(720 ILCS 5/Tit. I heading) TITLE I.
GENERAL PROVISIONS
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(720 ILCS 5/Art. 1 heading) ARTICLE 1.
TITLE AND CONSTRUCTION OF ACT;
STATE JURISDICTION
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(720 ILCS 5/1-1) (from Ch. 38, par. 1-1)
Sec. 1-1. Short
title.
This Act may be cited as the Criminal Code of 2012.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) the conduct outside the State constitutes an | ||
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(3) the conduct outside the State constitutes a | ||
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(4) the conduct within the State constitutes an | ||
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(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.)
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(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 as set forth in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 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. (u) A person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which: (1) any part of the offense occurred; or (2) the victim or one of the victims reside. 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. 101-394, eff. 1-1-20.)
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(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.)
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(720 ILCS 5/Art. 2 heading) ARTICLE 2.
GENERAL DEFINITIONS
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/2-5) (from Ch. 38, par. 2-5)
(Text of Section before amendment by P.A. 103-702)
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.)
(Text of Section after amendment by P.A. 103-702) 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. If judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered. (Source: P.A. 103-702, eff. 1-1-25.)
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(720 ILCS 5/2-5.1)
Sec. 2-5.1. Day care center. "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.) |
(720 ILCS 5/2-5.2)
Sec. 2-5.2. Day care home. "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.) |
(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.)
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(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.)
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(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 | ||
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(b) any employee or volunteer of the American Red | ||
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(c) any employee of a federal, State, county, or | ||
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(d) any person volunteering or directed to assist an | ||
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(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 a term of
imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 103-51, eff. 1-1-24.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/2-8.1)
Sec. 2-8.1. Group day care home. "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.) |
(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.)
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(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.)
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(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
Sec. 2-10.1.
"Person with a severe or profound intellectual disability" 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, 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision (b)(1) of Section 12-3.05, of this Code against a victim who is
alleged to be a person with a severe or profound intellectual disability, any findings concerning the victim's status as a
person with a severe or profound intellectual disability, made by a court after a
judicial admission hearing concerning the victim under Articles V and VI of
Chapter IV of the Mental Health and Developmental Disabilities Code
shall be admissible.
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.) |
(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.)
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(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.)
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(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.)
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(720 ILCS 5/2-11.1) Sec. 2-11.1. "Motor vehicle". "Motor vehicle" has the meaning ascribed to it in the Illinois Vehicle Code.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(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.)
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(720 ILCS 5/2-12.1)
Sec. 2-12.1. Part day child care facility. "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.) |
(720 ILCS 5/2-13) (from Ch. 38, par. 2-13) (Text of Section before amendment by P.A. 103-822) 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, false personation of a peace officer in attempting or committing a felony, and false personation of a peace officer in attempting or committing a forcible felony, 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 | ||
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(1.5) the United States Department of Homeland | ||
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(2) the United States Department of the Treasury, the | ||
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(3) the United States Internal Revenue Service; (4) the United States General Services Administration; (5) the United States Postal Service; (6) (blank); and (7) the United States Department of Defense.
(Source: P.A. 102-558, eff. 8-20-21.) (Text of Section after amendment by P.A. 103-822) 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 possession 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, false personation of a peace officer in attempting or committing a felony, and false personation of a peace officer in attempting or committing a forcible felony, 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 | ||
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(1.5) the United States Department of Homeland | ||
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(2) the United States Department of the Treasury, the | ||
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(3) the United States Internal Revenue Service; (4) the United States General Services Administration; (5) the United States Postal Service; (6) (blank); and (7) the United States Department of Defense. (Source: P.A. 102-558, eff. 8-20-21; 103-822, eff. 1-1-25.) |
(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.)
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(720 ILCS 5/2-15) (from Ch. 38, par. 2-15)
Sec. 2-15. "Person".
"Person" means an individual, natural person, public or private corporation, government,
partnership, unincorporated association, or other entity.
(Source: P.A. 97-597, eff. 1-1-12.)
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(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.)
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(720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)
Sec. 2-15a. "Person with a physical disability". "Person with a physical disability" means a person who suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional disorder, or
congenital condition.
(Source: P.A. 99-143, eff. 7-27-15.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/Art. 3 heading) ARTICLE 3.
RIGHTS OF DEFENDANT
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(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.)
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(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.)
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(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.)
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(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 that former
prosecution:
(1) resulted in either a conviction or an acquittal | ||
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(2) was terminated by a final order or judgment, even | ||
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(3) was terminated improperly after the jury was | ||
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A conviction of an included offense, other than through a plea of guilty, 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 that
former prosecution:
(1) resulted in either a conviction or an acquittal, | ||
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(2) was terminated by a final order or judgment, even | ||
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(3) was terminated improperly under the circumstances | ||
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(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 that
is within the concurrent jurisdiction of this State, if that former
prosecution:
(1) resulted in either a conviction or an acquittal, | ||
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(2) was terminated by a final order or judgment, even | ||
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(d) A prosecution is not barred within the meaning of this
Section 3-4, however, if the former prosecution:
(1) was before a court that lacked jurisdiction over | ||
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(2) was procured by the defendant without the | ||
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(Source: P.A. 96-710, eff. 1-1-10.)
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(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, a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code for the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, leaving the scene of a motor vehicle crash 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, residential arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, or aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code may be commenced at any time. (a-5) A prosecution for theft of property exceeding $100,000 in value under Section 16-1, identity theft under subsection (a) of Section 16-30, aggravated identity theft under subsection (b) of Section 16-30, financial exploitation of an elderly person or a person with a disability under Section 17-56; theft by deception of a victim 60 years of age or older or a person with a disability under Section 16-1; or any offense set forth in Article 16H or Section 17-10.6 may be commenced within 7 years of the last act committed in furtherance of the crime. (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) or (a-5) 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. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22; 102-982, eff. 7-1-23.) |
(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 | ||
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(2) In any other instance, within one year after the | ||
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(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.
(b-5) When the victim is under 18 years of age at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses under Section 10-9 of this Code may be commenced within 25 years of the victim attaining the age of 18 years. (b-6) When the victim is 18 years of age or over at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses under Section 10-9 of this Code may be commenced within 25 years after the commission of the offense. (b-7) When the victim is under 18 years of age at the time of the offense, a prosecution for female genital mutilation may be commenced at any time. (c) (Blank).
(d) A prosecution for child pornography, aggravated child pornography, indecent
solicitation of a
child, soliciting for a juvenile prostitute, juvenile pimping,
exploitation of a child, or promoting juvenile prostitution except for keeping a place of juvenile prostitution 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 11-0.1 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
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 16-30 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 at any time. If the victim consented to the collection of evidence using an Illinois State Police Sexual Assault Evidence Collection Kit under the Sexual Assault Survivors Emergency Treatment Act, it shall constitute reporting for purposes of this Section.
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.
(i-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced within 10 years of the commission of the offense if it arises out of the same course of conduct and meets the criteria under one of the offenses in subsection (i) of this Section. (j) (1) 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, aggravated criminal sexual abuse, felony criminal sexual abuse, or female genital mutilation may be commenced at any time. (2) When in circumstances other than as described in paragraph (1) of this subsection (j), when the victim is under 18 years of age at the time of the offense, a prosecution for failure of a person who is required to report an alleged
or suspected commission of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse under the Abused and Neglected
Child Reporting Act may be
commenced within 20 years after the child victim attains 18
years of age. (3) When the victim is under 18 years of age at the time of the offense, a
prosecution
for misdemeanor criminal sexual abuse may be
commenced within 10 years after the child victim attains 18
years of age.
(4) 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.
(j-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced at any time if it arises out of the same course of conduct and meets the criteria under one of the offenses in subsection (j) of this Section. (k) (Blank).
(l) A prosecution for any offense set forth in Section 26-4 of this Code may be commenced within one year after the discovery of the offense by the victim of that offense. (l-5) A prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 11-0.1 of this Code, in which the victim was 18 years of age or older at the time of the offense, may be commenced within one year after the discovery of the offense by the victim when corroborating physical evidence is available. The charging document shall state that the statute of limitations is extended under this subsection (l-5) and shall state the circumstances justifying the extension.
Nothing in this subsection (l-5) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section or Section 3-5 of this Code. (m) The prosecution shall not be required to prove at trial facts which extend the general limitations in Section 3-5 of this Code when the facts supporting extension of the period of general limitations are properly pled in the charging document. Any challenge relating to the extension of the general limitations period as defined in this Section shall be exclusively conducted under Section 114-1 of the Code of Criminal Procedure of 1963. (n) A prosecution for any offense set forth in subsection (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the Illinois Public Aid Code, in which the total amount of money involved is $5,000 or more, including the monetary value of food stamps and the value of commodities under Section 16-1 of this Code may be commenced within 5 years of the last act committed in furtherance of the offense. (o) A prosecution for any offense based upon fraudulent activity connected to COVID-19-related relief programs, to include the Paycheck Protection Program, COVID-19 Economic Injury Disaster Loan Program, and the Unemployment Benefit Programs shall be commenced within 5 years after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 10 years beyond the expiration of the period otherwise applicable. (Source: P.A. 102-558, eff. 8-20-21; 103-184, eff. 1-1-24.) |
(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
Sec. 3-7. Periods
excluded from limitation. (a) The period within which a prosecution must be commenced does not include
any period in which:
(1) the defendant is not usually and publicly | ||
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(2) the defendant is a public officer and the | ||
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(3) a prosecution is pending against the defendant | ||
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(4) a proceeding or an appeal from a proceeding | ||
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(5) a material witness is placed on active military | ||
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(6) the victim of unlawful force or threat of | ||
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(7) the sexual assault evidence is collected and | ||
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(a-5) The prosecution shall not be required to prove at trial facts establishing periods excluded from the general limitations in Section 3-5 of this Code when the facts supporting periods being excluded from the general limitations are properly pled in the charging document. Any challenge relating to periods of exclusion as defined in this Section shall be exclusively conducted under Section 114-1 of the Code of Criminal Procedure of 1963. (b) For the purposes of this Section: "Completion of the analysis of the submitted | ||
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"Sexual assault" has the meaning ascribed to it in | ||
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"Sexual assault evidence" has the meaning ascribed to | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(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.)
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(720 ILCS 5/Tit. II heading) TITLE II.
PRINCIPLES OF CRIMINAL LIABILITY
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(720 ILCS 5/Art. 4 heading) ARTICLE 4.
CRIMINAL ACT AND MENTAL STATE
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(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.)
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(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.)
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(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.)
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(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.)
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(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 or | ||
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(b) The result of his or her conduct, described by | ||
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Conduct performed knowingly or with knowledge is performed wilfully,
within the meaning of a statute using the term "willfully", unless the statute
clearly requires another meaning.
When the law provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally. (Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/4-6) (from Ch. 38, par. 4-6)
Sec. 4-6. Recklessness. A person is reckless or acts recklessly when that person consciously disregards
a substantial and unjustifiable risk that circumstances exist or that a
result will follow, described by the statute defining the offense, and that
disregard constitutes a gross deviation from the standard of care that a
reasonable person would exercise in the situation. An act performed
recklessly is performed wantonly, within the meaning of a statute using the
term "wantonly", unless the statute clearly requires another meaning.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/4-7) (from Ch. 38, par. 4-7)
Sec. 4-7. Negligence. A person is negligent, or acts negligently, when that person 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 that
failure constitutes a substantial deviation from the standard of care that
a reasonable person would exercise in the situation.
(Source: P.A. 96-710, eff. 1-1-10.)
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(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 | ||
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(2) he acts in reliance upon a statute which later is | ||
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(3) he acts in reliance upon an order or opinion of | ||
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(4) he acts in reliance upon an official | ||
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(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: P.A. 98-463, eff. 8-16-13.)
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(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 $1,000, or the statute defining the offense clearly
indicates a legislative purpose to impose absolute liability for the
conduct described.
(Source: P.A. 96-1198, eff. 1-1-11.)
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(720 ILCS 5/Art. 5 heading) ARTICLE 5.
PARTIES TO CRIME
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(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.)
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(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 | ||
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(b) the statute defining the offense makes him or her | ||
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(c) either before or during the commission of an | ||
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When 2 or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts. Mere presence at the scene of a crime does not render a person accountable for an offense; a person's presence at the scene of a crime, however, may be considered with other circumstances by the trier of fact when determining accountability. A person is not so accountable, however, unless the statute
defining the offense provides otherwise, if:
(1) he or she is a victim of the offense committed;
(2) the offense is so defined that his or her conduct | ||
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(3) before the commission of the offense, he or she | ||
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(Source: P.A. 96-710, eff. 1-1-10.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/Art. 6 heading) ARTICLE 6.
RESPONSIBILITY
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(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.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/Art. 7 heading) ARTICLE 7.
JUSTIFIABLE USE OF FORCE; EXONERATION
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(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.)
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(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, | ||
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(2) He reasonably believes that such force is | ||
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(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.)
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(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.)
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(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 | ||
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(b) initially provokes the use of force against | ||
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(c) otherwise initially provokes the use of force | ||
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(1) such force is so great that he reasonably | ||
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(2) in good faith, he withdraws from physical | ||
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(Source: Laws 1961, p. 1983.)
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(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, based on the totality of the circumstances, to be
necessary to effect the arrest and of any force which he reasonably
believes, based on the totality of the circumstances, 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: (i) he reasonably believes, based on the totality of the circumstances,
that such force is necessary to prevent death or great bodily harm to
himself or such other person; or (ii) when he reasonably believes, based on the totality of the circumstances, both that:
(1) Such force is necessary to prevent the arrest | ||
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(2) The person to be arrested committed or attempted | ||
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As used in this subsection, "retreat" does not mean tactical
repositioning or other de-escalation tactics. A peace officer is not justified in using force likely to cause death or great bodily harm when there is no longer an imminent threat of great bodily harm to the officer or another. (a-5) Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a peace
officer and to warn that deadly force may be used. (a-10) A peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself if a
reasonable officer would believe the person does not pose an imminent threat of death or great bodily harm to the peace officer or to another person. (a-15) A peace officer shall not use deadly force against a person who is suspected of committing a property offense, unless that offense is terrorism or unless deadly force is otherwise authorized by law. (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.
(c) The authority to use physical force conferred on peace officers by this Article is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. (d) Peace officers shall use deadly force only when reasonably necessary in defense of human life. In determining whether deadly force is reasonably necessary, officers shall evaluate each situation in light of the totality of circumstances of each case, including, but not limited to, the proximity in time of the use of force to the commission of a forcible felony, and the reasonable feasibility of safely apprehending a subject at a later time, and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer. (e) The decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. (f) The decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time of the decision, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. (g) Law enforcement agencies are encouraged to adopt and develop policies designed to protect individuals with physical, mental health, developmental, or intellectual disabilities, or individuals who are significantly more likely to experience greater levels of physical force during police interactions, as these disabilities may affect the ability of a person to understand or comply with commands from peace officers. (h) As used in this Section: (1) "Deadly force" means any use of force that | ||
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(2) A threat of death or serious bodily injury is | ||
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(3) "Totality of the circumstances" means all facts | ||
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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)
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(720 ILCS 5/7-5.5) Sec. 7-5.5. Prohibited use of force by a peace officer. (a) A peace officer, or any other person acting under the color of law, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation in the performance of his or her duties, unless deadly force is justified under this Article. (b) A peace officer, or any other person acting under the color of law, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion. (c)
As used in this Section, "chokehold" means applying any direct pressure to the throat, windpipe, or airway of another. "Chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air such as a headlock where the only pressure applied is to the head.
(d) As used in this Section, "restraint above the shoulders with risk of positional asphyxiation" means a use of a technique used to restrain a person above the shoulders, including the neck or head, in a position which interferes with the person's ability to breathe after the person no longer poses a threat to the officer or any other person. (e) A peace officer, or any other person acting under the color of law, shall not: (i) use force as punishment or retaliation; (ii) discharge kinetic impact projectiles and all | ||
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(iii) discharge conducted electrical weapons in a | ||
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(iv) discharge firearms or kinetic impact | ||
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(v) use chemical agents or irritants for crowd | ||
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(vi) use chemical agents or irritants, including | ||
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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.) |
(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.)
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(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.)
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(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 | ||
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(2) The firing of a firearm at a vehicle in which the | ||
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(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.)
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(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 force, except deadly 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 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.
(c) Deadly force shall not be used to prevent escape under this Section unless, based on the totality of the circumstances, deadly force is necessary to prevent death or great bodily harm to himself or such other person. (Source: P.A. 101-652, eff. 7-1-21.)
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(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.)
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(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 that he or she performs under the
compulsion of threat or menace of the imminent infliction of death or great
bodily harm, if he or she reasonably believes death or great bodily harm will be
inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that 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: P.A. 96-710, eff. 1-1-10.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/7-15) Sec. 7-15. Duty to render aid. It is the policy of the State of Illinois that all law enforcement officers must, as soon as reasonably practical, determine if a person is injured, whether as a result of a use of force or otherwise, and render medical aid and assistance consistent with training and request emergency medical assistance if necessary. "Render medical aid and assistance" includes, but is not limited to, (i) performing emergency life-saving procedures such as cardiopulmonary resuscitation or the administration of an automated external defibrillator; and (ii) the making of arrangements for the carrying of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
(720 ILCS 5/7-16) Sec. 7-16. Duty to intervene. (a) A peace officer, or any other person acting under the color of law who has an opportunity to intervene, shall have an affirmative duty to intervene to prevent or stop another peace officer in his or her presence from using any unauthorized force or force that exceeds the degree of force permitted, if any, without regard for chain of command. (b) A peace officer, or any other person acting under the color of law, who intervenes as required by this Section shall report the intervention to the person designated/identified by the law enforcement entity in a manner prescribed by the agency. The report required by this Section must include the date, time, and place of the occurrence; the identity, if known, and description of the participants; and a description of the intervention actions taken and whether they were successful. In no event shall the report be submitted more than 5 days after the incident. (c) A member of a law enforcement agency shall not discipline nor retaliate in any way against a peace officer for intervening as required in this Section or for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
(720 ILCS 5/Tit. III heading) TITLE III.
SPECIFIC OFFENSES
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(720 ILCS 5/Tit. III Pt. A heading) PART A.
INCHOATE OFFENSES
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(720 ILCS 5/Art. 8 heading) ARTICLE 8.
SOLICITATION, CONSPIRACY AND ATTEMPT
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(720 ILCS 5/8-1) (from Ch. 38, par. 8-1)
Sec. 8-1. Solicitation and solicitation of murder. (a) Solicitation.
A person commits the offense of solicitation when, with intent that an offense be
committed, other than first degree murder, he or she commands, encourages, or
requests another to commit that offense.
(b) Solicitation of murder. A person commits the offense of solicitation
of murder when he or she commits solicitation with the intent that the offense of first degree murder be
committed. (c) Sentence. A person convicted of solicitation may be fined or imprisoned or both
not to exceed the maximum provided for the offense solicited, except that the penalty shall not exceed the corresponding maximum limit
provided by subparagraph (c) of Section 8-4 of this Code. Solicitation of murder is a Class X felony, and a person
convicted of solicitation of murder shall be sentenced to a term of
imprisonment of not less than 15 years and not more than 30
years, except that a person convicted of solicitation of murder when the person solicited was a person under the
age of 17 years shall be
sentenced to a term of imprisonment of not less than 20 years and
not more than 60 years.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/8-1.1)
Sec. 8-1.1. (Repealed).
(Source: P.A. 89-689, eff. 12-31-96. Repealed by P.A. 96-710, eff. 1-1-10.)
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(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
the offense of solicitation of murder for hire when, with the intent that the offense of
first degree murder be committed, he or she procures another to commit that
offense pursuant to any contract, agreement, understanding, command, or
request for money or anything of value.
(b) Sentence. 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, except that a person convicted of solicitation of murder for hire when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 25 years and not more than 60 years.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/8-2) (from Ch. 38, par. 8-2) (Text of Section before amendment by P.A. 103-822) Sec. 8-2. Conspiracy. (a) Elements of the offense.
A person commits the offense of conspiracy when, with intent that an offense be
committed, he or she 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 that agreement is alleged and proved to have been committed
by him or her or by a co-conspirator. (b) Co-conspirators. It is not a defense to conspiracy that the person or persons with
whom the accused is alleged to have conspired: (1) have not been prosecuted or convicted, (2) have been convicted of a different offense, (3) are not amenable to justice, (4) have been acquitted, or (5) lacked the capacity to commit an offense. (c) Sentence. (1) Except as otherwise provided in this subsection | ||
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(A) a Class X felony shall be sentenced for a | ||
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(B) a Class 1 felony shall be sentenced for a | ||
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(C) a Class 2 felony shall be sentenced for a | ||
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(D) a Class 3 felony shall be sentenced for a | ||
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(E) a Class 4 felony shall be sentenced for a | ||
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(F) a misdemeanor may be fined or imprisoned or | ||
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(2) A person convicted of conspiracy to commit any of | ||
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(A) aggravated insurance fraud conspiracy when | ||
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(B) aggravated governmental entity insurance | ||
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(3) A person convicted of conspiracy to commit any | ||
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(A) first degree murder (720 ILCS 5/9-1); or (B) aggravated insurance fraud (720 ILCS 5/46-3) | ||
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(4) A person convicted of conspiracy to commit | ||
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(5) A person convicted of conspiracy to commit any of | ||
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(A) soliciting for a prostitute (720 ILCS | ||
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(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||
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(C) keeping a place of prostitution (720 ILCS | ||
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(D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); (E) unlawful use of weapons under Section | ||
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(F) unlawful use of weapons under Section | ||
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(G) gambling (720 ILCS 5/28-1); (H) keeping a gambling place (720 ILCS 5/28-3); (I) registration of federal gambling stamps | ||
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(J) look-alike substances violation (720 ILCS | ||
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(K) miscellaneous controlled substance violation | ||
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(L) an inchoate offense related to any of the | ||
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(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.) (Text of Section after amendment by P.A. 103-822) Sec. 8-2. Conspiracy. (a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she 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 that agreement is alleged and proved to have been committed by him or her or by a co-conspirator. (b) Co-conspirators. It is not a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired: (1) have not been prosecuted or convicted, (2) have been convicted of a different offense, (3) are not amenable to justice, (4) have been acquitted, or (5) lacked the capacity to commit an offense. (c) Sentence. (1) Except as otherwise provided in this subsection | ||
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(A) a Class X felony shall be sentenced for a | ||
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(B) a Class 1 felony shall be sentenced for a | ||
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(C) a Class 2 felony shall be sentenced for a | ||
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(D) a Class 3 felony shall be sentenced for a | ||
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(E) a Class 4 felony shall be sentenced for a | ||
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(F) a misdemeanor may be fined or imprisoned or | ||
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(2) A person convicted of conspiracy to commit any of | ||
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(A) aggravated insurance fraud conspiracy when | ||
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(B) aggravated governmental entity insurance | ||
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(3) A person convicted of conspiracy to commit any of | ||
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(A) first degree murder (720 ILCS 5/9-1); or (B) aggravated insurance fraud (720 ILCS 5/46-3) | ||
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(4) A person convicted of conspiracy to commit | ||
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(5) A person convicted of conspiracy to commit any of | ||
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(A) soliciting for a prostitute (720 ILCS | ||
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(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||
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(C) keeping a place of prostitution (720 ILCS | ||
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(D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); (E) unlawful possession of weapons under Section | ||
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(F) unlawful possession of weapons under Section | ||
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(G) gambling (720 ILCS 5/28-1); (H) keeping a gambling place (720 ILCS 5/28-3); (I) registration of federal gambling stamps | ||
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(J) look-alike substances violation (720 ILCS | ||
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(K) miscellaneous controlled substance violation | ||
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(L) an inchoate offense related to any of the | ||
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(Source: P.A. 103-822, eff. 1-1-25.) |
(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.)
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(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.)
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(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent to commit a specific
offense, he or she does any act that constitutes a substantial step toward the
commission of that offense.
(b) Impossibility.
It is not 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 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 Code:
(1) the sentence for attempt to commit first degree | ||
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(A) an attempt to commit first degree murder when | ||
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(B) an attempt to commit first degree murder | ||
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(C) an attempt to commit first degree murder | ||
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(D) an attempt to commit first degree murder | ||
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(E) if the defendant proves by a preponderance of | ||
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(2) the sentence for attempt to commit a Class X | ||
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(3) the sentence for attempt to commit a Class 1 | ||
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(4) the sentence for attempt to commit a Class 2 | ||
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(5) the sentence for attempt to commit any felony | ||
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(Source: P.A. 103-51, eff. 1-1-24.)
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(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.)
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(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.)
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(720 ILCS 5/Tit. III Pt. B heading) PART B.
OFFENSES DIRECTED AGAINST THE PERSON
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(720 ILCS 5/Art. 9 heading) ARTICLE 9.
HOMICIDE
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(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) Sec. 9-1. First degree murder. (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 or she either intends to kill or do great | ||
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(2) he or she knows that such acts create a strong | ||
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(3) he or she, acting alone or with one or more | ||
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(b) (Blank). (b-5) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (h) (Blank). (h-5) (Blank). (i) (Blank). (j) (Blank). (k) (Blank). (Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(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 | ||
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(2) knew that his acts created a strong probability | ||
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(3) knew that the individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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) (blank);
(2) if the person committed the offense while armed | ||
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(3) if, during the commission of the offense, the | ||
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(4) if, during the commission of the offense, the | ||
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(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. 103-51, eff. 1-1-24.)
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(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 or she commits
the offense of first degree murder as defined in paragraph (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 or she is acting | ||
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(2) at the time of the killing he or she believes the | ||
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(b) Serious provocation is conduct sufficient to excite an intense
passion in a reasonable person provided, however, that an action that does not otherwise constitute serious provocation cannot qualify as serious provocation because of the discovery, knowledge, or disclosure of the victim's sexual orientation as defined in Section 1-103 of the Illinois Human Rights Act.
(c) When 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. The burden of proof, however,
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.
(d) Sentence. Second degree murder is a Class 1 felony.
(Source: P.A. 100-460, eff. 1-1-18.)
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(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 the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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. 101-13, eff. 6-12-19.)
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(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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: (1)
was
driving in a construction or maintenance zone, as defined in Section 11-605.1
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 11-605.1
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.
(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.
(e-11)
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.
(e-12) Except as otherwise provided in subsection (e-13), in cases involving
reckless homicide in which the offense was committed as result
of a violation of subsection (c) of Section 11-907 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-13) In cases involving
reckless homicide in which the offense was committed as result
of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code and the defendant 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-14)
In cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also violating subsection (c) of Section 11-907 of the Illinois Vehicle Code. The penalty for a reckless homicide in which the driver also violated subsection (c) of Section 11-907 of the Illinois Vehicle Code 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-15) In cases involving reckless homicide in which the defendant was operating a vehicle while failing or refusing to comply with subsection (c) of Section 11-907 of the Illinois Vehicle Code resulting in the death of a firefighter or emergency medical services personnel in the performance of his or her official duties, 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. 101-173, eff. 1-1-20.) |
(720 ILCS 5/9-3.1) (from Ch. 38, par. 9-3.1)
Sec. 9-3.1.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/9-3-1.5) Sec. 9-3-1.5. (Renumbered as Section 9-3.5).
(Source: Renumbered by P.A. 97-333, eff. 8-12-11.) |
(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 | ||
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(2) Reckless homicide of an unborn child is a Class 3 | ||
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(c) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
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(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
Sec. 9-3.3. Drug-induced homicide.
(a) A person commits drug-induced homicide when he or she 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, absorption, or ingestion of any amount of that controlled substance.
(a-5) A person commits drug-induced homicide when he or she violates the law of another jurisdiction, which if the violation had been committed in this State could be charged under 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 in this State by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. (b) Sentence. Drug-induced homicide is a Class X felony, except:
(1) A person who commits drug-induced homicide by | ||
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(2) A person who commits drug-induced homicide by | ||
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(Source: P.A. 100-404, eff. 1-1-18.)
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(720 ILCS 5/9-3.4) (was 720 ILCS 5/9-3.1)
Sec. 9-3.4. Concealment of homicidal death. (a) A person commits the offense of concealment of homicidal death when
he or she knowingly 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.
(b-5) For purposes of this Section: "Conceal" means the performing of some act or acts for the purpose of preventing or
delaying the discovery of a death by homicidal means. "Conceal" means something more than
simply withholding knowledge or failing to disclose information. "Homicidal means" means any act or acts, lawful
or unlawful, of a person that cause the death of another person. (c) Sentence. Concealment of homicidal death is a Class 3 felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/9-3.5) Sec. 9-3.5. Concealment of death. (a) For purposes of this Section, "conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death. "Conceal" means something more than simply withholding knowledge or failing to disclose information. (b) A person commits the offense of concealment of death when he or she knowingly conceals the death of any other person who died by other than homicidal means. (c) A person commits the offense of concealment of death when he or she knowingly moves the body of a dead person from its place of death, with the intent of concealing information regarding the place or manner of death of that person, or the identity of any person with information regarding the death of that person. This subsection shall not apply to any movement of the body of a dead person by medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors, or by any person acting at the direction of medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors. (d) Sentence. Concealment of death is a Class 4 felony.
(Source: P.A. 96-1361, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(720 ILCS 5/Art. 10 heading) ARTICLE 10.
KIDNAPING AND RELATED OFFENSES
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(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
Sec. 10-1. Kidnapping. (a) A person commits the offense of kidnapping when he or she knowingly: (1) and secretly confines another against his or her | ||
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(2) by force or threat of imminent force carries | ||
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(3) by deceit or enticement induces another to go | ||
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(b) Confinement of a child under the age of 13 years, or of a person with a severe or profound intellectual disability, is against that child's or person's
will within the meaning of this Section if that confinement is without the
consent of that child's or person's parent or legal guardian.
(c) Sentence. Kidnapping is a Class 2 felony.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A person commits the offense of
aggravated kidnaping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the | ||
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(2) takes as his or her victim a child under the age | ||
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(3) inflicts great bodily harm, other than by the | ||
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(4) wears a hood, robe, or mask or conceals his or | ||
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(5) commits the offense of kidnaping while armed with | ||
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(6) commits the offense of kidnaping while armed with | ||
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(7) during the commission of the offense of | ||
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(8) during the commission of the offense of | ||
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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. An offender under the age of 18 years at the time of the commission of aggravated kidnaping in violation of paragraphs (1) through (8) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of a second or subsequent offense of
aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except
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. An offender under the age of 18 years at the time of the commission of the second or subsequent offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(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 or she knowingly
without legal authority detains another. (b) Sentence. Unlawful restraint is a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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(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 or she commits unlawful restraint while using a deadly weapon.
(b) Sentence. Aggravated unlawful restraint is a Class 3 felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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(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.)
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(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 have
the following meanings:
(1) "Child" means a person who, at the time the | ||
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(2) "Detains" means taking or retaining physical | ||
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(2.1) "Express consent" means oral or written | ||
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(2.2) "Luring" means any knowing act to solicit, | ||
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(3) "Lawful custodian" means a person or persons | ||
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(4) "Putative father" means a man who has a | ||
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(5) "Unlawful purpose" means any misdemeanor or | ||
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(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court | ||
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(2) Intentionally violates a court order prohibiting | ||
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(3) Intentionally conceals, detains, or removes the | ||
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(4) Intentionally conceals or removes the child from | ||
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(5) At the expiration of visitation rights outside | ||
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(6) Being a parent of the child, and if the parents | ||
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(7) Being a parent of the child, and if the parents | ||
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(8) Knowingly conceals, detains, or removes the child | ||
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(9) Knowingly retains in this State for 30 days a | ||
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(10) Intentionally lures or attempts to lure a child: | ||
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(11) With the intent to obstruct or prevent efforts | ||
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(c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a | ||
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(2) the person had physical custody of the child | ||
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(3) the person was fleeing an incidence or pattern of | ||
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(4) the person lured or attempted to lure a child | ||
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(d) A person convicted of child abduction under this Section is guilty of
a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. 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. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction 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. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court
may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V 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 | ||
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(2) that the defendant inflicted or threatened to | ||
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(3) that the defendant demanded payment in exchange | ||
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(4) that the defendant has previously been convicted | ||
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(5) that the defendant committed the abduction while | ||
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(6) that the defendant committed the abduction while | ||
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(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 that investigation. Every police report
completed pursuant to this Section shall be compiled and recorded within
the meaning of Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to believe a child
abduction has occurred, she or he shall provide the lawful custodian a summary of
her or his rights under this Code, 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.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/10-5.1)
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 | ||
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(3) for an unlawful purpose; (4) without the express consent of the person's | ||
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(5) with the intent to avoid the express consent of | ||
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(6) after so communicating, commits any act in | ||
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(7) is a stranger to the parents or legal guardian of | ||
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(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 | ||
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(3) for an unlawful purpose; (4) without the express consent of the person's | ||
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(5) with the intent to avoid the express consent of | ||
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(6) after so communicating, commits any act in | ||
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(7) is a stranger to the parents or legal guardian of | ||
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(c) Definitions. For purposes of this Section: (1) "Emergency situation" means a situation in which | ||
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(2) "Express consent" means oral or written | ||
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(3) "Contacts or communicates electronically" | ||
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(4) "Luring" shall mean any knowing act to solicit, | ||
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(5) "Minor" shall mean any person under the age of 15. (6) "Stranger" shall have its common and ordinary | ||
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(7) "Unlawful purpose" shall mean any misdemeanor or | ||
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(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 | ||
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(2) It shall be an affirmative defense to any offense | ||
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(3) It shall not be a defense to the prosecution of | ||
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(g) Penalties. (1) A first offense of luring of a minor under | ||
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(2) A first offense of luring of a minor under | ||
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(3) A second or subsequent offense of luring of a | ||
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(4) A third or subsequent offense is a Class 1 | ||
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(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 or parenting time interference.
(a) As used in this Section,
the terms
"child", "detain", and "lawful custodian" have the meanings ascribed
to them in Section 10-5 of this Code.
(b) Every person who, in violation of the visitation, parenting time, or custody time
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, parenting time, or custody time commits the offense of unlawful
visitation or parenting time interference.
(c) A person committing unlawful visitation or parenting time interference is
guilty of a petty offense. Any person violating this Section after
2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, 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 or her | ||
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(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 | ||
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(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 | ||
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(2) the act was committed with the mutual consent of | ||
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(3) the act was otherwise authorized by law.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(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.)
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(720 ILCS 5/10-7) (from Ch. 38, par. 10-7)
Sec. 10-7. Aiding or abetting child abduction. (a) A
person violates this Section when, 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.
(b) Sentence. A person who violates this Section commits a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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(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.)
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(720 ILCS 5/10-8.1) Sec. 10-8.1. Unlawful sending of a public conveyance travel ticket to a minor. (a) In this Section, "public conveyance" has the meaning ascribed to it in Section 10-8 of this Code. (b) A person commits the offense of unlawful sending of a public conveyance travel ticket to a minor when the person without the consent of the minor's parent or guardian: (1) knowingly sends, causes to be sent, or purchases | ||
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(2) knowingly arranges for travel to any location on | ||
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(b-5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (c) Sentence.
Unlawful sending of a public conveyance travel ticket to a minor is a Class A misdemeanor.
A person who commits unlawful sending of a public conveyance travel ticket to a minor
who believes that he or she is at least 5 years older than the minor is guilty of a Class 4 felony.
(Source: P.A. 95-983, eff. 6-1-09.) |
(720 ILCS 5/10-9) Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses. (a) Definitions. In this Section: (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.
(2.5) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exist for the purpose of making profit. (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. (4) (Blank). (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 that type of service. (7) "Obtain" means, in relation to labor or services, to secure performance thereof. (7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (8) "Services" means activities resulting from 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 activities that are "services" under this Section. Nothing in this definition may 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 (b), (c), or (d). (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means: (1) causes or threatens to cause physical harm to any | ||
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(2) physically restrains or threatens to physically | ||
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(3) abuses or threatens to abuse the law or legal | ||
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(4) knowingly destroys, conceals, removes, | ||
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(5) uses intimidation, or exerts financial control | ||
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(6) uses any scheme, plan, or pattern intended to | ||
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Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. (c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she 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 one or more of those activities and: (1) there is no overt force or threat and the minor | ||
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(2) there is no overt force or threat and the minor | ||
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(3) there is overt force or threat. Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony. (d) Trafficking in persons. A person commits trafficking in persons when he or she 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 involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection by a person is a Class 1 felony. A violation of this subsection by a company is a business offense for which a fine of up to $100,000 may be imposed. (e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony. (f) Sentencing considerations. (1) Bodily injury. If, pursuant to a violation of | ||
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(2) Number of victims. In determining sentences | ||
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(g) Restitution. Restitution is mandatory under this Section. 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. (g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections. (h) 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 Section.
(i) Certification. The Attorney General, a State's Attorney, 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 Section has begun and the individual who is a likely victim of a crime described in this Section 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 Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative. (j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-18, eff. 1-1-20.) |
(720 ILCS 5/10-10) Sec. 10-10. Failure to report the death or disappearance of a child under 13 years of age. (a) A parent, legal guardian, or caretaker
of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. In the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour. (b) A parent, legal guardian, or caretaker
of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance. (c) The Department of Children and Family Services
Guardianship Administrator shall not personally be subject to the reporting requirements in subsection (a) or (b) of this Section. (d) A parent, legal guardian, or caretaker does not commit the offense of failure to report the death or disappearance of a child under 13 years of age when: (1) the failure to report is due to an act of God, | ||
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(2) the parent, legal guardian, or caretaker calls | ||
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(3) the parent, legal guardian, or caretaker knows | ||
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(4) the parent, legal guardian, or caretaker is | ||
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(e) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 97-1079, eff. 1-1-13.) |
(720 ILCS 5/Art. 10A heading)
ARTICLE 10A.
(Repealed)
(Source: Repealed by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/Art. 11 heading) ARTICLE 11.
SEX OFFENSES
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(720 ILCS 5/Art. 11 Subdiv. 1 heading)
SUBDIVISION 1. GENERAL DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-0.1) Sec. 11-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Accused" means a person accused of an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code. "Adult obscenity or child pornography Internet site". See Section 11-23. "Advance prostitution" means: (1) Soliciting for a prostitute by performing any of | ||
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(A) Soliciting another for the purpose of | ||
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(B) Arranging or offering to arrange a meeting of | ||
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(C) Directing another to a place knowing the | ||
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(2) Keeping a place of prostitution by controlling or | ||
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(A) Knowingly granting or permitting the use of | ||
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(B) Granting or permitting the use of the place | ||
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(C) Permitting the continued use of the place | ||
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"Agency". See Section 11-9.5. "Arranges". See Section 11-6.5. "Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence. "Care and custody". See Section 11-9.5. "Child care institution". See Section 11-9.3. "Child pornography". See Section 11-20.1. "Child sex offender". See Section 11-9.3. "Community agency". See Section 11-9.5. "Conditional release". See Section 11-9.2. "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. "Custody". See Section 11-9.2. "Day care center". See Section 11-9.3. "Depict by computer". See Section 11-20.1. "Depiction by computer". See Section 11-20.1. "Disseminate". See Section 11-20.1. "Distribute". See Section 11-21. "Family member" means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months. "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 | ||
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(2) when the accused overcomes the victim by use of | ||
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"Harmful to minors". See Section 11-21. "Loiter". See Section 9.3. "Material". See Section 11-21. "Minor". See Section 11-21. "Nudity". See Section 11-21. "Obscene". See Section 11-20. "Part day child care facility". See Section 11-9.3. "Penal system". See Section 11-9.2. "Person responsible for the child's welfare". See Section 11-9.1A. "Person with a disability". See Section 11-9.5. "Playground". See Section 11-9.3. "Probation officer". See Section 11-9.2. "Produce". See Section 11-20.1. "Profit from prostitution" means, when acting other than as a prostitute, to receive anything of value for personally rendered prostitution services or to receive anything of value from a prostitute, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution. "Public park". See Section 11-9.3. "Public place". See Section 11-30. "Reproduce". See Section 11-20.1. "Sado-masochistic abuse". See Section 11-21. "School". See Section 11-9.3. "School official". See Section 11-9.3. "Sexual abuse". See Section 11-9.1A. "Sexual act". See Section 11-9.1. "Sexual conduct" means any 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. "Sexual excitement". See Section 11-21. "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or 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. "Solicit". See Section 11-6. "State-operated facility". See Section 11-9.5. "Supervising officer". See Section 11-9.2. "Surveillance agent". See Section 11-9.2. "Treatment and detention facility". See Section 11-9.2. "Unable to give knowing consent" includes when the accused administers any intoxicating or anesthetic substance, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition was known, or reasonably should have been known by the accused. "Unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets any one of the following conditions: (1) was unconscious or asleep; (2) was not aware, knowing, perceiving, or cognizant | ||
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(3) was not aware, knowing, perceiving, or cognizant | ||
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(4) was not aware, knowing, perceiving, or cognizant | ||
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A victim is presumed "unable to give knowing consent" when the victim: (1) is committed to the care and custody or | ||
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(2) is committed to or placed with the Department of | ||
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(3) is a client or patient and the accused is a | ||
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(4) is a resident or inpatient of a residential | ||
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(5) is detained or otherwise in the custody of a | ||
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"Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.) |
(720 ILCS 5/Art. 11 Subdiv. 5 heading)
SUBDIVISION 5. MAJOR SEX OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
Sec. 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.
(a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be presumed to be incapable of committing an offense
prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code
because of age, physical condition or relationship to the victim. 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 Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(c) (Blank).
(d) (Blank).
(e) 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), within 48 hours: (1) after a finding at a preliminary hearing that | ||
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(2) after an indictment is returned charging an | ||
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(3) after a finding that a defendant charged with a | ||
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(4) after the request of the victim of the violation | ||
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The medical tests shall be
performed only
by appropriately licensed medical practitioners. The testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a
positive result, a reliable supplemental
test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. The results of the tests and any follow-up 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, to the defendant, to the State's Attorney, and to the
judge who entered the order, for the judge's inspection in camera. The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. 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 shall 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 | ||
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(2) An offer to the victim of testing for the | ||
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(3) A disclosure to the victim that all controlled | ||
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(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample | ||
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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. 97-1109, eff. 1-1-13; 98-761, eff. 7-16-14.)
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(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and: (1) uses force or threat of force; (2) knows that the victim is unable to understand the | ||
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(3) is a family member of the victim, and the victim | ||
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(4) is 17 years of age or over and holds a position | ||
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(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony, | ||
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(A) A person who is convicted of the offense of | ||
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(B) A person who has attained the age of 18 years | ||
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(C) A second or subsequent conviction for a | ||
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(Source: P.A. 99-69, eff. 1-1-16.)
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(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense: (1) the person displays, threatens to use, or uses a | ||
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(2) the person causes bodily harm to the victim, | ||
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(3) the person acts in a manner that threatens or | ||
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(4) the person commits the criminal sexual assault | ||
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(5) the victim is 60 years of age or older; (6) the victim is a person with a physical disability; (7) the person delivers (by injection, inhalation, | ||
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(8) the person is armed with a firearm; (9) the person personally discharges a firearm during | ||
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(10) the person personally discharges a firearm | ||
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(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim
who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation | ||
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(2) A person who has attained the age of 18 years at | ||
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(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and: (1) the victim is under 13 years of age; or (2) the victim is under 13 years of age and that | ||
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(A) is armed with a firearm; (B) personally discharges a firearm during the | ||
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(C) causes great bodily harm to the victim that: (i) results in permanent disability; or (ii) is life threatening; or (D) delivers (by injection, inhalation, | ||
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(b) Sentence.
(1) A person convicted of a violation of subsection | ||
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(1.1) A person convicted of a violation of subsection | ||
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(1.2) A person who has attained the age of 18 years | ||
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(2) A person who has attained the age of 18 years at | ||
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(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 98-903, eff. 8-15-14; 99-69, eff. 1-1-16.) |
(720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
Sec. 11-1.50. Criminal sexual abuse.
(a) A person commits criminal sexual abuse if that person:
(1) commits an act of sexual conduct by the use of | ||
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(2) commits an act of sexual conduct and knows that | ||
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(b) A person commits criminal sexual abuse if
that person is under 17 years of age and commits an act of sexual
penetration or sexual conduct with a victim who is at least 9 years of age
but under 17 years of age.
(c) A person commits criminal sexual abuse if that person commits an
act of sexual penetration or sexual conduct with a victim who is at least
13 years of age but under 17 years of age and the person is 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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated criminal sexual abuse.
(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense: (1) the person displays, threatens to use, or uses a | ||
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(2) the person causes bodily harm to the victim; (3) the victim is 60 years of age or older; (4) the victim is a person with a physical disability; (5) the person acts in a manner that threatens or | ||
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(6) the person commits the criminal sexual abuse | ||
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(7) the person delivers (by injection, inhalation, | ||
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(b) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is under 18
years of age
and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i) | ||
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(2) that person is under 17 years of age and: (i) | ||
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(d) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual penetration or sexual conduct with a victim
who is at least 13
years of age but under 17 years of age and the person is at least 5 years
older than the victim.
(e) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is a
person with a severe or profound intellectual disability.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who is but under 18 years of age and
the person is 17 years of age or over and holds a position of trust,
authority, or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse for a violation of subsection (a), (b), (c), (d) or (e) of this Section is a Class 2 felony. Aggravated criminal sexual abuse for a violation of subsection (f) of this Section is a Class 1 felony.
(Source: P.A. 102-567, eff. 1-1-22.)
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(720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.
(a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the
offense that the victim consented.
(b) It shall be a defense under subsection (b) and subsection (c) of
Section 11-1.50 and subsection (d) of Section 11-1.60 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. 102-567, eff. 1-1-22.)
