
(3) In cases in which the violation involved overt
force or threat, the defendant is guilty of a Class X felony.
(c) Trafficking of persons for forced labor or services.
Whoever knowingly: (1) recruits, entices, harbors, transports, provides, or
obtains by any means, or attempts to recruit, entice, harbor, transport,
provide, or obtain by any means, another person, intending or knowing that the
person will be subjected to forced labor or services; or (2) benefits,
financially or by receiving anything of value, from participation in a venture
which has engaged in an act described in violation of paragraphs (a) or (b) of
this Section, subject to the provisions of subsection (d), is guilty of a Class
1 felony.
(d) Sentencing enhancements.
(1) Statutory maximum; sexual assault and extreme
violence. If the violation of this Article involves kidnapping or an attempt to
kidnap, aggravated criminal sexual assault or the attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree murder, the
defendant is guilty of a Class X felony.
(2) Sentencing considerations within statutory
maximums.
(A) Bodily injury. If, pursuant to a violation of
this Article, a victim suffered bodily injury, the defendant may be sentenced
to an extended term sentence under Section 5-8-2 of the Unified Code of
Corrections. The sentencing court must take into account the time in which the
victim was held in servitude, with increased penalties for cases in which the
victim was held for between 180 days and one year, and increased penalties for
cases in which the victim was held for more than one year.
(B) Number of victims. In determining sentences
within statutory maximums, the sentencing court should take into account the
number of victims, and may provide for substantially-increased sentences in
cases involving more than 10 victims.
(e) Restitution. Restitution is mandatory under this
Article. In addition to any other amount of loss identified, the court shall
order restitution including the greater of (1) the gross income or value to the
defendant of the victim's labor or services or (2) the value of the victim's
labor as guaranteed under the Minimum Wage Law and overtime provisions of the
Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(f) Trafficking victim services. Subject to the availability of funds, the
Department of Human Services may provide or fund emergency services and
assistance to individuals who are victims of one or more offenses defined in
this Article 10A.
(Source: P.A. 94-9, eff. 1-1-06.)
(720 ILCS 5/10A-15)
Sec. 10A-15. Forfeitures.
(a) A person who commits the offense of involuntary servitude, involuntary
servitude of a minor, or trafficking of persons for forced labor or services
under Section 10A-10 of this Code shall forfeit to the State of Illinois any
profits or proceeds and any interest or property he or she has acquired or
maintained in violation of Section 10A-10 of this Code that the sentencing
court determines, after a forfeiture hearing, to have been acquired or
maintained as a result of maintaining a person in involuntary servitude or
participating in trafficking in persons for forced labor or services.
(b) The court shall, upon petition by the Attorney
General or State's Attorney at any time following sentencing, conduct a hearing
to determine whether any property or property interest is subject to forfeiture
under this Section. At the forfeiture hearing the people shall have the burden
of establishing, by a preponderance of the evidence, that property or property
interests are subject to forfeiture under this Section.
(c) In any action brought by the People of the State of
Illinois under this Section, wherein any restraining order, injunction, or
prohibition or any other action in connection with any property or interest
subject to forfeiture under this Section is sought, the circuit court presiding
over the trial of the person or persons charged with involuntary servitude,
involuntary servitude of a minor, or trafficking in persons for forced labor or
services shall first determine whether there is probable cause to believe that
the person or persons so charged have committed the offense of involuntary
servitude, involuntary servitude of a minor, or trafficking in persons for
forced labor or services and whether the property or interest is subject to
forfeiture pursuant to this Section. In order to make such a determination,
prior to entering any such order, the court shall conduct a hearing without a
jury, wherein the People shall establish that there is: (i) probable cause that
the person or persons so charged have committed the offense of involuntary
servitude, involuntary servitude of a minor, or trafficking in persons for
forced labor or services and (ii) probable cause that any property or interest
may be subject to forfeiture pursuant to this Section. The hearing may be
conducted simultaneously with a preliminary hearing, if the prosecution is
commenced by information or complaint, or by motion of the People, at any stage
in the proceedings. The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information charging the offense
of involuntary servitude, involuntary servitude of a minor, or trafficking in
persons for forced labor or services or the return of an indictment by a grand
jury charging the offense of involuntary servitude, involuntary servitude of a
minor, or trafficking in persons for forced labor or services as sufficient evidence
of probable cause as provided in item (i) of this subsection (c). Upon such a
finding, the circuit court shall enter such restraining order, injunction or
prohibition, or shall take such other action in connection with any such
property or other interest subject to forfeiture, as is necessary to insure
that such property is not removed from the jurisdiction of the court,
concealed, destroyed, or otherwise disposed of by the owner of that property or
interest prior to a forfeiture hearing under this Section. The Attorney General
or State's Attorney shall file a certified copy of the restraining order,
injunction, or other prohibition with the recorder of deeds or registrar of
titles of each county where any such property of the defendant may be located.
No such injunction, restraining order, or other prohibition shall affect the
rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien
holder arising prior to the date of such filing. The court may, at any time,
upon verified petition by the defendant or an innocent owner or innocent bona
fide third party lien holder who neither had knowledge of, nor consented to,
the illegal act or omission, conduct a hearing to release all or portions of
any such property or interest that the court previously determined to be
subject to forfeiture or subject to any restraining order, injunction, or
prohibition or other action. The court may release such property to the
defendant or innocent owner or innocent bona fide third party lien holder who
neither had knowledge of, nor consented to, the illegal act or omission for
good cause shown and within the sound discretion of the court.
(d) Upon conviction of a person of involuntary
servitude, involuntary servitude of a minor, or trafficking in persons for
forced labor or services, the court shall authorize the Attorney General to
seize all property or other interest declared forfeited under this Section upon
such terms and conditions as the court shall deem proper.
(e) All monies forfeited and the sale proceeds of all
other property forfeited and seized under this Section shall be distributed as
follows:
(1) one-half shall be divided equally among all State
agencies and units of local government whose officers or employees conducted
the investigation that resulted in the forfeiture; and
(2) one-half shall be deposited into the Violent
Crime Victims Assistance Fund and targeted to services for victims of the
offenses of involuntary servitude, involuntary servitude of a minor, and
trafficking of persons for forced labor or services.
(Source: P.A. 94-9, eff. 1-1-06.)
(720 ILCS 5/10A-20)
Sec. 10A-20. Certification. The Attorney General, State's Attorneys, or any law
enforcement official shall certify in writing to the United States Department
of Justice or other federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under this Article 10A
has begun and the individual who is a likely victim of a crime described in
this Article 10A is willing to cooperate or is cooperating with the
investigation to enable the individual, if eligible under federal law, to
qualify for an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not be required of
victims of a crime described in this Article 10A who are under 18 years of age.
This certification shall be made available to the victim and his or her
designated legal representative.
(Source: P.A. 94-9, eff. 1-1-06.)
(720 ILCS 5/Art. 11 heading)
ARTICLE 11. SEX OFFENSES
(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
Sec. 11-6. Indecent solicitation of a child.
(a) A person of the age of 17 years and upwards commits the offense of indecent
solicitation of a child if the person, with the intent that the offense of
aggravated criminal sexual assault, criminal sexual assault, predatory criminal
sexual assault of a child, or aggravated criminal sexual abuse be committed,
knowingly solicits a child or one whom he or she believes to be a child to perform
an act of sexual penetration or sexual conduct as defined in Section 12-12 of
this Code.
(a-5) A person of the age of 17 years and upwards commits the offense of
indecent solicitation of a child if the person knowingly discusses an act of
sexual conduct or sexual penetration with a child or with one whom he or she
believes to be a child by means of the Internet with the intent that the
offense of aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse be committed.
(a-6) It is not a defense to subsection (a-5) that the person did not solicit
the child to perform sexual conduct or sexual penetration with the person.
(b) Definitions. As used in this Section:
"Solicit" means to command, authorize, urge, incite,
request, or advise another to perform an act by any means including, but not
limited to, in person, over the phone, in writing, by computer, or by
advertisement of any kind.
"Child" means a person under 17 years of age.
"Internet" means an interactive computer service or
system or an information service, system, or access software provider that
provides or enables computer access by multiple users to a computer server, and
includes, but is not limited to, an information service, system, or access
software provider that provides access to a network system commonly known as
the Internet, or any comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or other online
service.
"Sexual penetration" or "sexual conduct" are defined
in Section 12-12 of this Code.
(c) Sentence. Indecent solicitation of a child under subsection (a) is:
(1) a Class 1 felony when the act, if done, would be
predatory criminal sexual assault of a child or aggravated criminal sexual
assault;
(2) a Class 2 felony when the act, if done, would be
criminal sexual assault;
(3) a Class 3 felony when the act, if done, would be
aggravated criminal sexual abuse.
Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
(Source: P.A. 95-143, eff. 1-1-08.)
(720 ILCS 5/11-6.5)
Sec. 11-6.5. Indecent solicitation of an adult.
(a) A person commits indecent solicitation of an adult if the person:
(1) Arranges for a person 17 years of age or over to
commit an act of sexual penetration as defined in Section 12-12 with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the
age of 17 years; or
(2) Arranges for a person 17 years of age or over to
commit an act of sexual conduct as defined in Section 12-12 with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under
the age of 17 years.
(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X
felony.
(2) Violation of paragraph (a)(1)(ii) is a Class 1
felony.
(3) Violation of paragraph (a)(2)(i) is a Class 2
felony.
(4) Violation of paragraph (a)(2)(ii) is a Class A
misdemeanor.
(c) For the purposes of this Section, "arranges" includes but is not
limited to oral or written communication and communication by telephone,
computer, or other electronic means. "Computer" has the meaning
ascribed to it in Section 16D-2 of this Code.
(Source: P.A. 88-165; 89-203, eff. 7-21-95.)
(720 ILCS 5/11-7) (from Ch. 38, par. 11-7)
Sec. 11-7. Adultery.) (a) Any person who has sexual intercourse with another
not his spouse commits adultery, if the behavior is open and notorious, and
(1) The person is married and the other person involved in such intercourse is
not his spouse; or
(2) The person is not married and knows that the other person involved in such
intercourse is married.
A person shall be exempt from prosecution under this Section if his liability
is based solely on evidence he has given in order to comply with the
requirements of Section 4-1.7 of "The Illinois Public Aid Code",
approved April 11, 1967, as amended.
(b) Sentence.
Adultery is a Class A misdemeanor.
(Source: P.A. 86-490.)
(720 ILCS 5/11-8) (from Ch. 38, par. 11-8)
Sec. 11-8. Fornication.) (a) Any person who has sexual intercourse with another
not his spouse commits fornication if the behavior is open and notorious.
A person shall be exempt from prosecution under this Section if his liability
is based solely on evidence he has given in order to comply with the
requirements of Section 4-1.7 of "The Illinois Public Aid Code",
approved April 11, 1967, as amended.
(b) Sentence.
Fornication is a Class B misdemeanor.
(Source: P.A. 86-490.)
(720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
Sec. 11-9. Public indecency.
(a) Any person of the age of 17 years and upwards who performs any of the
following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct
as defined in Section 12-12 of this Code; or
(2) A lewd exposure of the body done with intent to
arouse or to satisfy the sexual desire of the person.
Breast-feeding of infants is not an act of public indecency.
(b) "Public place" for purposes of this Section means any place where
the conduct may reasonably be expected to be viewed by others.
(c) Sentence.
Public indecency is a Class A misdemeanor. A person convicted of a third or
subsequent violation for public indecency is guilty of a Class 4 felony.
(Source: P.A. 91-115, eff. 1-1-00.)
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) Any person commits sexual exploitation of a child if in the presence of a
child and with intent or knowledge that a child would view his or her acts,
that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast
for the purpose of sexual arousal or gratification of such person or the child.
(a-5) A person commits sexual exploitation of a child who knowingly entices,
coerces, or persuades a child to remove the child's clothing for the purpose of
sexual arousal or gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual penetration
as defined in Section 12-12 of this Code.
"Sex offense" means any violation of Article 11 of this Code or a
violation of Section 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of this
Code.
"Child" means a person under 17 years of age.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this Section or a
substantially similar law of another state is a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4
felony if the person has been previously convicted of a sex offense.
(3) Sexual exploitation of a child is a Class 4
felony if the victim was under 13 years of age at the time of the commission of
the offense.
(Source: P.A. 94-140, eff. 7-7-05.)
(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits the offense of custodial sexual misconduct when: (1) he or
she is an employee of a penal system and engages in sexual conduct or sexual
penetration with a person who is in the custody of that penal system or (2) he
or she is an employee of a treatment and detention facility and engages in
sexual conduct or sexual penetration with a person who is in the custody of
that treatment and detention facility.
(b) A probation or supervising officer or surveillance agent commits the
offense of custodial sexual misconduct when the probation or supervising
officer or surveillance agent engages in sexual conduct or sexual penetration
with a probationer, parolee, or releasee or person serving a term of
conditional release who is under the supervisory, disciplinary, or custodial
authority of the officer or agent so engaging in the sexual conduct or sexual
penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section immediately shall forfeit
his or her employment with a penal system, treatment and detention facility, or
conditional release program.
(e) For purposes of this Section, the consent of the probationer, parolee,
releasee, or inmate in custody of the penal system or person detained or
civilly committed under the Sexually Violent Persons Commitment Act shall not
be a defense to a prosecution under this Section. A person is deemed incapable
of consent, for purposes of this Section, when he or she is a probationer,
parolee, releasee, or inmate in custody of a penal system or person detained or
civilly committed under the Sexually Violent Persons Commitment Act.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer,
or surveillance agent who is lawfully married to a person in custody if the
marriage occurred before the date of custody.
(2) Any employee, probation or supervising officer,
or surveillance agent who has no knowledge, and would have no reason to
believe, that the person with whom he or she engaged in custodial sexual
misconduct was a person in custody.
(g) In this Section:
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
or commitment to a State or local penal institution;
(iii) parole or mandatory supervised release;
(iv) electronic home detention;
(v) probation;
(vi) detention or civil commitment either in
secure care or in the community under the Sexually Violent Persons Commitment
Act.
(2) "Penal system" means any system which includes
institutions as defined in Section 2-14 of this Code or a county shelter care
or detention home established under Section 1 of the County Shelter Care and
Detention Home Act.
(2.1) "Treatment and detention facility" means any
Department of Human Services facility established for the detention or civil
commitment of persons under the Sexually Violent Persons Commitment Act.
(2.2) "Conditional release" means a program of
treatment and services, vocational services, and alcohol or other drug abuse
treatment provided to any person civilly committed and conditionally released
to the community under the Sexually Violent Persons Commitment Act;
(3) "Employee" means:
(i) an employee of any governmental agency of
this State or any county or municipal corporation that has by statute,
ordinance, or court order the responsibility for the care, control, or
supervision of pretrial or sentenced persons in a penal system or persons
detained or civilly committed under the Sexually Violent Persons Commitment
Act;
(ii) a contractual employee of a penal system as
defined in paragraph (g)(2) of this Section who works in a penal institution as
defined in Section 2-14 of this Code;
(iii) a contractual employee of a "treatment
and detention facility" as defined in paragraph (g)(2.1) of this Code or a
contractual employee of the Department of Human Services who provides
supervision of persons serving a term of conditional release as defined in
paragraph (g)(2.2) of this Code.
(4) "Sexual conduct" or "sexual penetration" means
any act of sexual conduct or sexual penetration as defined in Section 12-12 of
this Code.
(5) "Probation officer" means any person employed in
a probation or court services department as defined in Section 9b of the
Probation and Probation Officers Act.
(6) "Supervising officer" means any person employed
to supervise persons placed on parole or mandatory supervised release with the
duties described in Section 3-14-2 of the Unified Code of Corrections.
(7) "Surveillance agent" means any person employed
or contracted to supervise persons placed on conditional release in the
community under the Sexually Violent Persons Commitment Act.
(Source: P.A. 92-415, eff. 8-17-01.)
(720 ILCS 5/11-9.3)
(Text of Section from P.A. 95-440)
Sec. 11-9.3. Presence within school zone by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any
school building, on real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport students to or from
school or a school related activity when persons under the age of 18 are
present in the building, on the grounds or in the conveyance, unless the
offender is a parent or guardian of a student attending the school and the
parent or guardian is: (i) attending a conference at the school with school
personnel to discuss the progress of his or her child academically or socially,
(ii) participating in child review conferences in which evaluation and
placement decisions may be made with respect to his or her child regarding
special education services, or (iii) attending conferences to discuss other
student issues concerning his or her child such as retention and promotion and
notifies the principal of the school of his or her presence at the school or
unless the offender has permission to be present from the superintendent or the
school board or in the case of a private school from the principal. In the case
of a public school, if permission is granted, the superintendent or school
board president must inform the principal of the school where the sex offender
will be present. Notification includes the nature of the sex offender's visit
and the hours in which the sex offender will be present in the school. The sex
offender is responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from school property. If
the sex offender is to be present in the vicinity of children, the sex offender
has the duty to remain under the direct supervision of a school official. A
child sex offender who violates this provision is guilty of a Class 4 felony.
(a-5) It is unlawful for a child sex offender to knowingly be present within
100 feet of a site posted as a pick-up or discharge stop for a conveyance
owned, leased, or contracted by a school to transport students to or from
school or a school related activity when one or more persons under the age of
18 are present at the site.
(b) It is unlawful for a child sex offender to knowingly loiter within 500 feet
of a school building or real property comprising any school while persons under
the age of 18 are present in the building or on the grounds, unless the
offender is a parent or guardian of a student attending the school and the
parent or guardian is: (i) attending a conference at the school with school
personnel to discuss the progress of his or her child academically or socially,
(ii) participating in child review conferences in which evaluation and
placement decisions may be made with respect to his or her child regarding
special education services, or (iii) attending conferences to discuss other
student issues concerning his or her child such as retention and promotion and
notifies the principal of the school of his or her presence at the school or
has permission to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of a public
school, if permission is granted, the superintendent or school board president
must inform the principal of the school where the sex offender will be present.
Notification includes the nature of the sex offender's visit and the hours in
which the sex offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she arrives on
school property and when he or she departs from school property. If the sex
offender is to be present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school official. A child sex
offender who violates this provision is guilty of a Class 4 felony.
(b-5) It is unlawful for a child sex offender to knowingly reside within 500
feet of a school building or the real property comprising any school that
persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits
a child sex offender from residing within 500 feet of a school building or the
real property comprising any school that persons under 18 attend if the
property is owned by the child sex offender and was purchased before the
effective date of this amendatory Act of the 91st General Assembly.
(c) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another state, with a sex offense
set forth in paragraph (2) of this subsection (c) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an
attempt to commit such offense; or
(B) is found not guilty by reason of
insanity of such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of
insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal
Procedure of 1963 of such offense or an attempt to commit such offense; or
(D) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to subsection (a) of
Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged
commission or attempted commission of such offense; or
(E) is found not guilty by reason of
insanity following a hearing conducted pursuant to a federal law or the law of
another state substantially similar to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or of the attempted
commission of such offense; or
(F) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to a federal law or
the law of another state substantially similar to subsection (a) of Section 104-25
of the Code of Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially
similar federal law or the law of another state, when any conduct giving rise
to such certification is committed or attempted against a person less than 18
years of age; or
(iii) is subject to the provisions of Section 2
of the Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with
the same act, or result from offenses committed at the same time, shall be
counted for the purpose of this Section as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under
Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation
of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property comprising a school, or on a
conveyance, owned, leased, or contracted by a school to transport students to
or from school or a school related activity), 11-9.1 (sexual exploitation of a
child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a
place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute),
11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual
assault of a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity)
(when that offense was committed in any school, on real property comprising any
school, in any conveyance owned, leased, or contracted by a school to transport
students to or from school or a school related activity). An attempt to commit
any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18 years
of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual
assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual
abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in clause (2)(i) of subsection
(c) of this Section.
(2.5) For the purposes of subsection (b-5) only, a
sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1
(soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-14.1
(predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a)
of Section 12-15 (criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this paragraph (2.5) of this
subsection.
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent to any offense listed
in paragraph (2) of subsection (c) of this Section shall constitute a
conviction for the purpose of this Article. A finding or adjudication as a
sexually dangerous person under any federal law or law of another state that is
substantially equivalent to the Sexually Dangerous Persons Act shall constitute
an adjudication for the purposes of this Section.
(4) "School" means a public or private pre-school,
elementary, or secondary school.
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school property, for the
purpose of committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's residence.
(6) "School official" means the principal, a
teacher, or any other certified employee of the school, the superintendent of
schools or a member of the school board.
(d) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 94-170, eff. 7-11-05;
95-331, eff. 8-21-07; 95-440, eff. 8-27-07.)
(Text of Section from P.A. 95-640)
Sec. 11-9.3. Presence within school zone by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any
school building, on real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport students to or from
school or a school related activity when persons under the age of 18 are
present in the building, on the grounds or in the conveyance, unless the
offender is a parent or guardian of a student attending the school and the
parent or guardian is: (i) attending a conference at the school with school
personnel to discuss the progress of his or her child academically or socially,
(ii) participating in child review conferences in which evaluation and
placement decisions may be made with respect to his or her child regarding
special education services, or (iii) attending conferences to discuss other
student issues concerning his or her child such as retention and promotion and
notifies the principal of the school of his or her presence at the school or
unless the offender has permission to be present from the superintendent or the
school board or in the case of a private school from the principal. In the case
of a public school, if permission is granted, the superintendent or school
board president must inform the principal of the school where the sex offender
will be present. Notification includes the nature of the sex offender's visit
and the hours in which the sex offender will be present in the school. The sex
offender is responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from school property. If
the sex offender is to be present in the vicinity of children, the sex offender
has the duty to remain under the direct supervision of a school official. A
child sex offender who violates this provision is guilty of a Class 4 felony.
Nothing in this Section shall be construed to infringe upon the constitutional
right of a child sex offender to be present in a school building that is used
as a polling place for the purpose of voting.
(b) It is unlawful for a child sex offender to knowingly loiter within 500 feet
of a school building or real property comprising any school while persons under
the age of 18 are present in the building or on the grounds, unless the
offender is a parent or guardian of a student attending the school and the
parent or guardian is: (i) attending a conference at the school with school
personnel to discuss the progress of his or her child academically or socially,
(ii) participating in child review conferences in which evaluation and
placement decisions may be made with respect to his or her child regarding
special education services, or (iii) attending conferences to discuss other
student issues concerning his or her child such as retention and promotion and
notifies the principal of the school of his or her presence at the school or
has permission to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of a public
school, if permission is granted, the superintendent or school board president
must inform the principal of the school where the sex offender will be present.
Notification includes the nature of the sex offender's visit and the hours in
which the sex offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she arrives on
school property and when he or she departs from school property. If the sex
offender is to be present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school official. A child sex
offender who violates this provision is guilty of a Class 4 felony.
(b-5) It is unlawful for a child sex offender to knowingly reside within 500
feet of a school building or the real property comprising any school that
persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits
a child sex offender from residing within 500 feet of a school building or the
real property comprising any school that persons under 18 attend if the
property is owned by the child sex offender and was purchased before the
effective date of this amendatory Act of the 91st General Assembly.
(c) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another state, with a sex offense
set forth in paragraph (2) of this subsection (c) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an
attempt to commit such offense; or
(B) is found not guilty by reason of
insanity of such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of
insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal
Procedure of 1963 of such offense or an attempt to commit such offense; or
(D) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to subsection (a) of
Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged
commission or attempted commission of such offense; or
(E) is found not guilty by reason of
insanity following a hearing conducted pursuant to a federal law or the law of
another state substantially similar to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or of the attempted
commission of such offense; or
(F) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to a federal law or
the law of another state substantially similar to subsection (a) of Section 104-25
of the Code of Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially
similar federal law or the law of another state, when any conduct giving rise
to such certification is committed or attempted against a person less than 18
years of age; or
(iii) is subject to the provisions of Section 2
of the Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with
the same act, or result from offenses committed at the same time, shall be
counted for the purpose of this Section as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under
Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation
of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property comprising a school, or on a
conveyance, owned, leased, or contracted by a school to transport students to
or from school or a school related activity), 11-9.1 (sexual exploitation of a
child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a
place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute),
11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child pornography), 11-21 (harmful material),
12-14.1 (predatory criminal sexual assault of a child), 12-33 (ritualized abuse
of a child), 11-20 (obscenity) (when that offense was committed in any school,
on real property comprising any school, in any conveyance owned, leased, or
contracted by a school to transport students to or from school or a school
related activity). An attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal
sexual abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in clause (2)(i) of subsection
(c) of this Section.
(2.5) For the purposes of subsection (b-5) only, a
sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1
(soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.3
(aggravated child pornography), 12-14.1 (predatory criminal sexual assault of a
child), or 12-33 (ritualized abuse of a child). An attempt to commit any of
these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a)
of Section 12-15 (criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this paragraph (2.5) of this
subsection.
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent to any offense listed
in paragraph (2) of subsection (c) of this Section shall constitute a
conviction for the purpose of this Article. A finding or adjudication as a
sexually dangerous person under any federal law or law of another state that is
substantially equivalent to the Sexually Dangerous Persons Act shall constitute
an adjudication for the purposes of this Section.
(4) "School" means a public or private pre-school,
elementary, or secondary school.
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school property, for the
purpose of committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's residence.
(6) "School official" means the principal, a
teacher, or any other certified employee of the school, the superintendent of
schools or a member of the school board.
(d) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 94-170, eff. 7-11-05;
95-331, eff. 8-21-07; 95-640, eff. 6-1-08.)
(720 ILCS 5/11-9.4)
(Text of Section from P.A. 95-32)
Sec. 11-9.4. Approaching, contacting, residing, or communicating with a child
within certain places by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any
public park building or on real property comprising any public park when
persons under the age of 18 are present in the building or on the grounds and
to approach, contact, or communicate with a child under 18 years of age, unless
the offender is a parent or guardian of a person under 18 years of age present
in the building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly loiter on a public way
within 500 feet of a public park building or real property comprising any
public park while persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a child under 18
years of age, unless the offender is a parent or guardian of a person under 18
years of age present in the building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly reside within 500
feet of a playground, child care institution, day care center, part day child
care facility, or a facility providing programs or services exclusively
directed toward persons under 18 years of age. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of a playground or
a facility providing programs or services exclusively directed toward persons under
18 years of age if the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of the 91st General
Assembly. Nothing in this subsection (b-5) prohibits a child sex offender from
residing within 500 feet of a child care institution, day care center, or part
day child care facility if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act of the 94th
General Assembly.