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(720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
Sec. 11-1.80. Civil Liability. (a) If any person has been convicted of
any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 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 | ||
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(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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 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 | ||
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(2) "wholesale distributor" means any individual, | ||
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(3) "producer" means any individual, partnership, | ||
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(4) "manufacturer" means any individual, partnership, | ||
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(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-1109, eff. 1-1-13.)
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(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
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 11-0.1 of this Code.
(a-5) A person of the age of 17 years and upwards commits
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, | ||
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"Child" means a person under 17 years of age.
"Internet" has the meaning set forth in Section | ||
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"Sexual penetration" or "sexual conduct" are defined | ||
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(c) Sentence. Indecent solicitation of a child under subsection (a) is:
(1) a Class 1 felony when the act, if done, would be | ||
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(2) a Class 2 felony when the act, if done, would be | ||
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(3) a Class 3 felony when the act, if done, would be | ||
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Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(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 knowingly:
(1) Arranges for a person 17 years of age or over to | ||
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the | ||
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(2) Arranges for a person 17 years of age or over to | ||
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under the | ||
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(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X | ||
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(2) Violation of paragraph (a)(1)(ii) is a Class 1 | ||
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(3) Violation of paragraph (a)(2)(i) is a Class 2 | ||
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(4) Violation of paragraph (a)(2)(ii) is a Class A | ||
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(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 17-0.5 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/11-6.6) Sec. 11-6.6. Solicitation to meet a child. (a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law. (b) Sentence. Solicitation to meet a child is a Class A misdemeanor.
Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child. (c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 17-0.5 of this Code.
(Source: P.A. 101-87, eff. 1-1-20.) |
(720 ILCS 5/11-7) (from Ch. 38, par. 11-7)
(This Section was renumbered as Section 11-35 by P.A. 96-1551.) Sec. 11-7.
(Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-8) (from Ch. 38, par. 11-8)
(This Section was renumbered as Section 11-40 by P.A. 96-1551.) Sec. 11-8.
(Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
(This Section was renumbered as Section 11-30 by P.A. 96-1551.) Sec. 11-9. (Renumbered).
(Source: P.A. 96-1098, eff. 1-1-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/Art. 11 Subdiv. 10 heading)
SUBDIVISION 10. VULNERABLE VICTIM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in the presence
or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be 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 | ||
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(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 11-0.1 of this Code.
"Sex offense" means any violation
of
Article 11 of this Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand-held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand-held communication device, or both. "Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet. (c) Sentence.
(1) Sexual exploitation of a child is a Class A | ||
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(2) Sexual exploitation of a child is a Class 4 | ||
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(3) Sexual exploitation of a child is a Class 4 | ||
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(4) Sexual exploitation of a child is a Class 4 | ||
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(Source: P.A. 102-168, eff. 7-27-21.)
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(720 ILCS 5/11-9.1A)
Sec. 11-9.1A. Permitting sexual abuse of a child. (a) A person responsible for a child's welfare commits
permitting sexual
abuse of a child if the person has actual knowledge of and permits an act of
sexual
abuse upon the
child, or permits the child to engage in prostitution as
defined in Section
11-14 of this Code. (b) In this Section: "Actual knowledge" includes credible allegations made by the child. "Child" means a minor under the age of 17 years. "Person responsible for the child's welfare" means the child's parent,
step-parent, legal guardian, or other person having custody of a child, who is
responsible
for the child's care at the time of the alleged sexual abuse. "Prostitution" means prostitution as defined in Section 11-14 of this Code. "Sexual abuse" includes criminal sexual abuse or criminal sexual assault as
defined
in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code. (c) This Section does not apply to a person responsible for the child's
welfare who, having
reason to believe that sexual abuse has occurred, makes timely and reasonable
efforts to
stop the sexual abuse by reporting the sexual abuse in conformance with the
Abused and
Neglected Child Reporting Act or by reporting the sexual abuse, or causing a
report to be made,
to medical or
law enforcement authorities or anyone who is a mandated reporter under Section
4
of the Abused and Neglected Child Reporting Act. (d) Whenever a law enforcement officer has reason to believe that the child
or the
person responsible for the child's welfare has been abused by a family or
household member as defined by the Illinois Domestic Violence Act of 1986, the
officer
shall immediately use all reasonable means to prevent further abuse under
Section 112A-30 of the Code of Criminal Procedure of 1963. (e) An order of protection under Section 111-8 of the Code of Criminal
Procedure of 1963 shall be sought in all cases where there is reason to believe
that a child has been sexually abused by a family or household member. In
considering appropriate available remedies, it shall be presumed that awarding
physical care or custody to the abuser is not in the child's best interest. (f) A person may not be charged with the offense of permitting sexual abuse
of a child under this Section until the person who committed the offense is
charged with criminal sexual assault, aggravated criminal sexual assault,
predatory
criminal sexual assault of a child, criminal sexual abuse, aggravated
criminal sexual
abuse, or prostitution. (g) A person convicted of permitting the sexual abuse of a child is
guilty
of a Class 1
felony.
As
a condition of any sentence of supervision, probation, conditional discharge,
or mandatory
supervised release, any person convicted under this Section shall be ordered to
undergo
child sexual abuse, domestic violence, or other appropriate
counseling for a
specified duration with a qualified social or mental health worker. (h) It is an affirmative defense to a charge of permitting sexual abuse of a
child under this Section that the person responsible for the child's welfare
had
a reasonable apprehension that timely action to stop the abuse or prostitution
would result in the imminent infliction of death, great bodily harm, permanent
disfigurement, or permanent disability to that person or another in retaliation
for reporting.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/11-9.1B) Sec. 11-9.1B. Failure to report sexual abuse of a child. (a) For the purposes of this Section: "Child" means any person under the age of 13. "Sexual abuse" means any contact, however slight, between the sex organ or anus of the victim or the accused and an object or body part, including, but not limited to, the sex organ, mouth, or anus of the victim or the accused, or any intrusion, however slight, of any part of the body of the victim or the accused or of any animal or object into the sex organ or anus of the victim or the accused, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual abuse. (b) A person over the age of 18 commits failure to report sexual abuse of a child when he or she personally observes sexual abuse, as defined by this Section, between a person who he or she knows is over the age of 18 and a person he or she knows is a child, and knowingly fails to report the sexual abuse to law enforcement. (c) This Section does not apply to a person who makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act. (d) A person may not be charged with the offense of failure to report sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse. (e) It is an affirmative defense to a charge of failure to report sexual abuse of a child under this Section that the person who personally observed the sexual abuse had a reasonable apprehension that timely action to stop the abuse would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting. (f) Sentence. A person who commits failure to report sexual abuse of a child is guilty of a Class A misdemeanor for the first violation and a Class 4 felony for a second or subsequent violation. (g) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of sexual abuse and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14.) |
(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits 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; (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; or (3) he or she is an employee of a law enforcement agency and engages in sexual conduct or sexual penetration with a person who is in the custody of a law enforcement agency or employee.
(b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial
sexual misconduct when the probation or supervising officer, surveillance
agent, or aftercare specialist 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 or employee 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 law enforcement agency, a penal system, a treatment and detention facility,
or a conditional release program.
(e) In this Section, the consent of the probationer, parolee,
releasee, inmate in custody of the penal system or person detained or
civilly committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee
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,
inmate in custody of a penal system or person detained or civilly
committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer, | ||
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(2) Any employee, probation or supervising officer, | ||
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(g) In this Section:
(0.5) "Aftercare specialist" means any person | ||
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(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence | ||
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(iii) parole, aftercare release, or mandatory | ||
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(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in | ||
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(vii) detention or arrest by a law enforcement | ||
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(2) "Penal system" means any system which includes | ||
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(2.1) "Treatment and detention facility" means any | ||
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(2.2) "Conditional release" means a program of | ||
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(3) "Employee" means:
(i) an employee of any governmental agency of | ||
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(ii) a contractual employee of a penal system as | ||
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(iii) a contractual employee of a "treatment and | ||
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(iv) an employee of a law enforcement agency. (3.5) "Law enforcement agency" means an agency of the | ||
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(4) "Sexual conduct" or "sexual penetration" means | ||
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(5) "Probation officer" means any person employed in | ||
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(6) "Supervising officer" means any person employed | ||
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(7) "Surveillance agent" means any person employed or | ||
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(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18; 101-81, eff. 7-12-19.)
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(720 ILCS 5/11-9.2-1) (Section scheduled to be repealed on January 1, 2028) Sec. 11-9.2-1. Lewd sexual display in a penal institution. (a) A person commits lewd sexual display in a penal institution when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the genitals or anus, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. For purposes of this Section, "penal institution" does not include a facility of the Department of Juvenile Justice or a juvenile detention facility. (b) Sentence. Lewd sexual display in a penal institution is a Class A misdemeanor. A person convicted of a second or subsequent violation for lewd sexual display in a penal institution is guilty of a Class 4 felony. (c) A person charged with a violation of this Section shall be eligible for an evaluation for a mental health court program under the Mental Health Court Treatment Act, the provisions of Section 20 of that Act notwithstanding, and shall be given an eligibility screening and an assessment, pursuant to the provisions of Section 25 of the Mental Health Court Treatment Act, administered by a qualified mental health court professional independent of the penal institution where the individual is in custody. (d) Notwithstanding the provisions of subsection (e) of Section 25 of the Mental Health Court Treatment Act, a person who has been charged with a violation of this Section shall not be liable for any fines, fees, costs, or restitution unless the person fails to successfully complete that person's court-ordered mental health court treatment program. (e) All charges against a person for a violation of this Section shall be dismissed upon the court's determination that the person has successfully completed the person's court-ordered mental health court treatment program. Unwillingness to participate in a court-ordered mental health court treatment program may result in prosecution under this Section. Failure to complete a mental health treatment court program shall have the consequences prescribed by the rules and regulations of that treatment court program. (f) A person is not guilty of a violation of this Section for engaging in the conduct prohibited by this Section, if any of the following are true: (1) the person is under 18 years of age or not | ||
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(2) the person suffered from a behavioral health | ||
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(3) the person was not in the actual presence or view | ||
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(g) This Section is repealed on January 1, 2028. (Source: P.A. 103-283, eff. 1-1-24.) |
(720 ILCS 5/11-9.2-2) (Section scheduled to be repealed on January 1, 2028) Sec. 11-9.2-2. Lewd sexual display in a penal institution annual report; sunset date. (a) The Illinois Criminal Justice Information Authority shall compile data provided to it pursuant to this Section and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. The Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. (b) The following data shall be provided to the Illinois Criminal Justice Information Authority on or before October 1 of each year: (1) each penal institution shall provide the number | ||
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(2) each county State's Attorney shall provide the | ||
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(c) This Section is repealed on January 1, 2028.(Source: P.A. 103-283, eff. 1-1-24.) |
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with, 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
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-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.
(a-10) It is unlawful for a child sex offender to knowingly be present in any
public park building, a playground or recreation area within any publicly accessible privately owned 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 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.
(b-2) 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 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 July 7, 2000 (the
effective date of Public Act 91-911).
(b-10) 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, day care home, group day care home, or a facility providing programs or services
exclusively directed toward persons under 18 years of age. Nothing in this
subsection (b-10) 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 July 7, 2000. Nothing in this
subsection (b-10) 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 June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821). (b-15) 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-15) 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 August 22, 2002. This subsection (b-15) does not apply if the victim of the sex offense
is 21 years of age or older. (b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age,
unless the offender
is a parent or guardian of the person under 18 years of age. (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 toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home.
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, day care home, or group day care home is operated. (c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present. (c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present. (c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820). (c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis. (c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle. (d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any | ||
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(A) is convicted of such offense or an | ||
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(B) is found not guilty by reason of insanity | ||
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(C) is found not guilty by reason of insanity | ||
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(D) is the subject of a finding not resulting | ||
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(E) is found not guilty by reason of insanity | ||
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(F) is the subject of a finding not resulting | ||
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(ii) is certified as a sexually dangerous person | ||
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(iii) is subject to the provisions of Section 2 | ||
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Convictions that result from or are connected with | ||
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(2) Except as otherwise provided in paragraph (2.5), | ||
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(i) A violation of any of the following Sections | ||
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(ii) A violation of any of the following Sections | ||
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(iii) A violation of any of the following | ||
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10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child). An attempt to commit any of these offenses.
(iv) A violation of any former law of this State | ||
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(2.5) For the purposes of subsections (b-5) and | ||
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(i) A violation of any of the following Sections | ||
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10-5(b)(10) (child luring), 10-7 (aiding or | ||
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(ii) A violation of any of the following Sections | ||
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(iii) A violation of any of the following | ||
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10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child). An attempt to commit any of these offenses.
(iv) A violation of any former law of this State | ||
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(3) A conviction for an offense of federal law or the | ||
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(4) "Authorized emergency vehicle", "rescue vehicle", | ||
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(5) "Child care institution" has the meaning ascribed | ||
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(6) "Day care center" has the meaning ascribed to it | ||
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(7) "Day care home" has the meaning ascribed to it in | ||
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(8) "Facility providing programs or services directed | ||
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(9) "Group day care home" has the meaning ascribed to | ||
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(10) "Internet" has the meaning set forth in Section | ||
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(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the | ||
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(ii) Standing, sitting idly, whether or not the | ||
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(iii) Entering or remaining in a building in or | ||
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(12) "Part day child care facility" has the meaning | ||
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(13) "Playground" means a piece of land owned or | ||
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(14) "Public park" includes a park, forest preserve, | ||
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(15) "School" means a public or private preschool or | ||
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(16) "School official" means the principal, a | ||
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(e) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 102-997, eff. 1-1-23.) |
(720 ILCS 5/11-9.4)
Sec. 11-9.4. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-9.4-1) Sec. 11-9.4-1. Sexual predator and child sex offender; presence or loitering in or near public parks prohibited. (a) For the purposes of this Section: "Child sex offender" has the meaning ascribed to it | ||
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"Public park" includes a park, forest preserve, | ||
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"Loiter" means: (i) Standing, sitting idly, whether or not the | ||
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(ii) Standing, sitting idly, whether or not the | ||
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"Sexual predator" has the meaning ascribed to it in | ||
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(b) It is unlawful for a sexual predator or a child sex offender to knowingly be present in any
public park building or on real property comprising any public park. (c) It is unlawful for a sexual predator or 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.
For the purposes of this subsection (c), the 500 feet distance shall be measured from the edge of the property comprising the public park building or the real property comprising the public park. (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, except that a second or subsequent violation is a Class 4
felony.
(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; 97-1109, eff. 1-1-13.) |
(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 | ||
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(ii) a person diagnosed with a mental illness as | ||
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(2) "State-operated facility" means: (i) a developmental disability facility as | ||
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(ii) a mental health facility as defined in the | ||
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(3) "Community agency" or "agency" means any | ||
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(4) "Care and custody" means admission to a | ||
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(5) "Employee" means: (i) any person employed by the Illinois | ||
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(ii) any person employed by a community agency | ||
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(iii) any person who is a contractual employee or | ||
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(6) "Sexual conduct" or "sexual penetration" means | ||
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(b) A person commits sexual misconduct with a person with a disability when: (1) he or she is an employee and knowingly engages in | ||
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(2) he or she is an employee of a community agency | ||
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(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 | ||
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(2) any State employee or community agency employee | ||
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(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. 96-1551, eff. 7-1-11.) |
(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 | ||
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(2) The person knows that he or she is related to the | ||
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(b) Sentence. Sexual relations within families
is a Class 3 felony.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/11-12) (from Ch. 38, par. 11-12)
(This Section was renumbered as Section 11-45 by P.A. 96-1551.) Sec. 11-12.
(Renumbered).
(Source: P.A. 81-230. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/11-13) (from Ch. 38, par. 11-13)
Sec. 11-13.
(Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/Art. 11 Subdiv. 15 heading)
SUBDIVISION 15. PROSTITUTION OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14) Sec. 11-14. Prostitution. (a) Any person who knowingly performs, offers or agrees
to perform any act of sexual penetration as defined in Section 11-0.1 of
this Code for anything
of value, or any touching or fondling
of the sex organs of one person by another person, for
anything of value, for the purpose of sexual arousal or gratification commits
an act of prostitution. (b) Sentence. A violation of this Section is a Class A misdemeanor. (c) (Blank).
(c-5) It is an affirmative defense to a charge under this Section that the accused engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons as defined in Section 10-9 of this Code. (d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987. Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987, a law enforcement officer who takes a person under 18 years of age into custody under this Section shall immediately report an allegation of a violation of Section 10-9 of this Code to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act. (Source: P.A. 98-164, eff. 1-1-14; 98-538, eff. 8-23-13; 98-756, eff. 7-16-14; 99-109, eff. 7-22-15.) |
(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 for that person or any other person not his or her spouse to
perform any act of sexual penetration as defined in Section 11-0.1 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 solicitation of a sexual act. (b) Sentence. Solicitation of a sexual act is a Class A misdemeanor. Solicitation of a sexual act from a person who is under the age of 18 or who is a person with a severe or profound intellectual disability is a Class 4 felony. If the court imposes a fine under this subsection (b), it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections. (b-5) (Blank). (c) This Section does not apply to a person engaged in prostitution who is under 18 years of age. (d) A person cannot be convicted under this Section if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under Section 11-14 of this Code. (Source: P.A. 102-939, eff. 1-1-23.) |
(720 ILCS 5/11-14.2) Sec. 11-14.2. (Repealed).(Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-14.3) Sec. 11-14.3. Promoting prostitution. (a) Any person who knowingly performs any of the following acts commits promoting prostitution: (1) advances prostitution as defined in Section | ||
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(2) profits from prostitution by: (A) compelling a person to become a prostitute; (B) arranging or offering to arrange a situation | ||
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(C) any means other than those described in | ||
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(b) Sentence. (1) A violation of subdivision (a)(1) is a Class 4 | ||
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(2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | ||
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(3) A violation of subdivision (a)(2)(C) is a Class 4 | ||
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If the court imposes a fine under this subsection (b), it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections. (Source: P.A. 98-1013, eff. 1-1-15.) |
(720 ILCS 5/11-14.4) Sec. 11-14.4. Promoting juvenile prostitution. (a) Any person who knowingly performs any of the following acts commits promoting juvenile prostitution: (1) advances prostitution as defined in Section | ||
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(2) profits from prostitution by any means where the | ||
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(3) profits from prostitution by any means where the | ||
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(4) confines a child under the age of 18 or a person | ||
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(A) compels the child or the person with a severe | ||
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(B) arranges a situation in which the child or | ||
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(C) profits from prostitution by the child or the | ||
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(b) For purposes of this Section, administering drugs, as defined in subdivision (a)(4), or an alcoholic intoxicant to a child under the age of 13 or a person with a severe or profound intellectual disability shall be deemed to be without consent if the administering is done without the consent of the parents or legal guardian or if the administering is performed by the parents or legal guardian for other than medical purposes. (c) If the accused did not have a reasonable opportunity to observe the prostituted person, it is an affirmative defense to a charge of promoting juvenile prostitution, except for a charge under subdivision (a)(4), that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. (d) Sentence. A violation of subdivision (a)(1) is a Class 1 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class X felony. A violation of subdivision (a)(2) is a Class 1 felony. A violation of subdivision (a)(3) is a Class X felony. A violation of subdivision (a)(4) 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. A second or subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), or any combination of convictions under subdivision (a)(1), (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is a Class X felony. (e) Forfeiture. Any person convicted of a violation of this Section that involves promoting juvenile prostitution by keeping a place of juvenile prostitution or convicted of a violation of subdivision (a)(4) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (f) For the purposes of this Section, "prostituted person"
means any person who engages in, or agrees or offers to engage
in, any act of sexual penetration as defined in Section 11-0.1 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.
(Source: P.A. 99-143, eff. 7-27-15.) |
(720 ILCS 5/11-15) (from Ch. 38, par. 11-15) Sec. 11-15. (Repealed). (Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1) Sec. 11-15.1. (Repealed). (Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
Sec. 11-16.
(Repealed).
(Source: P.A. 91-696, eff. 4-13-00. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/11-17) (from Ch. 38, par. 11-17) Sec. 11-17. (Repealed). (Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1) Sec. 11-17.1. (Repealed). (Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18) Sec. 11-18. Patronizing a prostitute. (a) Any person who knowingly performs any of the following acts with a person
not his or her spouse commits patronizing a prostitute: (1) Engages in an act of sexual penetration as | ||
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(2) Enters or remains in a place of prostitution with | ||
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(3) Engages in any touching or fondling with a | ||
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(b) Sentence. Patronizing a prostitute is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony.
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 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 3
felony. If the court imposes a fine under this subsection (b), it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections. (c) (Blank).(Source: P.A. 98-1013, eff. 1-1-15.) |
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) Sec. 11-18.1. Patronizing a minor engaged in prostitution. (a) Any person who
engages in an act of sexual penetration as defined in Section 11-0.1 of this
Code with a person engaged in prostitution who is under 18 years of age or is a person with a severe or profound intellectual disability commits
patronizing a minor engaged in prostitution. (a-5) Any person who engages in any touching or fondling, with a person engaged in prostitution who either is under 18 years of age or is a person with a severe or profound intellectual disability, of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification, commits patronizing a minor engaged in prostitution. (b) It is an affirmative defense to the charge of patronizing a minor engaged in prostitution
that the accused reasonably believed that the person
was of the age of 18 years or over or was not a person with a severe or profound intellectual disability 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 3 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 2 felony. 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 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 2 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. 99-143, eff. 7-27-15.) |
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19) Sec. 11-19. (Repealed). (Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1) Sec. 11-19.1. (Repealed). (Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2) Sec. 11-19.2. (Repealed). (Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-19.3) Sec. 11-19.3. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 11 Subdiv. 20 heading)
SUBDIVISION 20. PORNOGRAPHY OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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 or she:
(1) Sells, delivers or provides, or offers or agrees | ||
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(2) Presents or directs an obscene play, dance or | ||
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(3) Publishes, exhibits or otherwise makes available | ||
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(4) Performs an obscene act or otherwise presents an | ||
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(5) Creates, buys, procures or possesses obscene | ||
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(6) Advertises or otherwise promotes the sale of | ||
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(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 | ||
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(2) What the predominant appeal of the material would | ||
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(3) The artistic, literary, scientific, educational | ||
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(4) The degree, if any, of public acceptance of the | ||
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(5) Appeal to prurient interest, or absence thereof, | ||
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(6) Purpose of the author, creator, publisher or | ||
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(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a
Class 4 felony.
(e) Permissive Inference.
The trier of fact may infer an intent to disseminate from 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.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal | ||
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(2) Was to institutions or individuals having | ||
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(g) Forfeiture of property. A person who has been convicted
previously of the offense of obscenity and who is convicted of a
second or subsequent offense of obscenity is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1) (Text of Section before amendment by P.A. 103-825) Sec. 11-20.1. Child pornography. (a) A person commits child pornography who: (1) films, videotapes, photographs, or otherwise | ||
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(i) actually or by simulation engaged in any act | ||
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(ii) actually or by simulation engaged in any act | ||
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(iii) actually or by simulation engaged in any | ||
| ||
(iv) actually or by simulation portrayed as being | ||
| ||
(v) actually or by simulation engaged in any act | ||
| ||
(vi) actually or by simulation portrayed or | ||
| ||
(vii) depicted or portrayed in any pose, posture | ||
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(2) with the knowledge of the nature or content | ||
| ||
(3) with knowledge of the subject matter or theme | ||
| ||
(4) solicits, uses, persuades, induces, entices, or | ||
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(5) is a parent, step-parent, legal guardian or other | ||
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(6) with knowledge of the nature or content thereof, | ||
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(7) solicits, or knowingly uses, persuades, induces, | ||
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(a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other. (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 person with a severe or profound intellectual disability 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 18 years of age or older or that the person was not a person with a severe or profound intellectual disability and his or her reliance upon the information so obtained was clearly reasonable. (1.5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (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. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. A motion to view the evidence shall comply with subsection (e-5) of this Section. (4) If the defendant possessed more than one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted, then the trier of fact may infer 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. (6) Any violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) that includes a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context shall be deemed a crime of violence. (c) If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class X felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class X felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. (c-5) Where the child depicted is under the age of 13, a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, 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. Where the child depicted is under the age of 13, 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 $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact. (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 person with a severe or profound intellectual disability 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. In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (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, | ||
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(2) "Produce" means to direct, promote, advertise, | ||
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(3) "Reproduce" means to make a duplication or copy. (4) "Depict by computer" means to generate or create, | ||
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(5) "Depiction by computer" means a computer program | ||
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(6) "Computer", "computer program", and "data" have | ||
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(7) For the purposes of this Section, "child | ||
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(g) Re-enactment; findings; purposes. (1) The General Assembly finds and declares that: (i) Section 50-5 of Public Act 88-680, effective | ||
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(ii) In addition, Public Act 88-680 was entitled | ||
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(iii) On September 22, 1998, the Third District | ||
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(iv) Child pornography is a vital concern to the | ||
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(2) It is the purpose of this amendatory Act of 1999 | ||
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(3) This amendatory Act of 1999 re-enacts Section | ||
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(4) The re-enactment by this amendatory Act of 1999 | ||
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(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.) (Text of Section after amendment by P.A. 103-825) Sec. 11-20.1. Child pornography. (a) A person commits child pornography who: (1) films, videotapes, photographs, or otherwise | ||
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(i) actually or by simulation engaged in any act | ||
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(ii) actually or by simulation engaged in any act | ||
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(iii) actually or by simulation engaged in any | ||
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(iv) actually or by simulation portrayed as being | ||
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(v) actually or by simulation engaged in any act | ||
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(vi) actually or by simulation portrayed or | ||
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(vii) depicted or portrayed in any pose, posture | ||
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(2) with the knowledge of the nature or content | ||
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(3) with knowledge of the subject matter or theme | ||
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(4) solicits, uses, persuades, induces, entices, or | ||
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(5) is a parent, step-parent, legal guardian or other | ||
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(6) with knowledge of the nature or content thereof, | ||
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(7) solicits, or knowingly uses, persuades, induces, | ||
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(a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other. (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 person with a severe or profound intellectual disability 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 18 years of age or older or that the person was not a person with a severe or profound intellectual disability and his or her reliance upon the information so obtained was clearly reasonable. (1.5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (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. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. A motion to view the evidence shall comply with subsection (e-5) of this Section. (4) If the defendant possessed more than one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted, then the trier of fact may infer 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. (6) Any violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) that includes a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context shall be deemed a crime of violence. (c) If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class X felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class X felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a 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. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. (c-5) Where the child depicted is under the age of 13, a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, 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. Where the child depicted is under the age of 13, 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 $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact. (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 person with a severe or profound intellectual disability 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. In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (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, | ||
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(2) "Produce" means to direct, promote, advertise, | ||
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(3) "Reproduce" means to make a duplication or copy. (4) "Depict by computer" means to generate or create, | ||
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(5) "Depiction by computer" means a computer program | ||
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(6) "Computer", "computer program", and "data" have | ||
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(7) For the purposes of this Section, "child | ||
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(g) Re-enactment; findings; purposes. (1) The General Assembly finds and declares that: (i) Section 50-5 of Public Act 88-680, effective | ||
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(ii) In addition, Public Act 88-680 was entitled | ||
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(iii) On September 22, 1998, the Third District | ||
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(iv) Child pornography is a vital concern to the | ||
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(2) It is the purpose of this amendatory Act of 1999 | ||
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(3) This amendatory Act of 1999 re-enacts Section | ||
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(4) The re-enactment by this amendatory Act of 1999 | ||
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(Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.) |
(720 ILCS 5/11-20.1A)
Sec. 11-20.1A. (Repealed).
(Source: P.A. 95-579, eff. 6-1-08. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/11-20.1B)
Sec. 11-20.1B. (Repealed).
(Source: P.A. 97-1109, eff. 1-1-13. Repealed by P.A. 97-995, eff. 1-1-13.)
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(720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
Sec. 11-20.2. Duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children.
(a) Any commercial film and photographic print processor or computer technician who
has knowledge of or observes, within the scope of his professional capacity
or employment, any film, photograph, videotape, negative,
slide, computer hard drive or any other magnetic or optical media which
depicts a child whom the processor or computer technician 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 | ||
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(ii) actually or by simulation engaged in any act of | ||
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(iii) actually or by simulation engaged in any act of | ||
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(iv) actually or by simulation portrayed as being the | ||
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(v) actually or by simulation engaged in any act of | ||
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(vi) actually or by simulation portrayed or depicted | ||
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(vii) depicted or portrayed in any pose, posture or | ||
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shall report or cause a report to be made pursuant to subsections (b) and (c) as
soon as reasonably possible. Failure to make such report shall be a business offense
with a fine of $1,000.
(b) Commercial film and photographic film processors shall report or cause a report to be made to the local law enforcement agency of the jurisdiction in which the image or images described in subsection (a) are discovered. (c) Computer technicians shall report or cause the report to be made to the local law enforcement agency of the jurisdiction in which the image or images described in subsection (a) are discovered or to the Illinois Child Exploitation e-Tipline at reportchildporn@atg.state.il.us. (d) Reports required by this Act shall include the following information:
(i) name, address, and telephone number of the person filing the report;
(ii) the employer of the person filing the report, if any;
(iii) the name, address and telephone number of the person whose property is the subject of the report, if known;
(iv) the circumstances which led to the filing of the report, including a description of the reported content. (e) If a report is filed with the Cyber Tipline at the National Center for Missing and Exploited Children or in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Act will be deemed to have been met. (f) A computer technician or an employer caused to report child pornography under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. (g) For the purposes of this Section, a "computer technician" is a person who installs, maintains, troubleshoots, repairs or upgrades computer hardware, software, computer networks, peripheral equipment, electronic mail systems, or provides user assistance for any of the aforementioned tasks.
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-20.3) (This Section was renumbered as Section 11-20.1B by P.A. 96-1551.) Sec. 11-20.3. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-20.4) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11-20.4. Obscene depiction of a purported child. (a) In this Section: "Obscene depiction" means a visual representation of | ||
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(i) the average person, applying contemporary | ||
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(ii) the average person, applying contemporary | ||
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(iii) taken as a whole, it lacks serious | ||
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"Purported child" means a visual representation that | ||
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(b) A person commits obscene depiction of a purported child when, with knowledge of the nature or content thereof, the person: (1) receives, obtains, or accesses in any way with | ||
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(2) reproduces, disseminates, offers to disseminate, | ||
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(c) A violation of paragraph (1) of subsection (b) is a Class 3 felony, and a second or subsequent offense is a Class 2 felony. A violation of paragraph (2) of subsection (b) is a Class 1 felony, and a second or subsequent offense is a Class X felony. (d) If the age of the purported child depicted is under the age of 13, a violation of paragraph (1) of subsection (b) is a Class 2 felony, and a second or subsequent offense is a Class 1 felony. If the age of the purported child depicted is under the age of 13, a violation of paragraph (2) of subsection (b) is a Class X felony, and a second or subsequent offense is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years. (e) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(f) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (Source: P.A. 103-825, eff. 1-1-25.) |
(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
Sec. 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means to transfer possession of, whether | ||
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"Harmful to minors" means that quality of any | ||
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"Knowingly" means having knowledge of the contents of | ||
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"Material" means (i) any picture, photograph, | ||
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"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or | ||
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"Sado-masochistic abuse" means flagellation or | ||
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"Sexual conduct" means acts of masturbation, sexual | ||
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"Sexual excitement" means the condition of human male | ||
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(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to, | ||
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(A) any material which depicts nudity, sexual | ||
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(B) a motion picture, show, or other presentation | ||
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(C) an admission ticket or pass to premises where | ||
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(2) admits a minor to premises where there is | ||
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(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged | ||
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(2) that the defendant was in a parental or | ||
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(3) that the defendant was a bona fide school, | ||
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(4) that the act charged was committed in aid of | ||
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(5) that an advertisement of harmful material as | ||
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(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 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony. (h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (Source: P.A. 99-642, eff. 7-28-16.)
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(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.)
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(720 ILCS 5/11-23)
Sec. 11-23. Posting of identifying or graphic information on a pornographic
Internet site or possessing graphic information with pornographic material. (a) A person at least 17 years of age who knowingly 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 posting of
identifying information on a pornographic Internet site.
(a-5) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of posting of graphic information on a pornographic Internet site. This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image. (a-10) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 years of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography under Section 11-20.1, is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material. (b) Sentence. A person who violates subsection (a) of 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. A person who violates subsection (a-5) of this Section is guilty of a Class 4 felony. A person who violates subsection (a-10) of this Section is guilty of a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) "Adult obscenity or child pornography Internet | ||
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(2) "Internet" has the meaning set forth in Section | ||
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/11-23.5) (Text of Section before amendment by P.A. 103-825) Sec. 11-23.5. Non-consensual dissemination of private sexual images. (a) Definitions. For the purposes of this Section: "Computer", "computer program", and "data" have the | ||
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"Image" includes a photograph, film, videotape, | ||
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"Intimate parts" means the fully unclothed, partially | ||
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"Sexual act" means sexual penetration, masturbation, | ||
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"Sexual activity" means any: (1) knowing touching or fondling by the victim or | ||
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(2) any transfer or transmission of semen upon | ||
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(3) an act of urination within a sexual context; | ||
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(4) any bondage, fetter, or sadism masochism; or (5) sadomasochism abuse in any sexual context. (b) A person commits non-consensual dissemination of private sexual images when he or she: (1) intentionally disseminates an image of another | ||
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(A) who is at least 18 years of age; and (B) who is identifiable from the image itself or | ||
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(C) who is engaged in a sexual act or whose | ||
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(2) obtains the image under circumstances in which a | ||
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(3) knows or should have known that the person in the | ||
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(c) The following activities are exempt from the provisions of this Section: (1) The intentional dissemination of an image of | ||
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(2) The intentional dissemination of an image of | ||
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(3) The intentional dissemination of an image of | ||
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(4) The intentional dissemination of an image of | ||
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(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (f) Sentence. Non-consensual dissemination of private sexual images is a Class 4 felony.(Source: P.A. 98-1138, eff. 6-1-15.) (Text of Section after amendment by P.A. 103-825) Sec. 11-23.5. Non-consensual dissemination of private sexual images. (a) Definitions. For the purposes of this Section: "Computer", "computer program", and "data" have the | ||
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"Image" includes a photograph, film, videotape, | ||
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"Intimate parts" means the fully unclothed, partially | ||
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"Personal identifying information" has the meaning | ||
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"Sexual act" means sexual penetration, masturbation, | ||
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"Sexual activity" means any: (1) knowing touching or fondling by the victim or | ||
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(2) any transfer or transmission of semen upon | ||
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(3) an act of urination within a sexual context; | ||
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(4) any bondage, fetter, or sadism masochism; or (5) sadomasochism abuse in any sexual context. (b) A person commits non-consensual dissemination of private sexual images when he or she: (1) intentionally disseminates an image of another | ||
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(A) (blank); and (B) who is identifiable from the image itself, or | ||
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(C) who is engaged in a sexual act or whose | ||
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(2) obtains the image under circumstances in which a | ||
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(3) knows or should have known that the person in the | ||
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(c) The following activities are exempt from the provisions of this Section: (1) The intentional dissemination of an image of | ||
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(2) The intentional dissemination of an image of | ||
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(3) The intentional dissemination of an image of | ||
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(4) The intentional dissemination of an image of | ||
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(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (f) Sentence. Non-consensual dissemination of private sexual images is a Class 4 felony.(Source: P.A. 103-825, eff. 1-1-25.) |
(720 ILCS 5/11-23.7) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11-23.7. Non-consensual dissemination of sexually explicit digitized depictions. (a) Definitions. For the purposes of this Section: "Intimate parts" means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing. "Personal identifying information" has the meaning ascribed to it in Section 16-0.1. "Sexual activity" means: (1) any knowing touching or fondling of the victim or | ||
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(2) any transfer or transmission of semen upon any | ||
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(3) an act of urination within a sexual context; (4) any bondage, fetter, or sadism masochism; or (5) sadomasochism abuse in any sexual context. "Sexually explicit digitized depiction" means any image, photograph, film, video, digital recording, or other depiction or portrayal that has been created, altered, or otherwise modified to realistically depict either: (1) the intimate parts of another human being as the | ||
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(2) the depicted individual engaging in sexual | ||
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(b) A person commits non-consensual dissemination of sexually explicit digitized depictions when the person: (1) intentionally disseminates a sexually explicit | ||
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(2) knows or should have known that the person in the | ||
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(c) The following activities are exempt from the provisions of this Section: (1) The intentional dissemination of an image of | ||
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(2) The intentional dissemination of an image of | ||
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(3) The intentional dissemination of an image of | ||
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(4) The intentional dissemination of an image of | ||
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(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (f) Sentence. Non-consensual dissemination of sexually explicit digitized depictions is a Class 4 felony. (Source: P.A. 103-825, eff. 1-1-25.) |
(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 11-0.1 of this Code. (b) It is unlawful for a child sex offender to
knowingly: (1) conduct or operate any type of business in | ||
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(2) conduct or operate any type of business in | ||
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(3) photograph, videotape, or take a digital image of | ||
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(c) Sentence. A violation of this Section is a Class 2
felony. A person who violates this Section at a playground, park facility, school, forest preserve, day care facility, or at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony.
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 11 Subdiv. 25 heading)
SUBDIVISION 25. OTHER OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-25) Sec. 11-25. Grooming. (a) A person commits grooming when he or she knowingly uses a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission, performs an act in person or by conduct through a third party, or uses written communication to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child, a child's guardian, or another person believed by the person to be a child or a child's guardian, to commit any sex offense as defined in Section 2 of the Sex Offender Registration Act, to distribute photographs depicting the sex organs of the child, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child. As used in this Section, "child" means a person under 17 years of age. (b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 102-676, eff. 6-1-22.) |
(720 ILCS 5/11-26) Sec. 11-26. Traveling to meet a child. (a) A person commits traveling to meet a child when he or she travels any distance either within this State, to this State, or from this State by any means, attempts to do so, or causes another to do so or attempt to do so for the purpose of engaging in any sex offense as defined in Section 2 of the Sex Offender Registration Act, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or to attempt to seduce, solicit, lure, or entice, a child or a child's guardian, or another person believed by the person to be a child or a child's guardian, for such purpose. As used in this Section, "child" means a person under 17 years of age. (b) Sentence. Traveling to meet a child is a Class 3 felony.
(Source: P.A. 100-428, eff. 1-1-18.) |
(720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
Sec. 11-30. 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; or
(2) A lewd exposure of the body done with intent to | ||
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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. Public indecency is a Class 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-35) (was 720 ILCS 5/11-7)
Sec. 11-35. Adultery. (a) A person commits adultery when he or she has sexual intercourse with
another not his or her spouse, if the behavior is open and notorious, and:
(1) the person is married and knows the other person | ||
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(2) the person is not married and knows that the | ||
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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.
(b) Sentence.
Adultery is a Class A misdemeanor.
(Source: P.A. 103-154, eff. 6-30-23.)
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(720 ILCS 5/11-40) (was 720 ILCS 5/11-8)
Sec. 11-40. Fornication. (a) A person commits fornication when he or she knowingly has sexual intercourse with
another not his or her spouse 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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-45) (was 720 ILCS 5/11-12)
Sec. 11-45. Bigamy and Marrying a bigamist. (a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries
another.
(a-5) Marrying a bigamist. An unmarried person commits marrying a bigamist when that person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State. (b) It shall be an affirmative defense to bigamy and marrying a bigamist that:
(1) The prior marriage was dissolved or declared | ||
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(2) The accused reasonably believed the prior spouse | ||
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(3) The prior spouse had been continually absent for | ||
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(4) The accused reasonably believed that he or she or | ||
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(c) Sentence.
Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/Art. 12 heading) ARTICLE 12.
BODILY HARM
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(720 ILCS 5/Art. 12, Subdiv. 1 heading) SUBDIVISION 1. DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-0.1)
Sec. 12-0.1. Definitions. In this Article, unless the context clearly requires otherwise: "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. "Coach" means a person recognized as a coach by the sanctioning authority that conducts an athletic contest. "Correctional institution employee" means a person employed by a penal institution. "Emergency medical services personnel" has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots. "Family or household members" include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. "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 an offense. "Park district employee" means a supervisor, director, instructor, or other person employed by a park district. "Person with a physical disability" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition. "Private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. "Probation officer" means a person as defined in the Probation and Probation Officers Act. "Sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee. "Sports venue" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, or amusement facility, or a special event center in a public park, during the 12 hours before or after the sanctioned sporting event. "Streetgang", "streetgang member", and "criminal street gang" have the meanings ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. "Transit employee" means a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire. "Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location. "Utility worker" means any of the following: (1) A person employed by a public utility as defined | ||
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(2) An employee of a municipally owned utility. (3) An employee of a cable television company. (4) An employee of an electric cooperative as defined | ||
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(5) An independent contractor or an employee of an | ||
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(6) An employee of a telecommunications carrier as | ||
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(7) An employee of a telephone or telecommunications | ||
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(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.) |
(720 ILCS 5/Art. 12, Subdiv. 5 heading) SUBDIVISION 5. ASSAULT AND BATTERY
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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
or she knowingly 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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or a person | ||
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(2) A teacher or school employee upon school grounds | ||
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(3) A park district employee upon park grounds or | ||
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(4) A community policing volunteer, private security | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(4.1) A peace officer, fireman, emergency management | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(5) A correctional officer or probation officer: (i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing | ||
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(6) A correctional institution employee, a county | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(7) An employee of the State of Illinois, a municipal | ||
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(8) A transit employee performing his or her official | ||
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(9) A sports official or coach actively participating | ||
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(10) A person authorized to serve process under | ||
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(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following: (1) Uses a deadly weapon, an air rifle as defined in | ||
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(2) Discharges a firearm, other than from a motor | ||
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(3) Discharges a firearm from a motor vehicle. (4) Wears a hood, robe, or mask to conceal his or her | ||
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(5) Knowingly and without lawful justification shines | ||
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(6) Uses a firearm, other than by discharging the | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(7) Without justification operates a motor vehicle in | ||
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(8) Without justification operates a motor vehicle in | ||
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(9) Knowingly video or audio records the offense | ||
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(d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony. (e) For the purposes of this Section, "Category I weapon", "Category II weapon", and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(720 ILCS 5/12-2.5)
(This Section was renumbered as Section 12-5.02 by P.A. 96-1551.) Sec. 12-2.5.
(Renumbered).
(Source: P.A. 88-467. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-2.6)
(This Section was renumbered as Section 12-5.3 by P.A. 96-1551.) Sec. 12-2.6. (Renumbered).
(Source: P.A. 94-743, eff. 5-8-06. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
Sec. 12-3. Battery.
(a) A person commits battery if he or she knowingly without
legal justification 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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following: (1) Causes great bodily harm or permanent disability | ||
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(2) Causes severe and permanent disability, great | ||
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(3) Causes great bodily harm or permanent disability | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(4) Causes great bodily harm or permanent disability | ||
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(5) Strangles another individual. (b) Offense based on injury to a child or person with an intellectual disability. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means: (1) causes great bodily harm or permanent disability | ||
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(2) causes bodily harm or disability or disfigurement | ||
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(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following: (1) A person 60 years of age or older. (2) A person who is pregnant or has a physical | ||
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(3) A teacher or school employee upon school grounds | ||
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(4) A peace officer, community policing volunteer, | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(5) A judge, emergency management worker, emergency | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(6) An officer or employee of the State of Illinois, | ||
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(7) A transit employee performing his or her official | ||
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(8) A taxi driver on duty. (9) A merchant who detains the person for an alleged | ||
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(10) A person authorized to serve process under | ||
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(11) A nurse while in the performance of his or her | ||
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(12) A merchant: (i) while performing his or her | ||
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(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following: (1) Discharges a firearm, other than a machine gun or | ||
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(2) Discharges a firearm, other than a machine gun or | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(3) Discharges a firearm, other than a machine gun or | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(4) Discharges a firearm and causes any injury to a | ||
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(5) Discharges a machine gun or a firearm equipped | ||
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(6) Discharges a machine gun or a firearm equipped | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(7) Discharges a machine gun or a firearm equipped | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(8) Discharges a machine gun or a firearm equipped | ||
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(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following: (1) Uses a deadly weapon other than by discharge of a | ||
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(2) Wears a hood, robe, or mask to conceal his or her | ||
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(3) Knowingly and without lawful justification shines | ||
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(4) Knowingly video or audio records the offense with | ||
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(g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following: (1) Violates Section 401 of the Illinois Controlled | ||
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(2) Knowingly administers to an individual or causes | ||
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(3) Knowingly causes or attempts to cause a | ||
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(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony. Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony. Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony. Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (10) of subsection (b-5) of Section 5-8-1 of the Unified Code of Corrections, as 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. Aggravated battery as defined in subdivision (a)(1) is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Aggravated battery under subdivision (a)(5) is a
Class 1 felony if: (A) the person used or attempted to use a dangerous | ||
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(B) the person caused great bodily harm or permanent | ||
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(C) the person has been previously convicted of a | ||
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Aggravated battery as defined in subdivision (e)(1) is a Class X felony. Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years. Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years. Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years. Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years. Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that: (1) if the person committed the offense while armed | ||
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(2) if, during the commission of the offense, the | ||
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(3) if, during the commission of the offense, the | ||
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(i) Definitions. In this Section: "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Domestic violence shelter" means 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 any place within 500 feet of such a building or other structure in the case of a person who is going to or from such a building or other structure. "Firearm" has the meaning provided under Section 1.1
of the Firearm Owners Identification Card Act, and does
not include an air rifle as defined by Section 24.8-0.1 of this Code. "Machine gun" has the meaning ascribed to it in Section 24-1 of this Code. "Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code. "Strangle" means
intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
(Source: P.A. 103-51, eff. 1-1-24.)