(b-6) It is unlawful for a child sex offender to knowingly reside within 500
feet of the victim of the sex offense. Nothing in this subsection (b-6)
prohibits a child sex offender from residing within 500 feet of the victim if
the property in which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this amendatory Act of
the 92nd General Assembly.
This subsection (b-6) does not apply if the victim of the sex offense is 21
years of age or older.
(c) It is unlawful for a child sex offender to knowingly operate, manage, be
employed by, volunteer at, be associated with, or knowingly be present at any:
(i) facility providing programs or services exclusively directed towards
persons under the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution, or (v) school providing before and after
school programs for children under 18 years of age. This does not prohibit a
child sex offender from owning the real property upon which the programs or
services are offered or upon which the day care center, part day child care
facility, child care institution, or school providing before and after school
programs for children under 18 years of age is located, provided the child sex
offender refrains from being present on the premises for the hours during
which: (1) the programs or services are being offered or (2) the day care
center, part day child care facility, child care institution, or school
providing before and after school programs for children under 18 years of age
is operated.
(c-5) It is unlawful for a child sex offender to knowingly operate, manage, be
employed by, or be associated with any county fair when persons under the age
of 18 are present.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another state, with a sex offense
set forth in paragraph (2) of this subsection (d) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an
attempt to commit such offense; or
(B) is found not guilty by reason of
insanity of such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of
insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal
Procedure of 1963 of such offense or an attempt to commit such offense; or
(D) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to subsection (a) of
Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged
commission or attempted commission of such offense; or
(E) is found not guilty by reason of
insanity following a hearing conducted pursuant to a federal law or the law of
another state substantially similar to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or of the attempted
commission of such offense; or
(F) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to a federal law or
the law of another state substantially similar to subsection (a) of Section 104-25
of the Code of Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially
similar federal law or the law of another state, when any conduct giving rise
to such certification is committed or attempted against a person less than 18
years of age; or
(iii) is subject to the provisions of Section 2
of the Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with
the same act, or result from offenses committed at the same time, shall be
counted for the purpose of this Section as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under
Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation
of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property comprising a school, on a
conveyance owned, leased, or contracted by a school to transport students to or
from school or a school related activity, or in a public park), 11-9.1 (sexual
exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal
sexual assault of a child), 12-33 (ritualized abuse of a child), 11-20
(obscenity) (when that offense was committed in any school, on real property
comprising any school, on any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school related activity, or
in a public park). An attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal
sexual abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in clause (2)(i) of this
subsection (d).
(2.5) For the purposes of subsection (b-5) only, a
sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1
(soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-14.1
(predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a)
of Section 12-15 (criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this paragraph (2.5) of this
subsection.
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent to any offense listed
in paragraph (2) of this subsection (d) shall constitute a conviction for the
purpose of this Section. A finding or adjudication as a sexually dangerous
person under any federal law or law of another state that is substantially
equivalent to the Sexually Dangerous Persons Act shall constitute an
adjudication for the purposes of this Section.
(4) "Public park" includes a park, forest preserve,
or conservation area under the jurisdiction of the State or a unit of local
government.
(5) "Facility providing programs or services
directed towards persons under the age of 18" means any facility providing
programs or services exclusively directed towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public park property, for the
purpose of committing or attempting to commit a sex offense.
(7) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated by the unit of
local government for use solely or primarily for children's recreation.
(8) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(9) "Day care center" has the meaning ascribed to it
in Section 2.09 of the Child Care Act of 1969.
(10) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of 1969.
(e) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08.)
(Text of Section from P.A. 95-640)
Sec. 11-9.4. Approaching, contacting, residing, or communicating with a child
within certain places by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any
public park building or on real property comprising any public park when
persons under the age of 18 are present in the building or on the grounds and
to approach, contact, or communicate with a child under 18 years of age, unless
the offender is a parent or guardian of a person under 18 years of age present
in the building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly loiter on a public way
within 500 feet of a public park building or real property comprising any public
park while persons under the age of 18 are present in the building or on the
grounds and to approach, contact, or communicate with a child under 18 years of
age, unless the offender is a parent or guardian of a person under 18 years of
age present in the building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly reside within 500
feet of a playground, child care institution, day care center, part day child
care facility, or a facility providing programs or services exclusively
directed toward persons under 18 years of age. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of a playground or
a facility providing programs or services exclusively directed toward persons
under 18 years of age if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act of the 91st
General Assembly. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a child care institution, day care
center, or part day child care facility if the property is owned by the child
sex offender and was purchased before the effective date of this amendatory Act
of the 94th General Assembly.
(b-6) It is unlawful for a child sex offender to knowingly reside within 500
feet of the victim of the sex offense. Nothing in this subsection (b-6)
prohibits a child sex offender from residing within 500 feet of the victim if
the property in which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this amendatory Act of
the 92nd General Assembly.
This subsection (b-6) does not apply if the victim of the sex offense is 21
years of age or older.
(c) It is unlawful for a child sex offender to knowingly operate, manage, be
employed by, volunteer at, be associated with, or knowingly be present at any:
(i) facility providing programs or services exclusively directed towards
persons under the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution, or (v) school providing before and after
school programs for children under 18 years of age. This does not prohibit a
child sex offender from owning the real property upon which the programs or
services are offered or upon which the day care center, part day child care
facility, child care institution, or school providing before and after school
programs for children under 18 years of age is located, provided the child sex
offender refrains from being present on the premises for the hours during
which: (1) the programs or services are being offered or (2) the day care
center, part day child care facility, child care institution, or school
providing before and after school programs for children under 18 years of age
is operated.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another state, with a sex offense
set forth in paragraph (2) of this subsection (d) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an
attempt to commit such offense; or
(B) is found not guilty by reason of
insanity of such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of
insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal
Procedure of 1963 of such offense or an attempt to commit such offense; or
(D) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to subsection (a) of
Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged
commission or attempted commission of such offense; or
(E) is found not guilty by reason of
insanity following a hearing conducted pursuant to a federal law or the law of
another state substantially similar to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or of the attempted
commission of such offense; or
(F) is the subject of a finding not
resulting in an acquittal at a hearing conducted pursuant to a federal law or
the law of another state substantially similar to subsection (a) of Section 104-25
of the Code of Criminal Procedure of 1963 for the alleged violation or attempted
commission of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially
similar federal law or the law of another state, when any conduct giving rise
to such certification is committed or attempted against a person less than 18
years of age; or
(iii) is subject to the provisions of Section 2
of the Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with
the same act, or result from offenses committed at the same time, shall be
counted for the purpose of this Section as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under
Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation
of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property comprising a school, on a
conveyance owned, leased, or contracted by a school to transport students to or
from school or a school related activity, or in a public park), 11-9.1 (sexual
exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.3 (aggravated child pornography), 11-21 (harmful
material), 12-14.1 (predatory criminal sexual assault of a child), 12-33
(ritualized abuse of a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising any school, on any
conveyance owned, leased, or contracted by a school to transport students to or
from school or a school related activity, or in a public park). An attempt to
commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal
sexual abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in clause (2)(i) of this
subsection (d).
(2.5) For the purposes of subsection (b-5) only, a
sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1
(soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.3
(aggravated child pornography), 12-14.1 (predatory criminal sexual assault of a
child), or 12-33 (ritualized abuse of a child). An attempt to commit any of
these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal
sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a)
of Section 12-15 (criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the victim is a person under 18
years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this paragraph (2.5) of this
subsection.
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent to any offense listed
in paragraph (2) of this subsection (d) shall constitute a conviction for the
purpose of this Section. A finding or adjudication as a sexually dangerous
person under any federal law or law of another state that is substantially
equivalent to the Sexually Dangerous Persons Act shall constitute an
adjudication for the purposes of this Section.
(4) "Public park" includes a park, forest preserve,
or conservation area under the jurisdiction of the State or a unit of local
government.
(5) "Facility providing programs or services
directed towards persons under the age of 18" means any facility providing
programs or services exclusively directed towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public park property, for the
purpose of committing or attempting to commit a sex offense.
(7) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated by the unit of
local government for use solely or primarily for children's recreation.
(8) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(9) "Day care center" has the meaning ascribed to it
in Section 2.09 of the Child Care Act of 1969.
(10) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of 1969.
(e) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-640, eff. 6-1-08.)
(720 ILCS 5/11-9.5)
Sec. 11-9.5. Sexual misconduct with a person with a disability.
(a) Definitions. As used in this Section:
(1) "Person with a disability" means:
(i) a person diagnosed with a developmental
disability as defined in Section 1-106 of the Mental Health and Developmental
Disabilities Code; or
(ii) a person diagnosed with a mental illness as
defined in Section 1-129 of the Mental Health and Developmental Disabilities
Code.
(2) "State-operated facility" means:
(i) a developmental disability facility as
defined in the Mental Health and Developmental Disabilities Code; or
(ii) a mental health facility as defined in the
Mental Health and Developmental Disabilities Code.
(3) "Community agency" or "agency" means any
community entity or program providing residential mental health or
developmental disabilities services that is licensed, certified, or funded by
the Department of Human Services and not licensed or certified by any other
human service agency of the State such as the Departments of Public Health,
Healthcare and Family Services, and Children and Family Services.
(4) "Care and custody" means admission to a
State-operated facility.
(5) "Employee" means:
(i) any person employed by the Illinois
Department of Human Services;
(ii) any person employed by a community agency
providing services at the direction of the owner or operator of the agency on
or off site; or
(iii) any person who is a contractual employee or
contractual agent of the Department of Human Services or the community agency.
This includes but is not limited to payroll personnel, contractors, subcontractors,
and volunteers.
(6) "Sexual conduct" or "sexual penetration" means
any act of sexual conduct or sexual penetration as defined in Section 12-12 of
this Code.
(b) A person commits the offense of sexual misconduct with a person with a
disability when:
(1) he or she is an employee and knowingly engages in
sexual conduct or sexual penetration with a person with a disability who is
under the care and custody of the Department of Human Services at a State-operated
facility; or
(2) he or she is an employee of a community agency
funded by the Department of Human Services and knowingly engages in sexual
conduct or sexual penetration with a person with a disability who is in a
residential program operated or supervised by a community agency.
(c) For purposes of this Section, the consent of a person
with a disability in custody of the Department of Human Services residing at a
State-operated facility or receiving services from a community agency shall not
be a defense to a prosecution under this Section. A person is deemed incapable
of consent, for purposes of this Section, when he or she is a person with a
disability and is receiving services at a State-operated facility or is a
person with a disability who is in a residential program operated or supervised
by a community agency.
(d) This Section does not apply to:
(1) any State employee or any community agency
employee who is lawfully married to a person with a disability in custody of
the Department of Human Services or receiving services from a community agency
if the marriage occurred before the date of custody or the initiation of
services at a community agency; or
(2) any State employee or community agency employee
who has no knowledge, and would have no reason to believe, that the person with
whom he or she engaged in sexual misconduct was a person with a disability in
custody of the Department of Human Services or was receiving services from a
community agency.
(e) Sentence. Sexual misconduct with a person with a
disability is a Class 3 felony.
(f) Any person convicted of violating this Section shall
immediately forfeit his or her employment with the State or the community
agency.
(Source: P.A. 94-1053, eff. 7-24-06.)
(720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
Sec. 11-11. Sexual Relations Within Families. (a) A person commits sexual
relations within families if he or she:
(1) Commits an act of sexual penetration as defined in Section 12-12 of this
Code; and
(2) The person knows that he or she is related to the other person as follows:
(i) Brother or sister, either of the whole blood or the half blood; or (ii)
Father or mother, when the child, regardless of legitimacy and regardless of
whether the child was of the whole blood or half-blood or was adopted, was 18
years of age or over when the act was committed; or (iii) Stepfather or
stepmother, when the stepchild was 18 years of age or over when the act was
committed.
(b) Sentence. Sexual relations within families is a Class 3 felony.
(Source: P.A. 84-1280.)
(720 ILCS 5/11-12) (from Ch. 38, par. 11-12)
Sec. 11-12. Bigamy. (a) Any person having a husband or wife who subsequently
marries another or cohabits in this State after such marriage commits bigamy.
(b) It shall be an affirmative defense to bigamy that:
(1) The prior marriage was dissolved or declared invalid; or
(2) The accused reasonably believed the prior spouse to be dead; or
(3) The prior spouse had been continually absent for a period of 5 years during
which time the accused did not know the prior spouse to be alive; or
(4) The accused reasonably believed that he was legally eligible to remarry.
(c) Sentence.
Bigamy is a Class 4 felony.
(Source: P.A. 81-230.)
(720 ILCS 5/11-13) (from Ch. 38, par. 11-13)
Sec. 11-13. Marrying a bigamist.
(a) Any unmarried person who knowingly marries another under circumstances
known to him which would render the other person guilty of bigamy under the
laws of this State, or who cohabits in this State after such a marriage,
commits the offense of marrying a bigamist.
(b) Sentence.
Marrying a bigamist is a Class A misdemeanor.
(Source: P. A. 77-2638.)
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who performs, offers or agrees to perform any act of sexual
penetration as defined in Section 12-12 of this Code for any money, property,
token, object, or article or anything of value, or any touching or fondling of
the sex organs of one person by another person, for any money, property, token,
object, or article or anything of value, for the purpose of sexual arousal or
gratification commits an act of prostitution.
(b) Sentence.
Prostitution is a Class A misdemeanor. A person convicted of a second or
subsequent violation of this Section, or of any combination of such number of
convictions under this Section and Sections 11-15, 11-17, 11-18, 11-18.1 and 11-19
of this Code is guilty of a Class 4 felony. When a person has one or more prior
convictions, the information or indictment charging that person shall state
such prior conviction so as to give notice of the State's intention to treat
the charge as a felony. The fact of such prior conviction is not an element of
the offense and may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(c) A person who violates this Section within 1,000 feet of real property
comprising a school commits a Class 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, eff. 4-13-00.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse any money, property,
token, object, or article or anything of value to perform any act of sexual
penetration as defined in Section 12-12 of this Code, or any touching or fondling
of the sex organs of one person by another person for the purpose of sexual
arousal or gratification, commits the offense of solicitation of a sexual act.
(b) Sentence. Solicitation of a sexual act is a Class B misdemeanor.
(Source: P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/11-14.2)
Sec. 11-14.2. First offender; felony prostitution.
(a) Whenever any person who has not previously been convicted of or placed on
probation for felony prostitution or any law of the United States or of any
other state relating to felony prostitution pleads guilty to or is found guilty
of felony prostitution, the court, without entering a judgment and with the
consent of such person, may sentence the person to probation.
(b) When a person is placed on probation, the court shall enter an order
specifying a period of probation of 24 months and shall defer further
proceedings in the case until the conclusion of the period or until the filing
of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate any
criminal statute of any jurisdiction; (2) refrain from possessing a firearm or
other dangerous weapon; (3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times during the period of
the probation, with the cost of the testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service, provided community
service is available in the jurisdiction and is funded and approved by the
county board.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social service agency as
directed by the court in the order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation by a provider approved by the Illinois Department
of Human Services;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his or her dependents;
(7) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a physician, and
submit samples of his or her blood or urine or both for tests to determine the
presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt and proceed as
otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the proceedings
against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of probation and for
appeal, however, discharge and dismissal under this Section is not a conviction
for purposes of this Act or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section.
(i) If a person is convicted of prostitution within 5
years subsequent to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the sentencing
proceeding for that conviction as evidence in aggravation.
(Source: P.A. 95-255, eff. 8-17-07.)
(720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
Sec. 11-15. Soliciting for a prostitute.
(a) Any person who performs any of the following acts commits soliciting for a
prostitute:
(1) Solicits another for the purpose of
prostitution; or
(2) Arranges or offers to arrange a meeting of
persons for the purpose of prostitution; or
(3) Directs another to a place knowing such
direction is for the purpose of prostitution.
(b) Sentence. Soliciting for a prostitute is a Class A misdemeanor. A person
convicted of a second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section and Sections 11-14,
11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a Class 4 felony.
When a person has one or more prior convictions, the information or indictment
charging that person shall state such prior conviction so as to give notice of
the State's intention to treat the charge as a felony. The fact of such prior
conviction is not an element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues properly raised during
such trial.
(b-5) A person who violates this Section within 1,000 feet of real property
comprising a school commits a Class 4 felony.
(c) A peace officer who arrests a person for a violation of this Section may
impound any vehicle used by the person in the commission of the offense. The
person may recover the vehicle from the impound after a minimum of 2 hours
after arrest upon payment of a fee of $200. The fee shall be distributed to the
unit of government whose peace officers made the arrest for a violation of this
Section. This $200 fee includes the costs incurred by the unit of government to
tow the vehicle to the impound. Upon the presentation of a signed court order
by the defendant whose vehicle was impounded showing that the defendant has
been acquitted of the offense of soliciting for a prostitute or that the
charges have been dismissed against the defendant for that offense, the
municipality shall refund the $200 fee to the defendant.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, eff. 6-28-01.)
(720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1)
Sec. 11-15.1. Soliciting for a Juvenile Prostitute.
(a) Any person who violates any of the provisions of Section 11-15(a) of this
Act commits soliciting for a juvenile prostitute where the prostitute for whom
such person is soliciting is under 17 years of age or is a severely or
profoundly mentally retarded person.
(b) It is an affirmative defense to a charge of soliciting for a juvenile
prostitute that the accused reasonably believed the person was of the age of 17
years or over or was not a severely or profoundly mentally retarded person at
the time of the act giving rise to the charge.
(c) Sentence.
Soliciting for a juvenile prostitute is a Class 1 felony.
(Source: P.A. 95-95, eff. 1-1-08.)
(720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
Sec. 11-16. Pandering.
(a) Any person who performs any of the following acts for any money, property,
token, object, or article or anything of value commits pandering:
(1) Compels a person to become a prostitute; or
(2) Arranges or offers to arrange a situation in
which a person may practice prostitution.
(b) Sentence.
Pandering by compulsion is a Class 4 felony. Pandering other than by compulsion
is a Class 4 felony.
(c) A person who violates this Section within 1,000 feet of real property
comprising a school commits a Class 3 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-696, eff. 4-13-00.)
(720 ILCS 5/11-17) (from Ch. 38, par. 11-17)
Sec. 11-17. Keeping a Place of Prostitution.
(a) Any person who has or exercises control over the use of any place which
could offer seclusion or shelter for the practice of prostitution who performs
any of the following acts keeps a place of prostitution:
(1) Knowingly grants or permits the use of such
place for the purpose of prostitution; or
(2) Grants or permits the use of such place under
circumstances from which he could reasonably know that the place is used or is
to be used for purposes of prostitution; or
(3) Permits the continued use of a place after
becoming aware of facts or circumstances from which he should reasonably know
that the place is being used for purposes of prostitution.
(b) Sentence.
Keeping a place of prostitution is a Class A misdemeanor. A person convicted of
a second or subsequent violation of this Section, or of any combination of such
number of convictions under this Section and Sections 11-14, 11-15, 11-18, 11-18.1
and 11-19 of this Code, is guilty of a Class 4 felony. When a person has one or
more prior convictions, the information or indictment charging that person
shall state such prior conviction so as to give notice of the State's intention
to treat the charge as a felony. The fact of such conviction is not an element
of the offense and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such trial.
(Source: P.A. 91-498, eff. 1-1-00.)
(720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1)
Sec. 11-17.1. Keeping a Place of Juvenile Prostitution.
(a) Any person who knowingly violates any of the provisions of Section 11-17 of
this Act commits keeping a place of juvenile prostitution when any prostitute
in the place of prostitution is under 17 years of age.
(b) It is an affirmative defense to a charge of keeping a place of juvenile
prostitution that the accused reasonably believed the person was of the age of
17 years or over at the time of the act giving rise to the charge.
(c) Sentence. Keeping a place of juvenile prostitution is a Class 1 felony. A
person convicted of a second or subsequent violation of this Section is guilty
of a Class X felony.
(d) Forfeiture. Any person convicted under this Section is subject to the
forfeiture provisions of Section 11-20.1A of this Act.
(Source: P.A. 95-95, eff. 1-1-08.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who performs any of the following acts with a person not his or
her spouse commits the offense of patronizing a prostitute:
(1) Engages in an act of sexual penetration as
defined in Section 12-12 of this Code with a prostitute; or
(2) Enters or remains in a place of prostitution
with intent to engage in an act of sexual penetration as defined in Section 12-12
of this Code.
(b) Sentence.
Patronizing a prostitute is a Class A misdemeanor. A person convicted of a
second or subsequent violation of this Section, or of any combination of such
number of convictions under this Section and Sections 11-14, 11-15, 11-17, 11-18.1
and 11-19 of this Code, is guilty of a Class 4 felony. When a person has one or
more prior convictions, the information or indictment charging that person
shall state such prior convictions so as to give notice of the State's
intention to treat the charge as a felony. The fact of such conviction is not
an element of the offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during such trial.
(c) A person who violates this Section within 1,000 feet of real property
comprising a school commits a Class 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, eff. 6-28-01.)
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
Sec. 11-18.1. Patronizing a juvenile prostitute. (a) Any person who engages in
an act of sexual penetration as defined in Section 12-12 of this Code with a
prostitute under 17 years of age commits the offense of patronizing a juvenile
prostitute.
(b) It is an affirmative defense to the charge of patronizing a juvenile
prostitute that the accused reasonably believed that the person was of the age
of 17 years or over at the time of the act giving rise to the charge.
(c) Sentence. A person who commits patronizing a juvenile prostitute is guilty
of a Class 4 felony.
(Source: P.A. 85-1447.)
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
Sec. 11-19. Pimping.
(a) Any person who receives any money, property, token, object, or article or
anything of value from a prostitute, not for a lawful consideration, knowing it
was earned in whole or in part from the practice of prostitution, commits
pimping.
(b) Sentence.
Pimping is a Class A misdemeanor. A person convicted of a second or subsequent
violation of this Section, or of any combination of such number of convictions
under this Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
Code is guilty of a Class 4 felony. When a person has one or more prior
convictions, the information or indictment charging that person shall state
such prior conviction so as to give notice of the State's intention to treat
the charge as a felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(c) A person who violates this Section within 1,000 feet of real property
comprising a school commits a Class 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, eff. 4-13-00.)
(720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
Sec. 11-19.1. Juvenile Pimping and aggravated juvenile pimping.
(a) A person commits the offense of juvenile pimping if the person knowingly
receives any form of consideration derived from the practice of prostitution,
in whole or in part, and
(1) the prostitute was under the age of 17 at the
time the act of prostitution occurred; or
(2) the prostitute was a severely or profoundly
mentally retarded person at the time the act of prostitution occurred.
(b) A person commits the offense of aggravated juvenile pimping if the person
knowingly receives any form of consideration derived from the practice of
prostitution, in whole or in part, and the prostitute was under the age of 13
at the time the act of prostitution occurred.
(c) It is an affirmative defense to a charge of juvenile pimping that the
accused reasonably believed the person was of the age of 17 years or over or
was not a severely or profoundly mentally retarded person at the time of the
act giving rise to the charge.
(d) Sentence.
A person who commits a violation of subsection (a) is guilty of a Class 1
felony. A person who commits a violation of subsection (b) is guilty of a Class
X felony.
(Source: P.A. 95-95, eff. 1-1-08.)
(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
(Text of Section before amendment by P.A. 95-640)
Sec. 11-19.2. Exploitation of a child.
(A) A person commits exploitation of a child when he or she confines a child
under the age of 16 or a severely or profoundly mentally retarded person
against his or her will by the infliction or threat of imminent infliction of
great bodily harm, permanent disability or disfigurement or by administering to
the child or severely or profoundly mentally retarded person without his or her
consent or by threat or deception and for other than medical purposes, any
alcoholic intoxicant or a drug as defined in the Illinois Controlled Substances
Act or the Cannabis Control Act or methamphetamine as defined in the
Methamphetamine Control and Community Protection Act and:
(1) compels the child or severely or profoundly
mentally retarded person to become a prostitute; or
(2) arranges a situation in which the child or
severely or profoundly mentally retarded person may practice prostitution; or
(3) receives any money, property, token, object, or
article or anything of value from the child or severely or profoundly mentally
retarded person knowing it was obtained in whole or in part from the practice
of prostitution.
(B) For purposes of this Section, administering drugs, as defined in subsection
(A), or an alcoholic intoxicant to a child under the age of 13 or a severely or
profoundly mentally retarded person shall be deemed to be without consent if
such administering is done without the consent of the parents or legal
guardian.
(C) Exploitation of a child is a Class X felony.
(D) Any person convicted under this Section is subject to the forfeiture
provisions of Section 11-20.1A of this Act.
(Source: P.A. 94-556, eff. 9-11-05.)
(Text of Section after amendment by P.A. 95-640)
Sec. 11-19.2. Exploitation of a child.
(A) A person commits exploitation of a child when he or she confines a child
under the age of 16 or a severely or profoundly mentally retarded person
against his or her will by the infliction or threat of imminent infliction of great
bodily harm, permanent disability or disfigurement or by administering to the
child or severely or profoundly mentally retarded person without his or her
consent or by threat or deception and for other than medical purposes, any
alcoholic intoxicant or a drug as defined in the Illinois Controlled Substances
Act or the Cannabis Control Act or methamphetamine as defined in the
Methamphetamine Control and Community Protection Act and:
(1) compels the child or severely or profoundly
mentally retarded person to become a prostitute; or
(2) arranges a situation in which the child or
severely or profoundly mentally retarded person may practice prostitution; or
(3) receives any money, property, token, object, or
article or anything of value from the child or severely or profoundly mentally
retarded person knowing it was obtained in whole or in part from the practice
of prostitution.
(B) For purposes of this Section, administering drugs, as defined in subsection
(A), or an alcoholic intoxicant to a child under the age of 13 or a severely or
profoundly mentally retarded person shall be deemed to be without consent if
such administering is done without the consent of the parents or legal
guardian.
(C) Exploitation of a child is a Class X felony, for which the person shall be
sentenced to a term of imprisonment of not less than 6 years and not more than
60 years.
(D) Any person convicted under this Section is subject to the forfeiture
provisions of Section 11-20.1A of this Act.
(Source: P.A. 94-556, eff. 9-11-05; 95-640, eff. 6-1-08.)