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(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
Sec. 12-3.1. Battery of an unborn child; aggravated battery of an unborn child. (a) A person commits battery
of an unborn child if he or she knowingly without legal
justification and by any means causes bodily harm to an unborn child.
(a-5) A person commits aggravated battery of an unborn child when, in committing a battery of an unborn child, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an unborn child. (b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual whose unborn child is harmed.
(c) Sentence. Battery of an unborn child is a Class A misdemeanor. Aggravated battery of an unborn child is a Class 2 felony.
(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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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. 101-13, eff. 6-12-19.)
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(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 or she knowingly
without legal justification by any means:
(1) causes bodily harm to any family or household | ||
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(2) makes physical contact of an insulting or | ||
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(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 violation
of an order of protection (Section 12-3.4 or 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 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a
firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3),
aggravated battery of
an unborn child (subsection (a-5) of Section 12-3.1, or 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 11-1.20 or 12-13), aggravated criminal sexual
assault
(Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated
criminal sexual abuse (Section 11-1.60 or 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. Domestic battery is a Class 4 felony if the defendant has one
or 2 prior
convictions under this Code for domestic battery (Section 12-3.2), or one or 2 prior convictions under the law of another jurisdiction for any offense which is substantially similar. Domestic battery is a Class 3 felony if the defendant had 3 prior convictions under this Code for domestic battery (Section 12-3.2), or 3 prior convictions under the law of another jurisdiction for any offense which is substantially similar. Domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under this Code for domestic battery (Section 12-3.2), or 4 or more prior convictions under the law of another jurisdiction for any offense which is substantially similar. 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 12-3.05 or 12-4), unlawful restraint (Section
10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or
household member 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.
(d) Upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given. (Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14; 98-994, eff. 1-1-15.) |
(720 ILCS 5/12-3.3)
Sec. 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery,
knowingly causes great bodily harm, or permanent disability or disfigurement
commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual. (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.
(c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of aggravated domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given. (Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she knowingly commits an act which was | ||
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(i) a remedy in a valid order of protection | ||
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(ii) a remedy, which is substantially similar to | ||
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(iii) any other remedy when the act constitutes a | ||
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(2) Such violation occurs after the offender has been | ||
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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. For purposes of this Section, an "order of protection" may have been
issued in a criminal or civil proceeding.
(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) 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.
(c) The limitations placed on law enforcement liability by Section 305 of
the Illinois Domestic Violence Act of 1986 apply to actions taken under this
Section.
(d) Violation of an order of protection is a Class A misdemeanor.
Violation of an order of protection 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 12-3.4 or
12-30) or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as a domestic battery or violation of an order of protection. 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 12-3.05 or 12-4),
heinous battery (Section 12-4.1), aggravated battery with a firearm (Section
12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of
an unborn child (subsection (a-5) of Section 12-3.1, or 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 11-1.20 or 12-13), aggravated criminal sexual assault
(Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
unlawful restraint (Section 10-3), aggravated unlawful restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), aggravated discharge of a firearm
(Section 24-1.2), or a violation of any former law of this State that is substantially similar to any listed offense,
or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as one of 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. 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.
(e) (Blank).
(f) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.(Source: P.A. 100-987, eff. 7-1-19.)
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(720 ILCS 5/12-3.5)
(was 720 ILCS 5/12-6.3)
Sec. 12-3.5. Interfering with the reporting of domestic violence.
(a) A person commits interfering with the reporting of
domestic violence when, after having committed an act of domestic violence, he
or she knowingly 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:
"Domestic violence" 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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-3.6) (was 720 ILCS 5/45-1 and 5/45-2)
Sec. 12-3.6. Disclosing location of domestic violence victim. (a) As used in this Section:
"Domestic violence" means attempting to cause or causing abuse of
a family or household member or high-risk adult with disabilities, or
attempting to cause or causing neglect or exploitation of a high-risk adult
with disabilities which threatens the adult's health and safety.
"Family or household member" means a spouse, person living as a spouse,
parent, or other adult person related by consanguinity or affinity, who
is residing or has resided with the person committing domestic violence.
"Family or household member" includes a high-risk adult with disabilities
who resides with or receives care from any person who has the
responsibility for a high-risk adult as a result of a family relationship
or who has assumed responsibility for all or a portion of the care of an
adult with disabilities voluntarily, by express or implied contract, or by
court order.
"High-risk adult with disabilities" means a person aged 18 or over
whose physical or mental disability impairs his or her ability to seek or
obtain protection from abuse, neglect, or exploitation.
"Abuse", "exploitation", and "neglect" have the meanings ascribed to
those terms in Section 103 of the Illinois Domestic Violence Act of 1986.
(b) A
person commits disclosure of location of domestic violence victim when he or she publishes, disseminates or otherwise discloses the location of
any domestic violence victim, without that person's authorization, knowing the disclosure will result in, or has the
substantial likelihood of resulting in, the threat of bodily harm. (c) Nothing in this Section shall apply to
confidential communications between an attorney and his or her client. (d) Sentence. Disclosure of location of domestic violence victim is a Class A misdemeanor. (Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-3.8) Sec. 12-3.8. Violation of a civil no contact order. (a) A person commits violation of a civil no contact order if: (1) he or she knowingly commits an act which was | ||
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(A) a remedy of a valid civil no contact order | ||
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(B) a remedy, which is substantially similar to | ||
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(2) the violation occurs after the offender has been | ||
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A civil no contact order issued by a state, tribal, or territorial court 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 when an order is certified and appears authentic on its face. (a-3) For purposes of this Section, a "civil no contact order" may have been issued in a criminal or civil proceeding. (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 civil no contact order. (b) Prosecution for a violation of a civil no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order. (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) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (e) Sentence. A violation of a civil no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.) |
(720 ILCS 5/12-3.9) Sec. 12-3.9. Violation of a stalking no contact order. (a) A person commits violation of a stalking no contact order if: (1) he or she knowingly commits an act which was | ||
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(A) a remedy in a valid stalking no contact order | ||
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(B) a remedy, which is substantially similar to | ||
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(2) the violation occurs after the offender has been | ||
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A stalking no contact order issued by a state, tribal, or territorial court 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 when an order is certified and appears authentic on its face. (a-3) For purposes of this Section, a "stalking no contact order" may have been issued in a criminal or civil proceeding. (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 stalking no contact order. (b) Prosecution for a violation of a stalking no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order. (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) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (e) Sentence. A violation of a stalking no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.) |
(720 ILCS 5/12-4)
(This Section was renumbered as Section 12-3.05 by P.A. 96-1551.) Sec. 12-4. (Renumbered). (Source: P.A. 97-467, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
Sec. 12-4.1.
(Repealed).
(Source: P.A. 91-121, eff. 7-15-99. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) Sec. 12-4.2. (Repealed).
(Source: P.A. 96-328, eff. 8-11-09. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.2-5)
Sec. 12-4.2-5. (Repealed).
(Source: P.A. 96-328, eff. 8-11-09. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. (Repealed). (Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.4) (from Ch. 38, par. 12-4.4)
Sec. 12-4.4.
(Repealed).
(Source: P.A. 84-1414. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/Art. 12, Subdiv. 10 heading) SUBDIVISION 10. ENDANGERMENT
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-4.4a) Sec. 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability. (a) Abuse or criminal neglect of a long term care facility resident. (1) A person or an owner or licensee commits abuse of | ||
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(2) A person or an owner or licensee commits criminal | ||
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(A) performs acts that cause a resident's life to | ||
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(B) fails to perform acts that he or she knows or | ||
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(C) abandons a resident. (3) A person or an owner or licensee commits neglect | ||
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(b) Criminal abuse or neglect of an elderly person or person with a disability. (1) A caregiver commits criminal abuse or neglect of | ||
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(A) performs acts that cause the person's life to | ||
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(B) fails to perform acts that he or she knows or | ||
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(C) abandons the person; (D) physically abuses, harasses, intimidates, or | ||
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(E) exposes the person to willful deprivation. (2) It is not a defense to criminal abuse or neglect | ||
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(c) Offense not applicable. (1) Nothing in this Section applies to a physician | ||
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(2) Nothing in this Section imposes criminal | ||
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(3) Nothing in this Section applies to the medical | ||
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(4) Nothing in this Section prohibits a caregiver | ||
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(5) Nothing in this Section limits the remedies | ||
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(d) Sentence. (1) Long term care facility. Abuse of a long term | ||
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(2) Caregiver. Criminal abuse or neglect of an | ||
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(e) Definitions. For the purposes of this Section: "Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody. "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 the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following: (1) A parent, spouse, adult child, or other relative | ||
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(2) A person who is employed by the elderly person or | ||
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(3) A person who has agreed for consideration to | ||
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(4) A person who has been appointed by a private or | ||
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"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, 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 or her profession. "Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care. "Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared Housing Act. "Long term care facility" means a private home, institution, building, residence, or 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 Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act. "Owner" means the owner of a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act. "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 the person incapable of adequately providing for his or her own health and personal care. "Resident" means a person residing in a long term care facility. "Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986. (Source: P.A. 103-293, eff. 1-1-24.) |
(720 ILCS 5/12-4.5) (from Ch. 38, par. 12-4.5)
Sec. 12-4.5. Tampering with food, drugs or cosmetics. (a) A 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 tampering with food, drugs or cosmetics.
(b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
Sec. 12-4.6.
(Repealed).
(Source: P.A. 85-1177. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.7) (from Ch. 38, par. 12-4.7)
Sec. 12-4.7.
(Repealed).
(Source: P.A. 92-256, eff. 1-1-02. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.8)
Sec. 12-4.8.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.9)
(This Section was renumbered as Section 12C-45 by P.A. 97-1109.) Sec. 12-4.9.
(Renumbered).
(Source: P.A. 89-632, eff. 1-1-97. Renumbered by P.A. 97-1109, eff. 1-1-13.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
Sec. 12-5. Reckless
conduct.
(a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that: (1) cause bodily harm to or endanger the safety of | ||
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(2) cause great bodily harm or permanent disability | ||
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(b) Sentence.
Reckless conduct under subdivision (a)(1) is a Class A misdemeanor. Reckless conduct under subdivision (a)(2) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.01)
Sec. 12-5.01. (Repealed).
(Source: P.A. 97-1046, eff. 8-21-12. Repealed by P.A. 102-168, eff. 7-27-21.)
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(720 ILCS 5/12-5.02)
(was 720 ILCS 5/12-2.5)
Sec. 12-5.02. Vehicular endangerment.
(a) A person commits vehicular endangerment when he or she strikes a motor vehicle by causing
an object to fall from an overpass or other elevated location in the direction of a moving
motor vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this State.
(b) Sentence. Vehicular endangerment is a Class 2 felony, unless
death results, in which case vehicular endangerment is a Class 1
felony.
(c) Definitions. For purposes of this Section:
"Elevated location" means a bridge, overpass, highway ramp, building, artificial structure, hill, mound, or natural elevation above or adjacent to and above a highway. "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. 99-656, eff. 1-1-17.)
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(720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
Sec. 12-5.1. Criminal housing management. (a) A person commits 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 or she 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 a person other than the defendant.
(b) Sentence.
Criminal housing management is a Class A misdemeanor, and a subsequent
conviction is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.1a)
(was 720 ILCS 5/12-5.15) Sec. 12-5.1a. Aggravated criminal housing management. (a) A person commits aggravated criminal housing management
when he or she commits criminal housing management and:
(1) the condition endangering the health or safety of | ||
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(2) the person recklessly conceals or attempts to | ||
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(b) Sentence. Aggravated criminal housing management is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
Sec. 12-5.2. Injunction in connection with criminal housing management or aggravated criminal housing management.
(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 Section, shall the owner contract with anyone who is not a licensed
contractor, except that a contractor need not be licensed if neither the State nor the county, township, or municipality where the residential real estate is located requires that the contractor be licensed. 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).
For the purposes of this Section, "licensed contractor" means: (i) a contractor licensed by the State, if the State requires the licensure of the contractor; or (ii) a contractor licensed by the county, township, or municipality where the residential real estate is located, if that jurisdiction requires the licensure of the contractor. (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 Circuit 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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.3)
(was 720 ILCS 5/12-2.6)
Sec. 12-5.3. Use of a dangerous place for the commission of a controlled
substance or cannabis offense. (a) A person commits 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 | ||
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(2) the place used or intended to be used to | ||
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(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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.5)
Sec. 12-5.5. Common carrier recklessness. (a) A person commits common carrier recklessness when he or she, having
personal management or control of or over a
public conveyance used for the common carriage of persons, recklessly endangers the safety of others. (b) Sentence. Common carrier recklessness is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.15)
(This Section was renumbered as Section 12-5.1a by P.A. 96-1551.) Sec. 12-5.15. (Renumbered).
(Source: P.A. 93-852, eff. 8-2-04. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 12, Subdiv. 15 heading) SUBDIVISION 15. INTIMIDATION
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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 or she communicates to
another, directly or indirectly by any means, a
threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or | ||
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(2) Subject any person to physical confinement or | ||
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(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or | ||
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(6) Take action as a public official against anyone | ||
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(7) Bring about or continue a strike, boycott or | ||
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(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. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
(This Section was renumbered as Section 12-6.5 by P.A. 96-1551.) Sec. 12-6.1.
(Renumbered).
(Source: P.A. 91-696, eff. 4-13-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-6.2)
Sec. 12-6.2. Aggravated intimidation.
(a) A person commits aggravated intimidation when he or she
commits intimidation and:
(1) the person committed the offense in furtherance | ||
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(2) the offense is committed with the intent to | ||
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(3) the following conditions are met:
(A) the person knew that the victim was a peace | ||
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(B) the offense was committed: (i) while the victim was engaged in the | ||
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(ii) to prevent the victim from performing | ||
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(iii) in retaliation for the victim's | ||
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(iv) by reason of any person's activity as a | ||
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(v) because the person reported information | ||
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(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) (Blank).
(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12-6.3)
(This Section was renumbered as Section 12-3.5 by P.A. 96-1551.) Sec. 12-6.3.
(Renumbered).
(Source: P.A. 90-118, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-6.4) Sec. 12-6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds and criminal street gang recruitment of a minor. (a) A person commits 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 knowingly 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. (a-5) A person commits the offense of criminal street gang recruitment of a minor when 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, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device. (b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony and criminal street gang recruitment of a minor is a Class 1 felony. (c) In this Section: "School grounds" means the building or buildings or | ||
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"Minor" means any person under 18 years of age. "Internet" means an interactive computer service or | ||
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"Telecommunications device" means a device that is | ||
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(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-6.5) (was 720 ILCS 5/12-6.1)
Sec. 12-6.5. Compelling organization membership
of persons. A person who knowingly, 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 knowingly, 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. 96-1551, eff. 7-1-11.)
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(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
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. 96-1551, eff. 7-1-11.)
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(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, citizenship, immigration status, or national origin of another individual or
group of individuals, regardless of the existence of any other motivating
factor or factors, he or she commits assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor
theft, criminal trespass to residence, misdemeanor criminal damage
to property, criminal trespass to vehicle, criminal trespass to real property,
mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic
communications as these crimes are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.
(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, or upon the exterior or grounds of, a church, | ||
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(2) in a cemetery, mortuary, or other facility used | ||
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(3) in a school or other educational facility, | ||
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(4) in a public park or an ethnic or religious | ||
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(5) on the real property comprising any location | ||
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(6) on a public way within 1,000 feet of the real | ||
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(b-10) Upon imposition of any sentence,
the trial
court shall also either order restitution paid to the victim
or impose a fine in an amount to be determined by the court based on the severity of the crime and the injury or damages suffered by the victim. 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. 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 enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed. The educational program must be attended by the offender in-person and may be administered, as determined by the court, by a university, college, community college, non-profit organization, the Illinois Holocaust and Genocide Commission, or any other organization that provides educational programs discouraging hate crimes, except that programs administered online or that can otherwise be attended remotely are prohibited. The court may also
impose any other condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment or periodic imprisonment for a violation of this Section, as a condition of the offender's mandatory supervised release, the court shall require that the offender perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any
person suffering injury to his or her person, damage to his or her property, intimidation as defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6 of this Code, stalking as defined in Section 12-7.3 of this Code, cyberstalking as defined in Section 12-7.5 of this Code, disorderly conduct as defined in paragraph (a)(1), (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, transmission of obscene messages as defined in Section 26.5-1 of this Code, harassment by telephone as defined in Section 26.5-2 of this Code, or harassment through electronic communications as defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as a result
of a 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, as well as punitive damages. The court may impose a civil penalty up to $25,000 for each violation of this subsection (c). A judgment in favor of a person who brings a civil action under this subsection (c) shall include
attorney's fees and costs. After consulting with the local State's Attorney, the Attorney General may bring a civil action in the name of the People of the State for an injunction or other equitable relief under this subsection (c). In addition, the Attorney General may request and the court may impose a civil penalty up to $25,000 for each violation under this subsection (c). 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 all 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" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act.
(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(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.)
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(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 engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a | ||
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(2) suffer other emotional distress. (a-3) 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 | ||
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(2) places that person in reasonable apprehension of | ||
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(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 | ||
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(2) transmits a threat of immediate or future bodily | ||
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(a-7) A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech. (b) Sentence.
Stalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) Definitions. For purposes of this Section: (1) "Course of conduct" means 2 or more acts, | ||
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(2) "Electronic communication" means any transfer of | ||
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(3) "Emotional distress" means significant mental | ||
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(4) "Family member" means a parent, grandparent, | ||
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(5) "Follows another person" means (i) to move in | ||
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(6) "Non-consensual contact" means any contact with | ||
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(7) "Places a person under surveillance" means: (1) | ||
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(8) "Reasonable person" means a person in the | ||
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(9) "Transmits a threat" means a verbal or written | ||
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(d) Exemptions. (1) This Section does not apply to any individual or | ||
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(2) This Section does not apply to an exercise of the | ||
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(3) Telecommunications carriers, commercial mobile | ||
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(d-5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a
threat is not a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (Source: P.A. 102-547, eff. 1-1-22.)
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(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 commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order | ||
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(a-1) A person commits
aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim. (b) Sentence. Aggravated stalking is a Class 3 felony; a second or
subsequent conviction is a Class 2
felony.
(c) Exemptions. (1) This Section does not apply to any individual or | ||
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(2) This Section does not apply to an exercise of the | ||
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(3) Telecommunications carriers, commercial mobile | ||
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(d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to: (1) fear for his or her safety or the safety of a | ||
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(2) suffer other emotional distress. (a-3) 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 | ||
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(2) places that person or a family member of that | ||
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(3) at any time knowingly solicits the commission of | ||
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(a-4) A person commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification, installs or otherwise places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and: (1) at any time transmits a threat of immediate or | ||
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(2) places that person or a family member of that | ||
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(3) at any time knowingly solicits the commission of | ||
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For purposes of this Section, an installation or placement is not surreptitious if: (1) with respect to electronic software, hardware, or | ||
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(2) written or electronic consent of all owners and | ||
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(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and: (1) which communicates a threat of immediate or | ||
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(2) which places that person or a family member of | ||
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(3) which knowingly solicits the commission of an act | ||
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(b) Sentence. Cyberstalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) For purposes of this Section: (0.5) "Anxiety" means excessive worry and | ||
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(1)
restlessness or feeling keyed up or on edge; (2)
easily fatigued; (3) difficulty concentrating or mind going | ||
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(4)
irritability; (5)
muscle tension; and (6) sleep disturbance such as difficulty falling | ||
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The anxiety, worry, or physical symptoms cause | ||
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(1) "Course of conduct" means 2 or more acts, | ||
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(2) "Electronic communication" means any transfer of | ||
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(2.1) "Electronic communication device" means an | ||
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(2.2) "Electronic monitoring software or spyware" | ||
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(3) "Emotional distress" means significant mental | ||
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(4) "Harass" means to engage in a knowing and willful | ||
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(5) "Non-consensual contact" means any contact with | ||
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(6) "Reasonable person" means a person in the | ||
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(7) "Third party" means any person other than the | ||
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(d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (f) It is not a violation of this Section to: (1) provide, protect, maintain, update, or upgrade | ||
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(2) interfere with or prohibit terms or conditions | ||
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(3) create any liability by reason of terms or | ||
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(Source: P.A. 103-183, eff. 1-1-24.)
|
(720 ILCS 5/12-7.6)
Sec. 12-7.6. Cross burning.
(a) A person commits cross burning when he or she, 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. 96-1551, eff. 7-1-11.) |
(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)
Sec. 12-9. Threatening public officials; human service providers.
(a) A person commits threatening a public official or human service provider when:
(1) that person knowingly delivers or conveys, | ||
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(i) containing a threat that would place the | ||
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(ii) containing a threat that would place the | ||
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(2) the threat was conveyed because of the | ||
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(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.
(a-6) For purposes of a threat to a social worker, caseworker, investigator, or human service provider, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm. (b) For purposes of this Section:
(1) "Public official" means a person who is elected | ||
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(1.5) "Human service provider" means a social | ||
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(2) "Immediate family" means a public official's | ||
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(c) Threatening a public official or human service provider is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent offense.
(Source: P.A. 100-1, eff. 1-1-18.)
|
(720 ILCS 5/Art. 12, Subdiv. 20 heading) SUBDIVISION 20. MUTILATION
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-10) (from Ch. 38, par. 12-10)
(This Section was renumbered as Section 12C-35 by P.A. 97-1109.) Sec. 12-10. (Renumbered).(Source: P.A. 94-684, eff. 1-1-06. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-10.1)
(This Section was renumbered as Section 12C-40 by P.A. 97-1109.) Sec. 12-10.1. (Renumbered).
(Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(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 knowingly 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. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-10.3) Sec. 12-10.3. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor. (a) A person, other than the parent or legal guardian of a minor, commits the offense of false representation to a tattoo or body piercing business as the parent or legal guardian of a minor when he or she falsely represents himself or herself as the parent or legal guardian of the minor to an owner or employee of a tattoo or body piercing business for the purpose of: (1) accompanying the minor to a business that | ||
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(2) accompanying the minor to a business that | ||
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(3) furnishing the written consent required under | ||
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(b) Sentence. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor is a Class C misdemeanor.
(Source: P.A. 96-1311, eff. 1-1-11.) |
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11) (This Section was renumbered as Section 19-6 by P.A. 97-1108.) Sec. 12-11. (Renumbered). (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/12-11.1) (from Ch. 38, par. 12-11.1)
(This Section was renumbered as Section 18-6 by P.A. 97-1108.) Sec. 12-11.1.
(Renumbered).
(Source: P.A. 86-1392. Renumbered by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
Sec. 12-12. (Repealed).
(Source: P.A. 96-233, eff. 1-1-10. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
(This Section was renumbered as Section 11-1.20 by P.A. 96-1551.) Sec. 12-13. (Renumbered).
(Source: P.A. 95-640, eff. 6-1-08. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
(This Section was renumbered as Section 11-1.30 by P.A. 96-1551.) Sec. 12-14. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-14.1)
(This Section was renumbered as Section 11-1.40 by P.A. 96-1551.) Sec. 12-14.1. (Renumbered).
(Source: P.A. 95-640, eff. 6-1-08. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
(This Section was renumbered as Section 11-1.50 by P.A. 96-1551.) Sec. 12-15.
(Renumbered).
(Source: P.A. 91-389, eff. 1-1-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
(This Section was renumbered as Section 11-1.60 by P.A. 96-1551.) Sec. 12-16. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
(This Section was renumbered as Section 12-5.01 by P.A. 96-1551.) Sec. 12-16.2.
(Renumbered).
(Source: P.A. 86-897. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
(This Section was renumbered as Section 11-1.70 by P.A. 96-1551.) Sec. 12-17.
(Renumbered).
(Source: P.A. 93-389, eff. 7-25-03. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
(This Section was renumbered as Section 11-1.10 by P.A. 96-1551.) Sec. 12-18. (Renumbered).
(Source: P.A. 97-244, eff. 8-4-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-18.1) (from Ch. 38, par. 12-18.1)
(This Section was renumbered as Section 11-1.80 by P.A. 96-1551.) Sec. 12-18.1. (Renumbered).
(Source: P.A. 96-1551, Article 2, Section 1035, eff. 7-1-11. Renumbered by P.A. 96-1551, Article 2, Section 5, eff. 7-1-11.)
|
(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
Sec. 12-19. (Repealed).(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(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 | ||
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(2) (Blank).
(3) Reimbursement of actual expenses incurred by a | ||
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(4) Payments provided under a plan of insurance or | ||
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(5) Reimbursement of reasonable costs associated with | ||
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(6) Purchase or sale of blood, plasma, blood products | ||
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(7) Purchase or sale of drugs, reagents or other | ||
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(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-20.5)
Sec. 12-20.5. Dismembering a human body.
(a) A person commits 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 | ||
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(2) (blank);
(3) the purchase or sale of drugs, reagents, or other | ||
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(4) persons employed by a county medical examiner's | ||
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(5) the acts of a licensed funeral director or | ||
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(6) the acts of emergency medical personnel or | ||
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(7) physicians licensed to practice medicine in all | ||
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(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; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-20.6) Sec. 12-20.6. Abuse of a corpse. (a) In this Section: "Corpse" means the dead body of a human being. "Sexual conduct" has the meaning ascribed to the term in Section 11-0.1 of this Code. (b) A person commits abuse of a corpse if he or she intentionally: (1) engages in sexual conduct with a corpse or | ||
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(2) removes or carries away a corpse and is not | ||
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(c) Sentence. (1) A person convicted of violating paragraph (1) of | ||
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(2) A person convicted of violating paragraph (2) of | ||
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(d) Paragraph (2) of subsection (b) of this Section does not apply to: (1) persons employed by a county medical examiner's | ||
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(2) the acts of a licensed funeral director or | ||
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(3) cemeteries and cemetery personnel while | ||
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(4) the acts of emergency medical personnel or | ||
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(5) physicians licensed to practice medicine in all | ||
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(6) removing or carrying away a corpse by the | ||
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(Source: P.A. 97-1072, eff. 8-24-12.) |
(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
Sec. 12-21. (Repealed).(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-21.5)
(This Section was renumbered as Section 12C-10 by P.A. 97-1109.) Sec. 12-21.5.
(Renumbered).
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-21.6)
(This Section was renumbered as Section 12C-5 by P.A. 97-1109.) Sec. 12-21.6.
(Renumbered).
(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. Renumbered by 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-21.6-5) Sec. 12-21.6-5. Parent or guardian leaving custody or control of child with child sex offender. (a) For the purposes of this Section, "minor" means a person under 18 years of age; and "child sex offender" means a sex offender who is required to register under the Sex Offender Registration Act and is a child sex offender as defined in Sections 11-9.3 and 11-9.4 of this Code. (b) It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor. (c) This Section does not apply to leaving the minor in the custody or control of, or allowing unsupervised access to the minor by: (1) a child sex offender who is the parent of the | ||
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(2) a person convicted of a violation of subsection | ||
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(3) a child sex offender who is married to and | ||
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This subsection (c) shall not be construed to allow a child sex offender to knowingly reside within 500 feet of the minor victim of the sex offense if prohibited by subsection (b-6) of Section 11-9.4 of this Code. (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor. (e) Nothing in this Section shall prohibit the filing of a petition or the instituting of any proceeding under Article II of the Juvenile Court Act of 1987 relating to abused minors.
(Source: P.A. 96-1094, eff. 1-1-11.) |
(720 ILCS 5/12-21.7)
Sec. 12-21.7. (Repealed).
(Source: P.A. 94-12, eff. 1-1-06. Repealed by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12-22)
(This Section was renumbered as Section 12C-15 by P.A. 97-1109.) Sec. 12-22.
(Renumbered).
(Source: P.A. 88-479. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
(This Section was renumbered as Section 12-3.4 by P.A. 96-1551.)
Sec. 12-30. (Renumbered). (Source: P.A. 97-311, eff. 8-11-11. Renumbered by P.A. 96-1551, Article 1, Section 5, eff. 7-1-11.)
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(720 ILCS 5/12-31) (from Ch. 38, par. 12-31)
(This Section was renumbered as Section 12-34.5 by P.A. 96-1551.) Sec. 12-31.
(Renumbered).
(Source: P.A. 88-392. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
Sec. 12-32. Ritual mutilation.
(a) A person commits ritual mutilation when he or she
knowingly mutilates, dismembers or tortures another person as part of a ceremony, rite,
initiation, observance, performance or practice, and the victim did not consent
or under such circumstances that the defendant knew or should have known that
the victim was unable to render effective consent.
(b) Ritual mutilation does not include the practice of
male circumcision or a ceremony, rite, initiation, observance, or
performance related thereto.
(c) Sentence. Ritual mutilation is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
Sec. 12-33. Ritualized abuse of a child.
(a) A person commits ritualized abuse of a child when he or she
knowingly commits any of the following acts with, upon, or in the presence of a child
as part of a ceremony, rite or any similar observance:
(1) actually or in simulation, tortures, mutilates, | ||
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(2) forces ingestion, injection or other application | ||
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(3) forces ingestion, or external application, of | ||
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(4) involves the child in a mock, unauthorized or | ||
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(5) places a living child into a coffin or open grave | ||
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(6) threatens death or serious harm to a child, his | ||
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(7) unlawfully dissects, mutilates, or incinerates a | ||
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(b) The provisions of this Section shall not be construed to apply to:
(1) lawful agricultural, animal husbandry, food | ||
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(2) the lawful medical practice of male circumcision | ||
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(3) any state or federally approved, licensed, or | ||
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(4) the ingestion of animal flesh or blood in the | ||
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(b-5) For the purposes of this Section, "child" means any person under 18 years of age. (c) Ritualized abuse of a child is a Class 1 felony for a first
offense. A second or subsequent conviction for ritualized abuse of a child
is a Class X felony for which an offender who has attained the age of 18 years at the time of the commission of the offense may be sentenced to a term of
natural life imprisonment and an offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(d) (Blank).
(Source: P.A. 99-69, eff. 1-1-16.)
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(720 ILCS 5/12-34)
Sec. 12-34. Female genital mutilation.
(a) Except as otherwise permitted in subsection (b), whoever knowingly
circumcises, excises, or infibulates, in whole or in part, the labia majora,
labia minora, or clitoris of another commits female genital
mutilation. Consent to the procedure by a minor on whom it is performed or by
the minor's parent or guardian is not a defense to a violation of this Section.
(a-5) A parent, guardian, or other person having physical custody or control of a child who knowingly facilitates or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of the child commits female genital mutilation. (b) A surgical procedure is not a violation of subsection (a) if the
procedure is performed by a physician licensed to practice medicine in all its branches and:
(1) is necessary to the health of the person on whom | ||
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(2) is performed on a person who is in labor or who | ||
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(c) Sentence. Female genital mutilation as described in subsection (a) is a Class X felony. Female genital mutilation as described in subsection (a-5) is a Class 1 felony.
(Source: P.A. 101-285, eff. 1-1-20.)
|
(720 ILCS 5/Art. 12, Subdiv. 25 heading)
SUBDIVISION 25. OTHER HARM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-34.5) (was 720 ILCS 5/12-31)
Sec. 12-34.5. Inducement to commit suicide.
(a) A person commits inducement to commit suicide when he or she does either of the
following:
(1) Knowingly coerces another to commit suicide and | ||
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(2) With knowledge that another person intends to | ||
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For the purposes of
this Section, "attempts to commit suicide" means any act done with the intent
to
commit suicide and which constitutes a substantial step toward commission of
suicide.
(b) Sentence. Inducement to commit suicide under paragraph (a)(1) when
the other person
commits suicide as a direct result of the coercion is a Class 2 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
commits suicide as a direct result of the assistance provided is a Class 4
felony.
Inducement to commit suicide under paragraph (a)(1) when the other person
attempts to commit
suicide as a direct result of the coercion is a Class 3 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
attempts to commit suicide as a direct result of the assistance provided is a
Class A misdemeanor.
(c) The lawful compliance or a good-faith attempt at lawful compliance
with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers
of Attorney for Health Care Law is not inducement to commit suicide under
paragraph (a)(2) of this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-35)
Sec. 12-35. Sexual conduct or sexual contact with an animal.
(a) A person may not knowingly engage in any sexual conduct or sexual
contact with an
animal.
(b) A person may not knowingly cause, aid, or abet another person to engage
in any
sexual conduct or sexual contact with an animal.
(c) A person may not knowingly permit any sexual conduct or sexual contact
with an
animal to be conducted on any premises under his or her charge or
control.
(d) A person may not knowingly engage in, promote, aid, or abet any activity
involving any sexual conduct or sexual contact with an animal for
a commercial or recreational purpose.
(e) Sentence. A person who violates this Section is guilty of a Class 4
felony.
A person who violates this Section in the presence of a person under 18 years
of age or causes the animal serious physical injury or death is guilty of a
Class 3
felony.
(f) In addition to the penalty imposed in subsection (e), the court may
order that the defendant do any of the following:
(1) Not harbor animals or reside in any household | ||
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(2) Relinquish and permanently forfeit all animals | ||
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(3) Undergo a psychological evaluation and counseling | ||
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(4) Reimburse the animal shelter or humane society | ||
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(g) Nothing in this Section shall be construed to prohibit accepted animal
husbandry practices or accepted veterinary medical practices by a
licensed veterinarian or certified veterinary technician.
(h) If the court has reasonable grounds to believe that a violation
of this Section has occurred, the court may order
the seizure of
all animals involved in the alleged violation as a condition of bond of a
person charged with a violation of this Section.
(i) In this Section:
"Animal" means every creature, either alive or dead, other than a human
being.
"Sexual conduct" means any knowing touching or
fondling by a person, either directly or through
clothing, of the sex organs or anus of an animal or
any transfer or transmission of semen by the person upon any part of
the animal, for the purpose of sexual
gratification or arousal of the person.
"Sexual contact" means any contact, however slight, between
the sex organ or anus of a person and the sex organ, mouth,
or anus of an animal, or any intrusion, however slight, of any part
of the body of the person into the sex organ
or anus of an animal, for the purpose of sexual gratification or arousal of the
person. Evidence of emission of semen is not
required to prove sexual contact.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-36) Sec. 12-36. Possession of unsterilized or vicious dogs by felons prohibited. (a) For a period of 10 years commencing upon the release of a person from incarceration, it is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Section 26-5 or 48-1 of this Code, a felony violation of Article 24 of this Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, to knowingly own, possess, have custody of, or reside in a residence with, either: (1) an unspayed or unneutered dog or puppy older than | ||
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(2) irrespective of whether the dog has been spayed | ||
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(b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as described in subsection (a), must be microchipped for permanent identification. (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor. (d) It is an affirmative defense to prosecution under this Section that the dog in question is neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the defendant being charged with a violation of this Section. Medical records from, or the certificate of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally examined or operated upon the dog, unambiguously indicating whether the dog in question has been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
(Source: P.A. 96-185, eff. 1-1-10; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/12-37) Sec. 12-37. Possession and sale of caustic and noxious substances. (a) Except as provided in subsection (b), it is unlawful for any person knowingly to have in his or her possession or to carry about any of the substances which are regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and are required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label. (b) Provided that the product is not used to threaten, intimidate, injure, or cause distress to another, the restrictions of subsection (a) do not apply to: (1) persons while engaged in the legitimate | ||
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(2) persons while engaged in legitimate scientific or | ||
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(3) persons who have procured any of the specified | ||
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(4) commercial or consumer products that contain any | ||
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(5) production agriculture as defined in Section 3-5 | ||
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(6) persons while engaged in the possession or | ||
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(7) persons while engaged in the possession, | ||
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(8) persons engaged in the possession, | ||
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(c) Sentence. A violation of this Section is a Class 4 felony. (d) The regulation of the possession and carrying of caustic and noxious substances under this Section is an exclusive power and function of the State. A home rule unit may not regulate the possession and carrying of caustic and noxious substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12.) |
(720 ILCS 5/12-38) Sec. 12-38. Restrictions on purchase or acquisition of corrosive or caustic acid. (a) A person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and is required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, must prior to taking possession: (1) provide a valid driver's license or other | ||
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(2) sign a log documenting the name and address of | ||
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(b) Exemption. The requirements of subsection (a) do not apply to batteries or household products. For the purposes of this Section, "household product" means any product which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household, including, but not limited to, products which are customarily produced and distributed for use in or about a household as a cleaning agent, drain cleaner, pesticide, epoxy, paint, stain, or similar substance. (c) Rules and Regulations. The Illinois State Police shall have the authority to promulgate rules for the implementation and enforcement of this Section. (d) Sentence. Any violation of this Section is a business offense for which a fine not exceeding $150 for the first violation, $500 for the second violation, or $1,500 for the third and subsequent violations within a 12-month period shall be imposed. (e) Preemption. The regulation of the purchase or acquisition, or both, of a caustic or corrosive substance and any registry regarding the sale or possession, or both, of a caustic or corrosive substance is an exclusive power and function of the State. A home rule unit may not regulate the purchase or acquisition of caustic or corrosive substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/Art. 12A heading)
ARTICLE 12A. VIOLENT VIDEO GAMES
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-1)
Sec. 12A-1. Short title.
This Article may be cited as the Violent Video Games Law.(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-5)
Sec. 12A-5. Findings.
(a) The General Assembly finds that minors who play violent video games are more likely to:
(1) Exhibit violent, asocial, or aggressive behavior. (2) Experience feelings of aggression. (3) Experience a reduction of activity in the frontal | ||
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(b) While the video game industry has adopted its own voluntary standards describing which games are appropriate for minors, those standards are not adequately enforced. (c) Minors are capable of purchasing and do purchase violent video games. (d) The State has a compelling interest in assisting parents in protecting their minor children from violent video games.
(e) The State has a compelling interest in preventing violent, aggressive, and asocial behavior. (f) The State has a compelling interest in preventing psychological harm to minors who play violent video games. (g) The State has a compelling interest in eliminating any societal factors that may inhibit the physiological and neurological development of its youth. (h) The State has a compelling interest in facilitating the maturation of Illinois' children into law-abiding, productive adults.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-10)
Sec. 12A-10. Definitions.
For the purposes of this Article, the following terms have the following meanings: (a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. (c) "Minor" means a person under 18 years of age. (d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Violent" video games include depictions of or simulations of human-on-human violence in which the player kills or otherwise causes serious physical harm to another human. "Serious physical harm" includes depictions of death, dismemberment, amputation, decapitation, maiming, disfigurement, mutilation of body parts, or rape.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-15)
Sec. 12A-15. Restricted sale or rental of violent video games. (a) A person who sells, rents, or permits to be sold or rented, any violent video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed. (b) A person who sells, rents, or permits to be sold or rented any violent video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed. (c) A person may not sell or rent, or permit to be sold or rented, any violent video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.
(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-20)
Sec. 12A-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense: (1) that the defendant was a family member of the | ||
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(2) that the minor who purchased the video game | ||
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(3) for the video game retailer, if the retail sales | ||
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(4) that the video game sold or rented was | ||
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(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-25)
Sec. 12A-25. Labeling of violent video games. (a) Video game retailers shall label all violent video games as defined in this Article, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package. (b) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/Art. 12B heading)
ARTICLE 12B. SEXUALLY EXPLICIT VIDEO GAMES
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-1)
Sec. 12B-1. Short title.
This Article may be cited as the Sexually Explicit Video Games Law.(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-5)
Sec. 12B-5. Findings.
The General Assembly finds sexually explicit video games inappropriate for minors and that the State has a compelling interest in assisting parents in protecting their minor children from sexually explicit video games.(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-10)
Sec. 12B-10. Definitions.
For the purposes of this Article, the following terms have the following meanings: (a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
(c) "Minor" means a person under 18 years of age.
(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Sexually explicit" video games include those that the average person, applying contemporary community standards would find, with respect to minors, is designed to appeal or pander to the prurient interest and depict or represent in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-15)
Sec. 12B-15. Restricted sale or rental of sexually explicit video games. (a) A person who sells, rents, or permits to be sold or rented, any sexually explicit video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed. (b) A person who sells, rents, or permits to be sold or rented any sexually explicit video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed. (c) A person may not sell or rent, or permit to be sold or rented, any sexually explicit video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.
(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a sexually explicit video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-20)
Sec. 12B-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense: (1) that the defendant was a family member of the | ||
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(2) that the minor who purchased the video game | ||
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(3) for the video game retailer, if the retail sales | ||
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(4) that the video game sold or rented was | ||
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(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-25)
Sec. 12B-25. Labeling of sexually explicit video games. (a) Video game retailers shall label all sexually explicit video games as defined in this Act, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package. (b) A retailer who fails to comply with this Section is guilty of a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-30)
Sec. 12B-30. Posting notification of video games rating system.
(a) A retailer who sells or rents video games shall post a sign that notifies customers that a video game rating system, created by the Entertainment Software Ratings Board, is available to aid in the selection of a game. The sign shall be prominently posted in, or within 5 feet of, the area in which games are displayed for sale or rental, at the information desk if one exists, and at the point of purchase. (b) The lettering of each sign shall be printed, at a minimum, in 36-point type and shall be in black ink against a light colored background, with dimensions of no less than 18 by 24 inches. (c) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-35)
Sec. 12B-35. Availability of brochure describing rating system.
(a) A video game retailer shall make available upon request a brochure to customers that explains the Entertainment Software Ratings Board ratings system. (b) A retailer who fails to comply with this Section shall receive the punishment described in subsection (b) of Section 12B-25.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/Art. 12C heading) ARTICLE 12C. HARMS TO CHILDREN
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/Art. 12C, Subdiv. 1 heading) SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
Sec. 12C-5. Endangering the life or health of a child.
(a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or
health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life
or health. It is not a violation of this Section for a person to relinquish a child
in accordance with the Abandoned Newborn Infant Protection Act.
(b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left 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) Sentence. 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. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
Sec. 12C-10. Child abandonment.
(a) A person commits 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 permits a child to engage in independent activities that
were unreasonable under the circumstances or for an unreasonable period of time without regard for
the minor's mental or physical health, safety, or well-being. For the purposes of this Section, no specific
age shall be determinative of reasonableness. Reasonableness shall be determined by the maturity of each
individual child. It is not a violation of this Section for a person to relinquish 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 | ||
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(4) the duration of time in which the child was left | ||
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(5) the condition and location of the place where the | ||
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(6) the time of day or night when the child was left | ||
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(7) the weather conditions, including whether the | ||
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(8) the location of the parent, guardian, or other | ||
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(9) whether the child's movement was restricted, or | ||
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(10) whether the child was given a phone number of a | ||
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(11) whether there was food and other provision left | ||
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(12) whether any of the conduct is attributable to | ||
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(13) the age and physical and mental capabilities of | ||
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(14) any other factor that would endanger the health | ||
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(15) whether the child was left under the supervision | ||
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(c) Child abandonment is a Class 4 felony. A second or subsequent offense
after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 103-233, eff. 6-30-23.)
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(720 ILCS 5/12C-15)
(was 720 ILCS 5/12-22)
Sec. 12C-15. Child abandonment or endangerment; 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 12C-10 of this Article or
endangering the life or health of a child under Section 12C-5 of this Article, 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 Illinois 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. 102-538, eff. 8-20-21.)
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(720 ILCS 5/12C-20) Sec. 12C-20. Abandonment of a school bus containing children. (a) A school bus driver commits abandonment of a school bus containing children when he or she knowingly abandons
the school bus while it contains any children who are without other adult
supervision, except in an emergency where the driver is seeking help or
otherwise acting in the best interests of the children. (b) Sentence. A 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. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-25) Sec. 12C-25. Contributing to the dependency and neglect of a minor. (a) Any parent, legal guardian or person having the custody of a child
under the age of 18 years commits contributing to the dependency and neglect of a minor when he or she knowingly: (1) causes, aids, or
encourages such minor to be or to become a dependent and neglected minor; (2) does acts which directly
tend to render any such minor so dependent and neglected; or (3) fails to do that which will directly tend to prevent such state
of dependency and neglect. It is not a violation of this Section for a person
to relinquish a child in accordance with the Abandoned Newborn Infant
Protection Act. (b) "Dependent and neglected minor" means any child who, while under the age of 18 years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be is an unfit place for such child; and any child who while under the age of 10 years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing. (c) Sentence. A violation of this Section is a Class A misdemeanor. (d) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-30)
(was 720 ILCS 5/33D-1)
Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor. (a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent. (b) Contributing to the criminal delinquency of a
minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with
the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is
either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
(c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense. (d) Sentence. (1) A violation of subsection (a) is a Class A | ||
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(2) A violation of subsection (b) is: (i) a Class C misdemeanor if the offense | ||
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(ii) a Class B misdemeanor if the offense | ||
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(iii) a Class A misdemeanor if the offense | ||
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(iv) a Class 4 felony if the offense committed is | ||
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(v) a Class 3 felony if the offense committed is | ||
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(vi) a Class 2 felony if the offense committed is | ||
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(vii) a Class 1 felony if the offense committed | ||
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(viii) a Class X felony if the offense committed | ||
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(3) A violation of subsection (b) incurs the same | ||
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(e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/Art. 12C, Subdiv. 5 heading) SUBDIVISION 5. BODILY HARM OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
Sec. 12C-35. Tattooing the body of a minor. (a) A person, other than a person
licensed
to practice medicine in all its branches, commits tattooing the body of a minor when he or she knowingly or recklessly tattoos or offers to tattoo
a person under the age of 18.