(720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
Sec. 11-20. Obscenity. (a) Elements of the Offense. A person commits obscenity
when, with knowledge of the nature or content thereof, or recklessly failing to
exercise reasonable inspection which would have disclosed the nature or content
thereof, he:
(1) Sells, delivers or provides, or offers or agrees to sell, deliver or
provide any obscene writing, picture, record or other representation or
embodiment of the obscene; or
(2) Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene; or
(3) Publishes, exhibits or otherwise makes available anything obscene; or
(4) Performs an obscene act or otherwise presents an obscene exhibition of his
body for gain; or
(5) Creates, buys, procures or possesses obscene matter or material with intent
to disseminate it in violation of this Section, or of the penal laws or
regulations of any other jurisdiction; or
(6) Advertises or otherwise promotes the sale of material represented or held
out by him to be obscene, whether or not it is obscene.
(b) Obscene Defined.
Any material or performance is obscene if: (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole, it
appeals to the prurient interest; and (2) the average person, applying
contemporary adult community standards, would find that it depicts or
describes, in a patently offensive way, ultimate sexual acts or sadomasochistic
sexual acts, whether normal or perverted, actual or simulated, or masturbation,
excretory functions or lewd exhibition of the genitals; and (3) taken as a
whole, it lacks serious literary, artistic, political or scientific value.
(c) Interpretation of Evidence.
Obscenity shall be judged with reference to ordinary adults, except that it
shall be judged with reference to children or other specially susceptible
audiences if it appears from the character of the material or the circumstances
of its dissemination to be specially designed for or directed to such an
audience.
Where circumstances of production, presentation, sale, dissemination,
distribution, or publicity indicate that material is being commercially
exploited for the sake of its prurient appeal, such evidence is probative with
respect to the nature of the matter and can justify the conclusion that the
matter is lacking in serious literary, artistic, political or scientific value.
In any prosecution for an offense under this Section evidence shall be
admissible to show:
(1) The character of the audience for which the material was designed or to
which it was directed;
(2) What the predominant appeal of the material would be for ordinary adults or
a special audience, and what effect, if any, it would probably have on the
behavior of such people;
(3) The artistic, literary, scientific, educational or other merits of the
material, or absence thereof;
(4) The degree, if any, of public acceptance of the material in this State;
(5) Appeal to prurient interest, or absence thereof, in advertising or other
promotion of the material;
(6) Purpose of the author, creator, publisher or disseminator.
(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a Class 4
felony.
(e) Prima Facie Evidence.
The creation, purchase, procurement or possession of a mold, engraved plate or
other embodiment of obscenity specially adapted for reproducing multiple
copies, or the possession of more than 3 copies of obscene material shall be
prima facie evidence of an intent to disseminate.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal associates other than children
under 18 years of age;
(2) Was to institutions or individuals having scientific or other special
justification for possession of such material.
(g) Forfeiture of property:
(1) Legislative Declaration. Obscenity is a far-reaching and extremely
profitable crime. This crime persists despite the threat of prosecution and
successful prosecution because existing sanctions do not effectively reach the
money and other assets generated by it. It is therefore necessary to supplement
existing sanctions by mandating forfeiture of money and other assets generated
by this crime. Forfeiture diminishes the financial incentives which encourage
and sustain obscenity and secures for the State, local government and
prosecutors a resource for prosecuting these crimes.
(2) Definitions.
(i) "Person" means an individual, partnership, private corporation,
public, municipal, governmental or quasi-municipal corporation, unincorporated
association, trustee or receiver.
(ii) "Property" means:
(a) real estate, including things growing on, affixed to and found in land, and
any kind of interest therein; and
(b) tangible and intangible personal property, including rights, privileges,
interests, claims and securities.
(3) Forfeiture of Property. Any person who has been convicted previously of the
offense of obscenity and who shall be convicted of a second or subsequent
offense of obscenity shall forfeit to the State of Illinois:
(i) Any property constituting or derived from any proceeds such person
obtained, directly or indirectly, as a result of such offense; and
(ii) Any of the person's property used in any manner, wholly or in part, to
commit such offense.
(4) Forfeiture Hearing. At any time following a second or subsequent conviction
for obscenity, the court shall, upon petition by the Attorney General or the
State's Attorney, conduct a hearing to determine whether there is any property
that is subject to forfeiture as provided hereunder. At the forfeiture hearing
the People shall have the burden of establishing by preponderance of the
evidence that such property is subject to forfeiture.
(5) Prior Restraint.
Nothing in this subsection shall be construed as authorizing the prior
restraint of any showing, performance or exhibition of allegedly obscene films,
plays or other presentations or of any sale or distribution of allegedly
obscene materials.
(6) Seizure, Sale and Distribution of the Property.
(i) Upon a determination under subparagraph (4) that there is property subject
to forfeiture, the court shall authorize the Attorney General or the State's
Attorney, except as provided in this Section, to seize all property declared
forfeited upon terms and conditions as the court shall deem proper.
(ii) The Attorney General or State's Attorney is authorized to sell all
property forfeited and seized pursuant to this Article, and, after the
deduction of all requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys forfeited or
seized, in accordance with subparagraph (iii) hereof. If the Attorney General
or State's Attorney believes any such property describes, depicts or portrays
any of the acts or activities described in subsection (b) of this Section, he
shall apply to the court for an order to destroy such property, and if the
court determines the property describes, depicts or portrays such acts it shall
order the Attorney General or State's Attorney to destroy such property.
(iii) All monies and the sale proceeds of all other property forfeited and
seized pursuant hereto shall be distributed as follows:
(a) Fifty percent shall be distributed to the unit of local government whose
officers or employees conducted the investigation into and caused the arrest or
arrests and prosecution leading to the forfeiture, or, if the investigations,
arrest or arrests and prosecution leading to the forfeiture were undertaken by
the sheriff, this portion shall be distributed to the county for deposit in a
special fund in the county treasury appropriated to the sheriff. Amounts
distributed to the county for the sheriff or to the units of local government
hereunder shall be used for enforcement of laws or ordinances governing
obscenity and child pornography. In the event, however, that the investigation,
arrest or arrests and prosecution leading to the forfeiture were undertaken
solely by a State agency, the portion provided hereunder shall be paid into the
State treasury to be used for enforcement of laws governing obscenity and child
pornography.
(b) Twenty-five percent shall be distributed to the county in which the
prosecution resulting in the forfeiture was instituted, deposited in a special
fund in the county treasury and appropriated to the State's Attorney for use in
the enforcement of laws governing obscenity and child pornography.
(c) Twenty-five percent shall be distributed to the Office of the State's
Attorneys Appellate Prosecutor and deposited in the Obscenity Profits
Forfeiture Fund, which is hereby created in the State Treasury, to be used by
the Office of the State's Attorneys Appellate Prosecutor for additional
expenses incurred in prosecuting appeals arising under Sections 11-20 and 11-20.1
of the Criminal Code of 1961. Any amounts remaining in the Fund after all
additional expenses have been paid shall be used by the Office to reduce the
participating county contributions to the Office on a pro-rated basis as
determined by the board of governors of the Office of the State's Attorneys
Appellate Prosecutor based on the populations of the participating counties.
(7) Construction of subsection (g).
It shall be the intent of the General Assembly that this subsection be
liberally construed so as to effect its purposes. The forfeiture of property
and other remedies hereunder shall be considered to be in addition, and not
exclusive of any sentence or other remedy provided by law. Subsection (g) of
this Section shall not apply to any property of a public library or any
property of a library operated by an institution accredited by a generally
recognized accrediting agency.
(Source: P.A. 85-1014.)
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits the offense of child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium or reproduction or
depicts by computer any child whom he knows or reasonably should know to be
under the age of 18 or any severely or profoundly mentally retarded person
where such child or severely or profoundly mentally retarded person is:
(i) actually or by simulation engaged in any act
of sexual penetration or sexual conduct with any person or animal; or
(ii) actually or by simulation engaged in any
act of sexual penetration or sexual conduct involving the sex organs of the
child or severely or profoundly mentally retarded person and the mouth, anus,
or sex organs of another person or animal; or which involves the mouth, anus or
sex organs of the child or severely or profoundly mentally retarded person and
the sex organs of another person or animal; or
(iii) actually or by simulation engaged in any
act of masturbation; or
(iv) actually or by simulation portrayed as
being the object of, or otherwise engaged in, any act of lewd fondling,
touching, or caressing involving another person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the unclothed or transparently
clothed genitals, pubic area, buttocks, or, if such person is female, a fully
or partially developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses
with intent to disseminate any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child or severely or
profoundly mentally retarded person whom the person knows or reasonably should
know to be under the age of 18 or to be a severely or profoundly mentally
retarded person, engaged in any activity described in subparagraphs (i) through
(vii) of paragraph (1) of this subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film, videotape or other
similar visual portrayal or depiction by computer which includes a child whom
the person knows or reasonably should know to be under the age of 18 or a
severely or profoundly mentally retarded person engaged in any activity
described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he knows or reasonably should know to be under the age
of 18 or a severely or profoundly mentally retarded person to appear in any
stage play, live presentation, film, videotape, photograph or other similar
visual reproduction or depiction by computer in which the child or severely or
profoundly mentally retarded person is or will be depicted, actually or by
simulation, in any act, pose or setting described in subparagraphs (i) through
(vii) of paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or
other person having care or custody of a child whom the person knows or
reasonably should know to be under the age of 18 or a severely or profoundly
mentally retarded person and who knowingly permits, induces, promotes, or
arranges for such child or severely or profoundly mentally retarded person to
appear in any stage play, live performance, film, videotape, photograph or
other similar visual presentation, portrayal or simulation or depiction by
computer of any act or activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar visual reproduction
or depiction by computer of any child or severely or profoundly mentally
retarded person whom the person knows or reasonably should know to be under the
age of 18 or to be a severely or profoundly mentally retarded person, engaged
in any activity described in subparagraphs (i) through (vii) of paragraph (1)
of this subsection; or
(7) solicits, uses, persuades, induces, entices, or
coerces a person to provide a child under the age of 18 or a severely or
profoundly mentally retarded person to appear in any videotape, photograph,
film, stage play, live presentation, or other similar visual reproduction or
depiction by computer in which the child or severely or profoundly mentally
retarded person will be depicted, actually or by simulation, in any act, pose,
or setting described in subparagraphs (i) through (vii) of paragraph (1) of
this subsection.
(b) (1) It shall be an affirmative defense to a charge
of child pornography that the defendant reasonably believed, under all of the circumstances,
that the child was 18 years of age or older or that the person was not a
severely or profoundly mentally retarded person but only where, prior to the
act or acts giving rise to a prosecution under this Section, he took some
affirmative action or made a bonafide inquiry designed to ascertain whether the
child was 18 years of age or older or that the person was not a severely or
profoundly mentally retarded person and his reliance upon the information so
obtained was clearly reasonable.
(2) (Blank).
(3) The charge of child pornography shall not apply
to the performance of official duties by law enforcement or prosecuting
officers or persons employed by law enforcement or prosecuting agencies, court
personnel or attorneys, nor to bonafide treatment or professional education
programs conducted by licensed physicians, psychologists or social workers.
(4) Possession by the defendant of more than one of
the same film, videotape or visual reproduction or depiction by computer in
which child pornography is depicted shall raise a rebuttable presumption that
the defendant possessed such materials with the intent to disseminate them.
(5) The charge of child pornography does not apply
to a person who does not voluntarily possess a film, videotape, or visual
reproduction or depiction by computer in which child pornography is depicted.
Possession is voluntary if the defendant knowingly procures or receives a film,
videotape, or visual reproduction or depiction for a sufficient time to be able
to terminate his or her possession.
(c) Violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
Violation of paragraph (3) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1500 and a maximum fine of $100,000. Violation of
paragraph (2) of subsection (a) is a Class 1 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000. Violation of paragraph (6) of
subsection (a) is a Class 3 felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent violation of this
Section within 10 years of a prior conviction, the court shall order a
presentence psychiatric examination of the person. The examiner shall report to
the court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual reproduction or
depiction by computer which includes a child under the age of 18 or a severely
or profoundly mentally retarded person engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any
material or equipment used or intended for use in photographing, filming,
printing, producing, reproducing, manufacturing, projecting, exhibiting,
depiction by computer, or disseminating such material shall be seized and
forfeited in the manner, method and procedure provided by Section 36-1 of this
Code for the seizure and forfeiture of vessels, vehicles and aircraft.
(e-5) Upon the conclusion of a case brought under this Section, the court shall
seal all evidence depicting a victim or witness that is sexually explicit. The
evidence may be unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the discretion of the
court. The motion must expressly set forth the purpose for viewing the
material. The State's attorney and the victim, if possible, shall be provided
reasonable notice of the hearing on the motion to unseal the evidence. Any
person entitled to notice of a hearing under this subsection (e-5) may object
to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without consideration or (ii)
to make a depiction by computer available for distribution or downloading
through the facilities of any telecommunications network or through any other
means of transferring computer programs or data to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or
create, or cause to be created or generated, a computer program or data that,
after being processed by a computer either alone or in conjunction with one or
more computer programs, results in a visual depiction on a computer monitor,
screen, or display.
(5) "Depiction by computer" means a computer program
or data that, after being processed by a computer either alone or in
conjunction with one or more computer programs, results in a visual depiction
on a computer monitor, screen, or display.
(6) "Computer", "computer program", and "data"
have
the meanings ascribed to them in Section 16D-2 of this Code.
(7) "Child" includes a film, videotape, photograph,
or other similar visual medium or reproduction or depiction by computer that
is, or appears to be, that of a person, either in part, or in total, under the
age of 18, regardless of the method by which the film, videotape, photograph,
or other similar visual medium or reproduction or depiction by computer is
created, adopted, or modified to appear as such. "Child" also
includes a film, videotape, photograph, or other similar visual medium or
reproduction or depiction by computer that is advertised, promoted, presented,
described, or distributed in such a manner that conveys the impression that the
film, videotape, photograph, or other similar visual medium or reproduction or
depiction by computer is of a person under the age of 18.
(8) "Sexual penetration" and "sexual conduct" have
the meanings ascribed to them in Section 12-12 of this Code.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the child pornography statute,
Section 11-20.1 of the Criminal Code of 1961. Section 50-5 also contained other
provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was
entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B)
Article 15 was entitled GANGS and amended various provisions of the Criminal
Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled
ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D)
Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and
amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963.
(F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims
and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended
the Criminal Code of 1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure Residential Youth Care
Facility Licensing Act and amended the State Finance Act, the Juvenile Court
Act of 1987, the Unified Code of Corrections, and the Private Correctional
Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act,
the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the
Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of
Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88-680
violates the single subject clause of the Illinois Constitution (Article IV,
Section 8 (d)) and was unconstitutional in its entirety. As of the time this
amendatory Act of 1999 was prepared, People v. Dainty was still subject to
appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future prosecutions under the child
pornography statute of the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999
to prevent or minimize any problems relating to prosecutions for child
pornography that may result from challenges to the constitutional validity of
Public Act 88-680 by re-enacting the Section relating to child pornography that
was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been amended. This re-enactment
is intended to remove any question as to the validity or content of that
Section; it is not intended to supersede any other Public Act that amends the
text of the Section as set forth in this amendatory Act of 1999. The material
is shown as existing text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty was subject to
appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999
of Section 11-20.1 of the Criminal Code of 1961 relating to child pornography
that was amended by Public Act 88-680 is not intended, and shall not be
construed, to imply that Public Act 88-680 is invalid or to limit or impair any
legal argument concerning whether those provisions were substantially re-enacted
by other Public Acts.
(Source: P.A. 94-366, eff. 7-29-05.)
(720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
(Text of Section before amendment by P.A. 95-579)
Sec. 11-20.1A. Forfeitures.
(a) A person who commits the offense of keeping a place of juvenile
prostitution, exploitation of a child, or child pornography under Section 11-17.1,
11-19.2, or 11-20.1 of this Code shall forfeit to the State of Illinois:
(1) Any profits or proceeds and any interest or
property he or she has acquired or maintained in violation of Section 11-17.1,
11-19.2, or 11-20.1 of this Code that the sentencing court determines, after a
forfeiture hearing, to have been acquired or maintained as a result of keeping
a place of juvenile prostitution, exploitation of a child, or child
pornography.
(2) Any interest in, security of, claim against, or
property or contractual right of any kind affording a source of influence over
any enterprise that he or she has established, operated, controlled, or
conducted in violation of Section 11-17.1, 11-19.2, or 11-20.1 of this Code
that the sentencing court determines, after a forfeiture hearing, to have been
acquired or maintained as a result of keeping a place of juvenile prostitution,
exploitation of a child, or child pornography.
(3) Any computer that contains a depiction of child
pornography in any encoded or decoded format in violation of Section 11-20.1 of
this Code. For purposes of this paragraph (3), "computer" has the
meaning ascribed to it in Section 16D-2 of this Code.
(b) (1) The court shall, upon petition by the Attorney
General or State's Attorney at any time following sentencing, conduct a hearing
to determine whether any property or property interest is subject to forfeiture
under this Section. At the forfeiture hearing the people shall have the burden
of establishing, by a preponderance of the evidence, that property or property
interests are subject to forfeiture under this Section.
(2) In any action brought by the People of the State
of Illinois under this Section, wherein any restraining order, injunction or
prohibition or any other action in connection with any property or interest
subject to forfeiture under this Section is sought, the circuit court presiding
over the trial of the person or persons charged with keeping a place of
juvenile prostitution, exploitation of a child or child pornography shall first
determine whether there is probable cause to believe that the person or persons
so charged have committed the offense of keeping a place of juvenile
prostitution, exploitation of a child or child pornography and whether the
property or interest is subject to forfeiture pursuant to this Section. In
order to make such a determination, prior to entering any such order, the court
shall conduct a hearing without a jury, wherein the People shall establish that
there is: (i) probable cause that the person or persons so charged have
committed the offense of keeping a place of juvenile prostitution, exploitation
of a child or child pornography and (ii) probable cause that any property or
interest may be subject to forfeiture pursuant to this Section. Such hearing
may be conducted simultaneously with a preliminary hearing, if the prosecution
is commenced by information or complaint, or by motion of the People, at any
stage in the proceedings. The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information charging the offense
of keeping a place of juvenile prostitution, exploitation of a child or child
pornography or the return of an indictment by a grand jury charging the offense
of keeping a place of juvenile prostitution, exploitation of a child or child
pornography as sufficient evidence of probable cause as provided in item (i)
above. Upon such a finding, the circuit court shall enter such restraining
order, injunction or prohibition, or shall take such other action in connection
with any such property or other interest subject to forfeiture, as is necessary
to insure that such property is not removed from the jurisdiction of the court,
concealed, destroyed or otherwise disposed of by the owner of that property or
interest prior to a forfeiture hearing under this Section. The Attorney General
or State's Attorney shall file a certified copy of such restraining order,
injunction or other prohibition with the recorder of deeds or registrar of
titles of each county where any such property of the defendant may be located.
No such injunction, restraining order or other prohibition shall affect the
rights of any bona fide purchaser, mortgagee, judgment creditor or other
lienholder arising prior to the date of such filing. The court may, at any
time, upon verified petition by the defendant or an innocent owner or innocent
bona fide third party lienholder who neither had knowledge of, nor consented
to, the illegal act or omission, conduct a hearing to release all or portions
of any such property or interest which the court previously determined to be
subject to forfeiture or subject to any restraining order, injunction, or
prohibition or other action. The court may release such property to the
defendant or innocent owner or innocent bona fide third party lienholder who
neither had knowledge of, nor consented to, the illegal act or omission for
good cause shown and within the sound discretion of the court.
A forfeiture under this Section may be commenced by
the Attorney General or a State's Attorney.
(3) Upon conviction of a person of keeping a place
of juvenile prostitution, exploitation of a child or child pornography, the
court shall authorize the Attorney General to seize all property or other
interest declared forfeited under this Section upon such terms and conditions
as the court shall deem proper.
(4) The Attorney General is authorized to sell all
property forfeited and seized pursuant to this Section, unless such property is
required by law to be destroyed or is harmful to the public, and, after the
deduction of all requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys forfeited or
seized, in accordance with subsection (c) of this Section.
(c) All monies forfeited and the sale proceeds of all other property forfeited
and seized under this Section shall be distributed as follows:
(1) One-half shall be divided equally among all
State agencies and units of local government whose officers or employees
conducted the investigation which resulted in the forfeiture; and
(2) One-half shall be deposited in the Violent Crime
Victims Assistance Fund.
(Source: P.A. 91-229, eff. 1-1-00; 92-175, eff. 1-1-02.)
(Text of Section after amendment by P.A. 95-579)
Sec. 11-20.1A. Forfeitures.
(a) A person who commits the offense of keeping a place of juvenile
prostitution, exploitation of a child, or child pornography under Section 11-17.1,
11-19.2, 11-20.1, or 11-20.3 of this Code shall forfeit to the State of
Illinois:
(1) Any profits or proceeds and any interest or
property he or she has acquired or maintained in violation of Section 11-17.1,
11-19.2, 11-20.1, or 11-20.3 of this Code that the sentencing court determines,
after a forfeiture hearing, to have been acquired or maintained as a result of keeping
a place of juvenile prostitution, exploitation of a child, child pornography,
or aggravated child pornography.
(2) Any interest in, security of, claim against, or
property or contractual right of any kind affording a source of influence over
any enterprise that he or she has established, operated, controlled, or
conducted in violation of Section 11-17.1, 11-19.2, 11-20.1, or 11-20.3 of this
Code that the sentencing court determines, after a forfeiture hearing, to have
been acquired or maintained as a result of keeping a place of juvenile
prostitution, exploitation of a child, child pornography, or aggravated child
pornography.
(3) Any computer that contains a depiction of child
pornography in any encoded or decoded format in violation of Section 11-20.1 of
this Code. For purposes of this paragraph (3), "computer" has the
meaning ascribed to it in Section 16D-2 of this Code.
(b) (1) The court shall, upon petition by the Attorney
General or State's Attorney at any time following sentencing, conduct a hearing
to determine whether any property or property interest is subject to forfeiture
under this Section. At the forfeiture hearing the people shall have the burden
of establishing, by a preponderance of the evidence, that property or property
interests are subject to forfeiture under this Section.
(2) In any action brought by the People of the State
of Illinois under this Section, wherein any restraining order, injunction or
prohibition or any other action in connection with any property or interest
subject to forfeiture under this Section is sought, the circuit court presiding
over the trial of the person or persons charged with keeping a place of
juvenile prostitution, exploitation of a child or child pornography shall first
determine whether there is probable cause to believe that the person or persons
so charged have committed the offense of keeping a place of juvenile
prostitution, exploitation of a child or child pornography and whether the
property or interest is subject to forfeiture pursuant to this Section. In
order to make such a determination, prior to entering any such order, the court
shall conduct a hearing without a jury, wherein the People shall establish that
there is: (i) probable cause that the person or persons so charged have
committed the offense of keeping a place of juvenile prostitution, exploitation
of a child or child pornography and (ii) probable cause that any property or
interest may be subject to forfeiture pursuant to this Section. Such hearing
may be conducted simultaneously with a preliminary hearing, if the prosecution
is commenced by information or complaint, or by motion of the People, at any
stage in the proceedings. The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information charging the offense
of keeping a place of juvenile prostitution, exploitation of a child or child
pornography or the return of an indictment by a grand jury charging the offense
of keeping a place of juvenile prostitution, exploitation of a child or child
pornography as sufficient evidence of probable cause as provided in item (i)
above. Upon such a finding, the circuit court shall enter such restraining
order, injunction or prohibition, or shall take such other action in connection
with any such property or other interest subject to forfeiture, as is necessary
to insure that such property is not removed from the jurisdiction of the court,
concealed, destroyed or otherwise disposed of by the owner of that property or
interest prior to a forfeiture hearing under this Section. The Attorney General
or State's Attorney shall file a certified copy of such restraining order,
injunction or other prohibition with the recorder of deeds or registrar of
titles of each county where any such property of the defendant may be located.
No such injunction, restraining order or other prohibition shall affect the
rights of any bona fide purchaser, mortgagee, judgment creditor or other
lienholder arising prior to the date of such filing. The court may, at any time,
upon verified petition by the defendant or an innocent owner or innocent bona
fide third party lienholder who neither had knowledge of, nor consented to, the
illegal act or omission, conduct a hearing to release all or portions of any
such property or interest which the court previously determined to be subject
to forfeiture or subject to any restraining order, injunction, or prohibition
or other action. The court may release such property to the defendant or
innocent owner or innocent bona fide third party lienholder who neither had
knowledge of, nor consented to, the illegal act or omission for good cause
shown and within the sound discretion of the court.
A forfeiture under this Section may be commenced by
the Attorney General or a State's Attorney.
(3) Upon conviction of a person of keeping a place
of juvenile prostitution, exploitation of a child or child pornography, the
court shall authorize the Attorney General to seize all property or other
interest declared forfeited under this Section upon such terms and conditions
as the court shall deem proper.
(4) The Attorney General is authorized to sell all
property forfeited and seized pursuant to this Section, unless such property is
required by law to be destroyed or is harmful to the public, and, after the
deduction of all requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys forfeited or
seized, in accordance with subsection (c) of this Section.
(c) All monies forfeited and the sale proceeds of all other property forfeited
and seized under this Section shall be distributed as follows:
(1) One-half shall be divided equally among all
State agencies and units of local government whose officers or employees
conducted the investigation which resulted in the forfeiture; and
(2) One-half shall be deposited in the Violent Crime
Victims Assistance Fund.
(Source: P.A. 95-579, eff. 6-1-08.)
(720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
Sec. 11-20.2. Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his professional capacity or
employment, any film, photograph, videotape, negative or slide which depicts a
child whom the processor knows or reasonably should know to be under the age of
18 where such child is:
(i) actually or by simulation engaged in any act of sexual intercourse with any
person or animal; or
(ii) actually or by simulation engaged in any act of sexual contact involving
the sex organs of the child and the mouth, anus, or sex organs of another
person or animal; or which involves the mouth, anus or sex organs of the child
and the sex organs of another person or animal; or
(iii) actually or by simulation engaged in any act of masturbation; or
(iv) actually or by simulation portrayed as being the object of, or otherwise
engaged in, any act of lewd fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act of excretion or urination
within a sexual context; or
(vi) actually or by simulation portrayed or depicted as bound, fettered, or
subject to sadistic, masochistic, or sadomasochistic abuse in any sexual
context; shall report such instance to a peace officer immediately or as soon
as possible. Failure to make such report shall be a business offense with a
fine of $1,000.
(Source: P.A. 84-1280.)
(720 ILCS 5/11-20.3)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 11-20.3. Aggravated child pornography.