(b) A person who is an owner or employee of 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. (c) "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. (d-5) Subsections (a) and (b) of this Section do not apply to the removal of a tattoo from a person under 18 years of age, who is a victim of a violation of Section 10-9 of this Code or who is or has been a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, if the removal of the tattoo is performed in an establishment or multi-type establishment which has received a certificate of registration from the Department of Public Health or its agent under the Tattoo and Body Piercing Establishment Registration Act and the removal of the tattoo is performed by the operator or an authorized employee of the operator of the establishment or multi-type establishment. For the purposes of this subsection (d-5), "tattoo" also means the indelible mark or figure visible through the skin created by tattooing. (e) Sentence. A violation of this Section is a Class A misdemeanor.(Source: P.A. 97-1109, eff. 1-1-13; 98-936, eff. 8-15-14.)
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(720 ILCS 5/12C-40)
(was 720 ILCS 5/12-10.1)
Sec. 12C-40. Piercing the body of a minor.
(a)(1) A person commits piercing the body of a minor when he or she knowingly or recklessly pierces the body of a person under 18
years of age without written consent of a parent or legal guardian of that
person. 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.
(2) A 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.
(b) "Pierce" means to make a hole
in the body 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. The term "body" includes the oral cavity.
(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.
(d) Sentence. A violation of this Section is a Class A misdemeanor. (Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12C-45)
(was 720 ILCS 5/12-4.9)
Sec. 12C-45. Drug induced infliction of harm to a child
athlete.
(a) A person commits drug induced infliction of harm to a child athlete when he or she knowingly distributes a drug
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.
(b) 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 or to the sale of drugs or products by
a retail merchant.
(c) Drug induced infliction of harm to a child athlete is a
Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12C-50) (Text of Section before amendment by P.A. 103-765) Sec. 12C-50. Hazing. (a) A person commits hazing when he or she knowingly requires the
performance of
any act by a student or other person in a school, college, university, or other
educational institution of this State, for the purpose of induction or
admission into any group, organization, or society associated or connected with
that institution, if: (1) the act is not sanctioned or authorized by that | ||
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(2) the act results in bodily harm to any person. (b) Sentence. Hazing is a Class A misdemeanor, except that hazing that
results in death or great bodily harm is a Class 4 felony. (Source: P.A. 97-1109, eff. 1-1-13.) (Text of Section after amendment by P.A. 103-765) Sec. 12C-50. Hazing. (a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution, if: (1) the act is not sanctioned or authorized by that | ||
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(2) the act results in bodily harm to any person. (a-1) It is not a defense to a prosecution under subsection (a) that the person against whom the hazing was directed consented to or acquiesced in the hazing. (b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony. (Source: P.A. 103-765, eff. 1-1-25.) |
(720 ILCS 5/12C-50.1) Sec. 12C-50.1. Failure to report hazing. (a) For purposes of this Section, "school official" includes any and all paid school administrators, teachers, counselors, support staff, and coaches and any and all volunteer coaches employed by a school, college, university, or other educational institution of this State. (b) A school official commits failure to report hazing when: (1) while fulfilling his or her official | ||
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(2) the act results in bodily harm to any person; and (3) the school official knowingly fails to report the | ||
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(c) Sentence. Failure to report hazing is a Class B misdemeanor. If the act which the person failed to report resulted in death or great bodily harm, the offense is a Class A misdemeanor. (d) It is an affirmative defense to a charge of failure to report hazing under this Section that the person who personally observed the act had a reasonable apprehension that timely action to stop the act would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting. (e) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of hazing and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-393, eff. 8-16-13.) |
(720 ILCS 5/Art. 12C, Subdiv. 10 heading) SUBDIVISION 10. CURFEW OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-60) Sec. 12C-60. Curfew. (a) Curfew offenses. (1) A minor commits a curfew offense when he or she | ||
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(2) A parent or guardian of a minor or other person | ||
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(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was: (1) accompanied by the minor's parent or guardian or | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity or going to or | ||
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(5) involved in an emergency; (6) on the sidewalk abutting the minor's residence or | ||
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(7) attending an official school, religious, or other | ||
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(8) exercising First Amendment rights protected by | ||
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(9) married or had been married or is an emancipated | ||
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(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section: (1) "Curfew hours" means: (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; | ||
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(C) Between 11:00 p.m. on Sunday to Thursday, | ||
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(2) "Emergency" means an unforeseen combination of | ||
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(3) "Establishment" means any privately-owned place | ||
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(4) "Guardian" means: (A) a person who, under court order, is the | ||
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(B) a public or private agency with whom a minor | ||
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(5) "Minor" means any person under 17 years of age. (6) "Parent" means a person who is: (A) a natural parent, adoptive parent, or | ||
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(B) at least 18 years of age and authorized by a | ||
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(7) "Public place" means any place to which the | ||
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(8) "Remain" means to: (A) linger or stay; or (B) fail to leave premises when requested to do | ||
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(9) "Serious bodily injury" means bodily injury that | ||
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(e) Sentence. A violation of this Section
is a petty offense with a fine of not less than
$10 nor
more than $500, except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's legal guardian,
shall be subject to any fine. In addition to or instead of the
fine imposed
by this Section, the court may order a parent, legal guardian, or other person
convicted of a violation of subsection (a) of this
Section to perform community service as determined by the court, except that
the legal guardian of a person subject to delinquency proceedings or who has been made a ward of the court under the
Juvenile Court Act of 1987 may not be ordered to perform community service.
The dates and
times established for the performance of community service by the parent, legal
guardian, or other person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the person is
employed in his or her regular occupation. Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (f) County, municipal and other local boards and bodies authorized to
adopt local police laws and regulations under the constitution and laws of
this State may exercise legislative or regulatory authority over this
subject matter by ordinance or resolution incorporating the substance of
this Section or increasing the requirements thereof or otherwise not in
conflict with this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-379, eff. 7-28-23.) |
(720 ILCS 5/Art. 12C, Subdiv. 15 heading) SUBDIVISION 15. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-65)
(was 720 ILCS 5/44-2 and 5/44-3)
Sec. 12C-65. Unlawful transfer of a telecommunications device to a minor. (a) A person commits unlawful transfer of a
telecommunications device to a minor when he or she gives, sells or otherwise
transfers possession of a telecommunications device to a person under 18
years of age with the intent that the device be used to commit any offense
under this Code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) "Telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts. (c) Sentence. A violation of this Section is a
Class A misdemeanor.
(d) Seizure and forfeiture of property. Any person who commits the offense of unlawful transfer of a telecommunications device to a minor as set forth in this Section is subject to the property forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12C-70) Sec. 12C-70. Adoption compensation prohibited. (a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution,
society, or other organization, except a child welfare agency as defined by
the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of
value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969. (b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value,
directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or other
organization except a child welfare agency as defined by the Child Care
Act of 1969. (c) Certain payments of salaries and medical expenses not prevented. (1) The provisions of this Section shall not be | ||
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(2) The provisions of this Section shall not be | ||
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(3) The provisions of this Section shall not be | ||
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(d) Payment of certain expenses. (1) A prospective adoptive parent shall be permitted | ||
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"Reasonable living expenses" means those expenses | ||
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(2)(A) The prospective adoptive parents may seek | ||
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(B) Notwithstanding clause (2)(A) of this subsection | ||
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(C) If the court finds an accounting by the | ||
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(3) Payments under this subsection (d) shall be | ||
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(4) Payment of their reasonable living expenses, as | ||
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(5) Notwithstanding paragraph (4) of this subsection | ||
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(6) No person or entity shall offer, provide, or | ||
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(7) Within 14 days after the completion of all | ||
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(8) If the placement of a child for adoption is made | ||
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(9) The prospective adoptive parents shall be | ||
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(10) The court may appoint a guardian ad litem for an | ||
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(11) The provisions of this subsection (d) apply to a | ||
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(e) Injunctive relief. (A) Whenever it appears that any person, agency, | ||
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(B) Whenever it appears that any person, agency, | ||
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(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a
Class 3 felony. (g) "Adoption services" has the meaning given that term in the Child Care Act of 1969. (h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care. (i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/Art. 14 heading) ARTICLE 14.
EAVESDROPPING
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(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definitions.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used to hear or
record oral conversation or intercept, or transcribe electronic
communications whether such conversation or electronic communication is
conducted in person,
by telephone, or by any other means; Provided, however, that this
definition shall not include devices used for the restoration of the deaf
or hard-of-hearing to normal or partial hearing.
(b) Eavesdropper.
An eavesdropper is any person, including any law enforcement officer and any party to a private conversation, who
operates or participates in the operation of any eavesdropping device
contrary to the provisions of this Article or who acts as a principal, as defined in this Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses an | ||
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(2) Knowingly derives any benefit or information from | ||
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(3) Directs another to use an eavesdropping device | ||
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(d) Private conversation.
For the purposes of this Article, "private conversation" means any oral
communication between 2 or more persons, whether in person or transmitted between the parties by wire or other means, when one or more of
the parties intended the communication to be of a private nature under
circumstances reasonably justifying that expectation. A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution.
(e) Private electronic communication.
For purposes of this Article, "private electronic communication" means any
transfer of signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or part by a wire, radio, pager, computer,
electromagnetic, photo electronic or photo optical system, when the sending
or receiving party intends the electronic communication to be private under circumstances reasonably justifying that expectation. A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution. Electronic communication does not include any communication
from a tracking device. (f) Bait car. For purposes of this Article, "bait car" means any motor vehicle that is not occupied by a law enforcement officer and is used by a law enforcement agency to deter, detect, identify, and assist in the apprehension of an auto theft suspect in the act of stealing a motor vehicle.
(g) Surreptitious. For purposes of this Article, "surreptitious" means obtained or made by stealth or deception, or executed through secrecy or concealment. (Source: P.A. 98-1142, eff. 12-30-14.)
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(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
Sec. 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he or she knowingly and intentionally:
(1) Uses an eavesdropping device, in a surreptitious | ||
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(2) Uses an eavesdropping device, in a surreptitious | ||
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(3) Intercepts, records, or transcribes, in a | ||
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(4) Manufactures, assembles, distributes, or | ||
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(5) Uses or discloses any information which he or she | ||
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(a-5) It does not constitute a violation of this Article to surreptitiously use an eavesdropping device to overhear, transmit, or record a private conversation, or to surreptitiously intercept, record, or transcribe a private electronic communication, if the overhearing, transmitting, recording, interception, or transcription is done in accordance with Article 108A or Article 108B of the Code of Criminal Procedure of 1963.
(b) It is an affirmative defense to a charge brought under this
Article relating to the interception of a privileged communication that the
person charged:
1. was a law enforcement officer acting pursuant to | ||
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2. at the time the communication was intercepted, the | ||
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3. stopped the interception within a reasonable time | ||
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4. did not disclose the contents of the communication.
(c) It is not unlawful for a manufacturer or a supplier of
eavesdropping devices, or a provider of wire or electronic communication
services, their agents, employees, contractors, or venders to manufacture,
assemble, sell, or possess an eavesdropping device within the normal course of
their business for purposes not contrary to this Article or for law enforcement
officers and employees of the Illinois Department of Corrections to
manufacture, assemble, purchase, or possess an eavesdropping device
in preparation for or within the course of their official duties.
(d) The interception, recording, or transcription of an electronic
communication by an employee of a penal institution is not
prohibited under this Act, provided that the interception, recording, or
transcription is:
(1) otherwise legally permissible under Illinois law;
(2) conducted with the approval of the penal | ||
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(3) within the scope of the employee's official | ||
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For the purposes of this subsection (d), "penal institution" has the meaning ascribed to it in clause (c)(1) of Section 31A-1.1.
(e) Nothing in this Article shall prohibit any individual, not a law enforcement officer, from recording a law enforcement officer in the performance of his or her duties in a public place or in circumstances in which the officer has no reasonable expectation of privacy. However, an officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order. (Source: P.A. 98-1142, eff. 12-30-14; 99-352, eff. 1-1-16.)
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(720 ILCS 5/14-3) Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article: (a) Listening to radio, wireless electronic | ||
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(b) Hearing conversation when heard by employees of | ||
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(c) Any broadcast by radio, television or otherwise | ||
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(d) Recording or listening with the aid of any device | ||
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(e) Recording the proceedings of any meeting required | ||
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(f) Recording or listening with the aid of any device | ||
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(g) With prior notification to the State's Attorney | ||
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(g-5) (Blank); (g-6) With approval of the State's Attorney of the | ||
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(h) Recordings made simultaneously with the use of an | ||
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For the purposes of this subsection (h), "enforcement | ||
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(h-5) Recordings of utterances made by a person while | ||
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(h-10) Recordings made simultaneously with a video | ||
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(h-15) Recordings made under subsection (h), (h-5), | ||
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(i) Recording of a conversation made by or at the | ||
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(j) The use of a telephone monitoring device by | ||
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(i) the monitoring is used for the purpose of | ||
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(ii) the monitoring is used with the consent of | ||
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No communication or conversation or any part, | ||
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When recording or listening authorized by this | ||
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Business entities that use a telephone monitoring or | ||
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Business entities that use a telephone monitoring or | ||
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For the purposes of this subsection (j), "telephone | ||
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(i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or | ||
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(iii) assisting in the use of goods or services; | ||
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(iv) engaging in the solicitation, | ||
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For the purposes of this subsection (j), "marketing | ||
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(k) Electronic recordings, including but not limited | ||
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(l) Recording the interview or statement of any | ||
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(m) An electronic recording, including but not | ||
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Recordings made pursuant to this subsection (m) shall | ||
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(n) Recording or listening to an audio transmission | ||
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(o) The use of an eavesdropping camera or audio | ||
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(p) Recording or listening with the aid of any device | ||
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(q)(1) With prior request to and written or verbal | ||
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(2) Request for approval. To invoke the exception | ||
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(A) his or her full or partial name, nickname or | ||
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(B) a physical description; or (C) failing either (A) or (B) of this paragraph | ||
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(3) Limitations on approval. Each written approval | ||
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(A) a recording or interception conducted by a | ||
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(B) recording or intercepting conversations with | ||
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(C) a reasonable period of time but in no event | ||
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(D) the written request for approval, if | ||
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(3.5) The written memorialization of the request for | ||
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(3.10) Beginning March 1, 2015, each State's Attorney | ||
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(A) the number of requests for each qualified | ||
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(B) the number of approvals for each qualified | ||
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(4) Admissibility of evidence. No part of the | ||
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(A) the qualified offense for which approval was | ||
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(B) a forcible felony committed directly in the | ||
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(C) any other forcible felony committed while the | ||
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(5) Compliance with the provisions of this | ||
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(6) Use of recordings or intercepts unrelated to | ||
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(6.5) The Illinois State Police shall adopt rules as | ||
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(7) Definitions. For the purposes of this subsection | ||
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"Forcible felony" includes and is limited to | ||
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"Qualified offense" means and is limited to: (A) a felony violation of the Cannabis | ||
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(i) Section 4 of the Cannabis Control Act; (ii) Section 402 of the Illinois | ||
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(iii) Section 60 of the Methamphetamine | ||
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(B) first degree murder, solicitation of | ||
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"State's Attorney" includes and is limited to the | ||
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(8) Sunset. This subsection (q) is inoperative on | ||
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(9) Recordings, records, and custody. Any private | ||
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(r) Electronic recordings, including but not limited | ||
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(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-918, eff. 5-27-22.) |
(720 ILCS 5/14-3A)
Sec. 14-3A.
Recordings, records, and custody.
(a) Any private oral communication intercepted in accordance with subsection
(g) of Section 14-3 shall, if practicable, be recorded by tape or other
comparable method. The recording shall, if practicable, be done in such a way
as will protect it from editing or other alteration. During an interception,
the interception shall be carried out by a law enforcement officer, and the
officer shall keep a signed, written record, including:
(1) The day and hours of interception or recording;
(2) The time and duration of each intercepted | ||
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(3) The parties, if known, to each intercepted | ||
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(4) A summary of the contents of each intercepted | ||
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(b) Both the written record of the interception or recording and any and all
recordings of the interception or recording shall immediately be inventoried
and shall be maintained where the chief law enforcement officer of the county
in which the interception or recording occurred directs. The written records
of the interception or recording conducted under subsection (g)
of Section 14-3 shall not be destroyed except upon an order of a court of
competent jurisdiction and in any event shall be kept for 10 years.
(Source: P.A. 88-677, eff. 12-15-94.)
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(720 ILCS 5/14-3B)
Sec. 14-3B.
Notice of interception or recording.
(a) Within a reasonable time, but not later than 60 days after the
termination of the investigation for which the interception or recording was
conducted, or immediately upon the initiation of
criminal proceedings, the person who was the subject of an interception or
recording under subsection (g) of Section 14-3 shall be served with an
inventory that shall include:
(1) Notice to any person who was the subject of the | ||
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(2) Notice of any interception or recording if the | ||
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(3) The date of the interception or recording;
(4) The period of interception or recording; and
(5) Notice of whether during the period of | ||
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(b) A court of competent jurisdiction, upon filing of a motion, may in its
discretion make available to those persons or their attorneys for inspection
those portions of the intercepted communications as the court determines to be
in the interest of justice.
(Source: P.A. 88-677, eff. 12-15-94.)
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(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. Sentence.
(a) Eavesdropping, for a first offense, is a Class 4 felony and, for a
second or subsequent offense, is a Class 3 felony.
(b) The eavesdropping of an oral conversation or an electronic
communication of any law enforcement officer, State's Attorney, Assistant
State's Attorney, the Attorney General, Assistant Attorney General, or a judge,
while in the performance of his or her official duties, if not authorized by
this Article or proper court order, is a Class 3 felony, and for a second or subsequent offense, is a Class 2 felony.
(Source: P.A. 98-1142, eff. 12-30-14.)
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(720 ILCS 5/14-5) (from Ch. 38, par. 14-5)
Sec. 14-5. Evidence
inadmissible. Any evidence obtained in violation of this Article is not admissible in
any civil or criminal trial, or any administrative or legislative inquiry
or proceeding, nor in any grand jury proceedings; provided, however, that
so much of the contents of an alleged unlawfully intercepted, overheard or
recorded conversation as is clearly relevant, as determined as a matter of
law by the court in chambers, to the proof of such allegation may be
admitted into evidence in any criminal trial or grand jury proceeding
brought against any person charged with violating any provision of this
Article. Nothing in this Section bars admission of evidence if all parties to the private conversation or private electronic communication consent to admission of the evidence.
(Source: P.A. 98-1142, eff. 12-30-14.)
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(720 ILCS 5/14-6) (from Ch. 38, par. 14-6)
Sec. 14-6. Civil
remedies to injured parties.
(1) Any or all parties to any conversation or electronic communication upon which eavesdropping is
practiced contrary to this Article shall be entitled to the following
remedies:
(a) To an injunction by the circuit court prohibiting | ||
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(b) To all actual damages against the eavesdropper or | ||
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(c) To any punitive damages which may be awarded by | ||
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(d) To all actual damages against any landlord, owner | ||
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(e) To any punitive damages which may be awarded by | ||
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(2) No cause of action shall lie in any court against any common
carrier by wire or its officers, agents or employees for providing
information, assistance or facilities in accordance with the terms of a
court order entered under Article 108A of the Code of Criminal Procedure of 1963.
(3) No civil claim, cause of action, or remedy shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications through access to their minor's electronic accounts during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. This provision does not diminish the protections given to electronic accounts of a minor under any existing law other than this Article.(Source: P.A. 98-268, eff. 1-1-14.)
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(720 ILCS 5/14-7) (from Ch. 38, par. 14-7)
Sec. 14-7.
Common
carrier to aid in detection.
Subject to regulation by the Illinois Commerce Commission, any common
carrier by wire shall, upon request of any subscriber and upon responsible
offer to pay the reasonable cost thereof, furnish whatever services may be
within its command for the purpose of detecting any eavesdropping involving
its wires which are used by said subscriber. All such requests by
subscribers shall be kept confidential unless divulgence is authorized in
writing by the requesting subscriber.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/14-8) (from Ch. 38, par. 14-8)
Sec. 14-8.
Discovery of eavesdropping device by an individual,
common carrier, private investigative agency or non-governmental
corporation). Any agent, officer or employee of a private investigative
agency or non-governmental corporation, or of a common carrier by wire,
or any individual, who discovers any physical evidence of an
eavesdropping device being used which such person does not know to be a
legal eavesdropping device shall, within a reasonable time after such
discovery disclose the existence of such eavesdropping device to the
State's Attorney of the county where such device was found. The State's
Attorney shall within a reasonable time notify the person or persons
apparently being eavesdropped upon of the existence of that device if
the device is illegal. A violation of this Section is a Business
Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-984; 79-1454.)
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(720 ILCS 5/14-9) (from Ch. 38, par. 14-9)
Sec. 14-9.
Discovery of eavesdropping device by common carrier by wire
- disclosure to subscriber.) Any agent, officer or employee of any common
carrier by wire who discovers any physical evidence of an eavesdropping
device which such person does not know to be a legal eavesdropping device
shall, within a reasonable time after such discovery, disclose the existence
of the eavesdropping device to the State's Attorney of the County where
such device was found. The State's Attorney shall within a reasonable time
notify the person or persons apparently being eavesdropped upon of the existence
of that device if the device is illegal. A violation of this Section is
a Business Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-985.)
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(720 ILCS 5/Tit. III Pt. C heading) PART C.
OFFENSES DIRECTED AGAINST PROPERTY
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(720 ILCS 5/Art. 15 heading) ARTICLE 15.
DEFINITIONS
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(720 ILCS 5/15-1) (from Ch. 38, par. 15-1)
Sec. 15-1.
Property.
As used in this Part C, "property" means anything
of value. Property includes real estate, money, commercial instruments,
admission or transportation tickets, written instruments representing or
embodying rights concerning anything of value, labor, or services, or otherwise
of value to the owner; things growing on, affixed to, or found on land, or part
of or affixed to any building; electricity, gas and water; telecommunications
services; birds, animals and fish, which ordinarily are kept in a state of
confinement; food and drink; samples, cultures, microorganisms, specimens,
records, recordings, documents, blueprints, drawings, maps, and whole or
partial copies, descriptions, photographs, computer programs or data,
prototypes or models thereof, or any other articles, materials, devices,
substances and whole or partial copies, descriptions, photographs, prototypes,
or models thereof which constitute, represent, evidence, reflect or record a
secret scientific, technical, merchandising, production or management
information, design, process, procedure, formula, invention, or improvement.
(Source: P.A. 88-75.)
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(720 ILCS 5/15-2) (from Ch. 38, par. 15-2)
Sec. 15-2.
Owner.
As used in this Part C, "owner" means a person, other than the offender,
who has possession of or any other interest in the property involved, even
though such interest or possession is unlawful, and without whose consent
the offender has no authority to exert control over the property.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-3) (from Ch. 38, par. 15-3)
Sec. 15-3.
Permanent deprivation.
As used in this Part C, to "permanently deprive" means to:
(a) Defeat all recovery of the property by the owner; or
(b) Deprive the owner permanently of the beneficial use of the property;
or
(c) Retain the property with intent to restore it to the owner only if
the owner purchases or leases it back, or pays a reward or other
compensation for its return; or
(d) Sell, give, pledge, or otherwise transfer any interest in the
property or subject it to the claim of a person other than the owner.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-4) (from Ch. 38, par. 15-4)
Sec. 15-4.
Deception.
As used in this Part C "deception" means knowingly to:
(a) Create or confirm another's impression which is false and which the
offender does not believe to be true; or
(b) Fail to correct a false impression which the offender previously has
created or confirmed; or
(c) Prevent another from acquiring information pertinent to the
disposition of the property involved; or
(d) Sell or otherwise transfer or encumber property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the
property, whether such impediment is or is not valid, or is or is not a
matter of official record; or
(e) Promise performance which the offender does not intend to perform or
knows will not be performed. Failure to perform standing alone is not
evidence that the offender did not intend to perform.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-5) (from Ch. 38, par. 15-5)
Sec. 15-5.
Threat.
As used in this Part C, "threat" means a menace, however communicated,
to:
(a) Inflict physical harm on the person threatened or any other person
or on property; or
(b) Subject any person to physical confinement or restraint; or
(c) Commit any criminal offense; or
(d) Accuse any person of a criminal offense; or
(e) Expose any person to hatred, contempt or ridicule; or
(f) Harm the credit or business repute of any person; or
(g) Reveal any information sought to be concealed by the person
threatened; or
(h) Take action as an official against anyone or anything, or withhold
official action, or cause such action or withholding; or
(i) Bring about or continue a strike, boycott or other similar
collective action if the property is not demanded or received for the
benefit of the group which he purports to represent; or
(j) Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(k) Inflict any other harm which would not benefit the offender.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-6) (from Ch. 38, par. 15-6)
Sec. 15-6.
Stolen
property.
As used in this Part C, "stolen property" means property over which
control has been obtained by theft.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-7) (from Ch. 38, par. 15-7)
Sec. 15-7.
Obtain.
As used in this Part C, "obtain" means:
(a) In relation to property, to bring about a transfer of interest or
possession, whether to the offender or to another, and
(b) In relation to labor or services, to secure the performance thereof.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-8) (from Ch. 38, par. 15-8)
Sec. 15-8.
Obtains
control.
As used in this Part C, the phrase "obtains or exerts control" over
property, includes but is not limited to the taking, carrying away, or the
sale, conveyance, or transfer of title to, or interest in, or possession of
property.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/15-9) (from Ch. 38, par. 15-9)
Sec. 15-9.
Value.
As used in this Part C, the "value" of property consisting of any
commercial instrument or any written instrument representing or embodying
rights concerning anything of value, labor, or services or otherwise of
value to the owner shall be:
(a) The "market value" of such instrument if such instrument is
negotiable and has a market value; and
(b) The "actual value" of such instrument if such instrument is not
negotiable or is otherwise without a market value. For the purpose of
establishing such "actual value", the interest of any owner or owners
entitled to part or all of the property represented by such instrument, by
reason of such instrument, may be shown, even if another "owner" may be
named in the complaint, information or indictment.
(Source: Laws 1967, p. 2849.)
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(720 ILCS 5/15-10) Sec. 15-10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
(Source: P.A. 94-134, eff. 1-1-06.) |
(720 ILCS 5/Art. 16 heading) ARTICLE 16.
THEFT AND RELATED OFFENSES
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(720 ILCS 5/Art. 16, Subdiv. 1 heading) SUBDIVISION 1. DEFINITIONS
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-0.1) Sec. 16-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer. "Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer. "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services. "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies. "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility. "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers. "Continuing
course of conduct" means a series of acts, and the accompanying
mental state necessary for the crime in question, irrespective
of whether the series of acts are continuous or intermittent. "Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product. "Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document. "Financial transaction device" means any of the following: (1) An electronic funds transfer card. (2) A credit card. (3) A debit card. (4) A point-of-sale card. (5) Any instrument, device, card, plate, code, | ||
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(A) Obtaining money, cash refund or credit | ||
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(B) Certifying or guaranteeing to a person or | ||
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(C) Providing the device holder access to a | ||
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"Full retail value" means the merchant's stated or advertised price of the merchandise. "Full
retail value" includes the aggregate value of property obtained
from retail thefts committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments in a single transaction or in separate
transactions over a period of one year. "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. "Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card. "Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society. "Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility. "Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission. "Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication or wireless device or to modify, alter, program or reprogram a communication or wireless device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities. "Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived. "Merchandise" means any item of tangible personal property, including motor fuel. "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person. "Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel. "Online" means the use of any electronic or wireless device to access the Internet. "Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. "Person with a disability" means a person who
suffers from a physical or mental impairment resulting from
disease, injury, functional disorder or congenital condition that impairs the
individual's mental or physical ability to independently manage his or her
property or financial resources, or both. "Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority. "Personal identifying information" means any of the following information: (1) A person's name. (2) A person's address. (3) A person's date of birth. (4) A person's telephone number. (5) A person's driver's license number or State of | ||
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(6) A person's social security number. (7) A person's public, private, or government | ||
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(8) The maiden name of a person's mother. (9) The number assigned to a person's depository | ||
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(10) The number assigned to a person's credit or | ||
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(11) Personal identification numbers. (12) Electronic identification numbers. (13) Digital signals. (14) User names, passwords, and any other word, | ||
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(15) Any other numbers or information which can be | ||
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"Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers; and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment. "Public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission. "Publish" means to communicate or disseminate information to any one or more persons, either orally, in person, or by telephone, radio or television or in writing of any kind, including, without limitation, a letter or memorandum, circular or handbill, newspaper or magazine article or book. "Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored on a RFID tag or transponder attached to a personal identification document. "RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder. "Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. "Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public. "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. "Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store. "Sound or audio visual recording" means any sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device. "Stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both. "Stored value card" shall only apply to Section 16-25.1 of this Act. "Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise. "Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise. "Unidentified sound or audio visual recording" means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording. "Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re-transmission. "Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication or wireless device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means: (1) any phone altered to obtain service without the | ||
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(2) any communication or wireless device which is | ||
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"Vehicle" means a motor vehicle, motorcycle, or farm implement that is self-propelled and that uses motor fuel for propulsion. "Wireless device" includes any type of instrument, device, machine, or
equipment that is capable of transmitting or receiving telephonic, electronic
or
radio communications, or any part of such instrument, device, machine, or
equipment, or any computer circuit, computer chip, electronic mechanism, or
other component that is capable of facilitating the transmission or reception
of telephonic, electronic, or radio communications.
(Source: P.A. 102-757, eff. 5-13-22.) |
(720 ILCS 5/Art. 16, Subdiv. 5 heading) SUBDIVISION 5. GENERAL THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over | ||
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(2) Obtains by deception control over property of the | ||
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(3) Obtains by threat control over property of the | ||
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(4) Obtains control over stolen property knowing the | ||
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(5) Obtains or exerts control over property in the | ||
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(A) Intends to deprive the owner permanently of | ||
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(B) Knowingly uses, conceals or abandons the | ||
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(C) Uses, conceals, or abandons the property | ||
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(b) Sentence.
(1) Theft of property not from the person and not | ||
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(1.1) Theft of property not from the person and not | ||
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(2) A person who has been convicted of theft of | ||
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(3) (Blank).
(4) Theft of property from the person not exceeding | ||
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(4.1) Theft of property from the person not exceeding | ||
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(5) Theft of property exceeding $10,000 and not | ||
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(5.1) Theft of property exceeding $10,000 and not | ||
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(6) Theft of property exceeding $100,000 and not | ||
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(6.1) Theft of property exceeding $100,000 in value | ||
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(6.2) Theft of property exceeding $500,000 and not | ||
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(6.3) Theft of property exceeding $1,000,000 in value | ||
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(7) Theft by deception, as described by paragraph (2) | ||
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(8) Theft by deception, as described by paragraph | ||
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(9) Theft by deception, as described by paragraph | ||
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(10) Theft by deception, as described by paragraph | ||
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(11) Theft by deception, as described by paragraph | ||
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(c) When a charge of theft of property exceeding a specified value
is brought, the value of the property involved is an element of the offense
to be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(d) Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a
lessee of the personal property of another fails to return it to the
owner within 10 days after written demand from the owner for its
return or (2) if a lessee of the personal property of another fails to return
it to the owner within 24 hours after written demand from the owner for its
return and the lessee had presented identification to the owner that contained
a materially fictitious name, address, or telephone number. A notice in
writing, given after the expiration of the leasing agreement, addressed and
mailed, by registered mail, to the lessee at the address given by him and shown
on the leasing agreement shall constitute proper demand. (e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person
"knowingly obtains by deception control over property of the owner" when he or she
fails to return, within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a promise, oral or
in writing, to perform services for the owner for consideration of $3,000
or more, and the promisor knowingly without good cause failed to
substantially perform pursuant to the agreement after taking a down payment
of 10% or more of the agreed upon consideration.
This provision shall not apply where the owner initiated the suspension of
performance under the agreement, or where the promisor responds to the
notice within the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known address of
the promisor, shall constitute proper demand. (f) Offender's interest in the property. (1) It is no defense to a charge of theft of property | ||
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(2) Where the property involved is that of the | ||
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(Source: P.A. 101-394, eff. 1-1-20.) |
(720 ILCS 5/16-1.1)
Sec. 16-1.1. (Repealed).
(Source: P.A. 95-857, eff. 1-1-09. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-1.2)
Sec. 16-1.2. (Repealed).
(Source: P.A. 84-992. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
(This Section was renumbered as Section 17-56 by P.A. 96-1551.) Sec. 16-1.3. (Renumbered).
(Source: P.A. 95-798, eff. 1-1-09. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/16-2) (from Ch. 38, par. 16-2)
Sec. 16-2. Theft of
lost or mislaid property.
A person commits theft of lost or mislaid property
when he or she obtains control over the property and:
(a) Knows or learns the identity of the owner or knows, or is aware of,
or learns of a reasonable method of identifying the owner, and
(b) Fails to take reasonable measures to restore the property to the
owner, and
(c) Intends to deprive the owner permanently of the use or benefit of
the property.
(d) Sentence.
Theft of lost or mislaid property where: (1) the value does not exceed $500 is a Class B | ||
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(2) the value exceeds $500 but does not exceed | ||
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(3) the value exceeds $10,000 is a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
Sec. 16-3. Theft of labor or services or use of property. (a) A person commits theft when he or she knowingly obtains the temporary use
of property, labor or services of another which are available only for hire,
by means of threat or deception or knowing that such use is without the
consent of the person providing the property, labor or services. For the purposes of this subsection, library material is available for hire.
(b) A person commits theft when after (1) renting or leasing a motor vehicle,
(2) obtaining a motor vehicle through a "driveaway" service mode of transportation, (3) renting or leasing equipment exceeding $500 in value including tools, construction or industry equipment, and such items as linens, tableware, tents, tables, chairs and other equipment specially rented for a party or special event,
or (4) renting or leasing any other type of personal property exceeding $500 in value,
under an agreement in writing which provides for the return of the vehicle, equipment,
or other personal property to a particular place at a particular time, he or she
without good cause knowingly fails to return the vehicle, equipment, or other personal
property to that place within the time specified, and is thereafter served
or sent a written demand mailed to the last known address, made by certified
mail return receipt requested, to return the vehicle, equipment, or other personal
property within 3 days from the mailing of the written demand, and who without
good cause knowingly fails to return
the vehicle, equipment, or any other personal property to any place of business of the
lessor within the return period. The trier of fact may infer evidence that the person is without good cause if the person signs the agreement with a name or address other than his or her own.
(c) A person commits theft when he or she borrows from a library facility library material
which has an aggregate value of $50 or more pursuant to an
agreement with or procedure established by the library
facility for the return of such library material, and knowingly without
good cause fails to return the library material so borrowed in accordance
with such agreement or procedure, and further knowingly without good cause
fails to return such library material within 30 days after receiving
written notice by certified mail from the library
facility demanding the return of such library material. (d) Sentence.
A person convicted of theft under subsection (a) is
guilty of a Class A misdemeanor, except that the theft of library material where the aggregate value exceeds $300 is a Class 3 felony. A person convicted of theft under subsection
(b) of this Section is guilty of a Class 4 felony. A person convicted of theft under subsection (c) is guilty of a petty offense for which the offender may be fined an amount not to exceed $500 and shall be ordered to reimburse the library for postage costs, attorney's fees, and actual replacement costs of the materials not returned, except that theft under subsection (c) where the aggregate value exceeds $300 is a Class 3 felony. In addition to any other penalty imposed, the court may order a person convicted under this Section to make restitution to the victim of the offense.
For the purpose of sentencing on theft of library material, separate transactions totalling more than $300 within a 90-day period shall constitute a single offense. (Source: P.A. 99-534, eff. 1-1-17.)
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(720 ILCS 5/16-3.1)
Sec. 16-3.1. (Repealed).
(Source: P.A. 83-1004. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-4)
Sec. 16-4. (Repealed).
(Source: Laws 1961, p. 1983. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
Sec. 16-5. Theft from coin-operated machine.
(a) A person commits theft from a coin-operated machine when he or she
knowingly and without authority opens, breaks into, tampers with, triggers, or damages a coin-operated
machine either: (1) to operate or use the machine; or (2) with the intent to commit a theft from the | ||
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(b) Sentence. (1) A violation of subdivision (a)(1) is a Class B | ||
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(2) A violation of subdivision (a)(2) is a Class A | ||
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(3) A person who has been convicted of theft from a | ||
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(Source: P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-6) (from Ch. 38, par. 16-6)
Sec. 16-6. Theft-related devices.
(a)(1) A person commits unlawful possession of a key or device for a coin-operated machine when he or she possesses a key,
drawing, print, mold of a key, device, or substance
designed to open, break into, tamper with, or damage a coin-operated
machine, with intent to
commit a theft from the machine. (2)
A person commits unlawful use of a key or device for a coin-operated machine when he or she
with the intent to commit a theft from a coin-operated machine uses a key, drawing, print, mold of a key, device, or substance and causes
damage or loss to the coin-operated machine of more than $300.
(b)(1) A person commits unlawful use of a theft detection shielding device when he or she knowingly manufactures, sells, offers for sale or distributes any theft detection shielding device. (2) A person commits unlawful possession of a theft detection shielding device when he or she knowingly possesses a theft detection shielding device with the intent to commit theft or retail theft. (3) A person commits unlawful possession of a theft detection device remover when he or she knowingly possesses a theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise. (c) A person commits use of a scanning device or reencoder to defraud when the person knowingly uses: (1) a scanning device to access, read, obtain, | ||
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(2) a reencoder to place information encoded on the | ||
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(d) Sentence. A violation of subdivision (a)(1), (b)(1), (b)(2), or (b)(3) is a Class A misdemeanor. A second or subsequent violation of subdivision (b)(1), (b)(2), or (b)(3) is a Class 4 felony. A violation of subdivision (a)(2), (c)(1), or (c)(2) is a Class 4 felony. A second or subsequent violation of subdivision (c)(1) or (c)(2) is a Class 3 felony. (e) The owner of a coin-operated machine may maintain a civil cause of
action against a person engaged in the activities covered in subdivisions (a)(1) and (a)(2) and
may recover treble actual damages, reasonable attorney's fees, and costs.
(f) As used in this Section, "substance" means a corrosive or acidic
liquid or solid but does not include items purchased through a coin-operated
machine at the location or acquired as condiments at the location of the
coin-operated machine.
(g) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor. (Source: P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
Sec. 16-7. Unlawful use of recorded sounds or images.
(a) A person commits unlawful use of recorded sounds or images when he or she knowingly or recklessly:
(1) transfers or causes to be transferred without the | ||
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(2) sells, offers for sale, advertises for sale, uses | ||
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(3) offers or makes available for a fee, rental or | ||
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(4) transfers or causes to be transferred without the | ||
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(b) A person commits unlawful use of unidentified sound or audio visual recordings when he or she knowingly, recklessly, or negligently for profit manufacturers, sells, distributes, vends, circulates, performs, leases, possesses, or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease, or other dealing in and with unidentified sound or audio visual recordings. (c) For the purposes of this Section, "owner" means the person who owns the master sound recording on
which sound is recorded and from which the transferred recorded sounds are
directly or indirectly derived, or the person who owns the rights to record
or authorize the recording of a live performance. For the purposes of this Section, "manufacturer" means the person who actually makes or causes to be made a sound or audio visual recording. "Manufacturer" does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
(d) Sentence. Unlawful use of recorded sounds or images or unidentified sound or audio visual recordings is a Class
4 felony; however:
(1) If the offense involves more than 100 but not | ||
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(2) If the offense involves more than 1,000 | ||
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(e) Upon conviction of any violation of subsection (b), the offender shall be sentenced to make restitution to any owner or lawful producer of a master sound or audio visual recording, or to the trade association representing such owner or lawful producer, that has suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense. (f) Subsection (a) of this Section shall neither enlarge nor diminish the rights
of parties in private litigation.
(g) Subsection (a) of this Section does not apply to any person engaged in the business
of radio or television broadcasting who transfers, or causes to be
transferred, any sounds (other than from the sound track of a
motion picture) solely for the purpose of broadcast transmission.
(h) Each individual manufacture, distribution or sale
or transfer for a consideration of such recorded devices in
contravention of subsection (a) of this Section constitutes
a separate violation of this Section. Each individual manufacture, sale, distribution, vending, circulation, performance, lease, possession, or other dealing in and with an unidentified sound or audio visual recording under subsection (b) of this Section constitutes a separate violation of this Section.
(i) Any sound or audio visual recordings containing transferred
sounds or a performance whose transfer was not authorized by the owner of
the master sound recording or performance, or any unidentified sound or audio visual recording used, in violation of this Section, or
in the attempt to commit such violation as defined in Section 8-4, or in a conspiracy to commit such violation as defined in Section 8-2, or in a
solicitation to commit such offense as defined in Section 8-1, may be
confiscated and destroyed upon conclusion of the case or cases to which
they are relevant, except that the court may enter an order preserving them
as evidence for use in other cases or pending the final determination of
an appeal.
(j) It is an affirmative defense to any charge of unlawful use of
recorded sounds or images that the recorded sounds or images so used are
public domain material. For purposes of this Section, recorded sounds are
deemed to be in the public domain if the recorded sounds were copyrighted
pursuant to the copyright laws of the United States, as the same may be
amended from time to time, and the term of the copyright and any extensions
or renewals thereof has expired.
(k) With respect to sound recordings (other than accompanying a motion picture or other audiovisual work), this Section applies only to sound recordings that were initially recorded before February 15, 1972. (Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/16-8)
Sec. 16-8. (Repealed).
(Source: P.A. 95-485, eff. 1-1-08. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/16-10) (from Ch. 38, par. 16-10)
Sec. 16-10.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 92-728, eff. 1-1-03.)
|
(720 ILCS 5/16-11) (from Ch. 38, par. 16-11)
Sec. 16-11.
(Repealed).
(Source: P.A. 88-466. Repealed by P.A. 92-728, eff. 1-1-03.)
|
(720 ILCS 5/16-12) (from Ch. 38, par. 16-12)
Sec. 16-12.
(Repealed).
(Source: P.A. 88-466. Repealed by P.A. 92-728, eff. 1-1-03.)
|
(720 ILCS 5/16-13) (from Ch. 38, par. 16-13)
Sec. 16-13.
(Repealed).
(Source: P.A. 83-519. Repealed by P.A. 92-728, eff. 1-1-03.)
|
(720 ILCS 5/16-14) (from Ch. 38, par. 16-14)
Sec. 16-14. Theft of utility services. (a) A person commits theft of utility services when he or she
knowingly, without authority, diverts or interferes with any public water, gas, power
supply, or other public services or installs any device with the intent to divert or interfere with any public water, gas, power supply, or other public services without the authority of the owner or entity furnishing or transmitting such product or services.
(b) Sentence. (1) Except as provided in paragraph (3), a violation | ||
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(2) Except as provided in paragraph (3), a second or | ||
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(3) If the offense causes disruption of the public | ||
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(c) This Section does not apply to the theft of telecommunication services. (Source: P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/16-15)
Sec. 16-15. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-16)
Sec. 16-16. (Repealed).
(Source: P.A. 97-347, eff. 1-1-12. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-16.1)
Sec. 16-16.1. (Repealed).
(Source: P.A. 97-347, eff. 1-1-12. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/16-17)
Sec. 16-17. Theft of advertising services.
(a) A person commits theft of advertising services when he or she knowingly attaches
or inserts an unauthorized
advertisement in a newspaper or periodical, and redistributes it to the
public or has the intent to redistribute
it to the public.
(b) This Section applies to any newspaper or periodical that is offered for
retail sale or is distributed without
charge.
(c) This Section does not apply if the publisher or authorized distributor
of
the newspaper or periodical
consents to the attachment or insertion of the advertisement.
(d) In this Section, "unauthorized advertisement" means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper or periodical without a contractual agreement between the publisher and an advertiser. (e) Sentence. Theft of advertising services is a Class A misdemeanor. (Source: P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/16-18)
Sec. 16-18. Tampering with communication services; theft of communication services. (a) Injury to wires or obtaining service with intent to defraud. A person commits injury to wires or obtaining service with intent to defraud when he or she knowingly: (1) displaces, removes, injures or destroys any | ||
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(2) cuts, breaks, taps, or makes any connection with | ||
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(3) reads, takes or copies any message, communication | ||
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(4) prevents, obstructs or delays by any means or | ||
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(5) uses any apparatus to unlawfully do or cause to | ||
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(6) obtains, or attempts to obtain, any | ||
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(A) by charging such service to an existing | ||
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(B) by charging such service to a nonexistent, | ||
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(C) by use of a code, prearranged scheme, or | ||
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(D) by publishing the number or code of an | ||
| ||
(E) by any other trick, stratagem, impersonation, | ||
| ||
(b) Theft of communication services. A person commits theft of communication services when he or she knowingly: (1) obtains or uses a communication service without | ||
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(2) possesses, uses, manufactures, assembles, | ||
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(A) for the commission of a theft of a | ||
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(B) to conceal or to assist another to conceal | ||
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(3) modifies, alters, programs or reprograms a | ||
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(4) possesses, uses, manufactures, assembles, leases, | ||
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(5) possesses, uses, prepares, distributes, gives or | ||
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(A) plans or instructions for making or | ||
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(B) material, including hardware, cables, tools, | ||
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(c) Sentence. (1) A violation of subsection (a) is a Class A | ||
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(A) a second or subsequent conviction for a | ||
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(B) an offense committed for remuneration; or (C) an offense involving damage or destruction of | ||
| ||
(2) A violation of subsection (b) is a Class A | ||
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(A) A violation of subsection (b) is a Class 4 | ||
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(i) the violation of subsection (b) involves | ||
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(ii) the defendant engages in conduct | ||
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(iii) the defendant at the time of the | ||
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(iv) the defendant at the time of the | ||
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(v) the aggregate value of the service | ||
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(vi) the violation is for a wired | ||
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(B) A violation of subsection (b) is a Class 3 | ||
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(i) the violation of subsection (b) involves | ||
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(ii) the defendant at the time of the | ||
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(iii) the defendant at the time of the | ||
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(iv) the violation is for a wired | ||
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(C) A violation of subsection (b) is a Class 2 | ||
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(3) Restitution. The court shall, in addition to any | ||
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(d) Grading of offense based on prior convictions. For purposes of grading an offense based upon a prior conviction for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction under subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction. (e) Separate offenses. For purposes of all criminal penalties or fines established for violations of subsection (b), the prohibited activity established in subsection (b) as it applies to each unlawful communication or access device shall be deemed a separate offense. (f) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under subsection (b), the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted. (g) Venue. An offense under subsection (b) may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of subsection (b) that some of the acts constituting the offense occurred outside of the State of Illinois. (h) Civil action. For purposes of subsection (b): (1) Bringing a civil action. Any person aggrieved by | ||
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(2) Powers of the court. The court may: (A) grant preliminary and final injunctions to | ||
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(B) at any time while an action is pending, order | ||
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(C) award damages as described in subdivision | ||
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(D) award punitive damages; (E) in its discretion, award reasonable | ||
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(F) as part of a final judgment or decree finding | ||
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(3) Types of damages recoverable. Damages awarded by | ||
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(A) Upon his or her election of such damages at | ||
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(B) Upon election by the complaining party at any | ||
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(4) Separate violations. For purposes of all civil | ||
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(Source: P.A. 97-597, eff. 1-1-12; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/16-19)
Sec. 16-19. (Repealed).