(a) A person commits the offense of aggravated child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium or reproduction or
depicts by computer any child whom he or she knows or reasonably should know to
be under the age of 13 years where such child is:
(i) actually or by simulation engaged in any act
of sexual penetration or sexual conduct with any person or animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the sex organs of the child
and the mouth, anus, or sex organs of another person or animal; or which
involves the mouth, anus or sex organs of the child and the sex organs of
another person or animal; or
(iii) actually or by simulation engaged in any
act of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd fondling, touching, or
caressing involving another person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the unclothed or transparently
clothed genitals, pubic area, buttocks, or, if such person is female, a fully
or partially developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses
with intent to disseminate any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child whom the person knows
or reasonably should know to be under the age of 13 engaged in any activity
described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film, videotape or other
similar visual portrayal or depiction by computer which includes a child whom
the person knows or reasonably should know to be under the age of 13 engaged in
any activity described in subparagraphs (i) through (vii) of paragraph (1) of
this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably should know to be under
the age of 13 to appear in any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or depiction by computer in
which the child or severely or profoundly mentally retarded person is or will
be depicted, actually or by simulation, in any act, pose or setting described
in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person knows or reasonably
should know to be under the age of 13 and who knowingly permits, induces,
promotes, or arranges for such child to appear in any stage play, live
performance, film, videotape, photograph or other similar visual presentation,
portrayal or simulation or depiction by computer of any act or activity
described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar visual reproduction
or depiction by computer of any child whom the person knows or reasonably
should know to be under the age of 13 engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces a person to provide a child under the age of 13 to appear
in any videotape, photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in which the child will be
depicted, actually or by simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this subsection.
(b)(1) It shall be an affirmative defense to a charge of
aggravated child pornography that the defendant reasonably believed, under all
of the circumstances, that the child was 13 years of age or older, but only
where, prior to the act or acts giving rise to a prosecution under this
Section, he or she took some affirmative action or made a bonafide inquiry
designed to ascertain whether the child was 13 years of age or older and his or
her reliance upon the information so obtained was clearly reasonable.
(2) The charge of aggravated child pornography shall not
apply to the performance of official duties by law enforcement or prosecuting
officers or persons employed by law enforcement or prosecuting agencies, court
personnel or attorneys, nor to bonafide treatment or professional education
programs conducted by licensed physicians, psychologists or social workers.
(3) If the defendant possessed more than 3 of the same
film, videotape or visual reproduction or depiction by computer in which
aggravated child pornography is depicted, then the trier of fact may infer that
the defendant possessed such materials with the intent to disseminate them.
(4) The charge of aggravated child pornography does not
apply to a person who does not voluntarily possess a film, videotape, or visual
reproduction or depiction by computer in which aggravated child pornography is
depicted. Possession is voluntary if the defendant knowingly procures or
receives a film, videotape, or visual reproduction or depiction for a
sufficient time to be able to terminate his or her possession.
(c) Sentence: (1) A person who commits a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is guilty of a
Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of
$100,000.
(2) A person who commits a violation of paragraph (6) of
subsection (a) is guilty of a Class 2 felony with a mandatory minimum fine of $1000
and a maximum fine of $100,000.
(3) A person who commits a violation of paragraph (1),
(2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously
been convicted under the laws of this State or any other state of the offense
of child pornography, aggravated child pornography, aggravated criminal sexual
abuse, aggravated criminal sexual assault, predatory criminal sexual assault of
a child, or any of the offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent liberties with a child
where the victim was under the age of 18 years or an offense that is
substantially equivalent to those offenses, is guilty of a Class X felony for
which the person shall be sentenced to a term of imprisonment of not less than
9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
(4) A person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been convicted under the laws
of this State or any other state of the offense of child pornography,
aggravated child pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a child, or any
of the offenses formerly known as rape, deviate sexual assault, indecent
liberties with a child, or aggravated indecent liberties with a child where the
victim was under the age of 18 years or an offense that is substantially
equivalent to those offenses, is guilty of a Class 1 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior conviction, the court
shall order a presentence psychiatric examination of the person. The examiner
shall report to the court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a child under the
age of 13 engaged in any activity described in subparagraphs (i) through (vii)
of paragraph (1) of subsection (a), and any material or equipment used or
intended for use in photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer, or disseminating
such material shall be seized and forfeited in the manner, method and procedure
provided by Section 36-1 of this Code for the seizure and forfeiture of
vessels, vehicles and aircraft.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim or witness that
is sexually explicit. The evidence may be unsealed and viewed, on a motion of
the party seeking to unseal and view the evidence, only for good cause shown
and in the discretion of the court. The motion must expressly set forth the
purpose for viewing the material. The State's attorney and the victim, if
possible, shall be provided reasonable notice of the hearing on the motion to
unseal the evidence. Any person entitled to notice of a hearing under this
subsection (e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without consideration or (ii) to
make a depiction by computer available for distribution or downloading through
the facilities of any telecommunications network or through any other means of
transferring computer programs or data to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or data that, after
being processed by a computer either alone or in conjunction with one or more
computer programs, results in a visual depiction on a computer monitor, screen,
or display.
(5) "Depiction by computer" means a computer program
or data that, after being processed by a computer either alone or in
conjunction with one or more computer programs, results in a visual depiction
on a computer monitor, screen, or display.
(6) "Computer", "computer program", and "data"
have
the meanings ascribed to them in Section 16D-2 of this Code.
(7) For the purposes of this Section, "child" means a
person, either in part or in total, under the age of 13, regardless of the
method by which the film, videotape, photograph, or other similar visual medium
or reproduction or depiction by computer is created, adopted, or modified to
appear as such.
(8) "Sexual penetration" and "sexual conduct" have
the meanings ascribed to them in Section 12-12 of this Code.
(g) When a charge of aggravated child pornography is
brought, the age of the child is an element of the offense to be resolved by
the trier of fact as either exceeding or not exceeding the age in question. The
trier of fact can rely on its own everyday observations and common experiences
in making this determination.
(Source: P.A. 95-579, eff. 6-1-08.)
(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
Sec. 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means transfer possession of, whether
with or without consideration.
"Harmful to minors" means that quality of any
description or representation, in whatever form, of nudity, sexual conduct,
sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i)
predominately appeals to the prurient interest in sex of minors, (ii) is
patently offensive to prevailing standards in the adult community in the State
as a whole with respect to what is suitable material for minors, and (iii)
lacks serious literary, artistic, political, or scientific value for minors.
"Knowingly" means having knowledge of the contents of
the subject matter, or recklessly failing to exercise reasonable inspection
which would have disclosed the contents.
"Material" means (i) any picture, photograph,
drawing, sculpture, film, video game, computer game, video or similar visual
depiction, including any such representation or image which is stored
electronically, or (ii) any book, magazine, printed matter however reproduced,
or recorded audio of any sort.
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or
female genitals, pubic area or buttocks with less than a full opaque covering,
or the showing of the female breast with less than a fully opaque covering of
any portion below the top of the nipple, or the depiction of covered male
genitals in a discernably turgid state.
"Sado-masochistic abuse" means flagellation or
torture by or upon a person clad in undergarments, a mask or bizarre costume,
or the condition of being fettered, bound or otherwise physically restrained on
the part of one clothed for sexual gratification or stimulation.
"Sexual conduct" means acts of masturbation, sexual
intercourse, or physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks or, if such person be a female, breast.
"Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation or arousal.
(b) A person is guilty of distributing harmful material to a minor when he or
she:
(1) knowingly sells, lends, distributes, or gives
away to a minor, knowing that the minor is under the age of 18 or failing to
exercise reasonable care in ascertaining the person's true age:
(A) any material which depicts nudity, sexual
conduct or sado-masochistic abuse, or which contains explicit and detailed
verbal descriptions or narrative accounts of sexual excitement, sexual conduct
or sado-masochistic abuse, and which taken as a whole is harmful to minors;
(B) a motion picture, show, or other presentation
which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful
to minors; or
(C) an admission ticket or pass to premises where
there is exhibited or to be exhibited such a motion picture, show, or other
presentation; or
(2) admits a minor to premises where there is
exhibited or to be exhibited such a motion picture, show, or other
presentation, knowing that the minor is a person under the age of 18 or failing
to exercise reasonable care in ascertaining the person's true age.
(c) In any prosecution arising under this Section, it is an affirmative
defense:
(1) that the minor as to whom the offense is alleged
to have been committed exhibited to the accused a draft card, driver's license,
birth certificate or other official or apparently official document purporting
to establish that the minor was 18 years of age or older, which was relied upon
by the accused;
(2) that the defendant was in a parental or
guardianship relationship with the minor or that the minor was accompanied by a
parent or legal guardian;
(3) that the defendant was a bona fide school,
museum, or public library, or was a person acting in the course of his or her
employment as an employee or official of such organization or retail outlet
affiliated with and serving the educational purpose of such organization;
(4) that the act charged was committed in aid of
legitimate scientific or educational purposes; or
(5) that an advertisement of harmful material as
defined in this Section culminated in the sale or distribution of such harmful
material to a child under circumstances where there was no personal
confrontation of the child by the defendant, his employees, or agents, as where
the order or request for such harmful material was transmitted by mail,
telephone, Internet or similar means of communication, and delivery of such
harmful material to the child was by mail, freight, Internet or similar means
of transport, which advertisement contained the following statement, or a
substantially similar statement, and that the defendant required the purchaser
to certify that he or she was not under the age of 18 and that the purchaser
falsely stated that he or she was not under the age of 18: "NOTICE: It is
unlawful for any person under the age of 18 to purchase the matter advertised.
Any person under the age of 18 that falsely states that he or she is not under
the age of 18 for the purpose of obtaining the material advertised is guilty of
a Class B misdemeanor under the laws of the State."
(d) The predominant appeal to prurient interest of the material shall be judged
with reference to average children of the same general age of the child to whom
such material was sold, lent, distributed or given, unless it appears from the
nature of the matter or the circumstances of its dissemination or distribution
that it is designed for specially susceptible groups, in which case the
predominant appeal of the material shall be judged with reference to its
intended or probable recipient group.
(e) Distribution of harmful material in violation of this Section is a Class A
misdemeanor. A second or subsequent offense is a Class 4 felony.
(f) Any person under the age of 18 that falsely states, either orally or in
writing, that he or she is not under the age of 18, or that presents or offers
to any person any evidence of age and identity that is false or not actually
his or her own for the purpose of ordering, obtaining, viewing, or otherwise
procuring or attempting to procure or view any harmful material is guilty of a
Class B misdemeanor.
(Source: P.A. 94-315, eff. 1-1-06.)
(720 ILCS 5/11-22) (from Ch. 38, par. 11-22)
Sec. 11-22. Tie-in sales of obscene publications to distributors.
Any person, firm or corporation, or any agent, officer or employee thereof,
engaged in the business of distributing books, magazines, periodicals, comic
books or other publications to retail dealers, who shall refuse to furnish to
any retail dealer such quantity of books, magazines, periodicals, comic books
or other publications as such retail dealer normally sells because the retail
dealer refuses to sell, or offer for sale, any books, magazines, periodicals,
comic books or other publications which are obscene, lewd, lascivious, filthy
or indecent is guilty of a petty offense. Each publication sold or delivered in
violation of this Act shall constitute a separate petty offense.
(Source: P. A. 77-2638.)
(720 ILCS 5/11-23)
Sec. 11-23. Posting of identifying information on a pornographic Internet site.
(a) A person at least 17 years of age who discloses on an adult obscenity or
child pornography Internet site the name, address, telephone number, or e-mail
address of a person under 17 years of age at the time of the commission of the
offense or of a person at least 17 years of age without the consent of the
person at least 17 years of age is guilty of the offense of posting of
identifying information on a pornographic Internet site.
(b) Sentence. A person who violates this Section is guilty of a Class 4 felony
if the victim is at least 17 years of age at the time of the offense and a
Class 3 felony if the victim is under 17 years of age at the time of the
offense.
(c) Definitions. For purposes of this Section:
(1) "Adult obscenity or child pornography Internet
site" means a site on the Internet that contains material that is obscene
as defined in Section 11-20 of this Code or that is child pornography as
defined in Section 11-20.1 of this Code.
(2) "Internet" includes the World Wide Web,
electronic mail, a news group posting, or Internet file transfer.
(Source: P.A. 91-222, eff. 7-22-99.)
(720 ILCS 5/11-24)
Sec. 11-24. Child photography by sex offender.
(a) In this Section:
"Child" means a person under 18 years of age.
"Child sex offender" has the meaning ascribed to it
in Section 11-9.3 of this Code.
(b) It is unlawful for a child sex offender to
knowingly:
(1) conduct or operate any type of business in
which he or she photographs, videotapes, or takes a digital image of a child;
or
(2) conduct or operate any type of business in
which he or she instructs or directs another person to photograph, videotape,
or take a digital image of a child.
(c) Sentence. A violation of this Section is a Class 2
felony.
(Source: P.A. 93-905, eff. 1-1-05.)
(720 ILCS 5/Art. 12 heading)
ARTICLE 12. BODILY HARM
(720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
Sec. 12-1. Assault.
(a) A person commits an assault when, without lawful authority, he engages in
conduct which places another in reasonable apprehension of receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order
any person convicted of assault to perform community service for not less than
30 and not more than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of the county where
the offense was committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of
incarceration.
(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
(Text of Section from P.A. 95-236)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon or any device manufactured
and designed to be substantially similar in appearance to a firearm, other than
by discharging a firearm in the direction of another person, a peace officer, a
person summoned or directed by a peace officer, a correctional officer, a
private security officer, or a fireman or in the direction of a vehicle
occupied by another person, a peace officer, a person summoned or directed by a
peace officer, a correctional officer, a private security officer, or a fireman
while the officer or fireman is engaged in the execution of any of his official
duties, or to prevent the officer or fireman from performing his official
duties, or in retaliation for the officer or fireman performing his official
duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and designed to be
substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher
or other person employed in any school and such teacher or other employee is
upon the grounds of a school or grounds adjacent thereto, or is in any part of
a building used for school purposes;
(4) Knows the individual assaulted to be a
supervisor, director, instructor or other person employed in any park district
and such supervisor, director, instructor or other employee is upon the grounds
of the park or grounds adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual assaulted to be a
caseworker, investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department of Public Aid), a
County Department of Public Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or other person is upon
the grounds of a public aid office or grounds adjacent thereto, or is in any
part of a building used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person being interviewed or
investigated in the employees' discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant, recipient, or
other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, a community policing volunteer, a private security officer, or a
fireman while the officer or fireman is engaged in the execution of any of his
official duties, or to prevent the officer, community policing volunteer, or
fireman from performing his official duties, or in retaliation for the officer,
community policing volunteer, or fireman performing his official duties, and
the assault is committed other than by the discharge of a firearm in the
direction of the officer or fireman or in the direction of a vehicle occupied
by the officer or fireman;
(7) Knows the individual assaulted to be an
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver or
other medical assistance or first aid personnel engaged in the execution of any
of his official duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description
designated by the transportation facility or system as a vehicle boarding,
departure, or transfer location;
(9) Or the individual assaulted is on or about a
public way, public property, or public place of accommodation or amusement;
(9.5) Is, or the individual assaulted is, in or about
a publicly or privately owned sports or entertainment arena, stadium, community
or convention hall, special event center, amusement facility, or a special
event center in a public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association (NCAA)-sanctioned
sporting event, United States Olympic Committee-sanctioned sporting event, or
International Olympic Committee-sanctioned sporting event is taking place in
this venue;
(10) Knows the individual assaulted to be an
employee of the State of Illinois, a municipal corporation therein or a
political subdivision thereof, engaged in the performance of his authorized
duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the execution of any of
his or her official duties, or to prevent the officer from performing his or
her official duties, or in retaliation for the officer performing his or her
official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of Human Services
supervising or controlling sexually dangerous persons or sexually violent
persons, while the employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing his or her official
duties, or in retaliation for the employee performing his or her official
duties, and the assault is committed other than by the discharge of a firearm
in the direction of the employee or in the direction of a vehicle occupied by
the employee;
(16) Knows the individual assaulted to be an
employee of a police or sheriff's department engaged in the performance of his
or her official duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act causing the assault
to the sports official or coach occurred within an athletic facility or an
indoor or outdoor playing field or within the immediate vicinity of the
athletic facility or an indoor or outdoor playing field at which the sports
official or coach was an active participant in the athletic contest held at the
athletic facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who enforces the rules of
the contest, such as an umpire or referee; and "coach" means a person
recognized as a coach by the sanctioning authority that conducted the athletic
contest; or
(18) Knows the individual assaulted to be an
emergency management worker, while the emergency management worker is engaged
in the execution of any of his or her official duties, or to prevent the emergency
management worker from performing his or her official duties, or in retaliation
for the emergency management worker performing his or her official duties, and
the assault is committed other than by the discharge of a firearm in the
direction of the emergency management worker or in the direction of a vehicle
occupied by the emergency management worker.
(a-5) A person commits an aggravated assault when he or she knowingly and
without lawful justification shines or flashes a laser gunsight or other laser
device that is attached or affixed to a firearm, or used in concert with a
firearm, so that the laser beam strikes near or in the immediate vicinity of
any person.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and (8) through
(12) and (17) of subsection (a) of this Section is a Class A misdemeanor.
Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection
(a) of this Section and as defined in subsection (a-5) of this Section is a
Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and
(18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is
not used in the commission of the assault. Aggravated assault as defined in
paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a
Class 4 felony if a firearm is used in the commission of the assault.
(c) For the purposes of paragraphs (1) and (6) of subsection (a), "private
security officer" means a registered employee of a private security
contractor agency under the Private Detective, Private Alarm, Private Security,
and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-236, eff. 1-1-08.)
(Text of Section from P.A. 95-292)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon or any device manufactured
and designed to be substantially similar in appearance to a firearm, other than
by discharging a firearm in the direction of another person, a peace officer, a
person summoned or directed by a peace officer, a correctional officer or a
fireman or in the direction of a vehicle occupied by another person, a peace
officer, a person summoned or directed by a peace officer, a correctional officer
or a fireman while the officer or fireman is engaged in the execution of any of
his official duties, or to prevent the officer or fireman from performing his
official duties, or in retaliation for the officer or fireman performing his
official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and designed to be
substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher
or other person employed in any school and such teacher or other employee is
upon the grounds of a school or grounds adjacent thereto, or is in any part of
a building used for school purposes;
(4) Knows the individual assaulted to be a
supervisor, director, instructor or other person employed in any park district
and such supervisor, director, instructor or other employee is upon the grounds
of the park or grounds adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual assaulted to be a
caseworker, investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department of Public Aid), a
County Department of Public Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or other person is upon
the grounds of a public aid office or grounds adjacent thereto, or is in any
part of a building used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person being interviewed or
investigated in the employees' discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant, recipient, or
other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, or a community policing volunteer, or a fireman while the officer or
fireman is engaged in the execution of any of his official duties, or to prevent
the officer, community policing volunteer, or fireman from performing his
official duties, or in retaliation for the officer, community policing
volunteer, or fireman performing his official duties, and the assault is
committed other than by the discharge of a firearm in the direction of the
officer or fireman or in the direction of a vehicle occupied by the officer or
fireman;
(7) Knows the individual assaulted to be an
emergency medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver or other medical
assistance or first aid personnel engaged in the execution of any of his
official duties, or to prevent the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or first aid personnel
from performing his official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description
designated by the transportation facility or system as a vehicle boarding,
departure, or transfer location;
(9) Or the individual assaulted is on or about a
public way, public property, or public place of accommodation or amusement;
(9.5) Is, or the individual assaulted is, in or about
a publicly or privately owned sports or entertainment arena, stadium, community
or convention hall, special event center, amusement facility, or a special
event center in a public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association (NCAA)-sanctioned
sporting event, United States Olympic Committee-sanctioned sporting event, or
International Olympic Committee-sanctioned sporting event is taking place in
this venue;
(10) Knows the individual assaulted to be an
employee of the State of Illinois, a municipal corporation therein or a
political subdivision thereof, engaged in the performance of his authorized
duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm, other than from a motor
vehicle;
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the execution of any of
his or her official duties, or to prevent the officer from performing his or
her official duties, or in retaliation for the officer performing his or her
official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of Human Services
supervising or controlling sexually dangerous persons or sexually violent
persons, while the employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing his or her official
duties, or in retaliation for the employee performing his or her official duties,
and the assault is committed other than by the discharge of a firearm in the
direction of the employee or in the direction of a vehicle occupied by the
employee;
(16) Knows the individual assaulted to be an
employee of a police or sheriff's department engaged in the performance of his
or her official duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act causing the assault
to the sports official or coach occurred within an athletic facility or an
indoor or outdoor playing field or within the immediate vicinity of the
athletic facility or an indoor or outdoor playing field at which the sports
official or coach was an active participant in the athletic contest held at the
athletic facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who enforces the rules of
the contest, such as an umpire or referee; and "coach" means a person
recognized as a coach by the sanctioning authority that conducted the athletic
contest; or
(18) Knows the individual assaulted to be an
emergency management worker, while the emergency management worker is engaged
in the execution of any of his or her official duties, or to prevent the emergency
management worker from performing his or her official duties, or in retaliation
for the emergency management worker performing his or her official duties, and
the assault is committed other than by the discharge of a firearm in the
direction of the emergency management worker or in the direction of a vehicle
occupied by the emergency management worker.
(a-5) A person commits an aggravated assault when he or she knowingly and
without lawful justification shines or flashes a laser gunsight or other laser
device that is attached or affixed to a firearm, or used in concert with a
firearm, so that the laser beam strikes near or in the immediate vicinity of
any person.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and (8) through
(12) and (17) of subsection (a) of this Section is a Class A misdemeanor.
Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection
(a) of this Section and as defined in subsection (a-5) of this Section is a
Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and
(18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is
not used in the commission of the assault. Aggravated assault as defined in
paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a
Class 4 felony if a firearm is used in the commission of the assault.
Aggravated assault as defined in paragraph (13.5) of subsection (a) is a Class
3 felony.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-292, eff. 8-20-07.)
(Text of Section from P.A. 95-331)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon or any device manufactured
and designed to be substantially similar in appearance to a firearm, other than
by discharging a firearm in the direction of another person, a peace officer, a
person summoned or directed by a peace officer, a correctional officer or a
fireman or in the direction of a vehicle occupied by another person, a peace
officer, a person summoned or directed by a peace officer, a correctional
officer or a fireman while the officer or fireman is engaged in the execution
of any of his official duties, or to prevent the officer or fireman from
performing his official duties, or in retaliation for the officer or fireman
performing his official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and designed to be
substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher
or other person employed in any school and such teacher or other employee is
upon the grounds of a school or grounds adjacent thereto, or is in any part of
a building used for school purposes;
(4) Knows the individual assaulted to be a
supervisor, director, instructor or other person employed in any park district
and such supervisor, director, instructor or other employee is upon the grounds
of the park or grounds adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual assaulted to be a
caseworker, investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department of Public Aid), a
County Department of Public Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or other person is upon
the grounds of a public aid office or grounds adjacent thereto, or is in any
part of a building used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person being interviewed or
investigated in the employees' discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant, recipient, or
other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, or a community policing volunteer, or a fireman while the officer or
fireman is engaged in the execution of any of his official duties, or to
prevent the officer, community policing volunteer, or fireman from performing
his official duties, or in retaliation for the officer, community policing
volunteer, or fireman performing his official duties, and the assault is
committed other than by the discharge of a firearm in the direction of the
officer or fireman or in the direction of a vehicle occupied by the officer or
fireman;
(7) Knows the individual assaulted to be an
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver or
other medical assistance or first aid personnel engaged in the execution of any
of his official duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description
designated by the transportation facility or system as a vehicle boarding,
departure, or transfer location;
(9) Or the individual assaulted is on or about a
public way, public property, or public place of accommodation or amusement;
(9.5) Is, or the individual assaulted is, in or about
a publicly or privately owned sports or entertainment arena, stadium, community
or convention hall, special event center, amusement facility, or a special
event center in a public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association (NCAA)-sanctioned
sporting event, United States Olympic Committee-sanctioned sporting event, or
International Olympic Committee-sanctioned sporting event is taking place in
this venue;
(10) Knows the individual assaulted to be an
employee of the State of Illinois, a municipal corporation therein or a
political subdivision thereof, engaged in the performance of his authorized
duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the execution of any of
his or her official duties, or to prevent the officer from performing his or her
official duties, or in retaliation for the officer performing his or her
official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of Human Services
supervising or controlling sexually dangerous persons or sexually violent
persons, while the employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing his or her official
duties, or in retaliation for the employee performing his or her official
duties, and the assault is committed other than by the discharge of a firearm
in the direction of the employee or in the direction of a vehicle occupied by
the employee;
(16) Knows the individual assaulted to be an
employee of a police or sheriff's department engaged in the performance of his
or her official duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act causing the assault
to the sports official or coach occurred within an athletic facility or an
indoor or outdoor playing field or within the immediate vicinity of the
athletic facility or an indoor or outdoor playing field at which the sports
official or coach was an active participant in the athletic contest held at the
athletic facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who enforces the rules of
the contest, such as an umpire or referee; and "coach" means a person
recognized as a coach by the sanctioning authority that conducted the athletic
contest; or
(18) Knows the individual assaulted to be an
emergency management worker, while the emergency management worker is engaged
in the execution of any of his or her official duties, or to prevent the emergency
management worker from performing his or her official duties, or in retaliation
for the emergency management worker performing his or her official duties, and
the assault is committed other than by the discharge of a firearm in the
direction of the emergency management worker or in the direction of a vehicle
occupied by the emergency management worker.
(a-5) A person commits an aggravated assault when he or she knowingly and
without lawful justification shines or flashes a laser gunsight or other laser
device that is attached or affixed to a firearm, or used in concert with a
firearm, so that the laser beam strikes near or in the immediate vicinity of
any person.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and (8) through
(12) and (17) of subsection (a) of this Section is a Class A misdemeanor.
Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection
(a) of this Section and as defined in subsection (a-5) of this Section is a
Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and
(18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is
not used in the commission of the assault. Aggravated assault as defined in
paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a
Class 4 felony if a firearm is used in the commission of the assault.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-331, eff. 8-21-07.)
(Text of Section from P.A. 95-429)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon or any device manufactured
and designed to be substantially similar in appearance to a firearm, other than
by discharging a firearm in the direction of another person, a peace officer, a
person summoned or directed by a peace officer, a correctional officer or a
fireman or in the direction of a vehicle occupied by another person, a peace
officer, a person summoned or directed by a peace officer, a correctional
officer or a fireman while the officer or fireman is engaged in the execution
of any of his official duties, or to prevent the officer or fireman from
performing his official duties, or in retaliation for the officer or fireman
performing his official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and designed to be
substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher
or other person employed in any school and such teacher or other employee is
upon the grounds of a school or grounds adjacent thereto, or is in any part of
a building used for school purposes;
(4) Knows the individual assaulted to be a
supervisor, director, instructor or other person employed in any park district
and such supervisor, director, instructor or other employee is upon the grounds
of the park or grounds adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual assaulted to be a
caseworker, investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department of Public Aid), a
County Department of Public Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or other person is upon
the grounds of a public aid office or grounds adjacent thereto, or is in any
part of a building used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person being interviewed or
investigated in the employees' discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant, recipient, or
other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, or a community policing volunteer, or a fireman while the officer or
fireman is engaged in the execution of any of his official duties, or to
prevent the officer, community policing volunteer, or fireman from performing
his official duties, or in retaliation for the officer, community policing
volunteer, or fireman performing his official duties, and the assault is
committed other than by the discharge of a firearm in the direction of the
officer or fireman or in the direction of a vehicle occupied by the officer or
fireman;
(7) Knows the individual assaulted to be an
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver or
other medical assistance or first aid personnel engaged in the execution of any
of his official duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description
designated by the transportation facility or system as a vehicle boarding,
departure, or transfer location;
(9) Or the individual assaulted is on or about a
public way, public property, or public place of accommodation or amusement;
(9.5) Is, or the individual assaulted is, in or about
a publicly or privately owned sports or entertainment arena, stadium, community
or convention hall, special event center, amusement facility, or a special
event center in a public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association (NCAA)-sanctioned
sporting event, United States Olympic Committee-sanctioned sporting event, or
International Olympic Committee-sanctioned sporting event is taking place in
this venue;
(10) Knows the individual assaulted to be an
employee of the State of Illinois, a municipal corporation therein or a
political subdivision thereof, engaged in the performance of his authorized
duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the execution of any of
his or her official duties, or to prevent the officer from performing his or
her official duties, or in retaliation for the officer performing his or her
official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of Human Services
supervising or controlling sexually dangerous persons or sexually violent
persons, while the employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing his or her official
duties, or in retaliation for the employee performing his or her official
duties, and the assault is committed other than by the discharge of a firearm in
the direction of the employee or in the direction of a vehicle occupied by the
employee;
(16) Knows the individual assaulted to be an
employee of a police or sheriff's department engaged in the performance of his
or her official duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act causing the assault
to the sports official or coach occurred within an athletic facility or an
indoor or outdoor playing field or within the immediate vicinity of the
athletic facility or an indoor or outdoor playing field at which the sports
official or coach was an active participant in the athletic contest held at the
athletic facility. For the purposes of this paragraph (17), "sports official"
means a person at an athletic contest who enforces the rules of the contest,
such as an umpire or referee; and "coach" means a person recognized
as a coach by the sanctioning authority that conducted the athletic contest;
(18) Knows the individual assaulted to be an
emergency management worker, while the emergency management worker is engaged
in the execution of any of his or her official duties, or to prevent the
emergency management worker from performing his or her official duties, or in
retaliation for the emergency management worker performing his or her official
duties, and the assault is committed other than by the discharge of a firearm
in the direction of the emergency management worker or in the direction of a
vehicle occupied by the emergency management worker; or
(19) Knows the individual assaulted to be a utility
worker, while the utility worker is engaged in the execution of his or her
duties, or to prevent the utility worker from performing his or her duties, or
in retaliation for the utility worker performing his or her duties. In this
paragraph (19), "utility worker" means a person employed by a public
utility as defined in Section 3-105 of the Public Utilities Act and also
includes an employee of a municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative as defined in
Section 3-119 of the Public Utilities Act, an independent contractor or an
employee of an independent contractor working on behalf of a cable television
company, public utility, municipally owned utility, or an electric cooperative,
or an employee of a telecommunications carrier as defined in Section 13-202 of
the Public Utilities Act, an independent contractor or an employee of an
independent contractor working on behalf of a telecommunications carrier, or an
employee of a telephone or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent contractor or an employee
of an independent contractor working on behalf of a telephone or
telecommunications cooperative.
(a-5) A person commits an aggravated assault when he or she knowingly and
without lawful justification shines or flashes a laser gunsight or other laser
device that is attached or affixed to a firearm, or used in concert with a
firearm, so that the laser beam strikes near or in the immediate vicinity of
any person.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and (8) through
(12) and (17) and (19) of subsection (a) of this Section is a Class A
misdemeanor. Aggravated assault as defined in paragraphs (13), (14), and (15)
of subsection (a) of this Section and as defined in subsection (a-5) of this
Section is a Class 4 felony. Aggravated assault as defined in paragraphs (6),
(7), (16), and (18) of subsection (a) of this Section is a Class A misdemeanor
if a firearm is not used in the commission of the assault. Aggravated assault
as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the commission of the
assault.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-429, eff. 1-1-08.)
(Text of Section from P.A. 95-591)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon or any device manufactured
and designed to be substantially similar in appearance to a firearm, other than
by discharging a firearm in the direction of another person, a peace officer, a
person summoned or directed by a peace officer, a correctional officer or a
fireman or in the direction of a vehicle occupied by another person, a peace
officer, a person summoned or directed by a peace officer, a correctional
officer or a fireman while the officer or fireman is engaged in the execution
of any of his official duties, or to prevent the officer or fireman from
performing his official duties, or in retaliation for the officer or fireman
performing his official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and designed to be
substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher
or other person employed in any school and such teacher or other employee is
upon the grounds of a school or grounds adjacent thereto, or is in any part of
a building used for school purposes;
(4) Knows the individual assaulted to be a
supervisor, director, instructor or other person employed in any park district
and such supervisor, director, instructor or other employee is upon the grounds
of the park or grounds adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual assaulted to be a
caseworker, investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department of Public Aid), a
County Department of Public Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or other person is upon
the grounds of a public aid office or grounds adjacent thereto, or is in any
part of a building used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person being interviewed or
investigated in the employees' discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant, recipient, or
other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, or a community policing volunteer, or a fireman while the officer or
fireman is engaged in the execution of any of his official duties, or to
prevent the officer, community policing volunteer, or fireman from performing
his official duties, or in retaliation for the officer, community policing
volunteer, or fireman performing his official duties, and the assault is
committed other than by the discharge of a firearm in the direction of the officer
or fireman or in the direction of a vehicle occupied by the officer or fireman;
(7) Knows the individual assaulted to be an
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver or
other medical assistance or first aid personnel engaged in the execution of any
of his official duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation facility or system engaged
in the business of transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using such public
transportation as a passenger or using any area of any description designated
by the transportation facility or system as a vehicle boarding, departure, or
transfer location;
(9) Or the individual assaulted is on or about a
public way, public property, or public place of accommodation or amusement;
(9.5) Is, or the individual assaulted is, in or about
a publicly or privately owned sports or entertainment arena, stadium, community
or convention hall, special event center, amusement facility, or a special
event center in a public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association (NCAA)-sanctioned
sporting event, United States Olympic Committee-sanctioned sporting event, or
International Olympic Committee-sanctioned sporting event is taking place in
this venue;
(10) Knows the individual assaulted to be an
employee of the State of Illinois, a municipal corporation therein or a
political subdivision thereof, engaged in the performance of his authorized
duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the execution of any of
his or her official duties, or to prevent the officer from performing his or
her official duties, or in retaliation for the officer performing his or her
official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of Human Services
supervising or controlling sexually dangerous persons or sexually violent
persons, while the employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing his or her official
duties, or in retaliation for the employee performing his or her official
duties, and the assault is committed other than by the discharge of a firearm
in the direction of the employee or in the direction of a vehicle occupied by
the employee;
(16) Knows the individual assaulted to be an
employee of a police or sheriff's department, or a person who is employed by a
municipality and whose duties include traffic control, engaged in the
performance of his or her official duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act causing the assault
to the sports official or coach occurred within an athletic facility or an
indoor or outdoor playing field or within the immediate vicinity of the
athletic facility or an indoor or outdoor playing field at which the sports
official or coach was an active participant in the athletic contest held at the
athletic facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who enforces the rules of
the contest, such as an umpire or referee; and "coach" means a person
recognized as a coach by the sanctioning authority that conducted the athletic
contest; or
(18) Knows the individual assaulted to be an
emergency management worker, while the emergency management worker is engaged
in the execution of any of his or her official duties, or to prevent the
emergency management worker from performing his or her official duties, or in
retaliation for the emergency management worker performing his or her official
duties, and the assault is committed other than by the discharge of a firearm
in the direction of the emergency management worker or in the direction of a
vehicle occupied by the emergency management worker.
(a-5) A person commits an aggravated assault when he or she knowingly and
without lawful justification shines or flashes a laser gunsight or other laser
device that is attached or affixed to a firearm, or used in concert with a
firearm, so that the laser beam strikes near or in the immediate vicinity of
any person.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and (8) through
(12) and (17) of subsection (a) of this Section is a Class A misdemeanor.
Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection
(a) of this Section and as defined in subsection (a-5) of this Section is a
Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and
(18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is
not used in the commission of the assault. Aggravated assault as defined in
paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a
Class 4 felony if a firearm is used in the commission of the assault.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-591, eff. 9-10-07.)
(720 ILCS 5/12-2.5)
Sec. 12-2.5. Vehicular Endangerment.
(a) Any person who with the intent to strike a motor vehicle causes by any
means an object to fall from an overpass in the direction of a moving motor
vehicle traveling upon any highway in this State, if that object strikes a
motor vehicle, is guilty of vehicular endangerment.
(b) Sentence. Vehicular endangerment is a Class 2 felony, except when death
results. If death results, vehicular endangerment is a Class 1 felony.
(c) Definitions. For purposes of this Section:
"Object" means any object or substance that by its size, weight, or
consistency is likely to cause great bodily harm to any occupant of a motor
vehicle.
"Overpass" means any structure that passes over a highway.
"Motor vehicle" and "highway" have the meanings as defined
in the Illinois Vehicle Code.
(Source: P.A. 88-467.)
(720 ILCS 5/12-2.6)
Sec. 12-2.6. Use of a dangerous place for the commission of a controlled
substance or cannabis offense.
(a) A person commits the offense of use of a dangerous place for the commission
of a controlled substance or cannabis offense when that person knowingly exercises
control over any place with the intent to use that place to manufacture,
produce, deliver, or possess with intent to deliver a controlled or counterfeit
substance or controlled substance analog in violation of Section 401 of the
Illinois Controlled Substances Act or to manufacture, produce, deliver, or
possess with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7,
or 8 of the Cannabis Control Act and:
(1) the place, by virtue of the presence of the
substance or substances used or intended to be used to manufacture a controlled
or counterfeit substance, controlled substance analog, or cannabis, presents a
substantial risk of injury to any person from fire, explosion, or exposure to
toxic or noxious chemicals or gas; or
(2) the place used or intended to be used to
manufacture, produce, deliver, or possess with intent to deliver a controlled
or counterfeit substance, controlled substance analog, or cannabis has located
within it or surrounding it devices, weapons, chemicals, or explosives
designed, hidden, or arranged in a manner that would cause a person to be
exposed to a substantial risk of great bodily harm.
(b) It may be inferred that a place was intended to be used to manufacture a
controlled or counterfeit substance or controlled substance analog if a
substance containing a controlled or counterfeit substance or controlled
substance analog or a substance containing a chemical important to the
manufacture of a controlled or counterfeit substance or controlled substance
analog is found at the place of the alleged illegal controlled substance
manufacturing in close proximity to equipment or a chemical used for
facilitating the manufacture of the controlled or counterfeit substance or
controlled substance analog that is alleged to have been intended to be
manufactured.
(c) As used in this Section, "place" means a premises, conveyance, or
location that offers seclusion, shelter, means, or facilitation for
manufacturing, producing, possessing, or possessing with intent to deliver a controlled
or counterfeit substance, controlled substance analog, or cannabis.
(d) Use of a dangerous place for the commission of a controlled substance or
cannabis offense is a Class 1 felony.
(Source: P.A. 93-516, eff. 1-1-04; 94-743, eff. 5-8-06.)
(720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
Sec. 12-3. Battery.
(a) A person commits battery if he intentionally or knowingly without legal
justification and by any means, (1) causes bodily harm to an individual or (2)
makes physical contact of an insulting or provoking nature with an individual.
(b) Sentence.
Battery is a Class A misdemeanor.
(Source: P. A. 77-2638.)
(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
Sec. 12-3.1. Battery of an Unborn Child. (a) A person commits battery of an
unborn child if he intentionally or knowingly without legal justification and
by any means causes bodily harm to an unborn child.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from fertilization until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is
harmed.
(c) Sentence. Battery of an unborn child is a Class A misdemeanor.
(d) This Section shall not apply to acts which cause bodily harm to an unborn
child if those acts were committed during any abortion, as defined in Section 2
of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman
has consented. This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice during diagnostic
testing or therapeutic treatment.
(Source: P.A. 84-1414.)
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he intentionally or knowingly without
legal justification by any means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or
provoking nature with any family or household member as defined in subsection
(3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a
Class 4 felony if the defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2) or violation of an order of protection
(Section 12-30), or any prior conviction under the law of another jurisdiction
for an offense which is substantially similar. Domestic battery is a Class 4
felony if the defendant has any prior conviction under this Code for first
degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4),
aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-4),
heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn
child (Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal
sexual assault (Section 12-13), aggravated criminal sexual assault (12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory
criminal sexual assault of a child (Section 12-14.1), aggravated criminal
sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated
unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or
aggravated discharge of a firearm (Section 24-1.2), or any prior conviction
under the law of another jurisdiction for any offense that is substantially
similar to the offenses listed in this Section, when any of these offenses have
been committed against a family or household member as defined in Section 112A-3
of the Code of Criminal Procedure of 1963. In addition to any other sentencing
alternatives, for any second or subsequent conviction of violating this
Section, the offender shall be mandatorily sentenced to a minimum of 72
consecutive hours of imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in order to reduce
the sentence.
(c) Domestic battery committed in the presence of a child. In addition to any
other sentencing alternatives, a defendant who commits, in the presence of a
child, a felony domestic battery (enhanced under subsection (b)), aggravated
domestic battery (Section 12-3.3), aggravated battery (Section 12-4), unlawful
restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1)
against a family or household member, as defined in Section 112A-3 of the Code
of Criminal Procedure of 1963, shall be required to serve a mandatory minimum
imprisonment of 10 days or perform 300 hours of community service, or both. The
defendant shall further be liable for the cost of any counseling required for
the child at the discretion of the court in accordance with subsection (b) of
Section 5-5-6 of the Unified Code of Corrections. For purposes of this Section,
"child" means a person under 18 years of age who is the defendant's
or victim's child or step-child or who is a minor child residing within or
visiting the household of the defendant or victim. For purposes of this
Section, "in the presence of a child" means in the physical presence
of a child or knowing or having reason to know that a child is present and may
see or hear an act constituting one of the offenses listed in this subsection.
(Source: P.A. 93-336, eff. 1-1-04; 93-809, eff. 1-1-05; 94-148, eff. 1-1-06.)
(720 ILCS 5/12-3.3)
Sec. 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery, intentionally or knowingly
causes great bodily harm, or permanent disability or disfigurement commits
aggravated domestic battery.
(b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of
probation or conditional discharge entered following a conviction for an
offense under this Section must include, in addition to any other condition of
probation or conditional discharge, a condition that the offender serve a mandatory
term of imprisonment of not less than 60 consecutive days. A person convicted
of a second or subsequent violation of this Section must be sentenced to a
mandatory term of imprisonment of not less than 3 years and not more than 7
years or an extended term of imprisonment of not less than 7 years and not more
than 14 years.
(Source: P.A. 91-445, eff. 1-1-00.)
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
(Text of Section from P.A. 95-236)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or knowingly causes
great bodily harm, or permanent disability or disfigurement commits aggravated
battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge
of a firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or other employee is upon
the grounds of a school or grounds adjacent thereto, or is in any part of a
building used for school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the execution of any
official duties, or to prevent the volunteer from performing official duties,
or in retaliation for the volunteer performing official duties, and the battery
is committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical
assistance, first aid personnel, or hospital personnel engaged in the
performance of any of his or her official duties, or to prevent the emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical
assistance, first aid personnel, or hospital personnel from performing official
duties, or in retaliation for performing official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of accommodation or amusement;
(8.5) Is, or the person battered is, on a publicly or
privately owned sports or entertainment arena, stadium, community or convention
hall, special event center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional sporting event,
National Collegiate Athletic Association (NCAA)-sanctioned sporting event,
United States Olympic Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description
designated by the transportation facility or system as a vehicle boarding,
departure, or transfer location;
(10) Knows the individual harmed to be an individual
of 60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's performance of his or
her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who
is physically handicapped;
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains the person for an
alleged commission of retail theft under Section 16A-5 of this Code. In this
item (15), "merchant" has the meaning ascribed to it in Section 16A-2.4
of this Code;
(16) Is, or the person battered is, in any building
or other structure used to provide shelter or other services to victims or to
the dependent children of victims of domestic violence pursuant to the Illinois
Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the
person battered is within 500 feet of such a building or other structure while
going to or from such a building or other structure. "Domestic violence"
has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence
Act of 1986. "Building or other structure used to provide shelter"
has the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local government, or school
district engaged in the performance of his or her authorized duties as such
officer or employee;
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his or her official
duties, or to prevent the emergency management worker from performing official
duties, or in retaliation for the emergency management worker performing official
duties; or
(20) Knows the individual harmed to be a private
security officer engaged in the performance of any of his or her official
duties, or to prevent the private security officer from performing official
duties, or in retaliation for the private security officer performing official
duties.
For the purpose of paragraph (14) of subsection (b) of this Section, a
physically handicapped person is a person who suffers from a permanent and
disabling physical characteristic, resulting from disease, injury, functional
disorder or congenital condition.
For the purpose of paragraph (20) of subsection (b) and subsection (e) of this
Section, "private security officer" means a registered employee of a
private security contractor agency under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 2004.
(c) A person who administers to an individual or causes him to take, without
his consent or by threat or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any food that contains any
substance or object that is intended to cause physical injury if eaten, commits
aggravated battery.
(d-3) A person commits aggravated battery when he or she knowingly and without
lawful justification shines or flashes a laser gunsight or other laser device
that is attached or affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of another.
(d-5) An inmate of a penal institution or a sexually dangerous person or a
sexually violent person in the custody of the Department of Human Services who
causes or attempts to cause a correctional employee of the penal institution or
an employee of the Department of Human Services to come into contact with
blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that
fluid or material commits aggravated battery. For purposes of this subsection
(d-5), "correctional employee" means a person who is employed by a
penal institution.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2)
and (3), aggravated battery is a Class 3 felony.
(2) Aggravated battery that does not cause great
bodily harm or permanent disability or disfigurement is a Class 2 felony when
the person knows the individual harmed to be a peace officer, a community
policing volunteer, a private security officer, a correctional institution
employee, an employee of the Department of Human Services supervising or
controlling sexually dangerous persons or sexually violent persons, or a
fireman while such officer, volunteer, employee, or fireman is engaged in the
execution of any official duties including arrest or attempted arrest, or to
prevent the officer, volunteer, employee, or fireman from performing official
duties, or in retaliation for the officer, volunteer, employee, or fireman
performing official duties, and the battery is committed other than by the discharge
of a firearm.
(3) Aggravated battery that causes great bodily harm
or permanent disability or disfigurement in violation of subsection (a) is a
Class 1 felony when the person knows the individual harmed to be a peace
officer, a community policing volunteer, a private security officer, a
correctional institution employee, an employee of the Department of Human
Services supervising or controlling sexually dangerous persons or sexually
violent persons, or a fireman while such officer, volunteer, employee, or
fireman is engaged in the execution of any official duties including arrest or
attempted arrest, or to prevent the officer, volunteer, employee, or fireman
from performing official duties, or in retaliation for the officer, volunteer,
employee, or fireman performing official duties, and the battery is committed
other than by the discharge of a firearm.
(Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, eff. 7-26-05;
94-363, eff. 7-29-05; 94-482, eff. 1-1-06; 95-236, eff. 1-1-08.)
(Text of Section from P.A. 95-256)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or knowingly causes
great bodily harm, or permanent disability or disfigurement commits aggravated
battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge
of a firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or other employee is upon
the grounds of a school or grounds adjacent thereto, or is in any part of a
building used for school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the execution of any
official duties, or to prevent the volunteer from performing official duties,
or in retaliation for the volunteer performing official duties, and the battery
is committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical assistance,
first aid personnel, or hospital personnel engaged in the performance of any of
his or her official duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, other medical assistance, first aid
personnel, or hospital personnel from performing official duties, or in
retaliation for performing official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of accommodation or amusement;
(8.5) Is, or the person battered is, on a publicly or
privately owned sports or entertainment arena, stadium, community or convention
hall, special event center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional sporting event,
National Collegiate Athletic Association (NCAA)-sanctioned sporting event,
United States Olympic Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using such public
transportation as a passenger or using any area of any description designated
by the transportation facility or system as a vehicle boarding, departure, or
transfer location;
(10) Knows the individual harmed to be an individual
of 60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's performance of his or
her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who
is physically handicapped;
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains the person for an
alleged commission of retail theft under Section 16A-5 of this Code. In this
item (15), "merchant" has the meaning ascribed to it in Section 16A-2.4
of this Code;
(16) Is, or the person battered is, in any building
or other structure used to provide shelter or other services to victims or to
the dependent children of victims of domestic violence pursuant to the Illinois
Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the
person battered is within 500 feet of such a building or other structure while
going to or from such a building or other structure. "Domestic
violence" has the meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure used to
provide shelter" has the meaning ascribed to "shelter" in
Section 1 of the Domestic Violence Shelters Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local government, or school
district engaged in the performance of his or her authorized duties as such
officer or employee;
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his or her official
duties, or to prevent the emergency management worker from performing official
duties, or in retaliation for the emergency management worker performing
official duties; or
(20) Knows the individual harmed to be a taxi driver
and the battery is committed while the taxi driver is on duty.
For the purpose of paragraph (14) of subsection (b) of this Section, a
physically handicapped person is a person who suffers from a permanent and
disabling physical characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes him to take, without
his consent or by threat or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any food that contains any
substance or object that is intended to cause physical injury if eaten, commits
aggravated battery.
(d-3) A person commits aggravated battery when he or she knowingly and without
lawful justification shines or flashes a laser gunsight or other laser device
that is attached or affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of another.
(d-5) An inmate of a penal institution or a sexually dangerous person or a
sexually violent person in the custody of the Department of Human Services who
causes or attempts to cause a correctional employee of the penal institution or
an employee of the Department of Human Services to come into contact with
blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that
fluid or material commits aggravated battery. For purposes of this subsection
(d-5), "correctional employee" means a person who is employed by a
penal institution.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2)
and (3), aggravated battery is a Class 3 felony.
(2) Aggravated battery that does not cause great
bodily harm or permanent disability or disfigurement is a Class 2 felony when
the person knows the individual harmed to be a peace officer, a community
policing volunteer, a correctional institution employee, an employee of the
Department of Human Services supervising or controlling sexually dangerous
persons or sexually violent persons, or a fireman while such officer,
volunteer, employee, or fireman is engaged in the execution of any official
duties including arrest or attempted arrest, or to prevent the officer,
volunteer, employee, or fireman from performing official duties, or in retaliation
for the officer, volunteer, employee, or fireman performing official duties,
and the battery is committed other than by the discharge of a firearm.
(3) Aggravated battery that causes great bodily harm
or permanent disability or disfigurement in violation of subsection (a) is a
Class 1 felony when the person knows the individual harmed to be a peace
officer, a community policing volunteer, a correctional institution employee,
an employee of the Department of Human Services supervising or controlling
sexually dangerous persons or sexually violent persons, or a fireman while such
officer, volunteer, employee, or fireman is engaged in the execution of any
official duties including arrest or attempted arrest, or to prevent the
officer, volunteer, employee, or fireman from performing official duties, or in
retaliation for the officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by the discharge of a
firearm.
(Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, eff. 7-26-05;
94-363, eff. 7-29-05; 94-482, eff. 1-1-06; 95-256, eff. 1-1-08.)
(Text of Section from P.A. 95-331)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or knowingly causes
great bodily harm, or permanent disability or disfigurement commits aggravated
battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge
of a firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or other employee is upon
the grounds of a school or grounds adjacent thereto, or is in any part of a
building used for school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the execution of any
official duties, or to prevent the volunteer from performing official duties,
or in retaliation for the volunteer performing official duties, and the battery
is committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical
assistance, first aid personnel, or hospital personnel engaged in the
performance of any of his or her official duties, or to prevent the emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical
assistance, first aid personnel, or hospital personnel from performing official
duties, or in retaliation for performing official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of accommodation or amusement;
(8.5) Is, or the person battered is, on a publicly or
privately owned sports or entertainment arena, stadium, community or convention
hall, special event center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional sporting event,
National Collegiate Athletic Association (NCAA)-sanctioned sporting event,
United States Olympic Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description designated
by the transportation facility or system as a vehicle boarding, departure, or
transfer location;
(10) Knows the individual harmed to be an individual
of 60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's performance of his or
her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who
is physically handicapped;
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains the person for an
alleged commission of retail theft under Section 16A-5 of this Code. In this
item (15), "merchant" has the meaning ascribed to it in Section 16A-2.4
of this Code;
(16) Is, or the person battered is, in any building
or other structure used to provide shelter or other services to victims or to
the dependent children of victims of domestic violence pursuant to the Illinois
Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the
person battered is within 500 feet of such a building or other structure while
going to or from such a building or other structure. "Domestic
violence" has the meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure used to
provide shelter" has the meaning ascribed to "shelter" in
Section 1 of the Domestic Violence Shelters Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local government, or school
district engaged in the performance of his or her authorized duties as such
officer or employee; or
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his or her official
duties, or to prevent the emergency management worker from performing official
duties, or in retaliation for the emergency management worker performing
official duties.
For the purpose of paragraph (14) of subsection (b) of this Section, a
physically handicapped person is a person who suffers from a permanent and
disabling physical characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes him to take, without
his consent or by threat or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any food that contains any
substance or object that is intended to cause physical injury if eaten, commits
aggravated battery.
(d-3) A person commits aggravated battery when he or she knowingly and without
lawful justification shines or flashes a laser gunsight or other laser device
that is attached or affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of another.