(Source: P.A. 92-728, eff. 1-1-03. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-20)
Sec. 16-20. (Repealed).
(Source: P.A. 96-497, eff. 1-1-10. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-21)
Sec. 16-21. (Repealed).
(Source: P.A. 92-728, eff. 1-1-03. Repealed by P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/16-22) (This Section was renumbered as Section 17-11.5 by P.A. 96-1551.) Sec. 16-22. (Renumbered).
(Source: P.A. 94-707, eff. 6-1-06. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 16, Subdiv. 10 heading) SUBDIVISION 10. RETAIL THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-25) Sec. 16-25. Retail theft. (a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or | ||
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(2) Alters, transfers, or removes any label, price | ||
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(3) Transfers any merchandise displayed, held, stored | ||
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(4) Under-rings with the intention of depriving the | ||
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(5) Removes a shopping cart from the premises of a | ||
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(6) Represents to a merchant that he, she, or another | ||
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(7) Uses or possesses any theft detection shielding | ||
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(8) Obtains or exerts unauthorized control over | ||
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(b) Theft by emergency exit. A person commits theft by emergency exit when he or she commits a retail theft as defined in subdivisions (a)(1) through (a)(8) of this Section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit. (c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or | ||
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(2) removes that merchandise beyond the last known | ||
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then the trier of fact may infer that the person possessed, carried
away or transferred such merchandise with the intention of retaining it
or with the intention of depriving the merchant permanently of the
possession, use or benefit of such merchandise without paying the full
retail value of such merchandise. To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation. (d) Venue. Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred. (e) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor. (f) Sentence. (1) A violation of any of subdivisions (a)(1) through | ||
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(2) A person who has been convicted of retail theft | ||
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(3) Any retail theft of property under any of | ||
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(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-25.1) Sec. 16-25.1. Organized retail crime. (a) An individual is guilty of organized retail crime when that individual, in concert with another individual or any group of individuals, knowingly commits the act of retail theft from one or more retail mercantile establishments, and in the course of or in furtherance of such crime or flight therefrom: (1) knowingly commits assault as defined under | ||
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(2) knowingly commits a battery under Section | ||
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(3) intentionally destroys or damages the property of | ||
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(b) An individual is guilty of being a manager of the organized retail crime when that individual knowingly recruits, organizes, supervises, finances, or otherwise manages or directs any other individual or individuals to: (1) commit the act of retail theft from one or more | ||
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(2) commit theft of merchandise, the aggregate retail | ||
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(3) obtain control over property for sale or resale, | ||
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(4) receive, possess, or purchase any merchandise or | ||
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(c) If acts or omissions constituting any part of the commission of the charged offense under the Section occurred in more than one county, each county has concurrent venue. If the charged offenses under this Section occurred in more than one county, the counties may join the offenses in a single criminal pleading and have concurrent venue as to all charged offenses. When counties have concurrent venue, the first county in which a criminal complaint, information, or indictment is issued in the case becomes the county with exclusive venue. A violation of organized retail crime may be investigated, indicted, and prosecuted pursuant to the Statewide Grand Jury Act. (d) Sentence. A violation of paragraph (1) or (3) of subsection (a) is a Class 3 felony. A violation of paragraph (2) of subsection (a) is a Class 2 felony. A violation of subsection (b) is a Class 2 felony.
(Source: P.A. 102-757, eff. 5-13-22.) |
(720 ILCS 5/16-25.2) Sec. 16-25.2. Retail loss prevention report and notice requirements. (a) A retail mercantile establishment that is a victim of a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall have the right: (1) to timely notification of all court proceedings | ||
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(2) to communicate with the prosecution; (3) to be reasonably heard at any post-arraignment | ||
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(4) to be notified of the conviction, the sentence, | ||
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(5) to have present at all court proceedings subject | ||
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(b) Unless a retail mercantile establishment refuses to file a report regarding the incident, the law enforcement agency having jurisdiction shall file a report concerning the incident with the State's Attorney. No law enforcement agent shall discourage or attempt to discourage a retail mercantile establishment from filing a police report concerning the incident. Upon the request of the retail mercantile establishment, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the incident, as soon as practicable, but in no event later than 5 business days after the request. The Illinois Law Enforcement Training Standards Board shall not consider any allegation of a violation of this subsection that is contained in a complaint made under Section 1-35 of the Police and Community Relations Improvement Act.
(Source: P.A. 102-757, eff. 5-13-22.) |
(720 ILCS 5/16-26) Sec. 16-26. Detention; affirmative defense. (a) Detention. Any merchant who has reasonable grounds to
believe that a person has committed retail theft may detain the person,
on or off the premises of a retail mercantile
establishment, in a reasonable manner and for a reasonable
length of time for all or any of the following purposes:
(1) To request identification;
(2) To verify such identification;
(3) To make reasonable inquiry as to whether such | ||
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(4) To inform a peace officer of the detention of the | ||
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(5) In the case of a minor, to immediately make a | ||
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A merchant may make a detention as permitted in this Section off the premises of a
retail mercantile establishment only if such detention is pursuant to an
immediate pursuit
of such person.
A merchant shall be deemed to have reasonable grounds to make a
detention for the purposes of this Section if the merchant detains a person
because such person has in his or her possession either a theft detection
shielding device or a theft detection device remover. (b) Affirmative defense. A detention as permitted in this Section
does not constitute an arrest or an unlawful restraint, as defined in Section
10-3 of this Code,
nor shall it render the merchant liable to the person so detained. (c) For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-27) Sec. 16-27. Civil liability.
(a) A person who commits the offense of
retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of Section 16-25 shall be civilly liable to the merchant of the merchandise in an amount
consisting of:
(i) actual damages equal to the full retail value of | ||
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(ii) an amount not less than $100 nor more than | ||
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(iii) attorney's fees and court costs.
(b) If a minor commits the offense of retail theft, the parents or guardian
of the minor shall be civilly liable as provided in this Section; however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall
not be liable under this Section. Total recovery under this Section shall
not exceed the maximum recovery permitted under Section 5 of the Parental
Responsibility Law. For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(c) A conviction or a plea of guilty to the offense of retail theft is
not a prerequisite to the bringing of a civil suit under this Section.
(d) Judgments arising under this Section may be assigned.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-28) Sec. 16-28. Delivery container theft.
(a) A person commits delivery container
theft when he or she knowingly does any of the following:
(1) Uses for any purpose, when not on the premises of | ||
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(2) Sells, or offers for sale, a delivery container | ||
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(3) Defaces, obliterates, destroys, covers up or | ||
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(4) Removes the delivery container of another person | ||
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(b) Any common carrier or private carrier for hire, except those engaged in
transporting bakery or dairy products to and from the places where they are
produced, that receives or transports any delivery container marked with a name or mark
without having in its possession a bill of lading or invoice
for that delivery container commits the offense of delivery container theft. (c) Sentence. Delivery container theft is a
Class B misdemeanor. An offender may be sentenced to pay a fine of
$150 for the first offense and $500 for a second or subsequent offense.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/Art. 16, Subdiv. 15 heading) SUBDIVISION 15. IDENTITY THEFT
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-30) Sec. 16-30. Identity theft; aggravated identity theft.
(a) A person commits identity theft when he or
she
knowingly:
(1) uses any personal identifying information or | ||
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(2) uses any personal identifying information or | ||
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(3) obtains, records, possesses, sells, transfers, | ||
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(4) uses, obtains, records, possesses, sells, | ||
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(5) uses, transfers, or possesses document-making | ||
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(6) uses any personal identifying information or | ||
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(7) uses any personal identifying information or | ||
| ||
(7.5) uses, possesses, or transfers a radio | ||
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(8) in the course of applying for a building permit | ||
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(b) Aggravated identity theft. A person commits aggravated identity theft when he or she commits identity theft as set forth in subsection (a) of this Section: (1) against a person 60 years of age or older or a | ||
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(2) in furtherance of the activities of an organized | ||
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A defense to aggravated identity theft does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age. For the purposes of this subsection, "organized gang" has the meaning ascribed in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (c) Knowledge shall be determined by an evaluation of all circumstances
surrounding the use of the other
person's identifying information or document.
(d) When a charge of identity theft or aggravated identity theft of credit, money, goods,
services, or other property
exceeding a specified value is brought, the value of the credit, money, goods,
services, or other property is
an element of the offense to be resolved by the trier of fact as either
exceeding or not exceeding the
specified value.
(e) Sentence.
(1) Identity theft. (A) A person convicted of identity theft in | ||
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(i) Identity theft of credit, money, goods, | ||
| ||
(ii) Identity theft of credit, money, goods, | ||
| ||
(iii) Identity theft of credit, money, goods, | ||
| ||
(iv) Identity theft of credit, money, goods, | ||
| ||
(v) Identity theft of credit, money, goods, | ||
| ||
(B) A person convicted of any offense enumerated | ||
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(C) A person convicted of any offense enumerated | ||
| ||
(D) A person who, within a 12-month period, is | ||
| ||
(E) A person convicted of identity theft in | ||
| ||
(F) A person convicted of identity theft in | ||
| ||
(2) Aggravated identity theft. (A) Aggravated identity theft of credit, money, | ||
| ||
(B) Aggravated identity theft of credit, money, | ||
| ||
(C) Aggravated identity theft of credit, money, | ||
| ||
(D) Aggravated identity theft of credit, money, | ||
| ||
(E) Aggravated identity theft for a violation of | ||
| ||
(F) Aggravated identity theft when a person who, | ||
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(G) A person who has been previously convicted of | ||
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(Source: P.A. 101-324, eff. 1-1-20.) |
(720 ILCS 5/16-31) Sec. 16-31. Transmission of personal identifying information. (a) A person commits transmission of personal identifying information if he or she is not a party to a transaction that involves the use of a financial transaction device and knowingly: (i) secretly or surreptitiously photographs, or otherwise captures or records, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed or otherwise captured, recorded, distributed, disseminated, or transmitted, or (ii) distributes, disseminates, or transmits, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted. (b) This Section does not: (1) prohibit the capture or transmission of personal | ||
| ||
(2) apply to a peace officer of this State, or of the | ||
| ||
(3) prohibit a person from being charged with, | ||
| ||
(c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-32) Sec. 16-32. Facilitating identity theft. (a) A person commits facilitating identity theft when he or she, in the course of his or her employment or official duties, has access to the personal information of another person in the possession of the State of Illinois, whether written, recorded, or on computer disk, and knowingly, with the intent of committing identity theft, aggravated identity theft, or any violation of the Illinois Financial Crime Law, disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to, without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. (b) Sentence. Facilitating identity theft is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(c) For purposes of this Section, "personal information" has the meaning provided in the Personal Information Protection Act.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-33) Sec. 16-33. Civil remedies. A person who is convicted of facilitating identity theft, identity theft, or aggravated identity theft is liable in a civil action to the person who
suffered
damages as a result of the violation. The person suffering damages may
recover court costs, attorney's
fees, lost wages, and actual damages. Where a person has been convicted of identity theft in violation of subdivision (a)(6) or subdivision (a)(7) of Section 16-30, in the absence of proof of actual damages, the person whose personal identification information or personal identification documents were used in the violation in question may recover damages of $2,000.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-34) Sec. 16-34. Offender's interest in the property; consent. (a) It is no defense to a
charge of aggravated identity
theft or identity theft that the offender has an interest in the
credit, money, goods, services, or
other property.
(b) It is no defense to a charge of aggravated identity theft or identity theft that the offender received the consent of any person to access any personal identification information or personal identification document, other than the person described by the personal identification information or personal identification document used by the offender.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-35) Sec. 16-35. Mandating law enforcement agencies to accept and provide
reports; judicial factual determination.
(a) A person who has learned or reasonably suspects that his or her
personal identifying information has been unlawfully used by another may
initiate a law enforcement investigation by contacting the local law
enforcement
agency that has jurisdiction over his or her actual residence, which shall take
a police report of the matter, provide the complainant with a copy of that
report, and begin an investigation of the facts, or, if the suspected crime was
committed in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation of the
facts.
(b) A person who reasonably believes that he or she is the victim of
financial identity theft may petition a court, or upon application of the prosecuting attorney or on its own motion, the court may move for an expedited
judicial determination of his or her factual innocence, where the perpetrator
of
the financial identity theft was arrested for, cited for, or convicted of a
crime under the victim's identity, or where a criminal complaint has been filed
against the perpetrator in the victim's name, or where the victim's identity
has
been mistakenly associated with a criminal conviction. Any judicial
determination of factual innocence made pursuant to this subsection may be
heard and determined upon declarations, affidavits, police reports, or other
material, relevant, and reliable information submitted by the parties or
ordered
to be part of the record by the court. If the court determines that the
petition
or motion is meritorious and that there is no reasonable cause to believe that
the victim committed the offense for which the perpetrator of the identity
theft
was arrested, cited, convicted, or subject to a criminal complaint in the
victim's name, or that the victim's identity has been mistakenly associated
with
a record of criminal conviction, the court shall find the victim factually
innocent of that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence under
this Section, the court may order the name and associated personal identifying
information contained in the court records, files, and indexes accessible by
the
public sealed, deleted, or labeled to show that the data is impersonated and
does
not reflect the defendant's identity.
(d) A court that has issued a determination of factual innocence under
this Section may at any time vacate that determination if the petition, or any
information submitted in support of the petition, is found to contain any
material misrepresentation or fraud.
(e) Except for criminal and civil actions provided for by Sections 16-30 through 16-36, or for disciplinary or licensure-related proceedings involving the violation of Sections 16-30 through 16-36, no information acquired by, or as a result of, any violation of Section 16-30 shall be discoverable or admissible in any court or other proceeding, or otherwise subject to disclosure without the express permission of any person or persons identified in that information.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-36) Sec. 16-36. Venue. In addition to any other venues provided for by statute or otherwise, venue for any criminal prosecution or civil recovery action under Sections 16-30 through 16-36 shall be proper in any county where the person described in the personal identification information or personal identification document in question resides or has his or her principal place of business. Where a criminal prosecution or civil recovery action under Sections 16-30 through 16-36 involves the personal identification information or personal identification documents of more than one person, venue shall be proper in any county where one or more of the persons described in the personal identification information or personal identification documents in question resides or has his or her principal place of business.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-37) Sec. 16-37. Exemptions; relation to other laws. (a) Sections 16-30 through 16-36 do not: (1) prohibit the capture or transmission of personal | ||
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(2) apply to a peace officer of this State, or of the | ||
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(3) prohibit a licensed private detective or licensed | ||
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(4) apply to activities authorized under any other | ||
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(b) No criminal prosecution or civil action brought under Sections 16-30 through 16-36 shall prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate Sections 16-30 through 16-36.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/Art. 16, Subdiv. 20 heading) SUBDIVISION 20. MISCELLANEOUS THEFT-RELATED OFFENSES
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/16-40) Sec. 16-40. Internet offenses. (a) Online sale of stolen property. A person commits online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means. (b) Online theft by deception. A person commits online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder. (c) Electronic fencing. A person commits electronic fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this Section. (d) Sentence. A violation of this Section is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $300. A violation of this Section is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $300.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/Art. 16A heading) ARTICLE 16A.
RETAIL THEFT
(Repealed)(Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16B heading) ARTICLE 16B.
PROTECTION OF LIBRARY MATERIALS
(Repealed)(Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16C heading)
ARTICLE 16C.
UNLAWFUL SALE OF HOUSEHOLD APPLIANCES
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
|
(720 ILCS 5/Art. 16D heading)
ARTICLE 16D.
COMPUTER CRIME
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
|
(720 ILCS 5/Art. 16E heading) ARTICLE 16E.
DELIVERY CONTAINER CRIME
(Repealed)(Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16F heading) ARTICLE 16F.
WIRELESS SERVICE THEFT
(Repealed)(Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16G heading) ARTICLE 16G.
IDENTITY THEFT LAW
(Repealed)(Source: Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16H heading) ARTICLE 16H.
ILLINOIS FINANCIAL CRIME LAW
(Repealed)(Article repealed by P.A. 96-1551, eff. 7-1-11)
|
(720 ILCS 5/Art. 16J heading) ARTICLE 16J. ONLINE PROPERTY OFFENSES
(Repealed)(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 16K heading) ARTICLE 16K. THEFT OF MOTOR FUEL(Repealed)(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/Art. 17 heading)
ARTICLE 17. DECEPTION AND FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/Art. 17, Subdiv. 1 heading) SUBDIVISION 1. GENERAL DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-0.5) Sec. 17-0.5. Definitions. In this Article: "Altered credit card or debit card" means any instrument
or device, whether known as a credit card or debit card, which has been
changed in any
respect by addition or deletion of any material, except for the signature
by the person to whom the card is issued. "Cardholder" means the person or organization named on the
face of a credit card or debit card to whom or for whose benefit the
credit card or debit card is issued by an issuer. "Computer" means a device that accepts, processes, stores, retrieves,
or outputs data and includes, but is not limited to, auxiliary storage, including cloud-based networks of remote services hosted on the Internet, and
telecommunications devices connected to computers. "Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data between them through the
communications facilities. "Computer program" or "program" means a series of coded instructions or
statements in a form acceptable to a computer which causes the computer to
process data and supply the results of the data processing. "Computer services" means computer time or services, including data
processing services, Internet services, electronic mail services, electronic
message services, or information or data stored in connection therewith. "Counterfeit" means to manufacture, produce or create, by any
means, a credit card or debit card without the purported issuer's
consent or authorization. "Credit card" means any instrument or device, whether known as a credit
card, credit plate, charge plate or any other name, issued with or without
fee by an issuer for the use of the cardholder in obtaining money, goods,
services or anything else of value on credit or in consideration or an
undertaking or guaranty by the issuer of the payment of a check drawn by
the cardholder. "Data" means a representation in any form of information, knowledge, facts, concepts,
or instructions, including program documentation, which is prepared or has been prepared in a
formalized manner and is stored or processed in or transmitted by a computer or in a system or network.
Data is considered property and may be in any form, including, but not
limited to, printouts, magnetic or optical storage media, punch cards, or
data stored internally in the memory of the computer. "Debit card" means any instrument or device, known by any
name, issued with or without fee by an issuer for the use of the cardholder
in obtaining money, goods, services, and anything else of value, payment of
which is made against funds previously deposited by the cardholder. A debit
card which also can be used to obtain money, goods, services and anything
else of value on credit shall not be considered a debit card when it is
being used to obtain money, goods, services or anything else of value on credit. "Document" includes, but is not limited to, any document, representation, or image produced manually, electronically, or by computer. "Electronic fund transfer terminal" means any machine or
device that, when properly activated, will perform any of the following services: (1) Dispense money as a debit to the cardholder's | ||
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(2) Print the cardholder's account balances on a | ||
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(3) Transfer funds between a cardholder's accounts; or (4) Accept payments on a cardholder's loan; or (5) Dispense cash advances on an open end credit or a | ||
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(6) Accept deposits to a customer's account; or (7) Receive inquiries of verification of checks and | ||
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(8) Cause money to be transferred electronically from | ||
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"Electronic funds transfer system", hereafter referred to as
"EFT System", means that system whereby funds are transferred
electronically from a cardholder's account to any other account. "Electronic mail service provider" means any person who (i) is an
intermediary in sending or receiving electronic mail and (ii) provides to
end-users of electronic mail services the ability to send or receive electronic
mail. "Expired credit card or debit card" means a credit card
or debit card which is no longer valid because the term on it has elapsed. "False academic degree" means a certificate, diploma, transcript, or other
document purporting to be issued by an institution of higher learning or
purporting to indicate that a person has completed an organized academic
program of study at an institution of higher learning when the person has not
completed the organized academic program of study indicated
on the certificate, diploma, transcript, or other document. "False claim" means any statement made to any insurer, purported
insurer, servicing corporation, insurance broker, or insurance agent, or any
agent or employee of one of those entities, and made as part of, or in support of, a
claim for
payment or other benefit under a policy of insurance, or as part of, or
in support of, an application for the issuance of, or the rating of, any
insurance policy, when the statement does any of the following: (1) Contains any false, incomplete, or misleading | ||
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(2) Conceals (i) the occurrence of an event that is | ||
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"Financial institution" means any bank, savings and loan association, credit union, or other depository of money or medium of savings and collective investment. "Governmental entity" means: each officer, board, commission, and
agency created by the Constitution, whether in the executive, legislative, or
judicial branch of State government; each officer, department, board,
commission, agency, institution, authority, university, and body politic and
corporate of the State; each administrative unit or corporate outgrowth of
State government that is created by or pursuant to
statute, including units of local government and their officers, school
districts, and boards of election commissioners; and each administrative unit
or corporate outgrowth of the foregoing items and as may be created by executive order of
the Governor. "Incomplete credit card or debit card" means a credit
card or debit card which is missing part of the matter other than the
signature of the cardholder which an issuer requires to appear on the
credit card or debit card before it can be used by a cardholder, and
this includes credit cards or debit cards which have not been stamped,
embossed, imprinted or written on. "Institution of higher learning" means a public or private college,
university, or community college located in the State of Illinois that is
authorized by the Board of Higher Education or the Illinois Community
College Board to issue post-secondary degrees, or a public or private college,
university, or community college located anywhere in the United States that is
or has been legally constituted to offer degrees and instruction in its state
of origin or incorporation. "Insurance company" means "company" as defined under Section 2 of the
Illinois Insurance Code. "Issuer" means the business organization or financial
institution which issues a credit card or debit card, or its duly authorized agent. "Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code. "Person" means any individual, corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association or any other entity. "Receives" or "receiving" means acquiring possession or control. "Record of charge form" means any document submitted or intended to be
submitted to an issuer as evidence of a credit transaction for which the
issuer has agreed to reimburse persons providing money, goods, property,
services or other things of value. "Revoked credit card or debit card" means a credit card
or debit card which is no longer valid because permission to use it has
been suspended or terminated by the issuer. "Sale" means any delivery for value. "Scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right to honest services. "Self-insured entity" means any person, business, partnership,
corporation, or organization that sets aside funds to meet his, her, or its
losses or to absorb fluctuations in the amount of loss, the losses being
charged against the funds set aside or accumulated. "Social networking website" means an Internet website containing profile web pages of the members of the website that include the names or nicknames of such members, photographs placed on the profile web pages by such members, or any other personal or personally identifying information about such members and links to other profile web pages on social networking websites of friends or associates of such members that can be accessed by other members or visitors to the website. A social networking website provides members of or visitors to such website the ability to leave messages or comments on the profile web page that are visible to all or some visitors to the profile web page and may also include a form of electronic mail for members of the social networking website. "Statement" means any assertion, oral, written, or otherwise, and
includes, but is not limited to: any notice, letter, or memorandum; proof of
loss; bill of lading; receipt for payment; invoice, account, or other financial
statement; estimate of property damage; bill for services; diagnosis or
prognosis;
prescription; hospital, medical, or dental chart or other record, x-ray,
photograph, videotape, or movie film; test result; other evidence of loss,
injury, or expense; computer-generated document; and data in any form. "Universal Price Code Label" means a unique symbol that consists of a machine-readable code and human-readable numbers. "With intent to defraud" means to act knowingly, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another or bringing some financial gain to oneself, regardless of whether any person was actually defrauded or deceived. This includes an intent to cause another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.
(Source: P.A. 101-87, eff. 1-1-20.) |
(720 ILCS 5/Art. 17, Subdiv. 5 heading) SUBDIVISION 5. DECEPTION
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-1) (from Ch. 38, par. 17-1) Sec. 17-1. Deceptive practices.
(A) General deception. A person commits a deceptive practice when,
with intent to defraud, the person does any of the following: (1) He or she knowingly causes another, by deception | ||
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(2) Being an officer, manager or other person | ||
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(3) He or she knowingly makes a false or deceptive | ||
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(B) Bad checks. A person commits a deceptive practice when: (1) With intent to obtain control over property or to | ||
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(2) He or she issues or delivers a check or other | ||
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(C) Bank-related fraud. (1) False statement. A person commits false statement bank fraud if he or she, with intent to defraud, makes or causes to be
made any false statement in writing in order to obtain an account with
a bank or other financial institution, or to obtain credit from a bank or
other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with
the intent that it be relied upon. For purposes of this subsection (C), a false statement means any false
statement representing identity, address, or employment, or the identity,
address, or employment of any person, firm, or corporation. (2) Possession of stolen or fraudulently obtained checks. A person commits possession of stolen or fraudulently obtained checks when he or she possesses, with the intent to obtain access to
funds of another person held in a real or fictitious deposit account at a
financial institution, makes a false statement or a misrepresentation to the
financial institution, or possesses, transfers, negotiates, or presents for
payment a check, draft, or other item purported to direct the financial
institution to withdraw or pay funds out of the account holder's deposit
account with knowledge that such possession, transfer, negotiation, or
presentment is not authorized by the account holder or the issuing financial
institution. A person shall be deemed to have been
authorized to possess, transfer, negotiate, or present for payment such item
if the person was otherwise entitled by law to withdraw or recover funds
from the account in question and followed the requisite procedures under
the law. If the account holder, upon discovery of the
withdrawal or payment, claims that the withdrawal or payment was not
authorized, the financial institution may require the account holder to
submit an affidavit to that effect on a form satisfactory to the financial
institution before the financial institution may be required to credit the
account in an amount equal to the amount or amounts that were withdrawn
or paid without authorization. (3) Possession of implements of check fraud. A person commits possession of implements of check fraud when he or she possesses, with the intent to defraud and without the
authority of the account holder or financial institution, any check
imprinter, signature imprinter, or "certified" stamp. (D) Sentence. (1) The commission of a deceptive practice in | ||
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(2) For purposes of paragraphs (A)(1) and (B)(1): (a) The commission of a deceptive practice in | ||
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(b) The commission of a deceptive practice in | ||
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(3) For purposes of paragraph (C)(2), a person who, | ||
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(4) For purposes of paragraph (C)(3), a person who | ||
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(E) Civil liability. A person who issues a check or order to a payee in violation of paragraph (B)(1) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand both by certified mail and by first class mail to the person's last known address or attempted delivery of a written demand sent both by certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney's fees and court costs. An action under this subsection (E) may be brought in small claims court or in any other appropriate court. As part of the written demand required by this subsection (E), the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this subsection (E), the defendant may tender to the plaintiff and the plaintiff shall accept, as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, including the cost of service of process, and attorney's fees.(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
Sec. 17-1a.
(Repealed).
(Source: P.A. 90-721, eff. 1-1-99. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-1b)
Sec. 17-1b. State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause
exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an
offender to a diversion program on condition that the criminal charges against
the offender will be dismissed after a specified period of time, or the case
will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices
under the bad check diversion program created under this Section, including
the amount of the check and any transaction fees payable to a victim as set
forth in subsection (g)
but does not include amounts
recoverable under Section 3-806 of the Uniform Commercial Code and subsection (E) of Section
17-1 of this Code.
(b) A State's Attorney may create within his or her office a bad check
diversion program for offenders who agree to voluntarily participate in the
program instead of undergoing prosecution. The program may be conducted by the
State's Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private entity to perform
any services in operating the program, the entity shall operate under the
supervision, direction, and control of the State's Attorney. Any private entity
providing services under this Section is not a "collection agency" as that
term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's
Attorney may determine whether the offender is appropriate for acceptance in
the
program. The State's Attorney may consider, but shall not be limited to
consideration of, the
following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are | ||
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(4) the evidence presented to the State's Attorney | ||
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(5) the offender's criminal history; and
(6) the reason the check was dishonored by the | ||
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(d) The bad check diversion program may require an offender to do one or
more of the following:
(i) pay for, at his or her own expense, and | ||
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(ii) make full restitution for the offense;
(iii) pay a per-check administrative fee as set forth | ||
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(e) If an offender is diverted to the program, the State's Attorney shall
agree in writing not to prosecute the offender upon the offender's successful
completion of the program conditions. The State's Attorney's agreement to
divert the offender shall specify the
offenses that will not be prosecuted by identifying the checks involved in the
transactions.
(f) The State's Attorney, or private entity under contract with the
State's Attorney, may collect a fee from an offender diverted to the State's
Attorney's bad check diversion program. This fee may be deposited in a
bank account maintained by the State's Attorney for the purpose of
depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State's
Attorney may require that the fee be paid directly to a private entity that
administers the program under a contract with the State's Attorney.
The amount of the administrative fees collected by the State's Attorney
under the program may not exceed $35 per check. The county board may,
however, by ordinance, increase the fees allowed by this Section if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of providing the
service.
(g) (1) The private entity shall be required to maintain | ||
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(2) (A) Each private entity that has a contract with | ||
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(B) The trust account shall be established in a | ||
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(C) Each private entity shall keep on file the | ||
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(3) The State's Attorney may cancel a contract | ||
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(A) Conviction of the private entity or the | ||
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(B) A determination that the private entity has | ||
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(4) The State's Attorney may determine whether the | ||
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(A) Using or threatening to use force or violence | ||
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(B) Threatening the seizure, attachment, or sale | ||
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(C) Disclosing or threatening to disclose | ||
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(D) Initiating or threatening to initiate | ||
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(E) Communicating with the offender or any member | ||
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(i) Communicating with the offender or any | ||
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(ii) The threat of publication or publication | ||
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(iii) The threat of advertisement or | ||
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(iv) Causing a telephone to ring or engaging | ||
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(v) Using profane, obscene or abusive | ||
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(vi) Disclosing or threatening to disclose | ||
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(vii) Disclosing or threatening to disclose | ||
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(viii) Engaging in any conduct which the | ||
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(ix) Attempting or threatening to enforce a | ||
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(x) Except as authorized by the State's | ||
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(xi) Using any badge, uniform, or other | ||
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(xii) Except as authorized by the State's | ||
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(xiii) Misrepresenting the amount of the | ||
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(xiv) Except as authorized by the State's | ||
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(xv) Except as authorized by the State's | ||
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(xvi) Collecting or attempting to collect any | ||
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(xvii) Communicating or threatening to | ||
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(xviii) Engaging in dishonorable, unethical, | ||
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(5) The State's Attorney shall audit the accounts of | ||
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(6) Any information obtained by a private entity that | ||
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(h) The State's Attorney, or private entity under contract with the
State's Attorney, shall recover, in addition to the face amount of the
dishonored check or draft, a transaction fee to defray the costs and expenses
incurred by a victim who received a dishonored check that was made or
delivered by the offender. The face amount of the dishonored check or draft and
the transaction fee shall be paid by the State's Attorney or private entity
under contract with the State's Attorney to the victim as
restitution for the offense. The amount of the transaction fee must not
exceed: $25 if the face amount of the check or draft does not exceed $100;
$30 if the face amount of the check or draft is greater than $100 but does not
exceed $250; $35 if the face amount of the check or draft is greater than
$250 but does not exceed $500; $40 if the face amount of the
check or draft is greater than $500 but does not exceed $1,000; and $50 if the
face amount of the check or draft is greater than $1,000.
(i) The offender, if aggrieved by an action of the private
entity contracted to operate a bad check diversion program, may submit a
grievance to
the State's Attorney who may then resolve the grievance. The private entity
must give notice to the offender that the grievance procedure is available. The
grievance procedure shall be established by the State's Attorney.
(Source: P.A. 95-41, eff. 1-1-08; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2) (Text of Section before amendment by P.A. 103-746) Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or | ||
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(2) A person commits a false personation when he or | ||
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(2.1) A person commits a false personation when he or | ||
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(A) an active-duty member of the Armed Services | ||
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(B) obtains money, property, or another tangible | ||
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In this paragraph, "member of the Armed Services or | ||
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(2.5) A person commits a false personation when he or | ||
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(A) another actual person and does an act in such | ||
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(B) a representative of an actual person or | ||
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(3) No person shall knowingly use the words "Police", | ||
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(4) No person may knowingly claim or represent that | ||
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(5) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(6) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(7) No person may knowingly claim or represent that | ||
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(8) No person, firm, copartnership, or corporation | ||
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(b) False personation; public officials and employees. A person commits a false personation if he or she knowingly and falsely represents himself or herself to be any of the following: (1) An attorney authorized to practice law for | ||
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(2) A public officer or a public employee or an | ||
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(2.3) A public officer, a public employee, or an | ||
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(2.7) A public officer or a public employee, and the | ||
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(3) A peace officer. (4) A peace officer while carrying a deadly weapon. (5) A peace officer in attempting or committing a | ||
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(6) A peace officer in attempting or committing a | ||
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(7) The parent, legal guardian, or other relation of | ||
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(7.5) The legal guardian, including any | ||
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(8) A fire fighter. (9) A fire fighter while carrying a deadly weapon. (10) A fire fighter in attempting or committing a | ||
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(11) An emergency management worker of any | ||
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(12) An emergency management worker of any | ||
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(b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person: (1) wears or displays without authority any uniform, | ||
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(2) falsely expresses by word or action that he or | ||
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(c) Fraudulent advertisement of a corporate name. (1) A company, association, or individual commits | ||
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(2) Nothing contained in this subsection (c) | ||
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(3) The provisions of this subsection (c) do not | ||
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(d) False law enforcement badges. (1) A person commits false law enforcement badges if | ||
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(2) It is a defense to false law enforcement badges | ||
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(e) False medals. (1) A person commits a false personation if he or she | ||
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(2) It is a defense to a prosecution under paragraph | ||
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(A) for a dramatic presentation, such as a | ||
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(B) for a costume worn, or intended to be worn, | ||
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(f) Sentence. (1) A violation of paragraph (a)(8) is a petty | ||
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(2) A violation of paragraph (a)(1), (a)(3), or | ||
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(3) A violation of paragraph (a)(2), (a)(2.5), | ||
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(4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||
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(5) A violation of paragraph (b)(4), (b)(9), or | ||
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(6) A violation of paragraph (b)(5) or (b)(10) is a | ||
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(7) A violation of paragraph (b)(6) is a Class 1 | ||
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(g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication.(Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; 100-201, eff. 8-18-17.) (Text of Section after amendment by P.A. 103-746) Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or | ||
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(2) A person commits a false personation when he or | ||
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(2.1) A person commits a false personation when he or | ||
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(A) an active-duty member of the Armed Services | ||
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(B) obtains money, property, or another tangible | ||
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In this paragraph, "member of the Armed Services or | ||
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(2.5) A person commits a false personation when he or | ||
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(A) another actual person and does an act in such | ||
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(B) a representative of an actual person or | ||
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(3) No person shall knowingly use the words "Police", | ||
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(4) No person may knowingly claim or represent that | ||
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(5) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(6) No person, when soliciting financial | ||
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(A) the person is actually representing or acting | ||
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(B) the nongovernmental organization is | ||
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(C) before commencing the solicitation or the | ||
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(7) No person may knowingly claim or represent that | ||
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(8) No person, firm, copartnership, or corporation | ||
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(b) False personation; public officials and employees. A person commits a false personation if he or she knowingly and falsely represents himself or herself to be any of the following: (1) An attorney authorized to practice law for | ||
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(2) A public officer or a public employee or an | ||
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(2.3) A public officer, a public employee, or an | ||
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(2.7) A public officer or a public employee, and the | ||
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(3) A peace officer. (4) A peace officer while carrying a deadly weapon. (5) A peace officer in attempting or committing a | ||
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(6) A peace officer in attempting or committing a | ||
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(7) The parent, legal guardian, or other relation of | ||
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(7.5) The legal guardian, including any | ||
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(8) A fire fighter. (9) A fire fighter while carrying a deadly weapon. (10) A fire fighter in attempting or committing a | ||
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(11) An emergency management worker of any | ||
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(12) An emergency management worker of any | ||
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(b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person: (1) wears or displays without authority any uniform, | ||
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(2) falsely expresses by word or action that he or | ||
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(c) Fraudulent advertisement of a corporate name. (1) A company, association, or individual commits | ||
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(2) Nothing contained in this subsection (c) | ||
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(3) The provisions of this subsection (c) do not | ||
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(d) False law enforcement badges. (1) A person commits false law enforcement badges if | ||
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(2) It is a defense to false law enforcement badges | ||
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(e) False medals. (1) A person commits a false personation if he or she | ||
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(2) It is a defense to a prosecution under paragraph | ||
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(A) for a dramatic presentation, such as a | ||
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(B) for a costume worn, or intended to be worn, | ||
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(f) Sentence. (1) A violation of paragraph (a)(8) is a petty | ||
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(2) A violation of paragraph (a)(1), (a)(3), or | ||
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(3) A violation of paragraph (a)(2), (a)(2.5), | ||
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(4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||
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(5) A violation of paragraph (b)(4), (b)(9), or | ||
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(6) A violation of paragraph (b)(5) or (b)(10) is a | ||
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(7) A violation of paragraph (b)(6) is a Class 1 | ||
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(g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication.(Source: P.A. 103-746, eff. 1-1-25.) |
(720 ILCS 5/17-2.5)
Sec. 17-2.5.
(Repealed).
(Source: P.A. 93-239, eff. 7-22-03. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to defraud, he or she knowingly:
(1) makes a false document or alters any document to | ||
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(2) issues or delivers such document knowing it to | ||
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(3) possesses, with intent to issue or deliver, any | ||
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(4) unlawfully uses the digital signature, as defined | ||
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(5) unlawfully creates an electronic signature of | ||
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(b) (Blank).
(c) A document apparently capable of defrauding another includes, but is
not limited to, one by which any right, obligation or power with reference
to any person or property may be created, transferred, altered or
terminated. A document includes any record or electronic record as those
terms are defined in the Electronic Commerce Security Act. For purposes of this Section, a document also includes a Universal Price Code Label or coin.
(c-5) For purposes of this Section, "false document" or "document that is false" includes, but is not limited to, a document whose contents are false in some material way, or that purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority. (d) Sentence.
(1) Except as provided in paragraphs (2) and (3), | ||
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(2) Forgery is a Class 4 felony when only one | ||
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(3) Forgery is a Class A misdemeanor when an academic | ||
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(e) It is not a violation of this Section if a false academic degree explicitly states "for novelty purposes only". (Source: P.A. 102-38, eff. 6-25-21.)
|
(720 ILCS 5/17-3.5)
Sec. 17-3.5. Deceptive sale of gold or silver. (a) Whoever makes for sale, or sells, or offers to sell or dispose
of, or has in his or her possession with intent to sell or dispose of, any
article or articles construed in whole or in part, of gold or any alloy or
imitation thereof, having thereon or on any box, package, cover, wrapper or
other thing enclosing or encasing such article or articles for sale, any
stamp, brand, engraving, printed label, trade mark, imprint or other mark,
indicating or designed, or intended to indicate, that the gold, alloy or
imitation thereof, in such article or articles, is different from or better
than the actual kind and quality of such gold, alloy or imitation, shall be
guilty of a petty offense and shall be fined in any sum not less than $50
nor more than $100.
(b) Whoever makes for sale, sells or offers to sell or dispose of or
has in his or her possession, with intent to sell or dispose of, any
article or articles constructed in whole or in part of silver or any alloy
or imitation thereof, having thereon--or on any box, package, cover,
wrapper or other thing enclosing or encasing such article or articles for
sale--any stamp, brand, engraving, printed label, trademark, imprint or
other mark, containing the words "sterling" or "sterling silver,"
referring, or designed or intended to refer, to the silver, alloy or
imitation thereof in such article or articles, when such silver, alloy or
imitation thereof shall contain less than nine hundred and twenty-five
one-thousandths thereof of pure silver, shall be guilty of a petty offense
and shall be fined in any sum not less than $50 nor more than $100. (c) Whoever makes for sale, sells or offers to sell or dispose of or
has in his or her possession, with intent to sell or dispose of, any
article or articles constructed in whole or in part of silver or any alloy
or imitation thereof, having thereon--or on any box, package, cover,
wrapper or other thing enclosing or encasing such article or articles for
sale--any stamp, brand, engraving, printed label, trademark, imprint, or
other mark, containing the words "coin" or "coin silver," referring to or
designed or intended to refer to, the silver, alloy or imitation thereof,
in such article or articles, when such silver, alloy or imitation shall
contain less than nine-tenths thereof pure silver, shall be guilty of a
petty offense and shall be fined in any sum not less than $50 and not more
than $100.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-4) (from Ch. 38, par. 17-4)
Sec. 17-4.
(Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
Sec. 17-5. Deceptive collection practices.
A collection agency as defined in the Collection Agency Act or any
employee of such collection agency commits a deceptive collection practice
when, with the intent to collect a debt owed to an individual or a corporation or
other entity, he, she, or it does any of the following:
(a) Represents falsely that he or she is an attorney, | ||
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(b) While attempting to collect an alleged debt, | ||
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(c) While attempting to collect an alleged debt, adds | ||
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(d) Threatens to ruin, destroy, or otherwise | ||
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(e) Accepts from an alleged debtor a payment which | ||
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Sentence. The commission of a deceptive collection practice is a Business Offense
punishable by a fine not to exceed $3,000.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-5.5)
Sec. 17-5.5. Unlawful attempt to collect compensated debt against a crime
victim.
(a) A person or a vendor commits unlawful attempt to collect
a compensated debt against a crime victim when, with intent to collect funds
for a debt incurred by or on behalf of a crime victim, which debt has been
approved for payment by the Court of Claims under the Crime Victims
Compensation Act, but the funds are involuntarily
withheld from the person or vendor by the Comptroller by virtue of an
outstanding obligation owed by the person or vendor to the State under the
Uncollected State Claims Act, the person or vendor:
(1) communicates with, harasses, or intimidates the | ||
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(2) contacts or distributes information to affect the | ||
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(3) takes any other action adverse to the crime | ||
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(b) Sentence. Unlawful attempt to collect a compensated debt against a crime victim is
a Class A misdemeanor.
(c) Nothing in this Code prevents the attempt to collect an uncompensated
debt or an uncompensated portion of a compensated debt incurred by or on behalf
of a crime victim and not covered under the Crime Victims Compensation
Act.
(d) As used in this Section, "crime victim" means a victim of a violent
crime or applicant
as defined in the Crime Victims Compensation Act. "Compensated debt" means a debt incurred by or on behalf of a
crime victim and approved for payment by the Court of Claims under the Crime
Victims Compensation Act. (Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-5.7)
Sec. 17-5.7. Deceptive advertising. (a) Any person, firm, corporation or association or agent or employee
thereof, who, with intent to sell, purchase, or in any wise dispose of, or
to contract with reference to merchandise, securities, real estate,
service, employment, money, credit or anything offered by such person,
firm, corporation or association, or agent or employee thereof, directly or
indirectly, to the public for sale, purchase, loan, distribution, or the
hire of personal services, or with intent to increase the consumption of or
to contract with reference to any merchandise, real estate, securities,
money, credit, loan, service or employment, or to induce the public in any
manner to enter into any obligation relating thereto, or to acquire title
thereto, or an interest therein, or to make any loan, makes, publishes,
disseminates, circulates, or places before the public, or causes, directly
or indirectly, to be made, published, disseminated, circulated, or placed
before the public, in this State, in a newspaper, magazine, or other
publication, or in the form of a book, notice, handbill, poster, sign,
bill, circular, pamphlet, letter, placard, card, label, or over any radio
or television station, or in any other way similar or dissimilar to the
foregoing, an advertisement, announcement, or statement of any sort
regarding merchandise, securities, real estate, money, credit, service,
employment, or anything so offered for use, purchase, loan or sale, or the
interest, terms or conditions upon which such loan will be made to the
public, which advertisement contains any assertion, representation or
statement of fact which is untrue, misleading or deceptive, shall be guilty
of a Class A misdemeanor. (b) Any person, firm or corporation offering for sale merchandise,
commodities or service by making, publishing, disseminating, circulating or
placing before the public within this State in any manner an advertisement
of merchandise, commodities, or service, with the intent, design or purpose
not to sell the merchandise, commodities, or service so advertised at the
price stated therein, or otherwise communicated, or with intent not to sell
the merchandise, commodities, or service so advertised, may be enjoined
from such advertising upon application for injunctive relief by the
State's Attorney or Attorney General, and shall also be guilty of a Class A
misdemeanor. (c) Any person, firm or corporation who makes, publishes,
disseminates, circulates or places before the public, or causes, directly
or indirectly to be made, published, disseminated, circulated or placed
before the public, in this State, in a newspaper, magazine or other
publication published in this State, or in the form of a book, notice,
handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, or
label distributed in this State, or over any radio or television station
located in this State or in any other way in this State similar or
dissimilar to the foregoing, an advertisement, announcement, statement or
representation of any kind to the public relating to the sale, offering for
sale, purchase, use or lease of any real estate in a subdivision located
outside the State of Illinois may be enjoined from such activity upon
application for injunctive relief by the State's
Attorney or Attorney
General and shall also be guilty of a Class A misdemeanor unless such
advertisement, announcement, statement or representation contains or is
accompanied by a clear, concise statement of the proximity of such real
estate in common units of measurement to public schools, public highways,
fresh water supply, public sewers, electric power, stores and shops, and
telephone service or contains a statement that one or more of such
facilities are not readily available, and name those not available. (d) Subsections (a), (b), and (c) do not apply to any medium for the printing,
publishing, or disseminating of advertising, or any owner, agent or
employee thereof, nor to any advertising agency or owner, agent or employee
thereof, nor to any radio or television station, or owner, agent, or
employee thereof, for printing, publishing, or disseminating, or causing to
be printed, published, or disseminated, such advertisement in good faith
and without knowledge of the deceptive character thereof. (e) No person, firm or corporation owning or operating a service station
shall advertise or hold out or state to the public the per gallon price
of gasoline, upon any sign on the premises of such station, unless such
price includes all taxes, and unless the price, as so advertised, corresponds
with the price appearing on the pump from which such gasoline is dispensed.
Also, the identity of the product must be included with the price in any
such advertisement, holding out or statement to the public. Any person who violates this subsection (e) shall be guilty
of a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 17, Subdiv. 10 heading) SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
Sec. 17-6. State benefits fraud. (a) A person commits State benefits fraud when he or she obtains or attempts
to obtain money or benefits from the State of Illinois, from any political
subdivision thereof, or from any program funded or administered in whole
or in part by the State of Illinois or any political subdivision thereof
through the knowing use of false identification documents or through the
knowing misrepresentation of his or her age, place of residence, number of dependents,
marital or family status, employment status, financial status, or any other
material fact upon which his eligibility for or degree of participation
in any benefit program might be based.
(b) Notwithstanding any provision of State law to the contrary, every
application or other document submitted to an agency or department of the
State of Illinois or any political subdivision thereof to establish or determine
eligibility for money or benefits from the State of Illinois or from any
political subdivision thereof, or from any program funded or administered
in whole or in part by the State of Illinois or any political subdivision
thereof, shall be made available upon request to any law enforcement agency
for use in the investigation or prosecution of State benefits fraud or for
use in the investigation or prosecution of any other crime arising out of
the same transaction or occurrence. Except as otherwise permitted by law,
information disclosed pursuant to this subsection shall be used and disclosed
only for the purposes provided herein. The provisions of this Section shall
be operative only to the extent that they do not conflict with any federal
law or regulation governing federal grants to this State.
(c) Any employee of the State of Illinois or any agency or political subdivision
thereof may seize as evidence any false or fraudulent document presented
to him or her in connection with an application for or receipt of money or benefits
from the State of Illinois, from any political subdivision thereof, or from
any program funded or administered in whole or in part by the State of Illinois
or any political subdivision thereof.
(d) Sentence. (1) State benefits fraud is a Class 4 felony except when more than $300
is obtained, in which case State benefits fraud is a Class 3 felony. (2) If a person knowingly misrepresents oneself as a veteran or as a dependent of a veteran with the intent of obtaining benefits or privileges provided by the State or its political subdivisions to veterans or their dependents, then State benefits fraud is a Class 3 felony when $300 or less is obtained and a Class 2 felony when more than $300 is obtained. For the purposes of this paragraph (2), benefits and privileges include, but are not limited to, those benefits and privileges available under the Veterans' Employment Act, the Viet Nam Veterans Compensation Act, the Prisoner of War Bonus Act, the War Bonus Extension Act, the Military Veterans Assistance Act, the Veterans' Employment Representative Act, the Veterans Preference Act, Service Member Employment and Reemployment Rights Act, the Service Member's Tenure Act, the Housing for Veterans with Disabilities Act, the Under Age Veterans Benefits Act, the Survivors Compensation Act, the Children of Deceased Veterans Act, the Veterans Burial Places Act, the Higher Education Student Assistance Act, or any other loans, assistance in employment, monetary payments, or tax exemptions offered by the State or its political subdivisions for veterans or their dependents.
(Source: P.A. 99-143, eff. 7-27-15; 100-1101, eff. 1-1-19.)
|
(720 ILCS 5/17-6.3)
Sec. 17-6.3. WIC fraud. (a) For the purposes of this Section, the Special
Supplemental Food Program for Women, Infants and Children administered by the Illinois Department of Public Health or Department of
Human Services shall be referred to as "WIC". (b) A person commits WIC fraud if he or she knowingly (i) uses, acquires,
possesses, or transfers WIC Food
Instruments or authorizations to participate in WIC in any manner not authorized by law or the rules of the Illinois
Department of Public Health or Department of Human Services or (ii) uses, acquires, possesses, or
transfers altered WIC Food Instruments
or authorizations to participate in WIC. (c) Administrative malfeasance. (1) A person commits administrative malfeasance if he | ||
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(2) An official or employee of the State or a unit of | ||
| ||
(d) Unauthorized possession of identification document. A
person commits unauthorized possession of an identification document if he or she knowingly possesses, with intent to commit a misdemeanor or felony, another person's identification
document issued by the Illinois Department of Public Health or Department of
Human Services. For purposes of this Section, "identification document"
includes, but is not limited to, an authorization to participate in WIC or a card or other document
that identifies a person as being entitled to WIC benefits. (e) Penalties. (1) If an individual, firm, corporation, association, | ||
| ||
(A) the total amount of money involved in the | ||
| ||
(B) the total amount of money involved in the | ||
| ||
(C) the total amount of money involved in the | ||
| ||
(D) the total amount of money involved in the | ||
| ||
(E) the total amount of money involved in the | ||
| ||
(2) A violation of subsection (d) is a Class 4 felony. (3) The State's Attorney of the county in which the | ||
| ||
(4) For purposes of determining the classification of | ||
| ||
(f) Seizure and forfeiture of property. (1) A person who commits a felony violation of this | ||
| ||
(2) Property subject to forfeiture under this | ||
| ||
(A) If the seizure is incident to inspection | ||
| ||
(B) If the property subject to seizure has been | ||
| ||
(C) If there is probable cause to believe that | ||
| ||
(D) If there is probable cause to believe that | ||
| ||
(E) In accordance with the Code of Criminal | ||
| ||
(g) Future participation as WIC vendor. A person
who has
been convicted of a felony violation of this Section is prohibited from
participating as a WIC vendor for a minimum period of 3 years following
conviction and until the total amount of money involved in the violation,
including the value of WIC Food Instruments and the value of commodities, is repaid to WIC.
This prohibition shall extend to any person with management responsibility in a
firm, corporation, association, agency, institution, or other legal entity that
has been convicted of a violation of this Section and to an officer or person
owning, directly or indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/17-6.5)
Sec. 17-6.5. Persons under deportation order; ineligibility for benefits. (a) An individual against whom a United States Immigration Judge
has issued an order of deportation which has been affirmed by the Board of
Immigration Review, as well as an individual who appeals such an order
pending appeal, under paragraph 19 of Section 241(a) of the
Immigration and Nationality Act relating to persecution of others on
account of race, religion, national origin or political opinion under the
direction of or in association with the Nazi government of Germany or its
allies, shall be ineligible for the following benefits authorized by State law: (1) The homestead exemptions and homestead | ||
| ||
(2) Grants under the Senior Citizens and Persons with | ||
| ||
(3) The double income tax exemption conferred upon | ||
| ||
(4) Grants provided by the Department on Aging. (5) Reductions in vehicle registration fees under | ||
| ||
(6) Free fishing and reduced fishing license fees | ||
| ||
(7) Tuition free courses for senior citizens under | ||
| ||
(8) Any benefits under the Illinois Public Aid Code. (b) If a person has been found by a court to have knowingly
received benefits in violation of subsection (a) and: (1) the total monetary value of the benefits | ||
| ||
(2) the total monetary value of the benefits | ||
| ||
(3) the total monetary value of the benefits | ||
| ||
(4) the total monetary value of the benefits | ||
| ||
(5) the total monetary value of the benefits | ||
| ||
(c) For purposes of determining the classification of an offense under
this Section, all of the monetary value of the benefits
received as a result of the unlawful act,
practice, or course of conduct may be accumulated. (d) Any grants awarded to persons described in subsection (a) may be recovered by the State of Illinois in a civil action commenced
by the Attorney General in the circuit court of Sangamon County or the
State's Attorney of the county of residence of the person described in
subsection (a). (e) An individual described in subsection (a) who has been
deported shall be restored to any benefits which that individual has been
denied under State law pursuant to subsection (a) if (i) the Attorney
General of the United States has issued an order cancelling deportation and
has adjusted the status of the individual to that of a person lawfully
admitted for permanent residence in the United States or (ii) the country
to which the individual has been deported adjudicates or exonerates the
individual in a judicial or administrative proceeding as not being guilty
of the persecution of others on account of race, religion, national origin,
or political opinion under the direction of or in association with the Nazi
government of Germany or its allies.
(Source: P.A. 102-1030, eff. 5-27-22.) |
(720 ILCS 5/17-7) (from Ch. 38, par. 17-7)
(This Section was renumbered as Section 17-60 by P.A. 96-1551.) Sec. 17-7.
(Renumbered).
(Source: P.A. 83-808. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-8) (from Ch. 38, par. 17-8)
Sec. 17-8.
(Repealed).
(Source: P.A. 84-418. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-8.3)
(was 720 ILCS 5/17-22)
Sec. 17-8.3.
False information on an application for employment with
certain public or private agencies; use of false academic degree.
(a) It is unlawful for an applicant for employment with a public or private
agency that provides State funded services to persons with mental illness or
developmental disabilities to knowingly furnish false information regarding
professional certification, licensing, criminal background, or employment
history for the 5 years immediately preceding the date of application
on an
application for
employment with the agency if the position of employment requires or provides
opportunity for contact with persons with mental illness or developmental
disabilities.
(b) It is unlawful for a person to knowingly use a false academic
degree for the purpose of obtaining employment or admission to an
institution of higher learning or admission to an advanced degree
program at an institution of higher learning or for the purpose of obtaining
a promotion or higher compensation in employment. (c) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-8.5) Sec. 17-8.5. Fraud on a governmental entity. (a) Fraud on a governmental entity. A person commits fraud on a governmental entity when he
or she
knowingly obtains, attempts to obtain, or causes to be
obtained, by deception, control over the property of
any governmental entity by the making of a
false claim of bodily injury or of damage to or loss or theft of property or
by causing a false claim of bodily injury or of damage to or loss or theft of
property to be made
against
the governmental entity, intending to deprive the governmental entity
permanently
of the use and benefit of that property. (b) Aggravated fraud on a governmental entity. A person commits aggravated fraud on a governmental entity when he or she commits fraud on a governmental entity 3 or more times
within an 18-month period arising out of separate incidents or transactions. (c) Conspiracy to commit fraud on a governmental entity. If aggravated fraud on a governmental entity forms the basis for a charge of conspiracy under Section 8-2 of this Code against a person, the person or persons with whom the accused is
alleged to have agreed to commit the 3 or more violations of this Section need
not be the same person or persons for each violation, as long as the accused
was a part of the common scheme or plan to engage in each of the 3 or more
alleged violations. (d) Organizer of an aggravated fraud on a governmental entity conspiracy. A person commits being an organizer of an aggravated
fraud on a governmental entity conspiracy if aggravated fraud on a governmental entity forms the basis for a charge of conspiracy under Section 8-2 of this Code and the person occupies a
position of organizer, supervisor, financer, or other position of management within the conspiracy. For the purposes of this Section, the
person or persons with whom the accused is alleged to have agreed to commit
the 3 or more violations of subdivision (a)(1) of Section 17-10.5 or subsection (a) of Section 17-8.5 of this Code need not be
the
same person or persons for each violation, as long as the accused occupied
a position of organizer, supervisor, financer, or other position of management
in each of the 3 or more alleged violations. Notwithstanding Section 8-5 of this Code, a person may be convicted and
sentenced both for the offense of being an organizer of an aggravated
fraud
conspiracy and for any other offense that is the object of the conspiracy. (e) Sentence. (1) A violation of subsection (a) in which the value | ||
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(2) A violation of subsection (a) in which the value | ||
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(3) A violation of subsection (a) in which the value | ||
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(4) A violation of subsection (a) in which the value | ||
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(5) A violation of subsection (b) is a Class 1 | ||
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(6) The offense of being an organizer of an | ||
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(7) Notwithstanding Section 8-5 of this Code, a | ||
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(f) Civil damages for fraud on a governmental entity. A
person who knowingly obtains, attempts to obtain, or causes to be obtained, by
deception, control over the property of a governmental entity by the making of
a
false claim of bodily injury or of damage to or loss or theft of property,
intending to deprive the governmental entity permanently of the use and benefit
of that property, shall be civilly liable to the governmental entity that paid
the claim or against whom the claim was made or to the subrogee of the
governmental entity in an amount equal to either 3 times the value of the
property wrongfully obtained or, if property was not wrongfully obtained, twice
the value of the property attempted to be obtained, whichever amount is
greater, plus reasonable attorney's fees. (g) Determination of property value. For the purposes of this Section, if the exact value of the property
attempted to be obtained is either not alleged by the claimant or not otherwise
specifically set, the value
of the
property shall be the fair market replacement value of the property claimed to
be lost, the reasonable costs of reimbursing a vendor or other claimant for
services to be rendered, or both. (h) Actions by State licensing agencies. (1) All State licensing agencies, the Illinois State | ||
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(2) If a person who is licensed or registered under | ||
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(3) Any agency that receives information under this | ||
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(i) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-9) (from Ch. 38, par. 17-9)
Sec. 17-9. Public aid wire and mail fraud. (a) Whoever knowingly (i) makes or
transmits any communication by means of telephone, wire, radio, or
television or (ii) places any communication with the United States Postal Service, or with any private or other mail, package, or delivery service or system, such communication being made, transmitted, placed, or received within
the State of Illinois, intending that such
communication be made, transmitted, or delivered in furtherance of any plan, scheme, or
design to obtain, unlawfully, any
benefit or payment under the Illinois Public Aid Code,
commits public aid wire and mail fraud.
(b) Whoever knowingly directs or causes any communication to be (i) made or
transmitted by means of telephone, wire, radio, or television or (ii) placed with the United States Postal Service, or with any private or other mail, package, or delivery service or system, intending
that such communication be made, transmitted, or delivered in furtherance of any plan,
scheme, or design to obtain, unlawfully, any benefit or payment under the
Illinois Public Aid
Code, commits public aid wire and mail fraud.
(c) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-10) (from Ch. 38, par. 17-10)
Sec. 17-10.
(Repealed).
(Source: P.A. 84-1438. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) Sec. 17-10.2. Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units. (a) In this Section: "Minority person" means a person who is any of the | ||
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(1) American Indian or Alaska Native (a person having | ||
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(2) Asian (a person having origins in any of the | ||
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(3) Black or African American (a person having | ||
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(4) Hispanic or Latino (a person of Cuban, Mexican, | ||
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(5) Native Hawaiian or Other Pacific Islander (a | ||
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"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a | ||
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"Disability" means a severe physical or mental | ||
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"Minority owned business" means a business concern | ||
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"Female owned business" means a business concern that | ||
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"Business owned by a person with a disability" means | ||
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"Governmental unit" means the State, a unit of local | ||
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(b) In addition to any other penalties imposed by law or by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution. (c) In addition to any other penalties authorized by law, the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one-half times the amount of the contract obtained because of the false representation.
(Source: P.A. 102-465, eff. 1-1-22.) |
(720 ILCS 5/17-10.3) Sec. 17-10.3. Deception relating to certification of disadvantaged business enterprises. (a) Fraudulently obtaining or retaining certification. A person
who, in the course of business, fraudulently obtains or retains
certification as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business commits
a Class 2 felony. (b) Willfully making a false statement. A person who, in the
course of business, willfully makes a false statement whether by affidavit,
report or other representation, to an official or employee of a State
agency or the Business Enterprise Council for Minorities, Women, and Persons with Disabilities for the
purpose of influencing the certification or denial of certification of any
business entity as a minority-owned business, women-owned business, service-disabled veteran-owned small business, or veteran-owned small business
commits a Class 2 felony. (c) Willfully obstructing or impeding an official or employee of
any agency in his or her investigation.
Any person who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the
Business Enterprise Council for Minorities, Women, and Persons with Disabilities
who is investigating the qualifications of a business
entity which has requested certification as a minority-owned business, women-owned
business, service-disabled veteran-owned small business, or veteran-owned small business commits a Class 2 felony. (d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the course of
business, fraudulently obtains public moneys reserved for, or allocated or
available to, minority-owned businesses, women-owned businesses, service-disabled veteran-owned small businesses, or veteran-owned small businesses commits a
Class 2 felony. (e) Definitions. As used in this Article, "minority-owned
business", "women-owned business", "State agency" with respect to minority-owned businesses and women-owned businesses, and "certification" with respect to minority-owned businesses and women-owned businesses shall
have the meanings ascribed to them in Section 2 of the Business Enterprise for
Minorities, Women, and
Persons with Disabilities Act. As used in this Article, "service-disabled veteran-owned small business", "veteran-owned small business", "State agency" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses, and "certification" with respect to service-disabled veteran-owned small businesses and veteran-owned small businesses have the same meanings as in Section 45-57 of the Illinois Procurement Code.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; 101-601, eff. 1-1-20.) |
(720 ILCS 5/Art. 17, Subdiv. 15 heading)
SUBDIVISION 15. FRAUD ON A PRIVATE ENTITY
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-10.5)
Sec. 17-10.5. Insurance fraud. (a) Insurance fraud. (1) A person commits insurance fraud when he or she | ||
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(2) A person commits health care benefits fraud | ||
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(b) Aggravated insurance fraud. (1) A person commits aggravated insurance fraud on a | ||
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(2) A person commits being an organizer of an | ||
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(c) Conspiracy to commit insurance fraud. If aggravated insurance fraud on a private entity forms the basis for charges of conspiracy under Section 8-2 of this Code, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations. If aggravated insurance fraud on a private entity forms the basis for a charge of conspiracy under Section 8-2 of this Code, and the accused occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations. (d) Sentence. (1) A violation of paragraph (a)(1) in which the | ||
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(2) A violation of paragraph (a)(1) in which the | ||
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(3) A violation of paragraph (a)(1) in which the | ||
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(4) A violation of paragraph (a)(1) in which the | ||
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(5) A violation of paragraph (a)(2) is a Class A | ||
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(6) A violation of paragraph (b)(1) is a Class 1 | ||
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(7) A violation of paragraph (b)(2) is a Class X | ||
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(8) A person convicted of insurance fraud, vendor | ||
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(9) Notwithstanding Section 8-5 of this Code, a | ||
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(e) Civil damages for insurance fraud. (1) A person who knowingly obtains, attempts to | ||
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(2) An insurance company or self-insured entity that | ||
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(f) Determination of property value. For the purposes of this Section, if the exact value of the property
attempted to be obtained is either not alleged by the claimant or not
specifically set by the terms of a policy of insurance, the value
of the
property shall be the fair market replacement value of the property claimed to
be lost, the reasonable costs of reimbursing a vendor or other claimant for
services to be rendered, or both. (g) Actions by State licensing agencies. (1) All State licensing agencies, the Illinois State | ||
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(2) If a person who is licensed or registered under | ||
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(3) Any agency that receives information under this | ||
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(h) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/17-10.6) Sec. 17-10.6. Financial institution fraud. (a) Misappropriation of financial institution property. A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution. (b) Commercial bribery of a financial institution. (1) A person commits commercial bribery of a | ||
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(2) An employee, agent, or fiduciary of a financial | ||
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(c) Financial institution fraud. A person commits financial institution fraud when he or she knowingly executes or attempts to execute a scheme or artifice: (1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, | ||
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(d) Loan fraud. A person commits loan fraud when he or she knowingly, with intent to defraud, makes any false statement or report, or overvalues any land, property, or security, with the intent to influence in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security. (e) Concealment of collateral. A person commits concealment of collateral when he or she, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another any property mortgaged or pledged to or held by a financial institution. (f) Financial institution robbery. A person commits robbery when he or she knowingly, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, a financial institution. (g) Conspiracy to commit a financial crime. (1) A person commits conspiracy to commit a financial | ||
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(2) No person may be convicted of conspiracy to | ||
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(3) It shall not be a defense to conspiracy to commit | ||
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(A) has not been prosecuted or convicted; (B) has been convicted of a different offense; (C) is not amenable to justice; (D) has been acquitted; or (E) lacked the capacity to commit the offense. (h) Continuing financial crimes enterprise. A person commits a continuing financial crimes enterprise when he or she knowingly, within an 18-month period, commits 3 or more separate offenses constituting any combination of the following: (1) an offense under this Section; (2) a felony offense in violation of Section 16A-3 or | ||
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(3) if involving a financial institution, any other | ||
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(i) Organizer of a continuing financial crimes enterprise. (1) A person commits being an organizer of a | ||
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(A) with the intent to commit any offense, agrees | ||
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(i) an offense under this Section; (ii) a felony offense in violation of Section | ||
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(iii) if involving a financial institution, | ||
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(B) with respect to the other persons within the | ||
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(2) The person with whom the accused agreed to commit | ||
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(j) Sentence. (1) Except as otherwise provided in this subsection, | ||
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(A) does not exceed $500, is a Class A | ||
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(B) does not exceed $500, and the person has been | ||
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(C) exceeds $500 but does not exceed $10,000, is | ||
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(D) exceeds $10,000 but does not exceed $100,000, | ||
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(E) exceeds $100,000 but does not exceed | ||
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(F) exceeds $500,000 but does not exceed | ||
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(G) exceeds $1,000,000, is a Class X felony; when | ||
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(2) A violation of subsection (f) is a Class 1 felony. (3) A violation of subsection (h) is a Class 1 felony. (4) A violation for subsection (i) is a Class X | ||
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(k) A "financial crime" means an offense described in this Section. (l) Period of limitations. The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the offense is committed.
(m) Forfeiture. Any violation of subdivision (2) of subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to the remedies, procedures, and forfeiture as set forth in Article 29B of this Code. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.) |
(720 ILCS 5/17-10.7)
Sec. 17-10.7. Insurance claims for excessive charges. (a) A person who sells goods or services commits insurance claims for excessive charges if: (1) the person knowingly advertises or promises to | ||
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(A) all or part of any applicable insurance | ||
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(B) a rebate in an amount equal to all or part of | ||
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(2) the goods or services are paid for by the | ||
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(3) the person knowingly charges an amount for the | ||
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(b) A person who is insured under a property or casualty insurance
policy commits insurance claims for excessive charges if the person knowingly: (1) submits a claim under the policy based on charges | ||
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(2) knowingly allows a claim in violation of | ||
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(c) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 17, Subdiv. 20 heading)
SUBDIVISION 20. FRAUDULENT TAMPERING
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-11) (from Ch. 38, par. 17-11)
Sec. 17-11. Odometer or hour meter fraud. A person commits odometer or hour meter fraud when he or she disconnects, resets, or alters, or causes to be disconnected, reset, or altered, the odometer of any
used motor vehicle or the hour meter of any used farm implement to conceal or change the actual miles
driven or hours of operation with the intent to defraud another. A violation of this Section is a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
This Section does not apply to legitimate practices of automotive or implement
parts recyclers who recycle used odometers or hour meters for resale.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-11.1)
Sec. 17-11.1.
(Repealed).
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-11.2) Sec. 17-11.2. Airbag fraud. (a) Definitions. In this Section: "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a vehicle's supplemental restraint system. "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component, including but not limited to an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively. "Non-functional airbag" means a replacement airbag that meets any of the following criteria: (1) the airbag was previously deployed or damaged; (2) the airbag has an electric fault that is detected | ||
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(3) the airbag includes a part or object, including a | ||
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(4) the airbag is subject to the provisions of 49 | ||
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"Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 CFR 571.209. "Supplemental restraint system" includes one or more airbags and all components required to ensure that an air bag works as designed by the vehicle manufacturer, including both of the following: (1) the airbag operates as designed in the event of a | ||
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(2) the airbag is designed to meet federal motor | ||
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(b) A person commits airbag fraud when he or she, for consideration, knowingly: (1) imports, manufactures, sells, offers for sale, | ||
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(2) sells, offers for sale, installs, or reinstalls | ||
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(3) sells, leases, trades, or transfers a motor | ||
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(c) This Section does not apply to an owner or employee of a motor vehicle dealership or the owner of a vehicle, who, before the sale of the vehicle, does not have knowledge that the vehicle's airbag, or another component of the vehicle's supplemental restraint system, is counterfeit or non-functioning. (d) Sentence. A violation of this Section is a Class A misdemeanor.(Source: P.A. 103-900, eff. 8-9-24.) |
(720 ILCS 5/17-11.5) (was 720 ILCS 5/16-22) Sec. 17-11.5. Tampering with a security, fire, or life safety system.
(a) A person commits tampering with a security, fire, or life safety system when he or she knowingly damages, sabotages, destroys, or causes a permanent or temporary malfunction in any physical or electronic security, fire, or life safety system or any component part of any of those systems including, but not limited to, card readers, magnetic stripe readers, Wiegand card readers, smart card readers, proximity card readers, digital keypads, keypad access controls, digital locks, electromagnetic locks, electric strikes, electronic exit hardware, exit alarm systems, delayed egress systems, biometric access control equipment, intrusion detection systems and sensors, burglar alarm systems, wireless burglar alarms, silent alarms, duress alarms, hold-up alarms, glass break detectors, motion detectors, seismic detectors, glass shock sensors, magnetic contacts, closed circuit television (CCTV), security cameras, digital cameras, dome cameras, covert cameras, spy cameras, hidden cameras, wireless cameras, network cameras, IP addressable cameras, CCTV camera lenses, video cassette recorders, CCTV monitors, CCTV consoles, CCTV housings and enclosures, CCTV pan-and-tilt devices, CCTV transmission and signal equipment, wireless video transmitters, wireless video receivers, radio frequency (RF) or microwave components, or both, infrared illuminators, video motion detectors, video recorders, time lapse CCTV recorders, digital video recorders (DVRs), digital image storage systems, video converters, video distribution amplifiers, video time-date generators, multiplexers, switchers, splitters, fire alarms, smoke alarm systems, smoke detectors, flame detectors, fire detection systems and sensors, fire sprinklers, fire suppression systems, fire extinguishing systems, public address systems, intercoms, emergency telephones, emergency call boxes, emergency pull stations, telephone entry systems, video entry equipment, annunciators, sirens, lights, sounders, control panels and components, and all associated computer hardware, computer software, control panels, wires, cables, connectors, electromechanical components, electronic modules, fiber optics, filters, passive components, and power sources including batteries and back-up power supplies. (b) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-12)
Sec. 17-12. (Repealed).
(Source: P.A. 93-967, eff. 1-1-05. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-13)
Sec. 17-13. Fraud in transfers of real and personal property. (a) Conditional sale; sale without consent of title holder. No person purchasing personal property under a conditional sales
contract shall, during the existence of such conditional sales contract and
before the conditions thereof have been fulfilled, knowingly sell, transfer,
conceal, or in any manner dispose of such property, or cause or allow
the same to be done, without the written consent of the holder of title. (b) Acknowledgment of fraudulent conveyance. No officer
authorized to take the proof and acknowledgment of
a conveyance of real or personal property or other instrument
shall knowingly certify that the conveyance or other instrument was
duly proven or acknowledged by a party to the conveyance or other
instrument when no such acknowledgment or proof was
made, or was not made at the time it was certified to have been made, with
intent to injure or defraud or to enable any other person to injure or
defraud. (c) Fraudulent land sales. No person, after once
selling, bartering, or disposing of a
tract or tracts of land or a town lot or lots, or executing a bond or
agreement for the sale of lands or a town lot or lots, shall
again knowingly and with intent to defraud sell, barter, or dispose of the same tract or tracts of land or town lot or
lots, or any part of those tracts of land or town lot or lots,
or
knowingly and with intent to defraud execute a bond or agreement to
sell, barter, or dispose of the same land or lot or lots, or any
part of that land or lot or lots, to any other person for a
valuable consideration.
(d) Sentence. A violation of subsection (a) of this Section is a Class A misdemeanor. A violation of subsection (b) of this Section is a Class 4 felony. A violation of subsection (c) of this Section is a Class 3 felony. (Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-14)
Sec. 17-14.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-15)
Sec. 17-15.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-16)
(This Section was renumbered as Section 17-58 by P.A. 96-1551.) Sec. 17-16.
(Renumbered).
(Source: P.A. 89-234, eff. 1-1-96. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-17)
Sec. 17-17. Fraud in stock transactions. (a) No officer, director, or agent of a bank, railroad, or other corporation, nor any other person, shall
knowingly, and with intent to defraud, issue, sell, transfer, assign, or pledge, or cause or procure to be issued, sold,
transferred, assigned, or
pledged, any false, fraudulent, or simulated certificate or other evidence
of ownership of a share or shares of the capital stock of a bank, railroad, or other corporation.
(b) No officer, director, or agent of a bank, railroad, or other corporation shall knowingly sign, with intent to issue, sell, pledge, or cause to be issued, sold, or pledged, any false, fraudulent, or simulated certificate or other evidence of the ownership or transfer of a share or shares of the capital stock of that corporation, or an instrument purporting to be a certificate or other evidence of the ownership or transfer, the signing, issuing, selling, or pledging of which by the officer, director, or agent is not authorized by law. (c) Sentence. A violation of this Section is a Class 3 felony. (Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-18)
Sec. 17-18.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-19)
Sec. 17-19.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-20)
Sec. 17-20. Obstructing gas, water, or electric current meters. A person commits obstructing gas, water, or electric current meters when he or she knowingly, and
with intent to injure or defraud a
company, body corporate, copartnership, or individual, injures, alters,
obstructs, or prevents the
action of a meter provided for the purpose of measuring and
registering the quantity of gas, water, or electric current consumed by or
at a burner, orifice, or place, or supplied to a
lamp, motor, machine, or appliance, or causes,
procures, or aids the injuring or altering of any
such meter or the obstruction or prevention of its action, or makes or causes
to be made with a gas pipe, water
pipe, or
electrical conductor any connection so as to conduct or supply illumination or
inflammable gas, water, or electric current to any burner,
orifice, lamp, motor, or other machine or appliance
from which the gas, water, or electricity may be consumed or
utilized without passing through or being registered by a meter or without the
consent or acquiescence of the company, municipal corporation, body corporate,
copartnership, or individual furnishing or transmitting the
gas, water, or electric current through the gas pipe, water
pipe, or electrical conductor. A violation of this Section is a Class B
misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-21)
Sec. 17-21. Obstructing service meters. A person commits obstructing service meters when he or she knowingly, and,
with the intent to defraud, tampers with, alters, obstructs or prevents the
action of a meter, register, or other counting device that is a part of a
mechanical or electrical machine,
equipment, or device that measures service, without the
consent of the owner of the machine, equipment, or device. A violation of this Section
is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-22)
(This Section renumbered as Section 17-8.3 by P.A. 96-1551.) Sec. 17-22.
(Renumbered).
(Source: P.A. 90-390, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-23)
Sec. 17-23.
(Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-24)
Sec. 17-24. Mail fraud and wire fraud.
(a) Mail fraud. A person commits mail fraud when he or she: (1) devises or intends to devise any scheme or | ||
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(2) with the intent to execute such scheme or | ||
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(A) Places in any post office or authorized | ||
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(B) Deposits or causes to be deposited in this | ||
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(C) Takes or receives from mail or from a private | ||
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(D) Knowingly causes any such matter or thing to | ||
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(b) Wire fraud. A person commits wire fraud when he or she:
(1) devises or intends to devise a scheme or artifice | ||
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(2) for the purpose of executing the scheme or | ||
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(A) from within this State;
or
(B) so that the transmission is received by a | ||
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(C) so that the transmission may be accessed by a | ||
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(c) Jurisdiction. (1) Mail fraud using a government or private carrier | ||
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(2) Wire fraud occurs in the county from which a | ||
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(d) Sentence. A violation of this Section is a Class 3 felony.
The period of limitations for prosecution of any offense defined in this
Section begins at the time when the last act in furtherance of the scheme or
artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-25)
Sec. 17-25. (Repealed).
(Source: P.A. 92-818, eff. 8-21-02. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/17-26)
Sec. 17-26. Misconduct by a corporate official.
(a) A person commits misconduct by a corporate official when:
(1) being a director of a corporation, he or she | ||
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(A) making a dividend except in the manner | ||
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(B) dividing, withdrawing or in any manner paying | ||
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(C) discounting or receiving any note or other | ||
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(D) receiving or discounting any note or other | ||
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(E) applying any portion of the funds of such | ||
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(2) being a director or officer of a corporation, he | ||
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(A) issues, participates in issuing, or concurs | ||
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(B) sells, or agrees to sell, or is directly | ||
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(C) executes a scheme or attempts to execute a | ||
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(3) being a director or officer of a corporation, he | ||
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(A) causes or attempts to cause a corporation or | ||
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(B) causes or attempts to cause a corporation or | ||
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(b) Sentence. If the benefit derived from a violation of this Section is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the violation is a
Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-27)
Sec. 17-27. Fraud on creditors.
(a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or other person
entitled to administer property for the benefit of creditors, or that any other
composition or liquidation for the benefit of creditors has been or is about to
be made, he or she:
(1) destroys, removes, conceals, encumbers, | ||
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(2) knowingly falsifies any writing or record | ||
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(3) knowingly misrepresents or refuses to disclose to | ||
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Sentence. If the benefit derived from a violation of this subsection (a) is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this subsection (a) is less than $500,000, the violation is a
Class 3 felony.
(b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000.(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-28) (This Section was renumbered as Section 17-57 by P.A. 96-1551.) Sec. 17-28. (Renumbered).
(Source: P.A. 93-691, eff. 7-9-04. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-29) (This Section was renumbered as Section 17-10.2 by P.A. 96-1551.) Sec. 17-29. (Renumbered).
(Source: P.A. 97-396, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
Sec. 17-30. Defaced, altered, or removed manufacturer or owner identification number. (a) Unlawful sale of household appliances. A person commits unlawful
sale of household
appliances when he or she knowingly, with the intent to defraud or deceive
another, keeps for sale, within any commercial
context, any household appliance with a missing, defaced, obliterated, or
otherwise altered manufacturer's identification number.
(b) Construction equipment identification defacement. A person commits construction equipment identification defacement when he or she knowingly changes,
alters, removes, mutilates, or
obliterates a permanently affixed serial number, product identification number,
part number, component identification number, owner-applied identification,
or other mark of identification attached to or stamped, inscribed, molded,
or etched into a machine or other equipment, whether stationary or mobile
or self-propelled, or a part of such machine or equipment, used in the construction,
maintenance, or demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways, dams, airports,
or waterways or in material handling for such projects. The trier of fact may infer that the defendant has knowingly changed, altered, removed, or obliterated the serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification, if the defendant was in possession of any machine or other equipment or a part of such machine
or equipment used in the construction, maintenance, or demolition of buildings,
structures, bridges, tunnels, sewers, utility pipes or lines, ditches or
open cuts, roads, highways, dams, airports, or waterways or in material handling
for such projects upon which any such serial number, product identification
number, part number, component identification number, owner-applied identification
number, or other mark of identification has been changed, altered,
removed, or obliterated. (c) Defacement of manufacturer's serial number or identification mark. A person commits defacement of a manufacturer's serial number or identification mark when he or she knowingly removes, alters, defaces, covers, or destroys the
manufacturer's serial number or any other manufacturer's number or
distinguishing identification mark upon any machine or other article of
merchandise, other than a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act, with the intent of concealing or destroying the
identity of such machine or other article of merchandise. (d) Sentence. (1) A violation of subsection (a) of this Section is | ||
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(2) A violation of subsection (b) of this Section is | ||
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(3) A violation of subsection (c) of this Section is | ||
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(e) No liability shall be imposed upon any person for the unintentional
failure to comply with subsection (a).
(f) Definitions. In this Section: "Commercial context" means a continuing business enterprise conducted
for profit by any person whose primary business is the wholesale or retail
marketing of household appliances, or a significant portion of whose business
or inventory consists of household appliances
kept or sold on a wholesale or retail basis. "Household appliance" means any gas or electric device or machine
marketed for use as home entertainment or for facilitating or expediting
household tasks or chores. The term shall include but not necessarily be
limited to refrigerators, freezers, ranges, radios, television sets, vacuum
cleaners, toasters, dishwashers, and other similar household items. "Manufacturer's identification number" means any serial number or
other similar numerical or alphabetical designation imprinted upon or attached
to or placed, stamped, or otherwise imprinted upon or attached to a household
appliance or item by the manufacturer for purposes of identifying a particular
appliance or item individually or by lot number. (Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/Art. 17, Subdiv. 25 heading) SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-31) Sec. 17-31. False statement to procure credit or debit card. A person commits false statement to procure credit or debit card when he or she makes or causes to be made, either directly or
indirectly, any false statement in writing, knowing it to be false and with
the intent that it be relied on, respecting his or her identity, his or her address, or his or her
employment, or that of any other person, firm, or corporation, with the intent to procure the issuance of a credit card or debit card. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-32) Sec. 17-32. Possession of another's credit, debit, or identification card. (a) Possession of another's identification card. A person commits possession of another's identification card when he or she, with the intent to defraud, possesses any
check guarantee card or key card or identification card for cash dispensing
machines without the authority of the account holder or financial
institution. (b) Possession of another's credit or debit card. A person commits possession of another's credit or debit card when he or she receives a credit card or debit card from the
person, possession, custody, or control of another without the cardholder's
consent or if he or she, with knowledge that it has been so acquired, receives the
credit card or debit card with the intent to use it or to sell it, or to
transfer it to a person other than the issuer or the cardholder. The trier of fact may infer that a person who has in his or her possession
or under his or her
control 2 or more such credit cards or debit cards each issued to a cardholder other than himself or herself has violated this Section. (c) Sentence. (1) A violation of subsection (a) of this Section is | ||
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(2) A violation of subsection (b) of this Section is | ||
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(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-33) Sec. 17-33. Possession of lost or mislaid credit or debit card. A person who receives a credit card or debit card that he or she
knows to have been lost or mislaid and who retains possession with intent
to use it or to sell it or to transfer it to a person other than the issuer
or the cardholder is guilty of a Class 4 felony. A person who, in a single transaction, violates this Section with
respect to 3 or more credit cards or debit cards each issued to
different cardholders other than himself or herself is guilty of a Class
3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-34) Sec. 17-34. Sale of credit or debit card. A person other than the issuer who sells a credit card or
debit card, without the consent of the issuer, is guilty of a Class
4 felony. A person who knowingly purchases a credit card or debit card from a person
other than the issuer, without the consent of the issuer, is guilty of a
Class 4 felony. A person who, in a single transaction, makes a sale or purchase
prohibited by this Section with respect to 3 or more credit cards or
debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-35) Sec. 17-35. Use of credit or debit card as security for debt. A person who, with intent to defraud either the issuer, or a
person providing an item or items of
value, or any other person, obtains control over a credit card or debit
card as security for debt or transfers, conveys, or gives control over a
credit card or debit card as security for debt is guilty of a Class 4
felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-36) Sec. 17-36. Use of counterfeited, forged, expired, revoked, or unissued credit or debit card. A person who, with intent to defraud either the issuer, or a person
providing an item or items of value, or
any other person, (i) uses, with the intent to obtain an item or items of value, a credit card or debit
card obtained or retained in violation of this Subdivision 25 or without the
cardholder's consent, or a credit card or debit card which he or she knows is
counterfeited, or forged, or expired, or revoked or (ii) obtains or
attempts to obtain an item or items
of value by representing without the consent of the cardholder that he or she is
the holder of a specified card or by representing that he or she is the holder of a
card and such card has not in fact been issued is guilty of a Class
4 felony if the value of all items of value obtained or sought in violation of this
Section does not exceed $300 in any 6-month period; and is guilty of a
Class 3 felony if the value exceeds $300 in any 6-month period.
The trier of fact may infer that knowledge of revocation
has been received by a cardholder 4 days after it has
been mailed to him or her at the address set forth on the credit card or debit
card or at his or her last known address by registered or certified mail, return
receipt requested, and, if the address is more than 500 miles from the
place of mailing, by air mail. The trier of fact may infer that notice was received 10 days after mailing by registered or certified mail if the address is located outside the United
States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-37) Sec. 17-37. Use of credit or debit card with intent to defraud. (a) A cardholder who uses a credit card or debit card issued to
him or her, or allows another person to use a credit card or debit card issued
to him or her, with intent to defraud the
issuer, or a person providing an item or items of value, or any other person is guilty of a Class A
misdemeanor if the value of all items of value does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if the value exceeds $150 in
any 6-month period.
(b) Where an investigation into an intent to defraud under subsection (a) occurs, issuers shall consider a merchant's timely submission of compelling evidence under the applicable dispute management guidelines of the card association with whom the merchant maintains an agreement. A merchant shall comply with merchant responsibilities under any such agreement. (Source: P.A. 102-757, eff. 5-13-22.) |
(720 ILCS 5/17-38) Sec. 17-38. Use of account number or code with intent to defraud; possession of record of charge forms. (a) A person who, with intent to defraud either an issuer, or a person
providing an item or items of value, or
any other person, utilizes an account number or code or enters
information on a record of charge form with the intent to obtain an item or items of
value is guilty of a Class 4 felony if the value of
the item or items of value obtained does not exceed $150
in any 6-month period; and is guilty of a Class 3 felony if the
value exceeds
$150 in any 6-month period. (b) A person who, with intent to defraud either an issuer or a person
providing an item or items of value, or
any other person, possesses, without the consent of the issuer or purported
issuer, record of charge forms bearing the printed impression of a credit
card or debit card is guilty of a Class 4 felony.
The trier of fact may infer intent to defraud from the possession of such record of
charge forms by a person other than the issuer or a person authorized by
the issuer to possess record of charge forms.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-39) Sec. 17-39. Receipt of goods or services. A person who receives an item or items
of value obtained in violation of this Subdivision 25, knowing that it was so obtained
or under such circumstances as would reasonably induce him or her to believe that
it was so obtained, is guilty of a Class A misdemeanor if the value of all
items of value obtained does
not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if
the value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-40) Sec. 17-40. Signing another's card with intent to defraud. A person other than the cardholder or a person authorized by him
or her who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person,
signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-41) Sec. 17-41. Altered or counterfeited card. (a) A person commits an offense under this Section when he or she, with intent to defraud either a purported issuer, or a
person providing an item or items of
value, or any other person, commits an offense under this Section if he or she: (i) alters a credit card or debit card or a
purported credit card or debit
card, or possesses a credit card or debit card or a purported credit card or debit
card with knowledge
that the same has been altered; or (ii) counterfeits a purported credit card or debit
card, or possesses a purported credit card or debit card with knowledge
that the card has been counterfeited. (b) Sentence. A violation of item (i) of subsection (a) is a Class 4 felony.
A violation of item (ii) of subsection (a) is a Class 3 felony.
The trier of fact may infer that
possession of 2 or more credit cards or debit cards by a person other than the issuer
in violation of subsection (a) is evidence that the person intended to
defraud or that he or she knew the credit cards or debit cards to have been so altered or counterfeited.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-42) Sec. 17-42. Possession of incomplete card. A person other than the cardholder possessing an incomplete
credit card or debit card, with intent to complete it without the
consent of the issuer or a person possessing, with knowledge of its
character, machinery, plates, or any other contrivance designed to reproduce
instruments purporting to be credit cards or debit cards of an issuer
who has not consented to the preparation of such credit cards or debit
cards is guilty of a Class 3 felony.
The trier of fact may infer that a person other than the cardholder or issuer who
possesses 2 or more incomplete credit cards or debit cards possesses those cards without the consent of the issuer.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-43) Sec. 17-43. Prohibited deposits. (a) A person who, with intent to
defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person,
deposits into his or her account or any account, via an electronic fund transfer
terminal, a check, draft, money order, or other such document, knowing
such document to be false, fictitious, forged, altered, counterfeit, or not
his or her lawful or legal property, is guilty of
a Class 4 felony. (b) A person who receives value as a result of a false, fictitious,
forged, altered, or counterfeit check, draft, money order, or other
such document having been deposited into an account via an electronic fund
transfer terminal, knowing at the time of receipt of the value that the
document so deposited was false, fictitious, forged, altered, counterfeit,
or not his or her lawful or legal property, is
guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-44) Sec. 17-44. Fraudulent use of electronic transmission. (a) A person
who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other
person, intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates electronic
information to an electronic fund transfer terminal or to the issuer, via
any line, wire, or other means of electronic transmission, at any
junction, terminal, or device, or at any location within the EFT System,
with the intent to obtain value, is
guilty of a Class 4 felony. (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or
any other person, intercepts, taps, or alters electronic information
between an electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal or to the
issuer, via any line, wire, or other means of electronic transmission, at
any junction, terminal, or device, or at any location within the EFT System,
and thereby causes funds to be transferred from one account to any other
account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-45) Sec. 17-45. Payment of charges without furnishing item of value. (a) No person shall process, deposit, negotiate, or obtain payment of a
credit card charge through a retail seller's account with a financial
institution or through a retail seller's agreement with a financial
institution, card issuer, or organization of financial institutions or card
issuers if that retail seller did not furnish or agree to furnish the
item or items of value that are the subject of the credit
card charge. (b) No retail seller shall permit any person to process, deposit,
negotiate, or obtain payment of a credit card charge through the retail
seller's account with a financial institution or the retail seller's
agreement with a financial institution, card issuer, or
organization of financial institutions or card issuers if that retail
seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge. (c) Subsections (a) and (b) do not apply to any of the following: (1) A person who furnishes goods or services on the | ||
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(2) A general merchandise retail seller who permits a | ||
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(3) A franchisee who furnishes the cardholder with an | ||
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(4) A franchisor who permits a franchisee described | ||
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(5) The credit card issuer or a financial institution | ||
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(6) A person who processes, deposits, negotiates, or | ||
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(7) A telecommunications carrier that includes | ||
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(d) A person injured by a violation of this Section may bring an
action for the recovery of damages, equitable relief, and reasonable
attorney's fees and costs. (e) A person who violates this Section is guilty of a business offense
and shall be fined $10,000 for each offense.