(d-5) An inmate of a penal institution or a sexually dangerous person or a
sexually violent person in the custody of the Department of Human Services who
causes or attempts to cause a correctional employee of the penal institution or
an employee of the Department of Human Services to come into contact with
blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that
fluid or material commits aggravated battery. For purposes of this subsection
(d-5), "correctional employee" means a person who is employed by a
penal institution.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2)
and (3), aggravated battery is a Class 3 felony.
(2) Aggravated battery that does not cause great
bodily harm or permanent disability or disfigurement is a Class 2 felony when
the person knows the individual harmed to be a peace officer, a community
policing volunteer, a correctional institution employee, an employee of the
Department of Human Services supervising or controlling sexually dangerous
persons or sexually violent persons, or a fireman while such officer,
volunteer, employee, or fireman is engaged in the execution of any official
duties including arrest or attempted arrest, or to prevent the officer,
volunteer, employee, or fireman from performing official duties, or in
retaliation for the officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by the discharge of a
firearm.
(3) Aggravated battery that causes great bodily harm
or permanent disability or disfigurement in violation of subsection (a) is a
Class 1 felony when the person knows the individual harmed to be a peace
officer, a community policing volunteer, a correctional institution employee,
an employee of the Department of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons, or a fireman while such officer,
volunteer, employee, or fireman is engaged in the execution of any official
duties including arrest or attempted arrest, or to prevent the officer,
volunteer, employee, or fireman from performing official duties, or in
retaliation for the officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by the discharge of a
firearm.
(Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, eff. 7-26-05;
94-363, eff. 7-29-05; 94-482, eff. 1-1-06; 95-331, eff. 8-21-07.)
(Text of Section from P.A. 95-429)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or knowingly causes
great bodily harm, or permanent disability or disfigurement commits aggravated
battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge
of a firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or other employee is upon
the grounds of a school or grounds adjacent thereto, or is in any part of a building
used for school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the execution of any
official duties, or to prevent the volunteer from performing official duties,
or in retaliation for the volunteer performing official duties, and the battery
is committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical
assistance, first aid personnel, or hospital personnel engaged in the
performance of any of his or her official duties, or to prevent the emergency
medical technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, other medical
assistance, first aid personnel, or hospital personnel from performing official
duties, or in retaliation for performing official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of accommodation or amusement;
(8.5) Is, or the person battered is, on a publicly or
privately owned sports or entertainment arena, stadium, community or convention
hall, special event center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional sporting event,
National Collegiate Athletic Association (NCAA)-sanctioned sporting event,
United States Olympic Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire and the
individual assaulted is then performing in such capacity or then using such
public transportation as a passenger or using any area of any description
designated by the transportation facility or system as a vehicle boarding,
departure, or transfer location;
(10) Knows the individual harmed to be an individual
of 60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's performance of his or
her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who
is physically handicapped;
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains the person for an
alleged commission of retail theft under Section 16A-5 of this Code. In this
item (15), "merchant" has the meaning ascribed to it in Section 16A-2.4
of this Code;
(16) Is, or the person battered is, in any building
or other structure used to provide shelter or other services to victims or to
the dependent children of victims of domestic violence pursuant to the Illinois
Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the
person battered is within 500 feet of such a building or other structure while
going to or from such a building or other structure. "Domestic
violence" has the meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure used to
provide shelter" has the meaning ascribed to "shelter" in
Section 1 of the Domestic Violence Shelters Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local government, or school
district engaged in the performance of his or her authorized duties as such
officer or employee;
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his or her official
duties, or to prevent the emergency management worker from performing official
duties, or in retaliation for the emergency management worker performing
official duties; or
(20) Knows the individual harmed to be a utility
worker, while the utility worker is engaged in the execution of his or her
duties, or to prevent the utility worker from performing his or her duties, or
in retaliation for the utility worker performing his or her duties. In this
paragraph (20), "utility worker" means a person employed by a public
utility as defined in Section 3-105 of the Public Utilities Act and also
includes an employee of a municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative as defined in
Section 3-119 of the Public Utilities Act, an independent contractor or an
employee of an independent contractor working on behalf of a cable television
company, public utility, municipally owned utility, or an electric cooperative,
or an employee of a telecommunications carrier as defined in Section 13-202 of
the Public Utilities Act, an independent contractor or an employee of an
independent contractor working on behalf of a telecommunications carrier, or an
employee of a telephone or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent contractor or an employee
of an independent contractor working on behalf of a telephone or
telecommunications cooperative.
For the purpose of paragraph (14) of subsection (b) of this Section, a
physically handicapped person is a person who suffers from a permanent and
disabling physical characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes him to take, without
his consent or by threat or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any food that contains any
substance or object that is intended to cause physical injury if eaten, commits
aggravated battery.
(d-3) A person commits aggravated battery when he or she knowingly and without
lawful justification shines or flashes a laser gunsight or other laser device
that is attached or affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of another.
(d-5) An inmate of a penal institution or a sexually dangerous person or a
sexually violent person in the custody of the Department of Human Services who
causes or attempts to cause a correctional employee of the penal institution or
an employee of the Department of Human Services to come into contact with
blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that
fluid or material commits aggravated battery. For purposes of this subsection
(d-5), "correctional employee" means a person who is employed by a
penal institution.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2)
and (3), aggravated battery is a Class 3 felony.
(2) Aggravated battery that does not cause great
bodily harm or permanent disability or disfigurement is a Class 2 felony when
the person knows the individual harmed to be a peace officer, a community
policing volunteer, a correctional institution employee, an employee of the
Department of Human Services supervising or controlling sexually dangerous
persons or sexually violent persons, or a fireman while such officer,
volunteer, employee, or fireman is engaged in the execution of any official
duties including arrest or attempted arrest, or to prevent the officer,
volunteer, employee, or fireman from performing official duties, or in retaliation
for the officer, volunteer, employee, or fireman performing official duties,
and the battery is committed other than by the discharge of a firearm.
(3) Aggravated battery that causes great bodily harm
or permanent disability or disfigurement in violation of subsection (a) is a
Class 1 felony when the person knows the individual harmed to be a peace
officer, a community policing volunteer, a correctional institution employee,
an employee of the Department of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons, or a fireman while such officer,
volunteer, employee, or fireman is engaged in the execution of any official
duties including arrest or attempted arrest, or to prevent the officer,
volunteer, employee, or fireman from performing official duties, or in
retaliation for the officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by the discharge of a
firearm.
(Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, eff. 7-26-05;
94-363, eff. 7-29-05; 94-482, eff. 1-1-06; 95-429, eff. 1-1-08.)
(720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
Sec. 12-4.1. Heinous Battery.
(a) A person who, in committing a battery, knowingly causes severe and permanent
disability, great bodily harm or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological or chemical
contaminant or agent, a radioactive substance, or a bomb or explosive compound
commits heinous battery.
(b) Sentence. Heinous battery is a Class X felony for which a person shall be
sentenced to a term of imprisonment of no less than 6 years and no more than 45
years.
(Source: P.A. 91-121, eff. 7-15-99.)
(720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
Sec. 12-4.2. Aggravated Battery with a firearm.
(a) A person commits aggravated battery with a firearm when he, in committing a
battery, knowingly or intentionally by means of the discharging of a firearm
(1) causes any injury to another person, or (2) causes any injury to a person
he knows to be a peace officer, a private security officer, a community
policing volunteer, a correctional institution employee or a fireman while the
officer, volunteer, employee or fireman is engaged in the execution of any of
his official duties, or to prevent the officer, volunteer, employee or fireman
from performing his official duties, or in retaliation for the officer,
volunteer, employee or fireman performing his official duties, or (3) causes
any injury to a person he knows to be an emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel, employed by a municipality or other governmental unit, while the
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel is engaged in the execution of
any of his official duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel performing his official duties,
(4) causes any injury to a person he or she knows to be a teacher or other
person employed in a school and the teacher or other employee is upon grounds
of a school or grounds adjacent to a school, or is in any part of a building
used for school purposes, or (5) causes any injury to a person he or she knows
to be an emergency management worker while the emergency management worker is
engaged in the execution of any of his or her official duties, or to prevent
the emergency management worker from performing his or her official duties, or
in retaliation for the emergency management worker performing his or her
official duties.
(b) A violation of subsection (a)(1) of this Section is a Class X felony. A
violation of subsection (a)(2), subsection (a)(3), subsection (a)(4), or
subsection (a)(5) of this Section is a Class X felony for which the sentence
shall be a term of imprisonment of no less than 15 years and no more than 60
years.
(c) For purposes of this Section:
"Firearm" is defined as in the Firearm Owners
Identification Card Act.
"Private security officer" means a registered
employee of a private security contractor agency under the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 95-236, eff. 1-1-08.)
(720 ILCS 5/12-4.2-5)
Sec. 12-4.2-5. Aggravated battery with a machine gun or a firearm equipped with
any device or attachment designed or used for silencing the report of a
firearm.
(a) A person commits aggravated battery with a machine gun or a firearm
equipped with a device designed or used for silencing the report of a firearm
when he or she, in committing a battery, knowingly or intentionally by means of
the discharging of a machine gun or a firearm equipped with a device designed
or used for silencing the report of a firearm (1) causes any injury to another
person, or (2) causes any injury to a person he or she knows to be a peace
officer, a private security officer, a person summoned by a peace officer, a
correctional institution employee or a fireman while the officer, employee or
fireman is engaged in the execution of any of his or her official duties, or to
prevent the officer, employee or fireman from performing his or her official
duties, or in retaliation for the officer, employee or fireman performing his
or her official duties, or (3) causes any injury to a person he or she knows to
be an emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel, employed by a municipality or
other governmental unit, while the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or first aid personnel
is engaged in the execution of any of his or her official duties, or to prevent
the emergency medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel from performing his or her
official duties, or in retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical assistance or first
aid personnel performing his or her official duties, or (4) causes any injury
to a person he or she knows to be an emergency management worker while the
emergency management worker is engaged in the execution of any of his or her
official duties, or to prevent the emergency management worker from performing
his or her official duties, or in retaliation for the emergency management
worker performing his or her official duties.
(b) A violation of subsection (a)(1) of this Section is a Class X felony for
which the person shall be sentenced to a term of imprisonment of no less than
12 years and no more than 45 years. A violation of subsection (a)(2), subsection
(a)(3), or subsection (a)(4) of this Section is a Class X felony for which the
sentence shall be a term of imprisonment of no less than 20 years and no more
than 60 years.
(c) For purposes of this Section, "firearm" is defined as in the
Firearm Owners Identification Card Act.
(d) For purposes of this Section:
"Machine gun" has the meaning ascribed to it in
clause (i) of paragraph (7) of subsection (a) of Section 24-1 of this Code.
"Private security officer" means a registered
employee of a private security contractor agency under the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 95-236, eff. 1-1-08.)
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who intentionally or knowingly,
and without legal justification and by any means, causes great bodily harm or
permanent disability or disfigurement to any child under the age of 13 years or
to any severely or profoundly mentally retarded person, commits the offense of
aggravated battery of a child.
(b) Aggravated battery of a child is a Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of imprisonment imposed by
the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately caused great bodily
harm, permanent disability, permanent disfigurement, or death to another
person, 25 years or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
(720 ILCS 5/12-4.4) (from Ch. 38, par. 12-4.4)
Sec. 12-4.4. Aggravated battery of an unborn child. (a) A person who, in
committing battery of an unborn child, intentionally or knowingly causes great
bodily harm, or permanent disability or disfigurement commits aggravated
battery of an unborn child.
(b) Sentence. Aggravated battery of an unborn child is a Class 2 felony.
(Source: P.A. 84-1414.)
(720 ILCS 5/12-4.5) (from Ch. 38, par. 12-4.5)
Sec. 12-4.5. Tampering with food, drugs or cosmetics. (a) Any person who
knowingly puts any substance capable of causing death or great bodily harm to a
human being into any food, drug or cosmetic offered for sale or consumption
commits the offense of tampering with food, drugs or cosmetics.
(b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony.
(Source: P.A. 84-1428; 84-1438.)
(720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
Sec. 12-4.6. Aggravated Battery of a Senior Citizen. (a) A person who, in
committing battery, intentionally or knowingly causes great bodily harm or
permanent disability or disfigurement to an individual of 60 years of age or
older commits aggravated battery of a senior citizen.
(b) Sentence. Aggravated battery of a senior citizen is a Class 2 felony.
(Source: P.A. 85-1177.)
(720 ILCS 5/12-4.7) (from Ch. 38, par. 12-4.7)
Sec. 12-4.7. Drug induced infliction of great bodily harm.
(a) Any person who violates Section 401 of the Illinois Controlled Substances
Act by unlawfully delivering a controlled substance to another commits the
offense of drug induced infliction of great bodily harm if any person
experiences great bodily harm or permanent disability as a result of the
injection, inhalation or ingestion of any amount of that controlled substance.
(b) Drug induced infliction of great bodily harm is a Class 1 felony.
(Source: P.A. 92-256, eff. 1-1-02.)
(720 ILCS 5/12-4.8)
Sec. 12-4.8. Infected domestic animals. A person who knowingly and willfully
brings or causes to be brought into this State sheep or other domestic animals
infected with contagious disease, or who knowingly and willfully suffers or
permits sheep or other domestic animals infected with contagious disease to run
at large, is guilty of a petty offense and is liable in a civil action for all
damages occasioned by that conduct.
(Source: P.A. 89-234, eff. 1-1-96.)
(720 ILCS 5/12-4.9)
Sec. 12-4.9. Drug induced infliction of aggravated battery to a child athlete.
(a) Any person who distributes to or encourages the ingestion of a drug by a
person under the age of 18 with the intent that the person under the age of 18
ingest the drug for the purpose of a quick weight gain or loss in connection
with participation in athletics is guilty of the offense of drug induced
infliction of aggravated battery of a child athlete. This Section does not
apply to care under usual and customary standards of medical practice by a
physician licensed to practice medicine in all its branches nor to the sale of
drugs or products by a retail merchant.
(b) Drug induced infliction of aggravated battery to a child athlete is a Class
A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 89-632, eff. 1-1-97.)
(720 ILCS 5/12-4.10)
Sec. 12-4.10. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)
(720 ILCS 5/12-4.11)
Sec. 12-4.11. (Repealed).
(Source: P.A. 93-340, eff. 7-24-03. Repealed by P.A. 94-556, eff. 9-11-05.)
(720 ILCS 5/12-4.12)
Sec. 12-4.12. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)
(720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
Sec. 12-5. Reckless conduct.
(a) A person who causes bodily harm to or endangers the bodily safety of an
individual by any means, commits reckless conduct if he or she performs
recklessly the acts that cause the harm or endanger safety, whether they
otherwise are lawful or unlawful.
(a-5) A person who causes great bodily harm or permanent disability or
disfigurement by any means, commits reckless conduct if he or she performs
recklessly the acts that cause the harm, whether they otherwise are lawful or
unlawful.
(b) Sentence.
Reckless conduct under subsection (a) is a Class A misdemeanor. Reckless
conduct under subsection (a-5) is a Class 4 felony.
(Source: P.A. 93-710, eff. 1-1-05.)
(720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
Sec. 12-5.1. Criminal housing management. (a) A person commits the offense of
criminal housing management when, having personal management or control of
residential real estate, whether as a legal or equitable owner or as a managing
agent or otherwise, he recklessly permits the physical condition or facilities
of the residential real estate to become or remain in any condition which
endangers the health or safety of any person.
(b) Sentence.
Criminal housing management is a Class A misdemeanor. A subsequent conviction
for a violation of subsection (a) is a Class 4 felony.
(Source: P.A. 85-341.)
(720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
Sec. 12-5.2. Injunction.
(a) In addition to any other remedies, the State's Attorney of the county where
the residential property which endangers the health or safety of any person
exists is authorized to file a complaint and apply to the circuit court for a
temporary restraining order, and such circuit court shall upon hearing grant a
temporary restraining order or a preliminary or permanent injunction, without
bond, restraining any person who owns, manages, or has any equitable interest
in the property, from collecting, receiving or benefiting from any rents or
other monies available from the property, so long as the property remains in a
condition which endangers the health or safety of any person.
(b) The court may order any rents or other monies owed to be paid into an
escrow account. The funds are to be paid out of the escrow account only to
satisfy the reasonable cost of necessary repairs of the property which had been
incurred or will be incurred in ameliorating the condition of the property as
described in subsection (a), payment of delinquent real estate taxes on the
property or payment of other legal debts relating to the property. The court
may order that funds remain in escrow for a reasonable time after the
completion of all necessary repairs to assure continued upkeep of the property
and satisfaction of other outstanding legal debts of the property.
(c) The owner shall be responsible for contracting to have necessary repairs
completed and shall be required to submit all bills, together with certificates
of completion, to the manager of the escrow account within 30 days after their
receipt by the owner.
(d) In contracting for any repairs required pursuant to this Section the owner
of the property shall enter into a contract only after receiving bids from at
least 3 independent contractors capable of making the necessary repairs. If the
owner does not contract for the repairs with the lowest bidder, he shall file
an affidavit with the court explaining why the lowest bid was not acceptable.
At no time, under the provisions of this Act, shall the owner contract with
anyone who is not a licensed contractor. The court may order release of those
funds in the escrow account that are in excess of the monies that the court
determines to its satisfaction are needed to correct the condition of the
property as described in subsection (a).
(e) The Clerk of the Circuit Court shall maintain a separate trust account
entitled "Property Improvement Trust Account", which shall serve as
the depository for the escrowed funds prescribed by this Section. The Clerk of
the Court shall be responsible for the receipt, disbursement, monitoring and
maintenance of all funds entrusted to this account, and shall provide to the
court a quarterly accounting of the activities for any property, with funds in
such account, unless the court orders accountings on a more frequent basis.
The Clerk of the Circuit Court shall promulgate rules and procedures to
administer the provisions of this Act.
(f) Nothing in this Section shall in any way be construed to limit or alter any
existing liability incurred, or to be incurred, by the owner or manager except
as expressly provided in this Act. Nor shall anything in this Section be construed
to create any liability on behalf of the Clerk of the Court, the State's
Attorney's office or any other governmental agency involved in this action.
Nor shall anything in this Section be construed to authorize tenants to refrain
from paying rent.
(g) Costs. As part of the costs of an action under this Section, the court
shall assess a reasonable fee against the defendant to be paid to the Clerk of
the Court. This amount is to be used solely for the maintenance of the Property
Improvement Trust Account. No money obtained directly or indirectly from the
property subject to the case may be used to satisfy this cost.
(h) The municipal building department or other entity responsible for
inspection of property and the enforcement of such local requirements shall,
within 5 business days of a request by the State's Attorney, provide all
documents requested, which shall include, but not be limited to, all records of
inspections, permits and other information relating to any property.
(Source: P.A. 88-240.)
(720 ILCS 5/12-5.5)
Sec. 12-5.5. Common carriers; gross neglect. Whoever, having personal
management or control of or over a steamboat or other public conveyance used
for the common carriage of persons, is guilty of gross carelessness or neglect
in, or in relation to, the conduct, management, or control of the steamboat or
other public conveyance, while being so used for the common carriage of
persons, in which the safety of any person is endangered is guilty of a Class 4
felony.
(Source: P.A. 89-234, eff. 1-1-96.)
(720 ILCS 5/12-5.15)
Sec. 12-5.15. Aggravated criminal housing management. (a) A person commits the
offense of aggravated criminal housing management when he or she commits the
offense of criminal housing management; and:
(1) the condition endangering the health or safety of
a person is determined to be a contributing factor in the death of that person;
and
(2) the person also conceals or attempts to conceal
the condition that endangered the health or safety of the person that is found
to be a contributing factor in that death.
(b) Sentence. Aggravated criminal housing management is a Class 4 felony.
(Source: P.A. 93-852, eff. 8-2-04.)
(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform
or to omit the performance of any act, he communicates to another, whether in
person, by telephone or by mail, a threat to perform without lawful authority
any of the following acts:
(1) Inflict physical harm on the person threatened
or any other person or on property; or
(2) Subject any person to physical confinement or
restraint; or
(3) Commit any criminal offense; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or
ridicule; or
(6) Take action as a public official against anyone
or anything, or withhold official action, or cause such action or withholding;
or
(7) Bring about or continue a strike, boycott or
other collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to a
term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
Sec. 12-6.1. Compelling organization membership of persons. A person who
expressly or impliedly threatens to do bodily harm or does bodily harm to an
individual or to that individual's family or uses any other criminally unlawful
means to solicit or cause any person to join, or deter any person from leaving,
any organization or association regardless of the nature of such organization
or association, is guilty of a Class 2 felony.
Any person of the age of 18 years or older who expressly or impliedly threatens
to do bodily harm or does bodily harm to a person under 18 years of age or uses
any other criminally unlawful means to solicit or cause any person under 18
years of age to join, or deter any person under 18 years of age from leaving,
any organization or association regardless of the nature of such organization
or association is guilty of a Class 1 felony.
A person convicted of an offense under this Section shall not be eligible to
receive a sentence of probation, conditional discharge, or periodic
imprisonment.
(Source: P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/12-6.2)
Sec. 12-6.2. Aggravated intimidation.
(a) A person commits the offense of aggravated intimidation when he or she
commits the offense of intimidation and:
(1) the person committed the offense in furtherance
of the activities of an organized gang or by the person's membership in or
allegiance to an organized gang; or
(2) the offense is committed with the intent to
prevent any person from becoming a community policing volunteer; or
(3) the following conditions are met:
(A) the person knew that the victim was: (i) a
peace officer, (ii) a correctional institution employee, (iii) a fireman; or
(iv) a community policing volunteer; and
(B) the offense was committed: (i) while the
victim was engaged in the execution of his or her official duties; or (ii) to
prevent the victim from performing his or her official duties; (iii) in
retaliation for the victim's performance of his or her official duties; or (iv)
by reason of any person's activity as a community policing volunteer.
(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is a Class
1 felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is a
Class 2 felony for which the offender may be sentenced to a term of imprisonment
of not less than 3 years nor more than 14 years.
(c) For the purposes of this Section, "streetgang", "streetgang
member", and "organized gang" have the meanings ascribed to them
in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 89-631, eff. 1-1-97; 90-651, eff. 1-1-99; 90-655, eff. 7-30-98.)
(720 ILCS 5/12-6.3)
Sec. 12-6.3. Interfering with the reporting of domestic violence.
(a) A person commits the offense of interfering with the reporting of domestic
violence when, after having committed an act of domestic violence, he or she
prevents or attempts to prevent the victim of or a witness to the act of
domestic violence from calling a 9-1-1 emergency telephone system, obtaining
medical assistance, or making a report to any law enforcement official.
(b) For the purposes of this Section, the following terms shall have the
indicated meanings:
(1) "Domestic violence" shall have the meaning
ascribed to it in Section 112A-3 of the Code of Criminal Procedure of 1963.
(2) "Family or household members" shall have the
meaning ascribed to it in Section 112A-3 of the Code of Criminal Procedure of
1963.
(c) Sentence. Interfering with the reporting of domestic violence is a Class A
misdemeanor.
(Source: P.A. 90-118, eff. 1-1-98.)
(720 ILCS 5/12-6.4)
Sec. 12-6.4. Criminal street gang recruitment on school grounds or public
property adjacent to school grounds.
(a) A person commits the offense of criminal street gang recruitment on school
grounds or public property adjacent to school grounds when on school grounds or
public property adjacent to school grounds, he or she threatens the use of
physical force to coerce, solicit, recruit, or induce another person to join or
remain a member of a criminal street gang, or conspires to do so.
(b) Sentence. Criminal street gang recruitment on school grounds or public
property adjacent to school grounds is a Class 1 felony.
(c) In this Section, "criminal street gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act
and "school grounds" means the building or buildings or real property
comprising a public or private elementary or secondary school, community
college, college, or university and includes a school yard, school playing
field, or school playground.
(Source: P.A. 93-938, eff. 1-1-05.)
(720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
Sec. 12-7. Compelling confession or information by force or threat.
(a) A person who, with intent to obtain a confession, statement or information
regarding any offense, knowingly inflicts or threatens imminent bodily harm
upon the person threatened or upon any other person commits the offense of
compelling a confession or information by force or threat.
(b) Sentence.
Compelling a confession or information is a: (1) Class 4 felony if the
defendant threatens imminent bodily harm to obtain a confession, statement, or
information but does not inflict bodily harm on the victim, (2) Class 3 felony
if the defendant inflicts bodily harm on the victim to obtain a confession,
statement, or information, and (3) Class 2 felony if the defendant inflicts
great bodily harm to obtain a confession, statement, or information.
(Source: P.A. 94-1113, eff. 1-1-08.)
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the actual or perceived
race, color, creed, religion, ancestry, gender, sexual orientation, physical or
mental disability, or national origin of another individual or group of
individuals, regardless of the existence of any other motivating factor or
factors, he commits assault, battery, aggravated assault, misdemeanor theft,
criminal trespass to residence, misdemeanor criminal damage to property,
criminal trespass to vehicle, criminal trespass to real property, mob action or
disorderly conduct as these crimes are defined in Sections 12-1, 12-2, 12-3, 16-1,
19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this Code, respectively, or
harassment by telephone as defined in Section 1-1 of the Harassing and Obscene
Communications Act, or harassment through electronic communications as defined
in clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and Obscene
Communications Act.
(b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for
a first offense and a Class 2 felony for a second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony
for a second or subsequent offense if committed:
(1) in a church, synagogue, mosque, or other
building, structure, or place used for religious worship or other religious
purpose;
(2) in a cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private dormitory facility of
or associated with the school or other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection (b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1) through (4) of this
subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court shall also either order
restitution paid to the victim or impose a fine up to $1,000. In addition, any
order of probation or conditional discharge entered following a conviction or
an adjudication of delinquency shall include a condition that the offender
perform public or community service of no less than 200 hours if that service
is established in the county where the offender was convicted of hate crime.
The court may also impose any other condition of probation or conditional discharge
under this Section.
(c) Independent of any criminal prosecution or the result thereof, any person
suffering injury to his person or damage to his property as a result of hate
crime may bring a civil action for damages, injunction or other appropriate
relief. The court may award actual damages, including damages for emotional
distress, or punitive damages. A judgment may include attorney's fees and
costs. The parents or legal guardians, other than guardians appointed pursuant
to the Juvenile Court Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for the amount of any judgment for actual
damages rendered against such minor under this subsection (c) in any amount not
exceeding the amount provided under Section 5 of the Parental Responsibility
Law.
(d) "Sexual orientation" means heterosexuality, homosexuality, or
bisexuality.
(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80, eff. 6-27-05.)