Each occurrence in which a person processes, deposits, negotiates, or
otherwise seeks to obtain payment of a credit card charge in violation of
subsection (a) constitutes a separate offense. (f) The penalties and remedies provided in this Section are in addition
to any other remedies or penalties provided by law. (g) As used in this Section: "Franchisor" and "franchisee" have the same meanings as in Section
3 of the Franchise Disclosure Act of 1987. "Retail seller" has the same meaning as in Section 2.4 of the
Retail Installment Sales Act. "Telecommunications carrier" has the same meaning as in Section
13-202 of the Public Utilities Act.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-46)
Sec. 17-46. Furnishing items of value with intent to defraud. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, furnishes
money, goods, property, services or anything else of value upon
presentation of a credit card or debit card obtained or retained in
violation of this Code or a credit card or debit card which
he knows is counterfeited, or forged, or expired, or revoked is guilty of a
Class A misdemeanor, if the value furnished in violation
of this Section does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if such value exceeds $150
in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-47)
Sec. 17-47. Failure to furnish items of value. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, fails to
furnish money, goods, property, services or anything else of value which he
represents in writing to the issuer that he has furnished is guilty of a
Class A misdemeanor if the difference between the value of
all money, goods, property, services and anything else of value actually
furnished and the value represented to the issuer to have been furnished
does not exceed $150 in any 6-month period; and is guilty of a
Class 4 felony if such difference exceeds $150 in any 6-month
period.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-48) Sec. 17-48. Repeat offenses. Any person convicted of a second or subsequent offense under
this Subdivision 25 is guilty of a Class 3 felony. For purposes of this Section, an offense is considered a second or
subsequent offense if, prior to his or her conviction of the offense, the offender
has at any time been convicted under this Subdivision 25, or under any prior Act, or under
any law of the United States or of any state relating to credit card or debit card
offenses.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-49) Sec. 17-49. Severability. If any provision of this Subdivision 25 or its application to any person or
circumstances is held invalid, the invalidity shall not affect other
provisions or applications of this Subdivision 25 which can be given effect without the
invalid provision or application, and to this end the provisions of this
Subdivision 25 are declared to be severable.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-49.5) Sec. 17-49.5. Telephone Charge Fraud Act unaffected. Nothing contained in this Subdivision 25 shall be construed to repeal, amend, or
otherwise affect the Telephone Charge Fraud Act.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 17, Subdiv. 30 heading) SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
Sec. 17-50. Computer fraud. (a) A person commits computer
fraud when he or she knowingly:
(1) Accesses or causes to be accessed a computer or | ||
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(2) Obtains use of, damages, or destroys a computer | ||
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(3) Accesses or causes to be accessed a computer or | ||
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(b) Sentence. (1) A violation of subdivision (a)(1) of this Section | ||
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(2) A violation of subdivision (a)(2) of this Section | ||
| ||
(3) A violation of subdivision (a)(3) of this Section:
(i) is a Class 4 felony if the value of the | ||
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(ii) is a Class 3 felony if the value of the | ||
| ||
(iii) is a Class 2 felony if the value of the | ||
| ||
(c) Forfeiture of property. Any person who commits computer
fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits
computer tampering when he or she knowingly and without the authorization of a
computer's owner or in excess of
the authority granted to him or her:
(1) Accesses or causes to be accessed a computer or | ||
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(2) Accesses or causes to be accessed a computer or | ||
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(3) Accesses or causes to be accessed a computer or | ||
| ||
(4) Inserts or attempts to insert a program into a | ||
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(A) damage or destroy that computer, or any other | ||
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(B) alter, delete, or remove a computer program | ||
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(C) cause loss to the users of that computer or | ||
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(5) Falsifies or forges electronic mail transmission | ||
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(a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which:
(1) is primarily designed or produced for the purpose | ||
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(2) has only a limited commercially significant | ||
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(3) is marketed by that person or another acting in | ||
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(a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a
computer's owner if: (1) the owner authorizes patrons, customers, or | ||
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(2) the owner authorizes the public to access the | ||
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(3) the person accesses the computer network in | ||
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(b) Sentence.
(1) A person who commits computer tampering as set | ||
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(2) A person who commits computer tampering as set | ||
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(3) A person who commits computer tampering as set | ||
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(4) If an injury arises from the transmission of | ||
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(5) If an injury arises from the transmission of | ||
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(6) The provisions of this Section shall not be | ||
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(c) Whoever suffers loss by reason of a violation of subdivision (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)
|
(720 ILCS 5/17-52) (was 720 ILCS 5/16D-4)
Sec. 17-52. Aggravated computer tampering. (a) A person commits
aggravated computer tampering when he or she commits computer
tampering as set forth in paragraph (a)(3) of Section 17-51 and he or she knowingly:
(1) causes disruption of or interference with vital | ||
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(2) creates a strong probability of death or great | ||
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(b) Sentence. (1) A person who commits aggravated computer | ||
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(2) A person who commits aggravated computer | ||
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(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) Sec. 17-52.5. Unlawful use of encryption. (a) For the purpose of this Section: "Computer" has the meaning ascribed to the term in | ||
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"Encryption" means the use of any protective or | ||
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"Network" means a set of related, remotely connected | ||
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"Program" means an ordered set of data representing | ||
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"System" means a set of related equipment, whether or | ||
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(b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to: (1) commit, facilitate, further, or promote any | ||
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(2) aid, assist, or encourage another person to | ||
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(3) conceal evidence of the commission of any | ||
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(4) conceal or protect the identity of a person who | ||
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(c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section. (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense. (e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 101-87, eff. 1-1-20.) |
(720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
Sec. 17-54. Evidence of lack of authority. For the purposes of Sections 17-50 through 17-52, the trier of fact may infer that a person accessed a computer without the authorization of its owner or in excess of the authority granted if the person accesses or causes to be accessed a computer, which access
requires a confidential or proprietary code which has not been issued to or
authorized for use by that person. This Section does not apply to a person who acquires access in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
(Source: P.A. 99-775, eff. 8-12-16.)
|
(720 ILCS 5/17-55) Sec. 17-55. Definitions. For the purposes of this subdivision 30: In addition to its meaning as defined in Section 15-1 of this Code,
"property" means: (1) electronic impulses;
(2) electronically produced data; (3) confidential, copyrighted, or proprietary
information; (4) private identification codes or numbers which permit access to
a computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic fund
transfers; (5) software or programs in either machine or human readable
form; or (6) any other tangible or intangible item relating to a computer
or any part thereof. "Access" means to use, instruct, communicate with, store data
in, retrieve or intercept data from, or otherwise utilize any services
of, a computer, a network, or data. "Services" includes but is not limited to computer time, data
manipulation, or storage functions. "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private
and public utility companies, or law enforcement agencies.
(Source: P.A. 101-87, eff. 1-1-20.) |
(720 ILCS 5/Art. 17, Subdiv. 35 heading) SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3) Sec. 17-56. Financial exploitation of an elderly person or a person with a disability. (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly: (1) by deception or intimidation obtains control over | ||
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(2) illegally uses the assets or resources of an | ||
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(b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more. (c) For purposes of this Section: (1) "Elderly person" means a person 60 years of age | ||
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(2) "Person with a disability" means a person who | ||
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(3) "Intimidation" means the communication to an | ||
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(4) "Deception" means, in addition to its meaning as | ||
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The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust. (d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986. (e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance. (f) Not a defense. It shall not be a defense to financial exploitation 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. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. (g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. (h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence. (Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24.) |
(720 ILCS 5/17-57) (was 720 ILCS 5/17-28) Sec. 17-57. Defrauding drug and alcohol screening tests. (a) It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or | ||
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(2) substitute or spike a sample or advertise a | ||
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(3) adulterate synthetic or human substances with the | ||
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(4) manufacture, sell, or possess adulterants that | ||
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(b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products. (c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000. (d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-58)
(was 720 ILCS 5/17-16)
Sec. 17-58. Fraudulent production of infant. A person
who fraudulently produces an infant, falsely
pretending it to have been born of parents whose child would be entitled to a
share of a personal estate, or to inherit real estate, with
the intent of intercepting the inheritance of the real estate,
or the distribution of the personal property from a person lawfully entitled to
the personal property,
is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-59) (was 720 ILCS 5/39-1)
Sec. 17-59. Criminal
usury.
(a) A person commits criminal usury when, in exchange for either a
loan of money or other property or forbearance from the collection of such
a loan, he or she knowingly contracts for or receives from an individual, directly
or indirectly, interest, discount, or other consideration at a rate greater
than 20% per annum either before or after the maturity of the loan.
(b) When a person has in his or her personal or constructive possession
records, memoranda, or other documentary record of usurious loans, the trier of fact may infer that he or she has violated subsection (a) of this Section.
(c) Sentence. Criminal usury is a Class 4 felony. (d) Non-application to licensed persons. This Section does not apply to any loan authorized to be made by any
person licensed under the Consumer Installment Loan Act or to any loan permitted by
Sections 4, 4.2 and 4a of the Interest Act or by any other
law of this State. (Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/17-60) (was 720 ILCS 5/17-7)
Sec. 17-60. Promotion of pyramid sales schemes. (a) A person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme commits a Class A misdemeanor. (b) The term "pyramid
sales scheme" means any plan or operation whereby a person, in exchange
for money or other thing of value, acquires the opportunity to receive a
benefit or thing of value, which is primarily based upon the inducement
of additional persons, by himself or others, regardless of number, to participate
in the same plan or operation and is not primarily contingent on the volume
or quantity of goods, services, or other property sold or distributed or
to be sold or distributed to persons for purposes of resale to consumers.
For purposes of this subsection, "money or other thing of value" shall not
include payments
made for sales demonstration equipment and materials furnished on a nonprofit
basis for use in making sales and not for resale.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/17-61)
Sec. 17-61. Unauthorized use of university stationery. (a) No person, firm or corporation shall use the official stationery or
seal or a facsimile thereof, of any State supported university, college or
other institution of higher education or any organization thereof unless
approved in writing in advance by the university, college or institution of
higher education affected, for any private promotional scheme wherein it is
made to appear that the organization or university, college or other
institution of higher education is endorsing the private promotional
scheme. (b) A violation of this Section is a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-62) Sec. 17-62. Unlawful possession of device for manufacturing a false universal price code label. It is unlawful for a person to knowingly possess a device the purpose of which is to manufacture a false, counterfeit, altered, or simulated universal price code label. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 17A heading) ARTICLE 17A.
DISQUALIFICATION FOR STATE BENEFITS
(Repealed)(Article repealed by P.A. 96-1551, eff. 7-1-11)
|
(720 ILCS 5/Art. 17B heading)
ARTICLE 17B.
WIC FRAUD
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
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(720 ILCS 5/Art. 18 heading) ARTICLE 18.
ROBBERY
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(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery; aggravated robbery.
(a) Robbery. A person commits robbery when he or she knowingly takes property, except a
motor vehicle covered by Section 18-3 or 18-4,
from the person or presence of another by the use of force or by
threatening the imminent use of force.
(b) Aggravated robbery. (1) A person commits aggravated robbery when he or | ||
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(2) A person commits aggravated robbery when he or | ||
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(c) Sentence.
Robbery is a Class 2 felony, unless the victim is 60 years of age
or over or is a person with a physical disability, or the robbery is
committed
in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
(d) Regarding penalties prescribed in subsection
(c) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether
children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2.
Armed robbery.
(a) A person commits armed robbery when he or she violates Section 18-1;
and
(1) he or she carries on or about his or her person | ||
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(2) he or she carries on or about his or her person | ||
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(3) he or she, during the commission of the offense, | ||
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(4) he or she, during the commission of the offense, | ||
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(b) Sentence.
Armed robbery
in violation of subsection (a)(1)
is a Class X felony.
A violation of subsection (a)(2) 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)(3) 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)(4) 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.
(Source: P.A. 91-404, eff. 1-1-00.)
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(720 ILCS 5/18-3)
Sec. 18-3. Vehicular hijacking.
(a) A person commits vehicular hijacking when he or she knowingly takes a motor
vehicle from the person or the immediate presence of another by the use of
force or by threatening the imminent use of force.
(b) Sentence. Vehicular hijacking is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or she violates
Section 18-3; and
(1) the person from whose immediate presence the | ||
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(2) a person under 16 years of age is a passenger in | ||
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(3) he or she carries on or about his or her person, | ||
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(4) he or she carries on or about his or her person | ||
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(5) he or she, during the commission of the offense, | ||
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(6) he or she, during the commission of the offense, | ||
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(b) Sentence. Aggravated vehicular hijacking in violation of subsections
(a)(1) or (a)(2) is a Class X felony.
A violation of subsection (a)(3) is a Class X
felony for which a term of imprisonment of not less than 7 years shall be
imposed.
A violation of subsection (a)(4) 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)(5) 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)(6) 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.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/18-5)
Sec. 18-5.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/18-6) (was 720 ILCS 5/12-11.1)
Sec. 18-6. Vehicular invasion.
(a) A person commits vehicular
invasion when he or she knowingly, by force and without lawful justification,
enters or reaches into the interior of a motor vehicle while the 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. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/Art. 19 heading) ARTICLE 19.
BURGLARY
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(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters
or without authority remains within a building, housetrailer, watercraft,
aircraft, motor vehicle, railroad
car, freight container, or any part thereof, with intent to commit therein a felony or theft.
This offense shall not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of
worship is a
Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
(c) Regarding penalties prescribed in subsection
(b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 102-546, eff. 1-1-22.)
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(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
Sec. 19-2. Possession of burglary tools.
(a) A person commits
possession of burglary tools when he
or she possesses any key, tool, instrument, device, or any explosive, suitable for
use in breaking into a building, housetrailer, watercraft, aircraft, motor
vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part thereof,
with intent to enter that place and with intent to commit therein a
felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey. (a-5) A person also commits possession of burglary tools when he or she, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use | ||
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(2) capture or duplicate a signal from the key fob | ||
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(b) Sentence. Possession of burglary tools is a Class 4
felony.
(Source: P.A. 102-903, eff. 1-1-23.)
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(720 ILCS 5/19-2.5) Sec. 19-2.5. Unlawful sale of burglary tools. (a) For the purposes of this Section: "Lock bumping" means a lock picking technique for | ||
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"Motor vehicle" has the meaning ascribed to it in the | ||
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(b) A person commits
the offense of unlawful sale of burglary tools when he
or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part of that property. (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card. (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony.
(Source: P.A. 96-1307, eff. 1-1-11.) |
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3) Sec. 19-3. Residential burglary. (a) A person commits
residential burglary when he or she knowingly and without authority enters or knowingly
and without authority remains within the
dwelling place of another, or any part thereof, with the intent to commit
therein a felony or theft. This offense includes the offense of
burglary as defined in Section 19-1. (a-5) A person commits
residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit
therein a felony or theft or to facilitate the commission therein of a felony or theft by another. (b) Sentence. Residential burglary is a Class 1 felony.(Source: P.A. 96-1113, eff. 1-1-11; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits criminal trespass to a residence when, without authority, he
or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
(2) A person commits criminal trespass to a residence when,
without authority, he or she knowingly enters the residence of another and
knows or has
reason to know that one or more persons is present or he or she knowingly
enters the
residence of another and remains in the residence after he or she knows or has
reason to
know that one or more persons is present.
(a-5) For purposes of this Section, in the case of a multi-unit
residential building
or complex, "residence" shall only include the portion of the building or
complex which is the actual dwelling place of any person and shall not include
such places as common recreational areas or lobbies.
(b) Sentence.
(1) Criminal trespass to a residence under paragraph | ||
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(2) Criminal trespass to a residence under paragraph | ||
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(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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(720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
Sec. 19-5. Criminal fortification of a residence or building. (a) A
person commits criminal fortification of a residence or
building when, with the intent to prevent the lawful entry of a law
enforcement officer or another, he or she maintains a residence or building in a
fortified condition, knowing that the residence or building is used for the unlawful
manufacture, storage with intent to deliver or manufacture, delivery, or trafficking of cannabis, controlled
substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) "Fortified condition" means preventing or impeding entry through the
use of steel doors, wooden planking, crossbars, alarm systems, dogs, video surveillance, motion sensing devices, booby traps, or
other similar means. If video surveillance is the sole component of the fortified condition, the video surveillance must be with the intent to alert an occupant to the presence of a law enforcement officer for the purpose of interfering with the official duties of a law enforcement officer, allowing removal or destruction of evidence, or facilitating the infliction of harm to a law enforcement officer. For the purposes of this Section, "booby trap" means any device, including but not limited to any explosive device, designed to cause physical injury or the destruction of evidence, when triggered by an act of a person approaching, entering, or moving through a structure.
(c) Sentence. Criminal fortification of a residence or building is a
Class 3 felony.
(d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act.
(Source: P.A. 98-897, eff. 1-1-15.)
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(720 ILCS 5/19-6) (was 720 ILCS 5/12-11) Sec. 19-6. 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 the dwelling place until he or she knows or has reason to know that one
or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and (1) While armed with a dangerous weapon, other than a | ||
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(2) Intentionally causes any injury, except as | ||
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(3) While armed with a firearm uses force or | ||
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(4) Uses force or threatens the imminent use of force | ||
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(5) Personally discharges a firearm that proximately | ||
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(6) Commits, against any person or persons within | ||
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(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 the dwelling place until he or she knows or has reason to know that one
or more persons is present either immediately leaves the 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. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/Art. 20 heading) ARTICLE 20.
ARSON
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(720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
Sec. 20-1. Arson; residential arson; place of worship arson.
(a) A person commits arson when, by means of fire or explosive, he or she
knowingly:
(1) Damages any real property, or any personal | ||
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(2) With intent to defraud an insurer, damages any | ||
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Property "of another" means a building or other property, whether real
or personal, in which a person other than the offender has an interest
which the offender has no authority to defeat or impair, even though the
offender may also have an interest in the building or property.
(b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another. (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship. (c) Sentence.
Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
Sec. 20-1.1. Aggravated Arson.
(a) A person commits
aggravated arson when in the course of committing arson he or she
knowingly
damages, partially or totally, any building or
structure, including any adjacent building or
structure, including all or any part of a school building, house trailer,
watercraft, motor
vehicle, or railroad car, and (1) he knows or reasonably should know that
one or
more persons are present therein or (2) any person suffers
great bodily harm, or permanent disability or disfigurement
as a result of the fire or explosion or (3) a fireman,
policeman, or correctional officer who is present at the scene acting in the line
of duty is injured as a result of the fire or explosion.
For purposes of this Section, property "of another" means a building or
other
property,
whether real or personal, in which a person other than the offender has an
interest that
the offender has no authority to defeat or impair, even though the offender may
also have
an interest in the building or property; and "school building"
means any public or private preschool, elementary or secondary school,
community college, college, or university.
(b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05; 94-393, eff. 8-1-05.)
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(720 ILCS 5/20-1.2)
Sec. 20-1.2.
(Repealed).
(Source: P.A. 90-787, eff. 8-14-98. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/20-1.3)
Sec. 20-1.3.
(Repealed).
(Source: P.A. 93-169, eff. 7-10-03. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/20-1.4)
Sec. 20-1.4. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)
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(720 ILCS 5/20-1.5)
Sec. 20-1.5. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)
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(720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
Sec. 20-2. Possession of explosives or explosive or incendiary devices.
(a) A person commits possession of explosives or
explosive or incendiary devices in violation of this Section when he or she
possesses, manufactures or transports
any explosive compound, timing or detonating device for use with any explosive
compound or incendiary device
and either intends to use the explosive or device to commit any offense or
knows that another intends to use the explosive or device to commit a
felony.
(b) Sentence.
Possession of explosives or explosive or incendiary devices is a Class 1 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to not less than 4
years and not more than 30 years.
(c) (Blank).
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/Art. 20.5 heading) ARTICLE 20.5.
CAUSING A CATASTROPHE; DEADLY SUBSTANCES
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(720 ILCS 5/20.5-5)
Sec. 20.5-5.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/20.5-6)
Sec. 20.5-6.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/Art. 21 heading) ARTICLE 21.
DAMAGE AND TRESPASS TO PROPERTY
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(720 ILCS 5/Art. 21, Subdiv. 1 heading) SUBDIVISION 1. DAMAGE TO PROPERTY
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages | ||
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(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another | ||
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(5) knowingly deposits on the land or in the building | ||
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(6) knowingly damages any property, other than as | ||
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(7) knowingly shoots a firearm at any portion of a | ||
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(8) knowingly, without proper authorization, cuts, | ||
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(9) intentionally, without proper authorization, | ||
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(b) When the charge of criminal damage to property exceeding a specified
value is brought, the extent of the damage is an element of the offense to
be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
(d) Sentence. (1) A violation of subsection (a) shall have the | ||
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(A) A violation of paragraph (8) or (9) is a | ||
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(B) A violation of paragraph (1), (2), (3), (5), | ||
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(C) A violation of paragraph (1), (2), (3), (5), | ||
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(D) A violation of paragraph (4) is a Class 4 | ||
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(E) A violation of paragraph (7) is a Class 4 | ||
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(F) A violation of paragraph (1), (2), (3), (5) | ||
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(G) A violation of paragraphs (1) through (6) is | ||
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(H) A violation of paragraphs (1) through (6) is | ||
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(I) A violation of paragraphs (1) through (6) is | ||
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(J) A violation of paragraphs (1) through (6) is | ||
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(2) When the damage to property exceeds $10,000, the | ||
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(3) In addition to any other sentence that may be | ||
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The community service requirement does not apply when | ||
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(4) In addition to any criminal penalties imposed | ||
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(5) For the purposes of this subsection (d), "farm | ||
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(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
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(720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4)
Sec. 21-1.01. Criminal Damage to Government Supported Property.
(a) A person commits criminal damage to government supported property when he or she knowingly:
(1) damages any government supported property | ||
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(2) by means of fire or explosive damages government | ||
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(3) starts a fire on government supported property | ||
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(4) deposits on government supported land or in a | ||
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(b) For the purposes of this Section, "government supported" means any property supported in whole or in part with
State funds, funds of a unit of local government or school district, or
federal funds administered or granted through State agencies. (c) Sentence. A violation of this Section is a Class 4 felony when the damage to property is $500 or
less; a Class 3 felony when the damage to property
exceeds $500 but does not exceed $10,000; a Class 2 felony when the damage
to property exceeds $10,000 but does not exceed $100,000; and a Class 1
felony when the damage to property exceeds $100,000. When the damage to property exceeds $10,000, the court shall impose
upon the offender a fine equal to the value of the damages to the property.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-1.1) (from Ch. 38, par. 21-1.1)
Sec. 21-1.1.
(Repealed).
(Source: P.A. 78-255. Repealed by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
Sec. 21-1.2. Institutional vandalism.
(a) A person commits institutional vandalism 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 or she knowingly and without consent
inflicts damage to any of the following properties:
(1) A church, synagogue, mosque, or other building, | ||
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(2) A cemetery, mortuary, or other facility used for | ||
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(3) A school, educational facility or community | ||
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(4) The grounds adjacent to, and owned or rented by, | ||
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(5) Any personal property contained in any | ||
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(b) Sentence. (1) Institutional vandalism is a Class 3 felony when | ||
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(2) Upon imposition of any sentence, the trial court | ||
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(c) Independent of any criminal prosecution or the result of that
prosecution, a person suffering damage to property or injury to his or her
person as a result of institutional vandalism 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 under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of
any judgment for actual damages rendered against the minor under this
subsection in an amount not exceeding the amount provided under Section
5
of the Parental Responsibility Law.
(d) As used in this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act. (Source: P.A. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17.)
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(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property when the person
knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the use of paint or
any other similar substance, or by the use of a writing instrument, etching
tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage.
(b) Sentence. (1) Criminal defacement of property is a Class A misdemeanor for a
first offense when the aggregate value of the damage to the property does not exceed $500. Criminal
defacement of property is a Class 4 felony when the aggregate value of the damage to property does not
exceed $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or subsequent
conviction or when the aggregate value of the damage to the property exceeds $500.
Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property
exceeds $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans.
(2) In addition to any other sentence that may be imposed
for a violation of this Section,
a person convicted of
criminal defacement of
property shall: (A) pay the actual costs incurred by the property | ||
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(B) if convicted of criminal defacement of property | ||
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(3) In addition to any
other sentence that may be imposed, a court shall order any person convicted of
criminal defacement of property to perform community service for not less than
30 and not more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage to property that was
caused by the offense, or similar damage to property located in the
municipality or county in which the offense occurred.
When the property damaged is a school building, the community service may
include cleanup, removal, or painting over the defacement.
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. (4) For the purposes of this subsection (b), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; 98-756, eff. 7-16-14; 99-631, eff. 1-1-17.)
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(720 ILCS 5/21-1.4)
Sec. 21-1.4. Jackrocks violation.
(a) A person commits a jackrocks violation when he or she knowingly: (1) sells, gives away, manufactures, purchases, or | ||
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(2) places, tosses, or throws a jackrock on public or | ||
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(b) As used in this Section, "jackrock" means a caltrop or other object
manufactured with
one or more rounded or sharpened points, which when placed or thrown present at
least one point at such an angle that it is peculiar to and designed for use in
puncturing or damaging vehicle tires. It does not include a device
designed to puncture or damage the tires of a vehicle driven over it in a
particular
direction, if a conspicuous and clearly visible warning is posted at the
device's location, alerting persons to its presence.
(c) This Section does not apply to the possession, transfer, or use of
jackrocks by any law enforcement officer in the course of his or her official
duties.
(d) Sentence. A jackrocks violation is a Class A misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-1.5)
Sec. 21-1.5. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)
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(720 ILCS 5/Art. 21, Subdiv. 5 heading) SUBDIVISION 5. TRESPASS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
Sec. 21-2. Criminal trespass to vehicles. (a) A person commits criminal trespass to vehicles when he or she knowingly and without authority enters any part of or operates
any vehicle, aircraft,
watercraft or snowmobile.
(b) Sentence. Criminal trespass to vehicles is a Class A misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-2.5) Sec. 21-2.5. Electronic tracking devices prohibited. (a) As used in this Section: "Electronic tracking device" means any device | ||
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"State agency" means all departments, officers, | ||
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"Telematics" includes, but is not limited to, | ||
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"Vehicle" has the meaning ascribed to it in Section | ||
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(b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person. (c) This Section does not apply: (1) when the registered owner, lessor, or lessee of a | ||
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(2) to the lawful use of an electronic tracking | ||
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(3) when the vehicle is owned or leased by a business | ||
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(4) when the vehicle is under the control of a State | ||
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(5) telematic services that were installed by the | ||
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(d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.) |
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) A person commits criminal trespass to real property when he or she:
(1) knowingly and without lawful authority enters or | ||
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(2) enters upon the land of another, after receiving, | ||
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(3) remains upon the land of another, after receiving | ||
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(3.5) presents false documents or falsely represents | ||
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(3.7) intentionally removes a notice posted on | ||
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(4) enters a field used or capable of being used for | ||
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For purposes of item (1) of this subsection, this Section shall not apply
to being in a building which is open to the public while the building is open
to the public during its normal hours of operation; nor shall this Section
apply to a person who enters a public building under the reasonable belief that
the building is still open to the public.
(b) A person has received notice from the owner or occupant within the
meaning of Subsection (a) if he or she has been notified personally, either orally
or in writing including a valid court order as defined by subsection (7)
of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy
(2) of subsection (b) of Section 112A-14 of that Code, or if a printed or
written notice forbidding such entry has been conspicuously posted or
exhibited at the main entrance to the land or the forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be: (1) A vertical line of at least 8 inches in length | ||
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(2) A post capped or otherwise marked on at least its | ||
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Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument. (b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants. (c) This Section does not apply to any person, whether a migrant worker
or otherwise, living on the land with permission of the owner or of his
or her agent having apparent authority to hire workers on this land and assign
them living quarters or a place of accommodations for living thereon, nor
to anyone living on the land at the request of, or by occupancy, leasing
or other agreement or arrangement with the owner or his or her agent, nor to
anyone invited by the migrant worker or other person so living on the
land to visit him or her at the place he is so living upon the land.
(d) A person shall be exempt from prosecution under this Section if
he or she beautifies unoccupied and abandoned residential and industrial properties
located within any municipality. For the purpose of this subsection,
"unoccupied and abandoned residential and industrial property" means any
real estate (1) in which the taxes have not been paid for a period of at
least 2 years; and (2) which has been left unoccupied and abandoned for a
period of at least one year; and "beautifies" means to landscape, clean up
litter, or to repair dilapidated conditions on or to board up windows
and doors.
(e) No person shall be liable in any civil action for money damages
to the owner of unoccupied and abandoned residential and industrial property
which that person beautifies pursuant to subsection (d) of this Section.
(e-5) Mortgagee or agent of the mortgagee exceptions. (1) A mortgagee or agent of the mortgagee shall be | ||
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(2) No mortgagee or agent of the mortgagee shall be | ||
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(3) For the purpose of this subsection (e-5) only, | ||
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(f) This Section does not prohibit a person from entering a building or
upon the land of another for emergency purposes. For purposes of this
subsection (f), "emergency" means a condition or circumstance in which an
individual is or is reasonably believed by the person to be in imminent danger
of serious bodily harm or in which property is or is reasonably believed to be
in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor. (i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i): "Land" includes, but is not limited to, land used for | ||
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"Owner" means the person who has the right to | ||
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"Vehicle" has the same meaning as provided under | ||
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(j) This Section does not apply to the following persons while serving process: (1) a person authorized to serve process under | ||
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(2) a special process server appointed by the circuit | ||
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(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13.)
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(720 ILCS 5/21-4) (from Ch. 38, par. 21-4)
(This Section was renumbered as Section 21-1.01 by P.A. 97-1108.) Sec. 21-4.
(Renumbered).
(Source: P.A. 89-30, eff. 1-1-96. Renumbered by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
Sec. 21-5. Criminal
trespass to State supported land.
(a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land, after receiving, prior to the
entry, notice from the State or its representative that the entry is
forbidden, or remains upon the land or in the building after receiving
notice from the State or its representative to depart, and who thereby
interferes with another person's lawful use or enjoyment of the building
or land.
A person has received notice from the State within the meaning of
this subsection if he or she has been notified personally, either orally or in
writing, or if a printed or written notice forbidding entry to him or her or
a group of which he or she is a part, has been conspicuously posted or exhibited
at the main entrance to the land or the forbidden part thereof. (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right of way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, the Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right of way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property. A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right of way or the forbidden part of the right of way. As used in this subsection (a-5), "right of way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code. (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby
interferes with another person's lawful use or enjoyment of the building
or land. This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land in the performance of his or her official duties.
(c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
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(720 ILCS 5/21-5.5) Sec. 21-5.5. Criminal trespass to a safe school zone. (a) As used in this Section: "Employee" means a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor. "Employee" includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his or her designee. "School administrator" means the school's principal, or his or her designee. "Safe school zone" means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity. This shall include any school property, ground, or street, sidewalk, or public way immediately adjacent thereto and any public right-of-way situated immediately adjacent to school property. The safe school zone shall not include any portion of the highway not actually on school property. "School activity" means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event. "Student" means any person enrolled or previously enrolled in a school. (b) A person commits the offense of criminal trespass to a safe school zone when he or she knowingly: (1) enters or remains in a safe school zone without | ||
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(2) enters or remains in a safe school zone without | ||
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(c) Sentence. Criminal trespass to a safe school zone is a Class A misdemeanor.
(Source: P.A. 97-547, eff. 1-1-12.) |
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
Sec. 21-6.
Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in Section 33A-1
in any building or on land supported in whole or in part with public
funds or in any building on such land without
prior written permission from the chief security officer for such land or
building commits a Class A misdemeanor.
(b) The chief security officer must grant any reasonable request for
permission under paragraph (a).
(Source: P.A. 89-685, eff. 6-1-97.)
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(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
Sec. 21-7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
(a) A person commits criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any: (1) restricted area or restricted landing area used | ||
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(2) restricted area or restricted landing area used | ||
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(3) restricted area or restricted landing area as | ||
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(b) A person commits aggravated criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or
remains in, any restricted area or restricted landing area used in connection
with an airport facility, or part thereof, in this State, while in possession
of a weapon, replica of a weapon, or ammunition, after the person has received
notice from the airport authority that the entry is forbidden. (c) Notice that the area is "restricted" and
entry thereto "forbidden", for purposes of this Section, means that the
person or persons have been notified personally, either orally or in writing,
or by a printed or written notice forbidding the entry to him or her or a group
or an organization of which he or she is a member, which has been conspicuously posted
or exhibited at every usable entrance to the area or the forbidden part thereof.
(d) (Blank).
(e) (Blank).
(f) The terms "Restricted area" or "Restricted landing area" in this Section
are defined to incorporate the meaning ascribed to those terms in Section
8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended,
and also include any other area of the airport that has been designated
such by the airport authority.
The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
(g) Paragraph (2) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility,
or part thereof, in the performance of his or her official duties. (h) Sentence. (1) A violation of paragraph (2) of subsection (a) is a Class A misdemeanor. (2) A violation of paragraph (1) or (3) of subsection (a) is a Class 4 felony. (3) A violation of subsection (b) is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21-8)
Sec. 21-8. Criminal trespass to a nuclear facility.
(a) A person commits criminal trespass to a nuclear facility
when he or she
knowingly and without lawful authority:
(1) enters or remains within a nuclear facility or on | ||
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(2) remains within the facility or on the grounds of | ||
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(3) enters or remains within a nuclear facility or on | ||
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(b) A person has received notice from the owner or manager of the
facility or other person authorized by the owner or manager of the
facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been
notified personally, either orally or in writing,
or if a printed or written notice forbidding the entry has
been conspicuously posted or exhibited at the main entrance to the
facility or grounds of the facility or the forbidden part of the
facility.
(c) In this Section, "nuclear facility" has the meaning ascribed
to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.
(d) Sentence. Criminal trespass to a nuclear facility is a
Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-9)
Sec. 21-9. Criminal trespass to a place of public amusement.
(a) A person commits criminal trespass to a place of public
amusement when he or she knowingly and without lawful authority enters or
remains
on any portion of a place of public amusement after having received notice that
the general public is restricted from access to that portion of the place of
public amusement. These areas may include, but are
not limited to: a playing field, an athletic surface, a stage, a locker room,
or
a dressing room located at the place of public amusement. (a-5) A person commits the offense of criminal trespass to a place of public
amusement when he or she knowingly and without lawful authority gains access
to or remains on any portion of a place of public amusement by presenting false documents or falsely representing his or her identity orally to the property owner, a lessee, an agent of either the owner or lessee, or a
performer or participant. This subsection (a-5) does not apply to a peace officer or other official of a unit of government who enters or remains in the place of public amusement in the performance of his or her official duties.
(b) A property owner, a lessee, an agent of either the owner or lessee, or a
performer or participant may use reasonable force to restrain a trespasser and
remove him or her from the restricted area; however, any use of force beyond
reasonable force may subject that person to any applicable criminal penalty.
(c) A person has received notice within the meaning of subsection (a) if
he or she has been notified personally, either orally or in writing, or if a
printed
or written notice forbidding such entry has been conspicuously posted or
exhibited at the entrance to the portion of the place of public amusement that
is
restricted or an oral warning has been broadcast over the public address system
of the place of public amusement.
(d) In this Section, "place of public amusement" means a stadium, a theater,
or any other facility of any kind, whether licensed or not, where a live
performance, a sporting event, or any other activity takes place for other
entertainment and where
access to
the facility is made available to the public, regardless of whether admission
is charged.
(e) Sentence. Criminal trespass to a place of public amusement is a Class
4 felony. Upon imposition of any sentence, the court shall also impose a
fine of not less than $1,000. In addition, any order of
probation or conditional discharge entered following a conviction shall include
a condition that the offender perform public or community service of 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 offender was convicted. The court may also impose any other condition of
probation or conditional discharge under this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/Art. 21, Subdiv. 10 heading) SUBDIVISION 10. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-10)
Sec. 21-10. Criminal use of a motion picture
exhibition facility. (a) A person commits criminal use of a motion picture exhibition facility, when he or she, where a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device without the consent of the owner
or lessee of that exhibition facility and of the licensor of the
motion picture being exhibited.
(b) Sentence. Criminal use of a motion picture
exhibition facility is a Class 4 felony.
(c) The owner or lessee of a
facility where a motion picture is being exhibited, the authorized agent or employee of that owner
or lessee, or the licensor of the motion picture being
exhibited or his or her agent or employee, who alerts law
enforcement authorities of an alleged violation of this
Section is not liable in any civil action arising out of
measures taken by that owner, lessee, licensor, agent, or employee in
the course of subsequently detaining a person that the owner,
lessee, licensor, agent, or employee, in good faith believed to have
violated this Section while awaiting the arrival of law
enforcement authorities, unless the plaintiff in such an
action shows by clear and convincing evidence that such
measures were manifestly unreasonable or the period of
detention was unreasonably long.
(d) This Section does not prevent any lawfully
authorized investigative, law enforcement, protective, or
intelligence gathering employee or agent of the State or
federal government from operating any audiovisual recording device in any facility where a motion picture
is being exhibited as part of lawfully authorized
investigative, protective, law enforcement, or intelligence
gathering activities. (e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes. (f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty. (g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-11) Sec. 21-11. Distributing or delivering written or printed solicitation on
school property. (a) Distributing or delivering written or printed solicitation on school
property or within 1,000 feet
of school property, for the purpose of inviting students to
any event when a significant purpose of the event is to commit illegal acts or
to solicit
attendees to commit illegal acts,
or to be held in or
around abandoned buildings, is prohibited. (b) For the purposes of this Section, "school property" is defined as the
buildings or grounds of any public or private elementary or secondary school. (c) Sentence. A violation
of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 21.1 heading) ARTICLE 21.1.
RESIDENTIAL PICKETING
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(720 ILCS 5/21.1-1) (from Ch. 38, par. 21.1-1)
Sec. 21.1-1.
Legislative finding and declaration.
The Legislature finds and declares that men in a free society have the
right to quiet enjoyment of their homes; that the stability of community
and family life cannot be maintained unless the right to privacy and a
sense of security and peace in the home are respected and encouraged; that
residential picketing, however just the cause inspiring it, disrupts home,
family and communal life; that residential picketing is inappropriate in
our society, where the jealously guarded rights of free speech and assembly
have always been associated with respect for the rights of others. For
these reasons the Legislature finds and declares this Article to be
necessary.
(Source: Laws 1967, p. 940.)
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(720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
Sec. 21.1-2. Residential picketing. A person commits residential picketing when he or she pickets before or about the residence
or dwelling of any person, except when the residence or dwelling is used
as a place of business. This Article does not apply to a person
peacefully picketing his own residence or dwelling and does not prohibit
the peaceful picketing of the place of holding a meeting or assembly on premises
commonly used to discuss subjects of general public interest.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
Sec. 21.1-3.
Sentence.
Violation of Section 21.1-2 is a Class B misdemeanor.
(Source: P.A. 77-2638.)
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(720 ILCS 5/Art. 21.2 heading) ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF EDUCATION
(Source: P.A. 96-807, eff. 1-1-10.) |
(720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
Sec. 21.2-1. The General Assembly, in recognition of unlawful campus and school disorders across
the nation which are disruptive of the educational process, dangerous to
the health and safety of persons, damaging to public and private property,
and which divert the use of institutional facilities from the primary
function of education, establishes by this Act criminal penalties for
conduct declared in this Article to be unlawful. However, this Article does
not modify or supersede any other law relating to damage to persons or
property, nor does it prevent a public institution of education from
establishing restrictions upon the availability or use of any building or
other facility owned, operated or controlled by the institution to preserve
their dedication to education, nor from establishing standards of
scholastic and behavioral conduct reasonably relevant to the missions,
processes and functions of the institution, nor from invoking appropriate
discipline or expulsion for violations of such standards.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
Sec. 21.2-2. Interference with a public institution of education. A person commits interference with a public institution of
education when he or she, on the campus of a public institution of education,
or at or in any building or other facility owned, operated or controlled by
the institution, without authority from the institution he or she, through force
or violence, actual or threatened:
(1) knowingly denies to a trustee, school board | ||
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(A) Freedom of movement at that place; or
(B) Use of the property or facilities of the | ||
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(C) The right of ingress or egress to the | ||
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(2) knowingly impedes, obstructs, interferes with or | ||
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(A) the performance of institutional duties by a | ||
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(B) the pursuit of educational activities, as | ||
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(3) knowingly occupies or remains in or at any | ||
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(Source: P.A. 96-807, eff. 1-1-10; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
Sec. 21.2-3. Nothing in this Article prevents lawful assembly of the trustees, school board members, superintendent, principal,
employees, students or invitees of a public institution of
education, or prevents orderly petition for redress of grievances.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
Sec. 21.2-4. Sentence. A person convicted of violation of this Article commits a Class C
misdemeanor for the first offense and for a second or subsequent offense
commits a Class B misdemeanor. If the interference with the public institution of education is accompanied by a threat of personal injury or property damage, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation in accordance with Section 12-6 of this Code.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
Sec. 21.2-5. For the purposes of this Article the words and phrases described in this
Section have the meanings designated in this Section, except when a
particular context clearly requires a different meaning.
"Public institution of education" means an educational
organization located in this State which provides an organized elementary, secondary, or post-high
school educational program, and which is supported in whole or in part by
appropriations of the General Assembly, a unit of local government or school district.
A person has received "due notice" if he, or the group of which he is a
part, has been given oral or written notice from an authorized
representative of the public institution of education in a manner
reasonably designated to inform him, or the group of which he is a part,
that he or they should cease such action or depart from such premises. The
notice may also be given by a printed or written notice forbidding entry
conspicuously posted or exhibited at the main entrance of the building or
other facility, or the forbidden part thereof.
"Force or violence" includes, but is not limited to, use of one's
person, individually or in concert with others, to impede access to or
movement within or otherwise to interfere with the conduct of the
authorized activities of the public institution of education, its
trustees, school board members, superintendent, principal, employees, students or invitees.
(Source: P.A. 96-807, eff. 1-1-10.)
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(720 ILCS 5/21.2-6) (from Ch. 38, par. 21.2-6)
Sec. 21.2-6.
If any provision of this Act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared severable.
(Source: P.A. 76-1582.)
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(720 ILCS 5/Art. 21.3 heading) ARTICLE 21.3.
SOLICITATION ON SCHOOL PROPERTY
(Repealed)Source: P.A. 88-357. Repealed by P.A. 97-1108, eff. 1-1-13.
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(720 ILCS 5/Tit. III Pt. D heading) PART D.
OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY
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(720 ILCS 5/Art. 24 heading) ARTICLE 24.
DEADLY WEAPONS
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(720 ILCS 5/24-1) (from Ch. 38, par. 24-1) (Text of Section before amendment by P.A. 103-822) Sec. 24-1. Unlawful use of weapons. (a) A person commits the offense of unlawful use of weapons when
he knowingly: (1) Sells, manufactures, purchases, possesses or | ||
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(2) Carries or possesses with intent to use the same | ||
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(2.5) Carries or possesses with intent to use the | ||
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(3) Carries on or about his person or in any vehicle, | ||
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(4) Carries or possesses in any vehicle or concealed | ||
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(i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, | ||
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(iv) are carried or possessed in accordance with | ||
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(5) Sets a spring gun; or (6) Possesses any device or attachment of any kind | ||
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(7) Sells, manufactures, purchases, possesses or | ||
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(i) a machine gun, which shall be defined for the | ||
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(ii) any rifle having one or more barrels less | ||
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(iii) any bomb, bomb-shell, grenade, bottle or | ||
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(8) Carries or possesses any firearm, stun gun or | ||
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This subsection (a)(8) does not apply to any auction | ||
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(9) Carries or possesses in a vehicle or on or about | ||
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(10) Carries or possesses on or about his or her | ||
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(i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, | ||
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(iv) are carried or possessed in accordance with | ||
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A "stun gun or taser", as used in this paragraph (a) | ||
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(11) Sells, manufactures, delivers, imports, | ||
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(12) (Blank); or (13) Carries or possesses on or about his or her | ||
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(14) Manufactures, possesses, sells, or offers to | ||
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(15) Carries or possesses any assault weapon or .50 | ||
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(16) Manufactures, sells, delivers, imports, or | ||
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(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) commits a Class A
misdemeanor.