(720 ILCS 5/12-7.2) (from Ch. 38, par. 12-7.2)
Sec. 12-7.2. Educational intimidation. (a) A person commits educational
intimidation when he knowingly interferes with the right of any child who is or
is believed to be afflicted with a chronic infectious disease to attend or
participate in the activities of an elementary or secondary school in this
State:
(1) by actual or threatened physical harm to the person or property of the
child or the child's family; or
(2) by impeding or obstructing the child's right of ingress to, egress from, or
freedom of movement at school facilities or activities; or
(3) by exposing or threatening to expose the child, or the family or friends of
the child, to public hatred, contempt or ridicule.
(b) Subsection (a) does not apply to the actions of school officials or the
school's infectious disease review team who are acting within the course of
their professional duties and in accordance with applicable law.
(c) Educational intimidation is a Class C misdemeanor, except that a second or
subsequent offense shall be a Class A misdemeanor.
(d) Independent of any criminal prosecution or the result thereof, any person
suffering injury to his person or damage to his property as a result of
educational intimidation may bring a civil action for damages, injunction or
other appropriate relief. The court may award actual damages, including damages
for emotional distress, or punitive damages. A judgment may include attorney's
fees and costs. The parents or legal guardians of an unemancipated minor, other
than guardians appointed pursuant to the Juvenile Court Act or the Juvenile
Court Act of 1987, shall be liable for the amount of any judgment for actual
damages awarded against such minor under this subsection (d) in any amount not
exceeding the amount provided under Section of the Parental Responsibility Law.
(Source: P.A. 86-890.)
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she, knowingly and without lawful
justification, on at least 2 separate occasions follows another person or places
the person under surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement or restraint and the threat is
directed towards that person or a family member of that person; or
(2) places that person in reasonable apprehension of
immediate or future bodily harm, sexual assault, confinement or restraint; or
(3) places that person in reasonable apprehension
that a family member will receive immediate or future bodily harm, sexual
assault, confinement, or restraint.
(a-5) A person commits stalking when he or she has previously been convicted of
stalking another person and knowingly and without lawful justification on one
occasion:
(1) follows that same person or places that same
person under surveillance; and
(2) transmits a threat of immediate or future bodily
harm, sexual assault, confinement or restraint; and
(3) the threat is directed towards that person or a
family member of that person.
(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction
for stalking is a Class 3 felony.
(b-5) The incarceration of a person in a penal institution who transmits a
threat is not a bar to prosecution under this Section.
(c) Exemption. This Section does not apply to picketing occurring at the
workplace that is otherwise lawful and arises out of a bona fide labor dispute,
or any exercise of the right of free speech or assembly that is otherwise
lawful.
(d) For the purpose of this Section, a defendant "places a person under
surveillance" by: (1) remaining present outside the person's school, place
of employment, vehicle, other place occupied by the person, or residence other
than the residence of the defendant; or (2) placing an electronic tracking device
on the person or the person's property.
(e) For the purpose of this Section, "follows another person" means
(i) to move in relative proximity to a person as that person moves from place
to place or (ii) to remain in relative proximity to a person who is stationary
or whose movements are confined to a small area. "Follows another
person" does not include a following within the residence of the
defendant.
(f) For the purposes of this Section and Section 12-7.4, "bona fide labor
dispute" means any controversy concerning wages, salaries, hours, working
conditions, or benefits, including health and welfare, sick leave, insurance,
and pension or retirement provisions, the making or maintaining of collective
bargaining agreements, and the terms to be included in those agreements.
(g) For the purposes of this Section, "transmits a threat" means a
verbal or written threat or a threat implied by a pattern of conduct or a
combination of verbal or written statements or conduct.
(h) For the purposes of this Section, "family member" means a parent,
grandparent, brother, sister, or child, whether by whole blood, half-blood, or
adoption and includes a step-grandparent, step-parent, step-brother, step-sister
or step-child. "Family member" also means any other person who
regularly resides in the household, or who, within the prior 6 months,
regularly resided in the household.
(Source: P.A. 95-33, eff. 1-1-08.)
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
Sec. 12-7.4. Aggravated stalking.
(a) A person commits aggravated stalking when he or she, in conjunction with
committing the offense of stalking, also does any of the following:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order
of protection, or an injunction prohibiting the behavior described in
subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.
(b) Sentence. Aggravated stalking is a Class 3 felony. A second or subsequent
conviction for aggravated stalking is a Class 2 felony.
(c) Exemption. This Section does not apply to picketing occurring at the
workplace that is otherwise lawful and arises out of a bona fide labor dispute,
or any exercise of the right of free speech or assembly that is otherwise
lawful.
(d) For purposes of this Section, "bona fide labor dispute" has the
meaning ascribed to it in Section 12-7.3.
(Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff. 8-18-95.)
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she, knowingly and without lawful
justification, on at least 2 separate occasions, harasses another person
through the use of electronic communication and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement, or restraint and the threat is
directed towards that person or a family member of that person, or
(2) places that person or a family member of that
person in reasonable apprehension of immediate or future bodily harm, sexual
assault, confinement, or restraint.
(b) As used in this Section:
"Harass" means to engage in a knowing and willful course of conduct
directed at a specific person that alarms, torments, or terrorizes that person.
"Electronic communication" means any transfer of signs, signals,
writings, sounds, data, or intelligence of any nature transmitted in whole or
in part by a wire, radio, electronmagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions by a
computer through the Internet to another computer.
(c) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent
conviction for cyberstalking is a Class 3 felony.
(Source: P.A. 92-199, eff. 8-1-01.)
(720 ILCS 5/12-7.6)
Sec. 12-7.6. Cross burning.
(a) A person commits the offense of cross burning who, with the intent to
intimidate any other person or group of persons, burns or causes to be burned a
cross.
(b) Sentence. Cross burning is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense.
(c) For the purposes of this Section, a person acts with the "intent to
intimidate" when he or she intentionally places or attempts to place
another person in fear of physical injury or fear of damage to that other person's
property.
(Source: P.A. 93-764, eff. 1-1-05.)
(720 ILCS 5/12-8) (from Ch. 38, par. 12-8)
Sec. 12-8. (Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 89-657, eff. 8-14-96.)
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
(Text of Section before amendment by P.A. 95-466)
Sec. 12-9. Threatening public officials.
(a) A person commits the offense of threatening a public official when:
(1) that person knowingly and willfully delivers or
conveys, directly or indirectly, to a public official by any means a
communication:
(i) containing a threat that would place the
public official or a member of his or her immediate family in reasonable
apprehension of immediate or future bodily harm, sexual assault, confinement,
or restraint; or
(ii) containing a threat that would place the
public official or a member of his or her immediate family in reasonable
apprehension that damage will occur to property in the custody, care, or
control of the public official or his or her immediate family; and
(2) the threat was conveyed because of the
performance or nonperformance of some public duty, because of hostility of the
person making the threat toward the status or position of the public official,
or because of any other factor related to the official's public existence.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected
to office in accordance with a statute or who is appointed to an office which
is established, and the qualifications and duties of which are prescribed, by
statute, to discharge a public duty for the State or any of its political
subdivisions or in the case of an elective office any person who has filed the
required documents for nomination or election to such office. "Public
official" includes a duly appointed assistant State's Attorney.
(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official is a Class 3 felony for a first offense and a
Class 2 felony for a second or subsequent offense.
(Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16, eff. 6-28-01.)
(Text of Section after amendment by P.A. 95-466)
Sec. 12-9. Threatening public officials.
(a) A person commits the offense of threatening a public official when:
(1) that person knowingly and willfully delivers or
conveys, directly or indirectly, to a public official by any means a
communication:
(i) containing a threat that would place the
public official or a member of his or her immediate family in reasonable
apprehension of immediate or future bodily harm, sexual assault, confinement,
or restraint; or
(ii) containing a threat that would place the
public official or a member of his or her immediate family in reasonable
apprehension that damage will occur to property in the custody, care, or
control of the public official or his or her immediate family; and
(2) the threat was conveyed because of the
performance or nonperformance of some public duty, because of hostility of the
person making the threat toward the status or position of the public official,
or because of any other factor related to the official's public existence.
(a-5) For purposes of a threat to a sworn law enforcement officer, the threat
must contain specific facts indicative of a unique threat to the person, family
or property of the officer and not a generalized threat of harm.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected
to office in accordance with a statute or who is appointed to an office which
is established, and the qualifications and duties of which are prescribed, by
statute, to discharge a public duty for the State or any of its political
subdivisions or in the case of an elective office any person who has filed the
required documents for nomination or election to such office. "Public
official" includes a duly appointed assistant State's Attorney and a sworn
law enforcement or peace officer.
(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official is a Class 3 felony for a first offense and a
Class 2 felony for a second or subsequent offense.
(Source: P.A. 95-466, eff. 6-1-08.)
(720 ILCS 5/12-10) (from Ch. 38, par. 12-10)
Sec. 12-10. Tattooing Body of Minor.
(a) Any person, other than a person licensed to practice medicine in all its
branches, who tattoos or offers to tattoo a person under the age of 18 is
guilty of a Class A misdemeanor.
(b) Any person who is an owner or employed by a business that performs
tattooing, other than a person licensed to practice medicine in all its
branches, may not permit a person under 18 years of age to enter or remain on
the premises where tattooing is being performed unless the person under 18
years of age is accompanied by his or her parent or legal guardian. A violation
of this subsection (b) is a Class A misdemeanor.
(c) As used in this Section, to "tattoo" means to insert pigment
under the surface of the skin of a human being, by pricking with a needle or
otherwise, so as to produce an indelible mark or figure visible through the
skin.
(d) Subsection (a) of this Section does not apply to a person under 18 years of
age who tattoos or offers to tattoo another person under 18 years of age away
from the premises of any business at which tattooing is performed.
(Source: P.A. 94-684, eff. 1-1-06.)
(720 ILCS 5/12-10.1)
Sec. 12-10.1. Piercing the body of a minor.
(a)(1) Any person who pierces the body or oral cavity of
a person under 18 years of age without written consent of a parent or legal
guardian of that person commits the offense of piercing the body of a minor.
Before the oral cavity of a person under 18 years of age may be pierced, the
written consent form signed by the parent or legal guardian must contain a
provision in substantially the following form:
"I understand that the oral piercing of the tongue,
lips, cheeks, or any other area of the oral cavity carries serious risk of
infection or damage to the mouth and teeth, or both infection and damage to
those areas, that could result but is not limited to nerve damage, numbness,
and life threatening blood clots.".
A person who pierces the oral cavity of a person under
18 years of age without obtaining a signed written consent form from a parent
or legal guardian of the person that includes the provision describing the
health risks of body piercing, violates this Section.
(1.5) Any person who is an owner or employed by a
business that performs body piercing may not permit a person under 18 years of
age to enter or remain on the premises where body piercing is being performed
unless the person under 18 years of age is accompanied by his or her parent or
legal guardian.
(2) Sentence. A violation of clause (a)(1) or (a)(1.5) of
this Section is a Class A misdemeanor.
(b) Definition. As used in this Section, to "pierce" means to make a
hole in the body or oral cavity in order to insert or allow the insertion of
any ring, hoop, stud, or other object for the purpose of ornamentation of the
body. "Piercing" does not include tongue splitting as defined in
Section 12-10.2.
(c) Exceptions. This Section may not be construed in any way to prohibit any
injection, incision, acupuncture, or similar medical or dental procedure
performed by a licensed health care professional or other person authorized to
perform that procedure or the presence on the premises where that procedure is
being performed by a health care professional or other person authorized to
perform that procedure of a person under 18 years of age who is not accompanied
by a parent or legal guardian. This Section does not prohibit ear piercing.
This Section does not apply to a minor emancipated under the Juvenile Court Act
of 1987 or the Emancipation of Minors Act or by marriage. This Section does not
apply to a person under 18 years of age who pierces the body or oral cavity of
another person under 18 years of age away from the premises of any business at
which body piercing or oral cavity piercing is performed.
(Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06.)
(720 ILCS 5/12-10.2)
Sec. 12-10.2. Tongue splitting.
(a) In this Section, "tongue splitting" means the cutting of a human
tongue into 2 or more parts.
(b) A person may not perform tongue splitting on another person unless the
person performing the tongue splitting is licensed to practice medicine in all
its branches under the Medical Practice Act of 1987 or licensed under the
Illinois Dental Practice Act.
(c) Sentence. Tongue splitting performed in violation of this Section is a
Class A misdemeanor for a first offense and a Class 4 felony for a second or
subsequent offense.
(Source: P.A. 93-449, eff. 1-1-04.)
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
Sec. 12-11. Home Invasion.
(a) A person who is not a peace officer acting in the line of duty commits home
invasion when without authority he or she knowingly enters the dwelling place
of another when he or she knows or has reason to know that one or more persons
is present or he or she knowingly enters the dwelling place of another and
remains in such dwelling place until he or she knows or has reason to know that
one or more persons is present and
(1) While armed with a dangerous weapon, other than
a firearm, uses force or threatens the imminent use of force upon any person or
persons within such dwelling place whether or not injury occurs, or
(2) Intentionally causes any injury, except as
provided in subsection (a)(5), to any person or persons within such dwelling
place, or
(3) While armed with a firearm uses force or
threatens the imminent use of force upon any person or persons within such
dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of
force upon any person or persons within such dwelling place whether or not
injury occurs and during the commission of the offense personally discharges a
firearm, or
(5) Personally discharges a firearm that proximately
causes great bodily harm, permanent disability, permanent disfigurement, or
death to another person within such dwelling place, or
(6) Commits, against any person or persons within
that dwelling place, a violation of Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
of the Criminal Code of 1961.
(b) It is an affirmative defense to a charge of home invasion that the accused
who knowingly enters the dwelling place of another and remains in such dwelling
place until he or she knows or has reason to know that one or more persons is
present either immediately leaves such premises or surrenders to the person or
persons lawfully present therein without either attempting to cause or causing
serious bodily injury to any person present therein.
(c) Sentence. Home invasion in violation of subsection (a)(1), (a)(2) or (a)(6)
is a Class X felony. A violation of subsection (a)(3) is a Class X felony for
which 15 years shall be added to the term of imprisonment imposed by the court.
A violation of subsection (a)(4) is a Class X felony for which 20 years shall
be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(5) is a Class X felony for which 25 years or up to a term of
natural life shall be added to the term of imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of another"
includes a dwelling place where the defendant maintains a tenancy interest but
from which the defendant has been barred by a divorce decree, judgment of
dissolution of marriage, order of protection, or other court order.
(Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00; 91-928, eff. 6-1-01.)
(720 ILCS 5/12-11.1) (from Ch. 38, par. 12-11.1)
Sec. 12-11.1. Vehicular invasion.
(a) A person commits vehicular invasion who knowingly, by force and without
lawful justification, enters or reaches into the interior of a motor vehicle as
defined in The Illinois Vehicle Code while such motor vehicle is occupied by
another person or persons, with the intent to commit therein a theft or felony.
(b) Sentence. Vehicular invasion is a Class 1 felony.
(Source: P.A. 86-1392.)
(720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
Sec. 12-12. Definitions. For the purposes of Sections 12-13 through 12-18 of
this Code, the terms used in these Sections shall have the following meanings
ascribed to them:
(a) "Accused" means a person accused of an offense prohibited by
Sections 12-13, 12-14, 12-15 or 12-16 of this Code or a person for whose
conduct the accused is legally responsible under Article 5 of this Code.
(b) "Bodily harm" means physical harm, and includes, but is not
limited to, sexually transmitted disease, pregnancy and impotence.
(c) "Family member" means a parent, grandparent, or child, whether by
whole blood, half-blood or adoption and includes a step-grandparent, step-parent
or step-child. "Family member" also means, where the victim is a
child under 18 years of age, an accused who has resided in the household with
such child continuously for at least one year.
(d) "Force or threat of force" means the use of force or violence, or
the threat of force or violence, including but not limited to the following
situations:
(1) when the accused threatens to use force or
violence on the victim or on any other person, and the victim under the
circumstances reasonably believed that the accused had the ability to execute
that threat; or
(2) when the accused has overcome the victim by use
of superior strength or size, physical restraint or physical confinement.
(e) "Sexual conduct" means any intentional or knowing touching or
fondling by the victim or the accused, either directly or through clothing, of
the sex organs, anus or breast of the victim or the accused, or any part of the
body of a child under 13 years of age, or any transfer or transmission of semen
by the accused upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the victim or the accused.
(f) "Sexual penetration" means any contact, however slight, between
the sex organ or anus of one person by an object, the sex organ, mouth or anus
of another person, or any intrusion, however slight, of any part of the body of
one person or of any animal or object into the sex organ or anus of another
person, including but not limited to cunnilingus, fellatio or anal penetration.
Evidence of emission of semen is not required to prove sexual penetration.
(g) "Victim" means a person alleging to have been subjected to an
offense prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this Code.
(Source: P.A. 91-116, eff. 1-1-00.)
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
(Text of Section before amendment by P.A. 95-640)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use
of force or threat of force; or
(2) commits an act of sexual penetration and the
accused knew that the victim was unable to understand the nature of the act or
was unable to give knowing consent; or
(3) commits an act of sexual penetration with a
victim who was under 18 years of age when the act was committed and the accused
was a family member; or
(4) commits an act of sexual penetration with a
victim who was at least 13 years of age but under 18 years of age when the act
was committed and the accused was 17 years of age or over and held a position
of trust, authority or supervision in relation to the victim.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony.
(2) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of criminal sexual assault, or who is
convicted of the offense of criminal sexual assault as defined in paragraph
(a)(1) or (a)(2) after having previously been convicted under the laws of this
State or any other state of an offense that is substantially equivalent to the
offense of criminal sexual assault, commits a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less than 30 years
and not more than 60 years. The commission of the second or subsequent offense
is required to have been after the initial conviction for this paragraph (2) to
apply.
(3) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a child, or who is
convicted of the offense of criminal sexual assault as defined in paragraph
(a)(1) or (a)(2) after having previously been convicted under the laws of this
State or any other state of an offense that is substantially equivalent to the
offense of aggravated criminal sexual assault or the offense of criminal
predatory sexual assault shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (3) to apply.
(4) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) or under any similar statute of this
State or any other state for any offense involving criminal sexual assault that
is substantially equivalent to or more serious than the sexual assault
prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(5) When a person has any such prior conviction, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the charge as
a Class X felony. The fact of such prior conviction is not an element of the
offense and may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(Source: P.A. 90-396, eff. 1-1-98.)
(Text of Section after amendment by P.A. 95-640)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use
of force or threat of force; or
(2) commits an act of sexual penetration and the
accused knew that the victim was unable to understand the nature of the act or
was unable to give knowing consent; or
(3) commits an act of sexual penetration with a
victim who was under 18 years of age when the act was committed and the accused
was a family member; or
(4) commits an act of sexual penetration with a
victim who was at least 13 years of age but under 18 years of age when the act
was committed and the accused was 17 years of age or over and held a position
of trust, authority or supervision in relation to the victim.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony.
(2) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of criminal sexual assault or the
offense of exploitation of a child, or who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having
previously been convicted under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of criminal sexual
assault or to the offense of exploitation of a child, commits a Class X felony
for which the person shall be sentenced to a term of imprisonment of not less
than 30 years and not more than 60 years. The commission of the second or
subsequent offense is required to have been after the initial conviction for
this paragraph (2) to apply.
(3) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a child, or who is
convicted of the offense of criminal sexual assault as defined in paragraph
(a)(1) or (a)(2) after having previously been convicted under the laws of this
State or any other state of an offense that is substantially equivalent to the
offense of aggravated criminal sexual assault or the offense of criminal
predatory sexual assault shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (3) to apply.
(4) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) or under any similar statute of this
State or any other state for any offense involving criminal sexual assault that
is substantially equivalent to or more serious than the sexual assault
prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(5) When a person has any such prior conviction, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the charge as
a Class X felony. The fact of such prior conviction is not an element of the
offense and may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(Source: P.A. 95-640, eff. 6-1-08.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault if he or she commits
criminal sexual assault and any of the following aggravating circumstances
existed during, or for the purposes of paragraph (7) of this subsection (a) as
part of the same course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or
used a dangerous weapon, other than a firearm, or any object fashioned or
utilized in such a manner as to lead the victim under the circumstances
reasonably to believe it to be a dangerous weapon; or
(2) the accused caused bodily harm, except as
provided in subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated
during the course of the commission or attempted commission of any other felony
by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person;
or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to the victim without
his or her consent, or by threat or deception, and for other than medical
purposes, any controlled substance; or
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm
during the commission of the offense; or
(10) the accused, during the commission of the
offense, personally discharged a firearm that proximately caused great bodily
harm, permanent disability, permanent disfigurement, or death to another
person.
(b) The accused commits aggravated criminal sexual assault if the accused was
under 17 years of age and (i) commits an act of sexual penetration with a
victim who was under 9 years of age when the act was committed; or (ii) commits
an act of sexual penetration with a victim who was at least 9 years of age but
under 13 years of age when the act was committed and the accused used force or
threat of force to commit the act.
(c) The accused commits aggravated criminal sexual assault if he or she commits
an act of sexual penetration with a victim who was a severely or profoundly
mentally retarded person at the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation
of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation
of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1)
is a Class X felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection (a)(8) is a Class
X felony for which 15 years shall be added to the term of imprisonment imposed
by the court. A violation of subsection (a)(9) is a Class X felony for which 20
years shall be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(10) is a Class X felony for which 25 years or up to
a term of natural life imprisonment shall be added to the term of imprisonment
imposed by the court.
(2) A person who is convicted of a second or
subsequent offense of aggravated criminal sexual assault, or who is convicted
of the offense of aggravated criminal sexual assault after having previously
been convicted of the offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is convicted of the
offense of aggravated criminal sexual assault after having previously been
convicted under the laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal sexual assault, the offense
of aggravated criminal sexual assault or the offense of predatory criminal
sexual assault of a child, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (2) to apply.
(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, eff. 12-19-01;
92-721, eff. 1-1-03.)
(720 ILCS 5/12-14.1)
(Text of Section before amendment by P.A. 95-640)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed; or
(1.1) the accused was 17 years of age or over and,
while armed with a firearm, commits an act of sexual penetration with a victim
who was under 13 years of age when the act was committed; or
(1.2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed and, during the commission of the offense, the
accused personally discharged a firearm; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused caused great bodily harm to the
victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any other means) to the
victim without his or her consent, or by threat or deception, and for other
than medical purposes, any controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony. A person convicted of a violation of
subsection (a)(1.1) commits a Class X felony for which 15 years shall be added
to the term of imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(1.2) commits a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the court. A person
convicted of a violation of subsection (a)(2) commits a Class X felony for
which the person shall be sentenced to a term of imprisonment of not less than
50 years or up to a term of natural life imprisonment.
(1.1) A person convicted of a violation of
subsection (a)(3) commits a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 50 years and not more than
60 years.
(1.2) A person convicted of predatory criminal
sexual assault of a child committed against 2 or more persons regardless of
whether the offenses occurred as the result of the same act or of several
related or unrelated acts shall be sentenced to a term of natural life
imprisonment.
(2) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault of a child, or who is
convicted of the offense of predatory criminal sexual assault of a child after
having previously been convicted of the offense of criminal sexual assault or
the offense of aggravated criminal sexual assault, or who is convicted of the
offense of predatory criminal sexual assault of a child after having previously
been convicted under the laws of this State or any other state of an offense
that is substantially equivalent to the offense of predatory criminal sexual
assault of a child, the offense of aggravated criminal sexual assault or the
offense of criminal sexual assault, shall be sentenced to a term of natural
life imprisonment. The commission of the second or subsequent offense is
required to have been after the initial conviction for this paragraph (2) to
apply.
(Source: P.A. 91-238, eff. 1-1-00; 91-404, eff. 1-1-00; 92-16, eff. 6-28-01.)
(Text of Section after amendment by P.A. 95-640)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed; or
(1.1) the accused was 17 years of age or over and,
while armed with a firearm, commits an act of sexual penetration with a victim
who was under 13 years of age when the act was committed; or
(1.2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed and, during the commission of the offense, the
accused personally discharged a firearm; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused caused great bodily harm to the
victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any other means) to the
victim without his or her consent, or by threat or deception, and for other
than medical purposes, any controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person shall be sentenced to a
term of imprisonment of not less than 6 years and not more than 60 years. A
person convicted of a violation of subsection (a)(1.1) commits a Class X felony
for which 15 years shall be added to the term of imprisonment imposed by the
court. A person convicted of a violation of subsection (a)(1.2) commits a Class
X felony for which 20 years shall be added to the term of imprisonment imposed
by the court. A person convicted of a violation of subsection (a)(2) commits a
Class X felony for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of natural life
imprisonment.
(1.1) A person convicted of a violation of
subsection (a)(3) commits a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 50 years and not more than
60 years.
(1.2) A person convicted of predatory criminal
sexual assault of a child committed against 2 or more persons regardless of
whether the offenses occurred as the result of the same act or of several
related or unrelated acts shall be sentenced to a term of natural life
imprisonment.
(2) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault of a child, or who is
convicted of the offense of predatory criminal sexual assault of a child after
having previously been convicted of the offense of criminal sexual assault or
the offense of aggravated criminal sexual assault, or who is convicted of the
offense of predatory criminal sexual assault of a child after having previously
been convicted under the laws of this State or any other state of an offense
that is substantially equivalent to the offense of predatory criminal sexual
assault of a child, the offense of aggravated criminal sexual assault or the
offense of criminal sexual assault, shall be sentenced to a term of natural
life imprisonment. The commission of the second or subsequent offense is
required to have been after the initial conviction for this paragraph (2) to
apply.
(Source: P.A. 95-640, eff. 6-1-08.)
(720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
Sec. 12-15. Criminal sexual abuse.
(a) The accused commits criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of
force or threat of force; or
(2) commits an act of sexual conduct and the accused
knew that the victim was unable to understand the nature of the act or was
unable to give knowing consent.
(b) The accused commits criminal sexual abuse if the accused was under 17 years
of age and commits an act of sexual penetration or sexual conduct with a victim
who was at least 9 years of age but under 17 years of age when the act was
committed.
(c) The accused commits criminal sexual abuse if he or she commits an act of
sexual penetration or sexual conduct with a victim who was at least 13 years of
age but under 17 years of age and the accused was less than 5 years older than
the victim.
(d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of
this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of
paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A
second or subsequent conviction for a violation of subsection (a) of this
Section is a Class 2 felony. For purposes of this Section it is a second or
subsequent conviction if the accused has at any time been convicted under this
Section or under any similar statute of this State or any other state for any
offense involving sexual abuse or sexual assault that is substantially
equivalent to or more serious than the sexual abuse prohibited under this
Section.
(Source: P.A. 91-389, eff. 1-1-00.)
(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
Sec. 12-16. Aggravated Criminal Sexual Abuse.
(a) The accused commits aggravated criminal sexual abuse if he or she commits
criminal sexual abuse as defined in subsection (a) of Section 12-15 of this
Code and any of the following aggravating circumstances existed during, or for
the purposes of paragraph (7) of this subsection (a) as part of the same course
of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use or used
a dangerous weapon or any object fashioned or utilized in such a manner as to
lead the victim under the circumstances reasonably to believe it to be a
dangerous weapon; or
(2) the accused caused bodily harm to the victim; or
(3) the victim was 60 years of age or over when the
offense was committed; or
(4) the victim was a physically handicapped person;
or
(5) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other person; or
(6) the criminal sexual abuse was perpetrated during
the course of the commission or attempted commission of any other felony by the
accused; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to the victim without
his or her consent, or by threat or deception, and for other than medical
purposes, any controlled substance.
(b) The accused commits aggravated criminal sexual abuse if he or she commits
an act of sexual conduct with a victim who was under 18 years of age when the
act was committed and the accused was a family member.
(c) The accused commits aggravated criminal sexual abuse if:
(1) the accused was 17 years of age or over and (i)
commits an act of sexual conduct with a victim who was under 13 years of age
when the act was committed; or (ii) commits an act of sexual conduct with a
victim who was at least 13 years of age but under 17 years of age when the act
was committed and the accused used force or threat of force to commit the act;
or
(2) the accused was under 17 years of age and (i)
commits an act of sexual conduct with a victim who was under 9 years of age
when the act was committed; or (ii) commits an act of sexual conduct with a
victim who was at least 9 years of age but under 17 years of age when the act
was committed and the accused used force or threat of force to commit the act.
(d) The accused commits aggravated criminal sexual abuse if he or she commits
an act of sexual penetration or sexual conduct with a victim who was at least
13 years of age but under 17 years of age and the accused was at least 5 years
older than the victim.
(e) The accused commits aggravated criminal sexual abuse if he or she commits
an act of sexual conduct with a victim who was a severely or profoundly
mentally retarded person at the time the act was committed.
(f) The accused commits aggravated criminal sexual abuse if he or she commits
an act of sexual conduct with a victim who was at least 13 years of age but
under 18 years of age when the act was committed and the accused was 17 years
of age or over and held a position of trust, authority or supervision in
relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony.
(Source: P.A. 92-434, eff. 1-1-02.)
(720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
Sec. 12-16.2. Criminal Transmission of HIV. (a) A person commits criminal
transmission of HIV when he or she, knowing that he or she is infected with
HIV:
(1) engages in intimate contact with another;
(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or
other potentially infectious body fluids for transfusion, transplantation,
insemination, or other administration to another; or
(3) dispenses, delivers, exchanges, sells, or in any other way transfers to
another any nonsterile intravenous or intramuscular drug paraphernalia.
(b) For purposes of this Section:
"HIV" means the human immunodeficiency virus or any other identified
causative agent of acquired immunodeficiency syndrome.
"Intimate contact with another" means the exposure of the body of one
person to a bodily fluid of another person in a manner that could result in the
transmission of HIV.
"Intravenous or intramuscular drug paraphernalia" means any
equipment, product, or material of any kind which is peculiar to and marketed
for use in injecting a substance into the human body.
(c) Nothing in this Section shall be construed to require that an infection
with HIV has occurred in order for a person to have committed criminal
transmission of HIV.
(d) It shall be an affirmative defense that the person exposed knew that the
infected person was infected with HIV, knew that the action could result in
infection with HIV, and consented to the action with that knowledge.
(e) A person who commits criminal transmission of HIV commits a Class 2 felony.
(Source: P.A. 86-897.)
(720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
Sec. 12-17. Defenses.
(a) It shall be a defense to any offense under Section 12-13 through 12-16 of
this Code where force or threat of force is an element of the offense that the
victim consented. "Consent" means a freely given agreement to the act
of sexual penetration or sexual conduct in question. Lack of verbal or physical
resistance or submission by the victim resulting from the use of force or
threat of force by the accused shall not constitute consent. The manner of
dress of the victim at the time of the offense shall not constitute consent.
(b) It shall be a defense under subsection (b) and subsection (c) of Section 12-15
and subsection (d) of Section 12-16 of this Code that the accused reasonably believed
the person to be 17 years of age or over.
(c) A person who initially consents to sexual penetration or sexual conduct is
not deemed to have consented to any sexual penetration or sexual conduct that
occurs after he or she withdraws consent during the course of that sexual
penetration or sexual conduct.
(Source: P.A. 93-389, eff. 7-25-03.)
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
Sec. 12-18. General Provisions.
(a) No person accused of violating Sections 12-13, 12-14, 12-15 or 12-16 of
this Code shall be presumed to be incapable of committing an offense prohibited
by Sections 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of age,
physical condition or relationship to the victim, except as otherwise provided
in subsection (c) of this Section. Nothing in this Section shall be construed
to modify or abrogate the affirmative defense of infancy under Section 6-1 of
this Code or the provisions of Section 5-805 of the Juvenile Court Act of 1987.
(b) Any medical examination or procedure which is conducted by a physician,
nurse, medical or hospital personnel, parent, or caretaker for purposes and in
a manner consistent with reasonable medical standards is not an offense under
Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
(c) (Blank).
(d) (Blank).
(e) After a finding at a preliminary hearing that there is probable cause to
believe that an accused has committed a violation of Section 12-13, 12-14, or
12-14.1 of this Code, or after an indictment is returned charging an accused
with a violation of Section 12-13, 12-14, or 12-14.1 of this Code, or after a
finding that a defendant charged with a violation of Section 12-13, 12-14, or
12-14.1 of this Code is unfit to stand trial pursuant to Section 104-16 of the
Code of Criminal Procedure of 1963 where the finding is made prior to
preliminary hearing, at the request of the person who was the victim of the
violation of Section 12-13, 12-14, or 12-14.1, the prosecuting State's attorney
shall seek an order from the court to compel the accused to be tested for any
sexually transmissible disease, including a test for infection with human
immunodeficiency virus (HIV). The medical tests shall be performed only by
appropriately licensed medical practitioners. The test for infection with human
immunodeficiency virus (HIV) shall consist of an enzyme-linked immunosorbent
assay (ELISA) test, or such other test as may be approved by the Illinois
Department of Public Health; in the event of a positive result, the Western
Blot Assay or a more reliable confirmatory test shall be administered. The
results of the tests shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in a sealed
envelope to the victim and to the judge who entered the order, for the judge's
inspection in camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to determine to
whom, if anyone, the result of the testing may be revealed; however, in no case
shall the identity of the victim be disclosed. The court shall order that the
cost of the tests shall be paid by the county, and may be taxed as costs
against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable cause to believe that a
person has been delivered a controlled substance without his or her consent,
the law enforcement officer shall advise the victim about seeking medical
treatment and preserving evidence.
(g) Every hospital providing emergency hospital services to an alleged sexual
assault survivor, when there is reasonable cause to believe that a person has
been delivered a controlled substance without his or her consent, shall
designate personnel to provide:
(1) An explanation to the victim about the nature and
effects of commonly used controlled substances and how such controlled
substances are administered.
(2) An offer to the victim of testing for the
presence of such controlled substances.
(3) A disclosure to the victim that all controlled
substances or alcohol ingested by the victim will be disclosed by the test.
(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample
analysis of all controlled substances and alcohol ingested by the victim.
A physician licensed to practice medicine in all its branches may agree to be a
designated person under this subsection.
No sample analysis may be performed unless the victim returns a signed written
authorization within 30 days after the sample was collected.
Any medical treatment or care under this subsection shall be only in accordance
with the order of a physician licensed to practice medicine in all of its
branches. Any testing under this subsection shall be only in accordance with
the order of a licensed individual authorized to order the testing.
(Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)
(720 ILCS 5/12-18.1) (from Ch. 38, par. 12-18.1)
Sec. 12-18.1. Civil Liability. (a) If any person has been convicted of any
offense defined in Section 12-13, 12-14, 12-15, or 12-16 of this Act, a victim
of such offense has a cause of action for damages against any person or entity
who, by the manufacture, production, or wholesale distribution of any obscene
material which was possessed or viewed by the person convicted of the offense,
proximately caused such person, through his or her reading or viewing of the
obscene material, to commit the violation of Section 12-13, 12-14, 12-15, or 12-16.
No victim may recover in any such action unless he or she proves by a
preponderance of the evidence that: (1) the reading or viewing of the specific
obscene material manufactured, produced, or distributed wholesale by the
defendant proximately caused the person convicted of the violation of Section
12-13, 12-14, 12-15, or 12-16 to commit such violation and (2) the defendant
knew or had reason to know that the manufacture, production, or wholesale
distribution of such material was likely to cause a violation of an offense
substantially of the type enumerated.
(b) The manufacturer, producer or wholesale distributor shall be liable to the
victim for:
(1) actual damages incurred by the victim, including medical costs;
(2) court costs and reasonable attorneys fees;
(3) infliction of emotional distress;
(4) pain and suffering; and
(5) loss of consortium.
(c) Every action under this Section shall be commenced within 3 years after the
conviction of the defendant for a violation of Section 12-13, 12-14, 12-15 or
12-16 of this Code. However, if the victim was under the age of 18 years at the
time of the conviction of the defendant for a violation of Section 12-13, 12-14,
12-15 or 12-16 of this Code, an action under this Section shall be commenced
within 3 years after the victim attains the age of 18 years.
(d) For the purposes of this Section:
(1) "obscene" has the meaning ascribed to it in subsection (b) of
Section 11-20 of this Code;
(2) "wholesale distributor" means any individual, partnership,
corporation, association, or other legal entity which stands between the
manufacturer and the retail seller in purchases, consignments, contracts for
sale or rental of the obscene material;
(3) "producer" means any individual, partnership, corporation,
association, or other legal entity which finances or supervises, to any extent,
the production or making of obscene material;
(4) "manufacturer" means any individual, partnership, corporation,
association, or other legal entity which manufacturers, assembles or produces
obscene material.
(Source: P.A. 86-857.)
(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care Facility Resident.
(a) Any person or any owner or licensee of a long term care facility who abuses
a long term care facility resident is guilty of a Class 3 felony. Any person or
any owner or licensee of a long term care facility who criminally neglects a
long term care facility resident is guilty of a Class 4 felony. A person whose
criminal neglect of a long term care facility resident results in the
resident's death is guilty of a Class 3 felony. However, nothing herein shall
be deemed to apply to a physician licensed to practice medicine in all its
branches or a duly licensed nurse providing care within the scope of his or her
professional judgment and within the accepted standards of care within the
community.
(b) Notwithstanding the penalties in subsections (a) and (c) and in addition
thereto, if a licensee or owner of a long term care facility or his or her
employee has caused neglect of a resident, the licensee or owner is guilty of a
petty offense. An owner or licensee is guilty under this subsection (b) only if
the owner or licensee failed to exercise reasonable care in the hiring,
training, supervising or providing of staff or other related routine
administrative responsibilities.
(c) Notwithstanding the penalties in subsections (a) and (b) and in addition
thereto, if a licensee or owner of a long term care facility or his or her
employee has caused gross neglect of a resident, the licensee or owner is
guilty of a business offense for which a fine of not more than $10,000 may be
imposed. An owner or licensee is guilty under this subsection (c) only if the
owner or licensee failed to exercise reasonable care in the hiring, training,
supervising or providing of staff or other related routine administrative
responsibilities.
(d) For the purpose of this Section:
(1) "Abuse" means intentionally or knowingly causing
any physical or mental injury or committing any sexual offense set forth in
this Code.
(2) "Criminal neglect" means an act whereby a person
recklessly (i) performs acts that cause an elderly person's or person with a
disability's life to be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate, or (ii) fails to perform acts that
he or she knows or reasonably should know are necessary to maintain or preserve
the life or health of an elderly person or person with a disability, and that
failure causes the elderly person's or person with a disability's life to be
endangered, health to be injured, or pre-existing physical or mental condition
to deteriorate, or (iii) abandons an elderly person or person with a
disability.
(3) "Neglect" means negligently failing to provide
adequate medical or personal care or maintenance, which failure results in
physical or mental injury or the deterioration of a physical or mental
condition.
(4) "Resident" means a person residing in a long
term care facility.
(5) "Owner" means the person who owns a long term
care facility as provided under the Nursing Home Care Act or an assisted living
or shared housing establishment under the Assisted Living and Shared Housing
Act.
(6) "Licensee" means the individual or entity
licensed to operate a facility under the Nursing Home Care Act or the Assisted
Living and Shared Housing Act.
(7) "Facility" or "long term care facility" means a
private home, institution, building, residence, or any other place, whether
operated for profit or not, or a county home for the infirm and chronically ill
operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar
institution operated by the State of Illinois or a political subdivision
thereof, which provides, through its ownership or management, personal care,
sheltered care or nursing for 3 or more persons not related to the owner by
blood or marriage. The term also includes skilled nursing facilities and
intermediate care facilities as defined in Title XVIII and Title XIX of the
federal Social Security Act and assisted living establishments and shared
housing establishments licensed under the Assisted Living and Shared Housing
Act.
(e) Nothing contained in this Section shall be deemed to apply to the medical
supervision, regulation or control of the remedial care or treatment of
residents in a facility conducted for those who rely upon treatment by prayer
or spiritual means in accordance with the creed or tenets of any well
recognized church or religious denomination and which is licensed in accordance
with Section 3-803 of the Nursing Home Care Act.
(Source: P.A. 93-301, eff. 1-1-04.)
(720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
Sec. 12-20. Sale of body parts.
(a) Except as provided in subsection (b), any person who knowingly buys or
sells, or offers to buy or sell, a human body or any part of a human body, is
guilty of a Class A misdemeanor for the first conviction and a Class 4 felony
for subsequent convictions.
(b) This Section does not prohibit:
(1) An anatomical gift made in accordance with the
Illinois Anatomical Gift Act.
(2) The removal and use of a human cornea in
accordance with the Illinois Anatomical Gift Act.
(3) Reimbursement of actual expenses incurred by a
living person in donating an organ, tissue or other body part or fluid for
transplantation, implantation, infusion, injection, or other medical or
scientific purpose, including medical costs, loss of income, and travel
expenses.
(4) Payments provided under a plan of insurance or
other health care coverage.
(5) Reimbursement of reasonable costs associated with
the removal, storage or transportation of a human body or part thereof donated
for medical or scientific purposes.
(6) Purchase or sale of blood, plasma, blood products
or derivatives, other body fluids, or human hair.
(7) Purchase or sale of drugs, reagents or other
substances made from human bodies or body parts, for use in medical or
scientific research, treatment or diagnosis.
(Source: P.A. 93-794, eff. 7-22-04.)
(720 ILCS 5/12-20.5)
Sec. 12-20.5. Dismembering a human body.
(a) A person commits the offense of dismembering a human body when he or she
knowingly dismembers, severs, separates, dissects, or mutilates any body part
of a deceased's body.
(b) This Section does not apply to:
(1) an anatomical gift made in accordance with the
Illinois Anatomical Gift Act;
(2) the removal and use of a human cornea in
accordance with the Illinois Anatomical Gift Act;
(3) the purchase or sale of drugs, reagents, or
other substances made from human body parts, for the use in medical or
scientific research, treatment, or diagnosis;
(4) persons employed by a county medical examiner's
office or coroner's office acting within the scope of their employment while
performing an autopsy;
(5) the acts of a licensed funeral director or
embalmer while performing acts authorized by the Funeral Directors and
Embalmers Licensing Code;
(6) the acts of emergency medical personnel or
physicians performed in good faith and according to the usual and customary
standards of medical practice in an attempt to resuscitate a life; or
(7) physicians licensed to practice medicine in all
of its branches or holding a visiting professor, physician, or resident permit
under the Medical Practice Act of 1987, performing acts in accordance with
usual and customary standards of medical practice, or a currently enrolled
student in an accredited medical school in furtherance of his or her education
at the accredited medical school.
(c) It is not a defense to a violation of this Section that the decedent died
due to natural, accidental, or suicidal causes.
(d) Sentence. Dismembering a human body is a Class X felony.
(Source: P.A. 95-331, eff. 8-21-07.)
(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
Sec. 12-21. Criminal abuse or neglect of an elderly person or person with a
disability.
(a) A person commits the offense of criminal abuse or neglect of an elderly
person or person with a disability when he or she is a caregiver and he or she
knowingly:
(1) performs acts that cause the elderly person or
person with a disability's life to be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate; or
(2) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or preserve the life or health
of the elderly person or person with a disability and such failure causes the
elderly person or person with a disability's life to be endangered, health to
be injured or pre-existing physical or mental condition to deteriorate; or
(3) abandons the elderly person or person with a
disability; or
(4) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the elderly person or person with a
disability or exposes the elderly person or person with a disability to willful
deprivation.
Criminal abuse or neglect of an elderly person or person with a disability is a
Class 3 felony. Criminal neglect of an elderly person or person with a
disability is a Class 2 felony if the criminal neglect results in the death of
the person neglected for which the defendant, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3 years and not
more than 14 years.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
or older who is incapable of adequately providing for his own health and
personal care.
(2) "Person with a disability" means a person who
suffers from a permanent physical or mental impairment, resulting from disease,
injury, functional disorder or congenital condition which renders such person
incapable of adequately providing for his own health and personal care.
(3) "Caregiver" means a person who has a duty to
provide for an elderly person or person with a disability's health and personal
care, at such person's place of residence, including but not limited to, food
and nutrition, shelter, hygiene, prescribed medication and medical care and
treatment.
"Caregiver" shall include:
(A) a parent, spouse, adult child or other
relative by blood or marriage who resides with or resides in the same building
with or regularly visits the elderly person or person with a disability, knows
or reasonably should know of such person's physical or mental impairment and
knows or reasonably should know that such person is unable to adequately
provide for his own health and personal care;
(B) a person who is employed by the elderly
person or person with a disability or by another to reside with or regularly
visit the elderly person or person with a disability and provide for such
person's health and personal care;
(C) a person who has agreed for consideration to
reside with or regularly visit the elderly person or person with a disability
and provide for such person's health and personal care; and
(D) a person who has been appointed by a private
or public agency or by a court of competent jurisdiction to provide for the
elderly person or person with a disability's health and personal care.
"Caregiver" shall not include a long-term care
facility licensed or certified under the Nursing Home Care Act or any
administrative, medical or other personnel of such a facility, or a health care
provider who is licensed under the Medical Practice Act of 1987 and renders
care in the ordinary course of his profession.
(4) "Abandon" means to desert or knowingly forsake
an elderly person or person with a disability under circumstances in which a
reasonable person would continue to provide care and custody.
(5) "Willful deprivation" has the meaning ascribed
to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of
1986.
(c) Nothing in this Section shall be construed to limit the remedies available
to the victim under the Illinois Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose criminal liability on
a person who has made a good faith effort to provide for the health and
personal care of an elderly person or person with a disability, but through no
fault of his own has been unable to provide such care.
(e) Nothing in this Section shall be construed as prohibiting a person from
providing treatment by spiritual means through prayer alone and care consistent
therewith in lieu of medical care and treatment in accordance with the tenets
and practices of any church or religious denomination of which the elderly
person or person with a disability is a member.
(f) It is not a defense to criminal abuse or neglect of an elderly person or
person with a disability that the accused reasonably believed that the victim
was not an elderly person or person with a disability.
(Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
(720 ILCS 5/12-21.5)
Sec. 12-21.5. Child Abandonment.
(a) A person commits the offense of child abandonment when he or she, as a
parent, guardian, or other person having physical custody or control of a
child, without regard for the mental or physical health, safety, or welfare of
that child, knowingly leaves that child who is under the age of 13 without
supervision by a responsible person over the age of 14 for a period of 24 hours
or more, except that a person does not commit the offense of child abandonment
when he or she relinquishes a child in accordance with the Abandoned Newborn
Infant Protection Act.
(b) For the purposes of determining whether the child was left without regard
for the mental or physical health, safety, or welfare of that child, the trier
of fact shall consider the following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether
the child is physically or mentally handicapped, or otherwise in need of
ongoing prescribed medical treatment such as periodic doses of insulin or other
medications;
(4) the duration of time in which the child was left
without supervision;
(5) the condition and location of the place where
the child was left without supervision;
(6) the time of day or night when the child was left
without supervision;
(7) the weather conditions, including whether the
child was left in a location with adequate protection from the natural elements
such as adequate heat or light;
(8) the location of the parent, guardian, or other
person having physical custody or control of the child at the time the child
was left without supervision, the physical distance the child was from the
parent, guardian, or other person having physical custody or control of the
child at the time the child was without supervision;
(9) whether the child's movement was restricted, or
the child was otherwise locked within a room or other structure;
(10) whether the child was given a phone number of a
person or location to call in the event of an emergency and whether the child
was capable of making an emergency call;
(11) whether there was food and other provision left
for the child;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or other person having
physical custody or control of the child made a good faith effort to provide
for the health and safety of the child;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the child;
(14) any other factor that would endanger the health
or safety of that particular child;
(15) whether the child was left under the
supervision of another person.
(d) Child abandonment is a Class 4 felony. A second or subsequent offense after
a prior conviction is a Class 3 felony.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
(720 ILCS 5/12-21.6)
Sec. 12-21.6. Endangering the life or health of a child.
(a) It is unlawful for any person to willfully cause or permit the life or
health of a child under the age of 18 to be endangered or to willfully cause or
permit a child to be placed in circumstances that endanger the child's life or
health, except that it is not unlawful for a person to relinquish a child in
accordance with the Abandoned Newborn Infant Protection Act.
(b) There is a rebuttable presumption that a person committed the offense if he
or she left a child 6 years of age or younger unattended in a motor vehicle for
more than 10 minutes.
(c) "Unattended" means either: (i) not accompanied by a person 14
years of age or older; or (ii) if accompanied by a person 14 years of age or
older, out of sight of that person.
(d) A violation of this Section is a Class A misdemeanor. A second or
subsequent violation of this Section is a Class 3 felony. A violation of this
Section that is a proximate cause of the death of the child is a Class 3 felony
for which a person, if sentenced to a term of imprisonment, shall be sentenced
to a term of not less than 2 years and not more than 10 years.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 92-515, eff. 6-1-02;
92-651, eff. 7-11-02.)
(720 ILCS 5/12-21.7)
Sec. 12-21.7. Sale of yo-yo waterballs prohibited.
(a) It is unlawful to sell a yo-yo waterball in this State.
(b) Sentence. A person who sells a yo-yo waterball in this State is guilty of a
business offense punishable by a fine of $1,001 for each violation. Each sale
of a yo-yo waterball in violation of this Section is a separate violation.
(c) Definition. In this Section, "yo-yo waterball" means a water yo-yo
or a soft, rubber-like ball that is filled with a liquid and is attached to an
elastic cord.
(Source: P.A. 94-12, eff. 1-1-06.)
(720 ILCS 5/12-22)
Sec. 12-22. Probation.
(a) Whenever a parent of a child as determined by the court on the facts before
it, pleads guilty to or is found guilty of, with respect to his or her child,
child abandonment under Section 12-21.5 of the Criminal Code of 1961 or
endangering the life or health of a child under Section 12-21.6 of the Criminal
Code of 1961, the court may, without entering a judgment of guilt and with the
consent of the person, defer further proceedings and place the person upon
probation upon the reasonable terms and conditions as the court may require. At
least one term of the probation shall require the person to cooperate with the
Department of Children and Family Services at the times and in the programs
that the Department of Children and Family Services may require.
(b) Upon fulfillment of the terms and conditions imposed under subsection (a),
the court shall discharge the person and dismiss the proceedings. Discharge and
dismissal under this Section shall be without court adjudication of guilt and
shall not be considered a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. However, a record of
the disposition shall be reported by the clerk of the circuit court to the
Department of State Police under Section 2.1 of the Criminal Identification
Act, and the record shall be maintained and provided to any civil authority in
connection with a determination of whether the person is an acceptable
candidate for the care, custody and supervision of children.
(c) Discharge and dismissal under this Section may occur only once.
(d) Probation under this Section may not be for a period of less than 2 years.
(e) If the child dies of the injuries alleged, this Section shall be
inapplicable.
(Source: P.A. 88-479.)
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she commits an act which was prohibited by
a court or fails to commit an act which was ordered by a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of
subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in
a valid order of protection, which is authorized under the laws of another
state, tribe or United States territory,
(iii) any other remedy when the act constitutes
a crime against the protected parties as the term protected parties is defined
in Section 112A-4 of the Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has
been served notice of the contents of the order, pursuant to the Illinois
Domestic Violence Act of 1986 or any substantially similar statute of another
state, tribe or United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
An order of protection issued by a state, tribal or territorial court related
to domestic or family violence shall be deemed valid if the issuing court had
jurisdiction over the parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an order is certified
and appears authentic on its face.
(a-5) Failure to provide reasonable notice and opportunity to be heard shall be
an affirmative defense to any charge or process filed seeking enforcement of a
foreign order of protection.
(b) For purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
(c) Nothing in this Section shall be construed to diminish the inherent
authority of the courts to enforce their lawful orders through civil or
criminal contempt proceedings.
(d) Violation of an order of protection under subsection (a) of this Section is
a Class A misdemeanor. Violation of an order of protection under subsection (a)
of this Section is a Class 4 felony if the defendant has any prior conviction
under this Code for domestic battery (Section 12-3.2) or violation of an order
of protection (Section 12-30). Violation of an order of protection is a Class 4
felony if the defendant has any prior conviction under this Code for first
degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4),
aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-4),
heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn
child (Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal
sexual assault (Section 12-13), aggravated criminal sexual assault (12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory
criminal sexual assault of a child (Section 12-14.1), aggravated criminal
sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated
unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or
aggravated discharge of a firearm (Section 24-1.2), when any of these offenses
have been committed against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. The court shall impose a
minimum penalty of 24 hours imprisonment for defendant's second or subsequent
violation of any order of protection; unless the court explicitly finds that an
increased penalty or such period of imprisonment would be manifestly unjust. In
addition to any other penalties, the court may order the defendant to pay a
fine as authorized under Section 5-9-1 of the Unified Code of Corrections or to
make restitution to the victim under Section 5-5-6 of the Unified Code of
Corrections. In addition to any other penalties, including those imposed by
Section 5-9-1.5 of the Unified Code of Corrections, the court shall impose an
additional fine o