A person convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person
convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)
commits a Class 3 felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the
passenger compartment of a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The possession of each weapon or device in violation of this Section constitutes a single and separate violation. (c) Violations in specific places. (1) A person who violates subsection 24-1(a)(6) or | ||
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(1.5) A person who violates subsection 24-1(a)(4), | ||
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(2) A person who violates subsection 24-1(a)(1), | ||
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(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
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(4) For the purposes of this subsection (c), "school" | ||
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(5) For the purposes of this subsection (c), | ||
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(d) The presence in an automobile other than a public omnibus of any
weapon, instrument or substance referred to in subsection (a)(7) is
prima facie evidence that it is in the possession of, and is being
carried by, all persons occupying such automobile at the time such
weapon, instrument or substance is found, except under the following
circumstances: (i) if such weapon, instrument or instrumentality is
found upon the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile operated for
hire by a duly licensed driver in the due, lawful and proper pursuit of
his or her trade, then such presumption shall not apply to the driver. (e) Exemptions. (1) Crossbows, Common or Compound bows and | ||
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(2) The provision of paragraph (1) of subsection (a) | ||
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(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.) (Text of Section after amendment by P.A. 103-822) Sec. 24-1. Unlawful possession of weapons. (a) A person commits the offense of unlawful possession of weapons when he knowingly: (1) Sells, manufactures, purchases, possesses or | ||
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(2) Carries or possesses with intent to use the same | ||
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(2.5) Carries or possesses with intent to use the | ||
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(3) Carries on or about his person or in any vehicle, | ||
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(4) Carries or possesses in any vehicle or concealed | ||
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(i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, | ||
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(iv) are carried or possessed in accordance with | ||
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(5) Sets a spring gun; or (6) Possesses any device or attachment of any kind | ||
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(7) Sells, manufactures, purchases, possesses or | ||
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(i) a machine gun, which shall be defined for the | ||
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(ii) any rifle having one or more barrels less | ||
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(iii) any bomb, bomb-shell, grenade, bottle or | ||
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(8) Carries or possesses any firearm, stun gun or | ||
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This subsection (a)(8) does not apply to any auction | ||
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(9) Carries or possesses in a vehicle or on or about | ||
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(10) Carries or possesses on or about his or her | ||
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(i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, | ||
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(iv) are carried or possessed in accordance with | ||
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A "stun gun or taser", as used in this paragraph (a) | ||
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(11) Sells, manufactures, delivers, imports, | ||
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(12) (Blank); or (13) Carries or possesses on or about his or her | ||
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(14) Manufactures, possesses, sells, or offers to | ||
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(15) Carries or possesses any assault weapon or .50 | ||
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(16) Manufactures, sells, delivers, imports, or | ||
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(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The possession of each weapon or device in violation of this Section constitutes a single and separate violation. (c) Violations in specific places. (1) A person who violates subsection 24-1(a)(6) or | ||
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(1.5) A person who violates subsection 24-1(a)(4), | ||
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(2) A person who violates subsection 24-1(a)(1), | ||
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(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
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(4) For the purposes of this subsection (c), "school" | ||
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(5) For the purposes of this subsection (c), "public | ||
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(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver. (e) Exemptions. (1) Crossbows, Common or Compound bows and Underwater | ||
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(2) The provision of paragraph (1) of subsection (a) | ||
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(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; 103-822, eff. 1-1-25.) |
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) (Text of Section before amendment by P.A. 103-822) Sec. 24-1.1. Unlawful use or possession of weapons by felons or
persons in the custody of the
Department of Corrections facilities. (a) It is unlawful
for a person to knowingly possess on or about his person or on his land or
in his own abode or fixed place of business any weapon prohibited under
Section 24-1 of this Act or any firearm or any firearm ammunition if the
person has been convicted of a felony under the laws of this State or any
other jurisdiction. This Section shall not apply if the person has been
granted relief by the Director of the Illinois State Police
under Section 10 of the Firearm Owners Identification
Card Act. (b) It is unlawful for any person confined in a penal institution,
which is a facility of the Illinois Department of Corrections, to possess
any weapon prohibited under Section 24-1 of this Code or any firearm or
firearm ammunition, regardless of the intent with which he possesses it. (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule,
regulation, or directive of the Illinois Department of Corrections or order
issued pursuant thereto. (d) The defense of necessity is not available to a person who is charged
with a violation of subsection (b) of this Section. (e) Sentence. Violation of this Section by a person not confined
in a penal institution shall be a Class 3 felony
for which the person shall be sentenced to no less than 2 years and no
more than 10 years. A second or subsequent violation of this Section shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a
penal institution who has been convicted of a forcible felony, a felony
violation of Article 24 of this Code or of the Firearm Owners Identification
Card Act, stalking or aggravated stalking, or a Class 2 or greater felony
under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a
Class 2 felony for which the person
shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
Violation of this Section by a person who is on parole or mandatory supervised
release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14
years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal
institution is a Class X felony when the firearm possessed is a machine gun.
Any person who violates this Section while confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, is guilty of a Class 1
felony, if he possesses any weapon prohibited under Section 24-1 of this
Code regardless of the intent with which he possesses it, a Class X
felony if he possesses any firearm, firearm ammunition or explosive, and a
Class X felony for which the offender shall be sentenced to not less than 12
years and not more than 50 years when the firearm possessed is a machine
gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years.
The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.(Source: P.A. 102-538, eff. 8-20-21.) (Text of Section after amendment by P.A. 103-822) Sec. 24-1.1. Unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Illinois State Police under Section 10 of the Firearm Owners Identification Card Act. (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24-1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it. (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto. (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section. (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years. A second or subsequent violation of this Section shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24-1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.(Source: P.A. 102-538, eff. 8-20-21; 103-822, eff. 1-1-25.) |
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm. (a) A person commits aggravated discharge of a firearm when he or she
knowingly or
intentionally:
(1) Discharges a firearm at or into a building he or | ||
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(2) Discharges a firearm in the direction of another | ||
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(3) Discharges a firearm in the direction of a person | ||
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(4) Discharges a firearm in the direction of a | ||
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(5) Discharges a firearm in the direction of a person | ||
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(6) Discharges a firearm in the direction of a | ||
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(7) Discharges a firearm in the direction of a person | ||
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(8) Discharges a firearm in the direction of a person | ||
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(9) Discharges a firearm in the direction of a | ||
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(b) A violation of subsection (a)(1) or subsection (a)(2) of this
Section is a Class 1 felony.
A violation of
subsection (a)(1) or (a)(2)
of this Section committed in a school, on the real property comprising a
school,
within 1,000 feet of the real property comprising a school, at a school related
activity or on or within 1,000 feet of any conveyance owned, leased, or
contracted by a school to transport students to or from school or a school
related activity, regardless of the time of day or time of year that the
offense was committed is a Class X felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class
X felony for which the
sentence shall be a term of imprisonment of no less than 10 years and not more
than 45 years.
(c) For purposes of this Section:
"Emergency medical services personnel" has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots. "School" means a public or private elementary or secondary school,
community college, college, or university.
"School related activity" means any sporting, social, academic, or other
activity for which students' attendance or participation is sponsored,
organized, or funded in whole or in part by a school or school district.
(Source: P.A. 99-816, eff. 8-15-16.)
|
(720 ILCS 5/24-1.2-5)
Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a firearm equipped with a device designed or used for silencing
the report of a firearm.
(a) A person commits aggravated discharge of a
machine gun or a firearm equipped with a device designed or used for silencing
the report of a firearm
when he or she knowingly or
intentionally:
(1) Discharges a machine gun or a firearm equipped | ||
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(2) Discharges a machine gun or a firearm equipped | ||
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(3) Discharges a machine gun or a firearm equipped | ||
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(4) Discharges a machine gun or a firearm equipped | ||
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(5) Discharges a machine gun or a firearm equipped | ||
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(6) Discharges a machine gun or a firearm equipped | ||
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(7) Discharges a machine gun or a firearm equipped | ||
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(8) Discharges a machine gun or a firearm equipped | ||
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(b) A violation of subsection (a) (1) or subsection (a) (2) of this
Section is a Class X felony. A violation of subsection (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this Section is a Class X
felony for which the
sentence shall be a term of imprisonment of no less than 12 years and no more
than 50 years.
(c) For the purpose of this Section: "Emergency medical services personnel" has the | ||
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"Machine gun" has the meaning ascribed to it in | ||
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(d) This Section does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(Source: P.A. 99-816, eff. 8-15-16.)
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(720 ILCS 5/24-1.5)
Sec. 24-1.5.
Reckless discharge of a firearm.
(a) A person commits reckless discharge of a firearm by discharging a
firearm in
a reckless manner which endangers the bodily safety
of an individual.
(b) If the conduct described in subsection (a) is committed by a passenger
of a moving motor vehicle with the knowledge and consent of the driver of the
motor vehicle the driver is accountable for such conduct.
(c) Reckless discharge of a firearm is a Class 4 felony.
(d) This Section does not apply to a peace officer while in the performance
of his or her official duties.
(Source: P.A. 88-217.)
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(720 ILCS 5/24-1.6) (Text of Section before amendment by P.A. 103-822) Sec. 24-1.6. Aggravated unlawful use of a weapon. (a) A person commits the offense of aggravated unlawful use of a weapon when
he or she knowingly: (1) Carries on or about his or her person or in any | ||
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(2) Carries or possesses on or about his or her | ||
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(3) One of the following factors is present: (A) the firearm, other than a pistol, revolver, | ||
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(A-5) the pistol, revolver, or handgun possessed | ||
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(B) the firearm, other than a pistol, revolver, | ||
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(B-5) the pistol, revolver, or handgun possessed | ||
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(C) the person possessing the firearm has not | ||
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(D) the person possessing the weapon was | ||
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(E) the person possessing the weapon was engaged | ||
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(F) (blank); or (G) the person possessing the weapon had an order | ||
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(H) the person possessing the weapon was engaged | ||
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(I) the person possessing the weapon was under 21 | ||
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(a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act. (b) "Stun gun or taser" as used in this Section has the same definition
given to it in Section 24-1 of this Code. (c) This Section does not apply to or affect the transportation or
possession
of weapons that: (i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm | ||
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(d) Sentence. (1) Aggravated unlawful use of a weapon is a Class 4 | ||
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(2) Except as otherwise provided in paragraphs (3) | ||
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(3) Aggravated unlawful use of a weapon by a person | ||
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(4) Aggravated unlawful use of a weapon while wearing | ||
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(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.) (Text of Section after amendment by P.A. 103-822) Sec. 24-1.6. Aggravated unlawful possession of a weapon. (a) A person commits the offense of aggravated unlawful possession of a weapon when he or she knowingly: (1) Carries on or about his or her person or in any | ||
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(2) Carries or possesses on or about his or her | ||
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(3) One of the following factors is present: (A) the firearm, other than a pistol, revolver, | ||
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(A-5) the pistol, revolver, or handgun possessed | ||
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(B) the firearm, other than a pistol, revolver, | ||
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(B-5) the pistol, revolver, or handgun possessed | ||
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(C) the person possessing the firearm has not | ||
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(D) the person possessing the weapon was | ||
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(E) the person possessing the weapon was engaged | ||
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(F) (blank); or (G) the person possessing the weapon had an order | ||
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(H) the person possessing the weapon was engaged | ||
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(I) the person possessing the weapon was under 21 | ||
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(a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act. (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code. (c) This Section does not apply to or affect the transportation or possession of weapons that: (i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm | ||
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(d) Sentence. (1) Aggravated unlawful possession of a weapon is a | ||
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(2) Except as otherwise provided in paragraphs (3) | ||
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(3) Aggravated unlawful possession of a weapon by a | ||
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(4) Aggravated unlawful possession of a weapon while | ||
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(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.(Source: P.A. 103-822, eff. 1-1-25.) |
(720 ILCS 5/24-1.7) (Text of Section before amendment by P.A. 103-822) Sec. 24-1.7. Armed habitual criminal. (a) A person commits the offense of being an armed habitual
criminal if he or she receives, sells, possesses, or transfers
any firearm after having been convicted a total of 2 or more
times of any combination of the following offenses: (1) a forcible felony as defined in Section 2-8 of | ||
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(2) unlawful use of a weapon by a felon; aggravated | ||
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(3) any violation of the Illinois Controlled | ||
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(b) Sentence. Being an armed habitual criminal is a Class X
felony.(Source: P.A. 96-1551, eff. 7-1-11.) (Text of Section after amendment by P.A. 103-822) Sec. 24-1.7. Unlawful possession of a firearm by a repeat felony offender. (a) A person commits the offense of unlawful possession of a firearm by a repeat felony offender if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses: (1) a forcible felony as defined in Section 2-8 of | ||
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(2) unlawful possession of a weapon by a felon; | ||
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(3) any violation of the Illinois Controlled | ||
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(b) Sentence. Unlawful possession of a firearm by a repeat felony offender is a Class X felony.(Source: P.A. 103-822, eff. 1-1-25.) |
(720 ILCS 5/24-1.8) Sec. 24-1.8. Unlawful possession of a firearm by a street gang member. (a) A person
commits unlawful possession of a firearm by a street gang member when he or she knowingly: (1) possesses, carries, or conceals on or about his | ||
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(2) possesses or carries in any vehicle a firearm | ||
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(b) Unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 3 years and no more than 10 years. A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of unlawful possession of a firearm by a street gang member when the firearm was loaded or contained firearm ammunition and the court shall sentence the offender to not less than the minimum term of imprisonment authorized for the Class 2 felony. (c) For purposes of this Section: "Street gang" or "gang" has the meaning ascribed to | ||
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"Street gang member" or "gang member" has the meaning | ||
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(Source: P.A. 96-829, eff. 12-3-09.) |
(720 ILCS 5/24-1.9) Sec. 24-1.9. Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges. (a) Definitions. In this Section: (1) "Assault weapon" means any of the following, except as provided in subdivision (2) of this subsection: (A) A semiautomatic rifle that has the capacity to | ||
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(i) a pistol grip or thumbhole stock; (ii) any feature capable of functioning as a | ||
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(iii) a folding, telescoping, thumbhole, or | ||
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(iv) a flash suppressor; (v) a grenade launcher; (vi) a shroud attached to the barrel or that | ||
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(B) A semiautomatic rifle that has a fixed magazine | ||
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(C) A semiautomatic pistol that has the capacity to | ||
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(i) a threaded barrel; (ii) a second pistol grip or another feature | ||
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(iii) a shroud attached to the barrel or that | ||
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(iv) a flash suppressor; (v) the capacity to accept a detachable magazine | ||
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(vi) a buffer tube, arm brace, or other part that | ||
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(D) A semiautomatic pistol that has a fixed magazine | ||
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(E) Any shotgun with a revolving cylinder. (F) A semiautomatic shotgun that has one or more of | ||
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(i) a pistol grip or thumbhole stock; (ii) any feature capable of functioning as a | ||
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(iii) a folding or thumbhole stock; (iv) a grenade launcher; (v) a fixed magazine with the capacity of more | ||
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(vi) the capacity to accept a detachable | ||
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(G) Any semiautomatic firearm that has the capacity | ||
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(H) Any firearm that has been modified to be operable | ||
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(I) Any part or combination of parts designed or | ||
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(J) All of the following rifles, copies, duplicates, | ||
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(i) All AK types, including the following: (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, | ||
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(II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable magazine. (ii) all AR types, including the following: (I) AR-10. (II) AR-15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15-T. (VI) Barrett REC7. (VII) Beretta AR-70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM-4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA-15 rifles. (XXIV) Jesse James Nomad AR-15 rifle. (XXV) Knight's Armament SR-15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R-15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR-15 or Rock River | ||
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(XXXVI) Sig Sauer SIG516 rifles and MCX | ||
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(XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 | ||
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(XL) Uselton Arms Air-Lite M-4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. | ||
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(iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and | ||
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(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 | ||
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(x) Feather Industries AT-9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU-16, and RFB. (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig | ||
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(xvii) Springfield Armory SAR-48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle | ||
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(xx) All Thompson rifles, including the | ||
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(I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1-C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and | ||
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(xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (K) All of the following pistols, copies, duplicates, | ||
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(i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK-47 pistol. (IV) HCR AK-47 pistol. (V) IO Inc. Hellpup AK-47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK-47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR-15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR-15 pistol. (VIII) Jesse James Nomad AR-15 pistol. (IX) Olympic Arms AR-15 pistol. (X) Osprey Armament MK-18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M-4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP-9 and MP-45. (vi) Heckler & Koch model SP-89 pistol. (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and | ||
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(viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC-10. (II) MAC-11. (III) Masterpiece Arms MPA A930 Mini Pistol, | ||
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(IV) Military Armament Corp. Ingram M-11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the | ||
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(I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (L) All of the following shotguns, copies, | ||
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(i) DERYA Anakon MC-1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW-12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the | ||
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(I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP-01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K-030. (VI) IZHMASH Saiga 12K-040 Taktika. (v) Streetsweeper. (vi) Striker 12. (2) "Assault weapon" does not include: (A) Any firearm that is an unserviceable firearm or | ||
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(B) An antique firearm or a replica of an antique | ||
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(C) A firearm that is manually operated by bolt, | ||
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(D) Any air rifle as defined in Section 24.8-0.1 of | ||
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(E) Any handgun, as defined under the Firearm | ||
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(3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of this subsection (a). (4) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921(a)(16). (5) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical reenactments. (6) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber. (7) "Detachable magazine" means an ammunition feeding device that may be removed from a firearm without disassembly of the firearm action, including an ammunition feeding device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or other tool, or any other object that functions as a tool, including a bullet or cartridge. (8) "Fixed magazine" means an ammunition feeding device that is permanently attached to a firearm, or contained in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (b) Except as provided in subsections (c), (d), and (e), on or after January 10, 2023 (the effective date of Public Act 102-1116), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. (c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. (d) This Section does not apply to a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited by subsection (c) of this Section, if the person has provided in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois State Police, no later than October 1, 2023: (1) the affiant's Firearm Owner's Identification Card | ||
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(2) an affirmation that the affiant: (i) possessed an | ||
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(3) the make, model, caliber, and serial number of | ||
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The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act." In any administrative, civil, or criminal proceeding in this State, a completed endorsement affidavit submitted to the Illinois State Police by a person under this Section creates a rebuttable presumption that the person is entitled to possess and transport the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Beginning 90 days after January 10, 2023 (the effective date of Public Act 102-1116), a person authorized under this Section to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only: (1) on private property owned or immediately | ||
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(2) on private property that is not open to the | ||
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(3) while on the premises of a licensed firearms | ||
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(4) while engaged in the legal use of the assault | ||
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(5) while traveling to or from these locations, | ||
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Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection. Except as provided in subsection (e) and beginning on January 1, 2024, any person who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall, within 60 days, apply for a Firearm Owners Identification Card and complete an endorsement application as outlined in subsection (d). Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties. (e) The provisions of this Section regarding the purchase or possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 cartridges, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to: (1) Peace officers, as defined in Section 2-13 of | ||
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(2) Qualified law enforcement officers and qualified | ||
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(3) Acquisition and possession by a federal, State, | ||
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(4) Wardens, superintendents, and keepers of prisons, | ||
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(5) Members of the Armed Services or Reserve Forces | ||
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(6) Any company that employs armed security officers | ||
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(7) Any private security contractor agency licensed | ||
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The provisions of this Section do not apply to the manufacture, delivery, sale, import, purchase, or possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or causing the manufacture, delivery, sale, importation, purchase, or possession of those items: (A) for sale or transfer to persons authorized under | ||
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(B) for sale or transfer to the United States or any | ||
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(C) for sale or transfer in another state or for | ||
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This Section does not apply to or affect any of the following: (i) Possession of any firearm if that firearm is | ||
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(ii) Any nonresident who transports, within 24 hours, | ||
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(iii) Possession of a weapon at an event taking place | ||
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(iv) Possession of a weapon only for hunting use | ||
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(v) The manufacture, transportation, possession, | ||
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Any person not subject to this Section may submit an endorsement affidavit if the person chooses. (f) Any sale or transfer with a background check initiated to the Illinois State Police on or before January 10, 2023 (the effective date of Public Act 102-1116) is allowed to be completed after January 10, 2023 once an approval is issued by the Illinois State Police and any applicable waiting period under Section 24-3 has expired. (g) The Illinois State Police shall take all steps necessary to carry out the requirements of this Section by October 1, 2023. (h) The Illinois State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of Public Act 102-1116 and to increase compliance with this Section. (Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.) |
(720 ILCS 5/24-1.10) Sec. 24-1.10. Manufacture, delivery, sale, and possession of large capacity ammunition feeding devices. (a) In this Section: "Handgun" has the meaning ascribed to it in the Firearm Concealed Carry Act. "Long gun" means a rifle or shotgun. "Large capacity ammunition feeding device" means: (1) a magazine, belt, drum, feed strip, or similar | ||
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(2) any combination of parts from which a device | ||
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"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable. (b) Except as provided in subsections (e) and (f), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device. (c) Except as provided in subsections (d), (e), and (f), and beginning 90 days after January 10, 2023 (the effective date of Public Act 102-1116), it is unlawful to knowingly possess a large capacity ammunition feeding device. (d) Subsection (c) does not apply to a person's possession of a large capacity ammunition feeding device if the person lawfully possessed that large capacity ammunition feeding device before January 10, 2023 (the effective date of Public Act 102-1116), provided that the person shall possess such device only: (1) on private property owned or immediately | ||
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(2) on private property that is not open to the | ||
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(3) while on the premises of a licensed firearms | ||
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(4) while engaged in the legal use of the large | ||
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(5) while traveling to or from these locations, | ||
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A person authorized under this Section to possess a large capacity ammunition feeding device may transfer the large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the large capacity ammunition feeding device except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the large capacity ammunition feeding device is transferred shall, within 60 days of the transfer, notify the Illinois State Police of the person's acquisition and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the large capacity ammunition feeding device is transferred may transfer it only as provided in this subsection. Except as provided in subsections (e) and (f) and beginning 90 days after January 10, 2023 (the effective date of Public Act 102-1116), any person who moves into this State in possession of a large capacity ammunition feeding device shall, within 60 days, apply for a Firearm Owners Identification Card. (e) The provisions of this Section regarding the purchase or possession of large capacity ammunition feeding devices, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to: (1) Peace officers as defined in Section 2-13 of this | ||
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(2) Qualified law enforcement officers and qualified | ||
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(3) A federal, State, or local law enforcement agency | ||
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(4) Wardens, superintendents, and keepers of prisons, | ||
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(5) Members of the Armed Services or Reserve Forces | ||
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(6) Any company that employs armed security officers | ||
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(7) Any private security contractor agency licensed | ||
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(f) This Section does not apply to or affect any of the following: (1) Manufacture, delivery, sale, importation, | ||
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(A) for sale or transfer to persons authorized | ||
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(B) for sale or transfer to the United States or | ||
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(C) for sale or transfer in another state or for | ||
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(2) Sale or rental of large capacity ammunition | ||
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(g) Sentence. A person who knowingly manufactures, delivers, sells, purchases, possesses, or causes to be manufactured, delivered, sold, possessed, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns commits a petty offense with a fine of $1,000 for each violation. (h) The Illinois State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of Public Act 102-1116 and to increase compliance with this Section. (Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.) |
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of the following:
(1) Peace officers, and any person summoned by a | ||
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(2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Special agents employed by a railroad or a public | ||
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(5) Persons licensed as private security contractors, | ||
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(6) Any person regularly employed in a commercial or | ||
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(7) Agents and investigators of the Illinois | ||
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(8) Persons employed by a financial institution as a | ||
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(9) Any person employed by an armored car company to | ||
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(10) Persons who have been classified as peace | ||
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(11) Investigators of the Office of the State's | ||
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(12) Special investigators appointed by a State's | ||
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(12.5) Probation officers while in the performance of | ||
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(13) Court Security Officers while in the performance | ||
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(13.5) A person employed as an armed security guard | ||
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(14) Manufacture, transportation, or sale of weapons | ||
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(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense. (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this State or under the federal Law Enforcement Officers Safety Act. (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not
apply to or affect
any of the following:
(1) Members of any club or organization organized for | ||
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(2) Duly authorized military or civil organizations | ||
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(3) Hunters, trappers, or fishermen while engaged in | ||
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(4) Transportation of weapons that are broken down in | ||
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(5) Carrying or possessing any pistol, revolver, stun | ||
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(c) Subsection 24-1(a)(7) does not apply to or affect any of the
following:
(1) Peace officers while in performance of their | ||
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(2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Manufacture, transportation, or sale of machine | ||
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(5) Persons licensed under federal law to manufacture | ||
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During transportation, such weapons shall be broken | ||
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(6) The manufacture, transport, testing, delivery, | ||
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The exemption granted under this subdivision (c)(6) | ||
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(7) A person possessing a rifle with a barrel or | ||
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(d) Subsection 24-1(a)(1) does not apply to the purchase, possession
or carrying of a black-jack or slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner, manager or
authorized employee of any place specified in that subsection nor to any
law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6
do not apply
to members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private,
while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:
(1) Members of the Armed Services or Reserve Forces | ||
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(2) Bonafide collectors of antique or surplus | ||
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(3) Laboratories having a department of forensic | ||
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(4) Commerce, preparation, assembly or possession of | ||
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(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed
under federal law to manufacture any device or attachment of any kind designed,
used, or intended for use in silencing the report of any firearm, firearms, or
ammunition
for those firearms equipped with those devices, and actually engaged in the
business of manufacturing those devices, firearms, or ammunition, but only with
respect to
activities that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices, firearms, or
ammunition. This
exemption does not authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities as are within
the
lawful scope of a licensed manufacturing business described in this subsection
(g-5). During transportation, these devices shall be detached from any weapon
or
not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to
or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections. (g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts. (g-10) (Blank). (h) An information or indictment based upon a violation of any
subsection of this Article need not negative any exemptions contained in
this Article. The defendant shall have the burden of proving such an
exemption.
(i) Nothing in this Article shall prohibit, apply to, or affect
the transportation, carrying, or possession, of any pistol or revolver,
stun gun, taser, or other firearm consigned to a common carrier operating
under license of the State of Illinois or the federal government, where
such transportation, carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and nothing in this
Article shall prohibit, apply to, or affect the transportation, carrying,
or possession of any pistol, revolver, stun gun, taser, or other firearm,
not the subject of and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the possessor of a valid
Firearm Owners Identification Card.
(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.) |
(720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1) (Text of Section before amendment by P.A. 103-822) Sec. 24-2.1. Unlawful use of firearm projectiles. (a) A person commits the offense of unlawful use of firearm projectiles
when he or she knowingly manufactures, sells, purchases, possesses, or carries
any armor piercing bullet, dragon's breath shotgun shell,
bolo shell, or flechette shell. For the purposes of this Section: "Armor piercing bullet" means
any handgun bullet or handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of other substances)
from
tungsten alloys, steel, iron, brass, bronze, beryllium copper
or depleted uranium, or fully jacketed bullets larger than
22 caliber designed and intended for use in a handgun and whose jacket has a
weight of more than 25% of the total weight of the projectile, and excluding
those handgun
projectiles whose cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any
other projectiles or projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting purposes or industrial
purposes or that otherwise does not constitute "armor piercing ammunition" as
that term is defined by federal law. The definition contained herein shall not be construed to include shotgun
shells. "Dragon's breath shotgun shell" means any shotgun shell that contains
exothermic pyrophoric mesh metal as the projectile and is designed for the
purpose of throwing or spewing a flame or fireball to simulate a flame-thrower. "Bolo shell" means any shell that can be fired in a firearm and expels as
projectiles 2 or more metal balls connected by solid metal wire. "Flechette shell" means any shell that can be fired in a firearm and expels
2 or more pieces of fin-stabilized solid metal wire or 2 or more solid
dart-type projectiles. (b) Exemptions. This Section does not apply to or affect any of the
following: (1) Peace officers. (2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Federal officials required to carry firearms, | ||
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(5) United States Marshals, while engaged in the | ||
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(6) Persons licensed under federal law to | ||
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This exemption does not authorize the general private | ||
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(7) Laboratories having a department of forensic | ||
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(8) Manufacture, transportation, or sale of armor | ||
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(c) An information or indictment based upon a violation of this Section
need not negate any exemption herein contained. The defendant shall have
the burden of proving such an exemption. (d) Sentence. A person convicted of unlawful use of armor
piercing bullets
shall be guilty of a Class 3 felony.(Source: P.A. 92-423, eff. 1-1-02.) (Text of Section after amendment by P.A. 103-822) Sec. 24-2.1. Unlawful possession of firearm projectiles. (a) A person commits the offense of unlawful possession of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell. For the purposes of this Section: "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law. The definition contained herein shall not be construed to include shotgun shells. "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower. "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire. "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles. (b) Exemptions. This Section does not apply to or affect any of the following: (1) Peace officers. (2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Federal officials required to carry firearms, | ||
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(5) United States Marshals, while engaged in the | ||
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(6) Persons licensed under federal law to | ||
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This exemption does not authorize the general private | ||
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(7) Laboratories having a department of forensic | ||
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(8) Manufacture, transportation, or sale of armor | ||
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(c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption. (d) Sentence. A person convicted of unlawful possession of armor piercing bullets shall be guilty of a Class 3 felony.(Source: P.A. 103-822, eff. 1-1-25.) |
(720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
Sec. 24-2.2.
Manufacture, sale or transfer of bullets or shells
represented to
be armor piercing bullets, dragon's breath shotgun
shells, bolo shells, or
flechette shells.
(a) Except as provided in subsection (b) of
this Section, it is unlawful for any person to knowingly manufacture, sell,
offer to sell, or transfer any bullet or shell which is represented to be
an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a
flechette shell as defined in Section 24-2.1 of this Code.
(b) Exemptions. This Section does not apply to or affect any person
authorized
under Section 24-2.1 to manufacture, sell, purchase, possess, or carry any
armor piercing bullet or any dragon's breath shotgun shell,
bolo shell, or flechette shell with respect to activities which are within
the lawful
scope of the exemption therein granted.
(c) An information or indictment based upon a violation of this Section
need not negate any exemption herein contained. The defendant shall have
the burden of proving such an exemption and that the activities forming
the basis of any criminal charge brought pursuant to this Section were within
the lawful scope of such exemption.
(d) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 92-423, eff. 1-1-02.)
|
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or delivery of firearms when he
or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may be | ||
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(b) Sells or gives any firearm to a person under 21 | ||
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(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has | ||
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(e) Sells or gives any firearm to any person who has | ||
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"Mental institution" means any hospital, | ||
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"Patient in a mental institution" means the | ||
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(f) Sells or gives any firearms to any person who is | ||
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(g) Delivers any firearm, incidental to a sale, | ||
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(h) While holding any license as a dealer, importer, | ||
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(i) Sells or gives a firearm of any size to any | ||
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(j) Sells or gives a firearm while engaged in the | ||
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A person "engaged in the business" means a person who | ||
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"With the principal objective of livelihood and | ||
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(k) Sells or transfers ownership of a firearm to a | ||
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(1) In addition to the other requirements of this | ||
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(2) All sellers or transferors who have complied | ||
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(l) Not being entitled to the possession of a | ||
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(B) Paragraph (h) of subsection (A) does not include firearms sold within 6
months after enactment of Public
Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any
firearm legally owned or
possessed by any citizen or purchased by any citizen within 6 months after the
enactment of Public Act 78-355 subject
to confiscation or seizure under the provisions of that Public Act. Nothing in
Public Act 78-355 shall be construed to prohibit the gift or trade of
any firearm if that firearm was legally held or acquired within 6 months after
the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery | ||
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(2) Any person convicted of unlawful sale or delivery | ||
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(3) Any person convicted of unlawful sale or delivery | ||
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(4) Any person convicted of unlawful sale or delivery | ||
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(5) Any person convicted of unlawful sale or delivery | ||
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(6) Any person convicted of unlawful sale or delivery | ||
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(7) Any person convicted of unlawful sale or delivery | ||
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(8) A person 18 years of age or older convicted of | ||
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(9) Any person convicted of unlawful sale or | ||
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(10) Any person convicted of unlawful sale or | ||
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(D) For purposes of this Section:
"School" means a public or private elementary or secondary school,
community college, college, or university.
"School related activity" means any sporting, social, academic, or
other activity for which students' attendance or participation is sponsored,
organized, or funded in whole or in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(720 ILCS 5/24-3A)
Sec. 24-3A. Gunrunning.
(a) A person commits gunrunning when he or she transfers 3 or
more firearms in violation of any of the paragraphs of Section 24-3 of this
Code.
(b) Sentence. A person who commits gunrunning: (1) is guilty of a Class 1
felony; (2) is guilty of a Class X felony for which the | ||
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(3) is guilty of a Class X felony for which the | ||
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A person who commits gunrunning by transferring firearms to a person
who, at the time of the commission of the offense, is under 18 years of age is
guilty of a Class X felony.
(Source: P.A. 93-906, eff. 8-11-04.)
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(720 ILCS 5/24-3B) Sec. 24-3B. Firearms trafficking. (a) A person commits firearms trafficking when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly: (1) brings, or causes to be brought, into this State, | ||
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(2) brings, or causes to be brought, into this State, | ||
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(a-5) This Section does not apply to: (1) a person exempt under Section 2 of the Firearm | ||
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(2) a common carrier under subsection (i) of Section | ||
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(3) a non-resident who may lawfully possess a | ||
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(b) Sentence. (1) Firearms trafficking is a Class 1 felony for | ||
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(2) Firearms trafficking by a person who has been | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.
(a) A person commits the offense of unlawful possession of firearms
or firearm ammunition when:
(1) He is under 18 years of age and has in his | ||
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(2) He is under 21 years of age, has been convicted | ||
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(3) He is a narcotic addict and has any firearms or | ||
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(4) He has been a patient in a mental institution | ||
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"Mental institution" means any hospital, | ||
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"Patient in a mental institution" means the | ||
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(5) He is a person with an intellectual disability | ||
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(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means the projectile
portion of an ammunition cartridge which contains or carries an explosive
charge which will explode upon contact with the flesh of a human or an animal.
"Cartridge" means a tubular metal case having a projectile affixed at the
front thereof and a cap or primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and firearm
ammunition is a Class A misdemeanor. Unlawful possession of handguns is a
Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits
a person under 18 years of age from participating in any lawful recreational
activity with a firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or hunting, trapping,
or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life
Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
Sec. 24-3.2.
Unlawful discharge of firearm projectiles.
(a) A person
commits the offense of unlawful discharge of firearm projectiles when he
or she knowingly
or recklessly uses an armor piercing bullet, dragon's
breath shotgun shell, bolo shell, or flechette
shell
in violation of
this Section.
For purposes of this Section:
"Armor piercing bullet" means
any handgun bullet or handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of other substances)
from tungsten alloys, steel, iron, brass, bronze, beryllium copper
or depleted uranium, or fully jacketed bullets larger than 22 caliber whose
jacket
has a weight of more than 25% of the total weight of the projectile, and
excluding those handgun
projectiles whose cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any
other projectiles or projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting purposes or industrial
purposes or that otherwise does not constitute "armor piercing ammunition" as
that term is defined by federal law.
"Dragon's breath shotgun shell" means any shotgun shell that contains
exothermic pyrophoric mesh metal as the projectile and is designed for the
purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
"Bolo shell" means any shell that can be fired in a firearm and expels as
projectiles 2 or more metal balls connected by solid metal wire.
"Flechette shell" means any shell that can be fired in a firearm and expels
2 or more pieces of fin-stabilized solid metal wire or 2 or more solid
dart-type
projectiles.
(b) A person commits a Class X felony when he or she, knowing that a
firearm,
as defined in Section 1.1 of the Firearm Owners Identification Card
Act, is loaded with an armor
piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette
shell,
intentionally or recklessly discharges such firearm and such bullet or
shell strikes
any other person.
(c) Any person who possesses, concealed on or about his or her person,
an armor
piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette
shell
and a firearm suitable for the discharge thereof is guilty
of a Class 2 felony.
(d) This Section does not apply to or affect any of the following:
(1) Peace officers;
(2) Wardens, superintendents and keepers of prisons, | ||
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(3) Members of the Armed Services or Reserve Forces | ||
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(4) Federal officials required to carry firearms, | ||
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(5) United States Marshals, while engaged in the | ||
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(Source: P.A. 92-423, eff. 1-1-02.)
|
(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3.
Unlawful Sale or Delivery of Firearms on the Premises of
Any School, regardless of the time of day or the time of year, or any
conveyance owned, leased or contracted by a school to transport students to
or from school or a school related activity, or
residential property owned, operated or managed by a public housing
agency. Any person 18 years of age or older who sells, gives or delivers
any firearm to any person under 18 years of age in any school, regardless
of the time of day or the time of year or residential property owned,
operated or managed by a public housing agency or leased by a
public housing agency as part of a scattered site or mixed-income
development, on the real property
comprising any school, regardless of the time of day or the time of year
or residential property owned, operated or managed by a public
housing
agency or leased by a public housing agency as part of a scattered site or
mixed-income development commits a Class 3 felony. School is defined, for the
purposes of
this Section, as any public or private elementary or secondary school,
community college, college or university. This does not apply to peace
officers or to students carrying or possessing firearms for use in school
training courses, parades, target shooting on school ranges, or otherwise
with the consent of school authorities and which firearms are transported
unloaded and enclosed in a suitable case, box or transportation package.
(Source: P.A. 91-673, eff. 12-22-99.)
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(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
Sec. 24-3.4.
Unlawful sale of firearms by liquor licensee.
(a) It shall be unlawful for any person who holds a license to sell at
retail any alcoholic liquor issued by the Illinois Liquor Control
Commission or local liquor control commissioner under the Liquor Control Act
of 1934 or an agent or employee of the licensee to sell or deliver to any
other person a firearm in or on the real property of the establishment
where the licensee is licensed to sell alcoholic liquors unless the sale or
delivery of the firearm is otherwise lawful under this Article and under the
Firearm Owners Identification Card Act.
(b) Sentence. A violation of subsection (a) of this Section is a
Class 4 felony.
(Source: P.A. 87-591.)
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(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section,
"firearms transaction record form" means a form:
(1) executed by a transferee of a firearm stating: | ||
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(2) on which the transferee certifies that he or she | ||
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(b) A person commits the offense of unlawful purchase of a firearm who
knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another person who
is prohibited by federal or State law from possessing a firearm.
(c) A person commits the offense of unlawful purchase of a firearm when he
or she, in purchasing or attempting to purchase a firearm, intentionally
provides false or
misleading information on a United States Department of the Treasury, Bureau of
Alcohol, Tobacco and Firearms firearms transaction record form.
(d) Exemption. It is not a violation of subsection (b) of this Section for a
person to make a gift or loan of a firearm to a
person who is not
prohibited by federal or State law from possessing a firearm
if the transfer of the firearm
is made in accordance with Section 3 of the Firearm Owners Identification Card
Act.
(e) Sentence.
(1) A person who commits the offense of unlawful | ||
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(A) is guilty of a Class 2 felony for purchasing | ||
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(B) is guilty of a Class 1 felony for purchasing | ||
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(C) is guilty of a Class X felony for which the | ||
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(2) In addition to any other penalty that may be | ||
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(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.
(Source: P.A. 95-882, eff. 1-1-09.)
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(720 ILCS 5/24-3.6) (Text of Section before amendment by P.A. 103-822) Sec. 24-3.6. Unlawful use of a
firearm in the shape of a wireless telephone. (a) For the purposes of this Section, "wireless telephone" means a
device that is capable of
transmitting or receiving telephonic communications without a wire connecting
the device to the telephone network. (b) A person commits the offense of unlawful use of a
firearm in the shape of a wireless telephone when he or she manufactures,
sells, transfers, purchases, possesses, or carries a firearm shaped or designed
to appear
as a wireless
telephone. (c) This Section does not apply to or affect the sale to or possession of a
firearm in the shape of a wireless telephone by a peace officer. (d) Sentence. Unlawful use of a
firearm in the shape of a wireless telephone is a Class 4 felony.(Source: P.A. 92-155, eff. 1-1-02.) (Text of Section after amendment by P.A. 103-822) Sec. 24-3.6. Unlawful possession of a firearm in the shape of a wireless telephone. (a) For the purposes of this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network. (b) A person commits the offense of unlawful possession of a firearm in the shape of a wireless telephone when he or she manufactures, sells, transfers, purchases, possesses, or carries a firearm shaped or designed to appear as a wireless telephone. (c) This Section does not apply to or affect the sale to or possession of a firearm in the shape of a wireless telephone by a peace officer. (d) Sentence. Unlawful possession of a firearm in the shape of a wireless telephone is a Class 4 felony.(Source: P.A. 103-822, eff. 1-1-25.) |
(720 ILCS 5/24-3.7) Sec. 24-3.7. Use of a stolen firearm in the commission of an offense. (a) A person commits the offense of use of a stolen firearm in the commission of an offense when he or she knowingly uses a stolen firearm in the commission of any offense and the person knows that the firearm was stolen. (b) Sentence. Use of a stolen firearm in the commission of an offense is a Class 2 felony.
(Source: P.A. 96-190, eff. 1-1-10.) |
(720 ILCS 5/24-3.8) Sec. 24-3.8. Possession of a stolen firearm.
(a) A person commits possession of a stolen firearm when he or she, not
being entitled to the possession of a firearm, possesses the
firearm, knowing it to have been stolen or converted. The trier of fact may infer that
a person who possesses a firearm with knowledge that its serial number has
been removed or altered has knowledge that the firearm is stolen or converted.
(b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.) |
(720 ILCS 5/24-3.9) Sec. 24-3.9. Aggravated possession of a stolen firearm.
(a) A person commits aggravated possession of a stolen firearm when he
or she:
(1) Not being entitled to the possession of not less | ||
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(2) Not being entitled to the possession of not less | ||
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(3) Not being entitled to the possession of not less | ||
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(4) Not being entitled to the possession of not less | ||
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(5) Not being entitled to the possession of more than | ||
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(b) The trier of fact may infer that a person who possesses a firearm with
knowledge that its serial number has been removed or altered has
knowledge that the firearm is stolen or converted.
(c) Sentence.
(1) A person who violates paragraph (1) of subsection | ||
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(2) A person who violates paragraph (2) of subsection | ||
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(3) A person who violates paragraph (3) of subsection | ||
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(4) A person who violates paragraph (4) of subsection | ||
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(5) A person who violates paragraph (5) of subsection | ||
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(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.) |
(720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
Sec. 24-4.
Register
of sales by dealer.
(a) Any seller of firearms of a size which may be concealed upon the
person, other than a manufacturer selling to a bona fide wholesaler or
retailer or a wholesaler selling to a bona fide retailer, shall keep a
register of all firearms sold or given away.
(b) Such register shall contain the date of the sale or gift, the name,
address, age and occupation of the person to whom the weapon is sold or
given, the price of the weapon, the kind, description and number of the
weapon, and the purpose for which it is purchased and obtained.
(c) Such seller on demand of a peace officer shall produce for
inspection the register and allow such peace officer to inspect such
register and all stock on hand.
(d) Sentence.
Violation of this Section is a Class B misdemeanor.
(Source: P.A. 77-2638.)
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(720 ILCS 5/24-4.1)
Sec. 24-4.1. Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. (b) A law enforcement agency having jurisdiction shall take a written report and shall, as soon as practical, enter the firearm's serial number as stolen into the Law Enforcement Agencies Data System (LEADS). (c) A person shall not be in violation of this Section if: (1) the failure to report is due to an act of God, | ||
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(2) the person is hospitalized, in a coma, or is | ||
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(3) the person's designee makes a report if the | ||
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(d) Sentence. A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-508, eff. 8-19-13.) |
(720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
Sec. 24-5. Defacing
identification marks of firearms.
(a) Any person who shall knowingly or intentionally change, alter,
remove or obliterate the name of
the importer's or manufacturer's serial number of
any firearm commits a Class 2 felony.
(b) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been
changed, altered, removed or obliterated commits a Class 3 felony.
(c) Nothing in this Section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm's frame or receiver. (d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense.
(Source: P.A. 93-906, eff. 8-11-04.)
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(720 ILCS 5/24-5.1) Sec. 24-5.1. Serialization of unfinished frames or receivers; prohibition on unserialized firearms; exceptions; penalties. (a) In this Section: "Bona fide supplier" means an established business entity engaged in the development and sale of firearms parts to one or more federal firearms manufacturers or federal firearms importers. "Federal firearms dealer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(11). "Federal firearms importer" means a licensed importer pursuant to 18 U.S.C. 921(a)(9). "Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(10). "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. "Security exemplar" means an object to be fabricated at the direction of the United States Attorney General that is (1) constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun and (2) suitable for testing and calibrating metal detectors. "Three-dimensional printer" means a computer or computer-drive machine capable of producing a three-dimensional object from a digital model. "Undetectable firearm" means (1) a firearm constructed entirely of non-metal substances; (2) a firearm that, after removal of all parts but the major components of the firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar; or (3) a firearm that includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. "Undetectable firearm" does not include a firearm subject to the provisions of 18 U.S.C. 922(p)(3) through (6). "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that: (1) has reached a stage in manufacture where it may | ||
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(2) is marketed or sold to the public to become or be | ||
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"Unserialized" means lacking a serial number imprinted by: (1) a federal firearms manufacturer, federal firearms | ||
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(2) a federal firearms dealer or other federal | ||
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(b) It is unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer. (c) Beginning 180 days after May 18, 2022 (the effective date of Public Act 102-889), it is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless: (1) the party possessing or receiving the unfinished | ||
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(2) the unfinished frame or receiver is possessed or | ||
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(3) the unfinished frame or receiver has been | ||
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(d) Beginning 180 days after May 18, 2022 (the effective date of Public Act 102-889), unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it is unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process under subsection (f) of this Section. (e) Any firearm or unfinished frame or receiver manufactured using a three-dimensional printer must also be serialized in accordance with the requirements of subsection (f) within 30 days after May 18, 2022 (the effective date of Public Act 102-889), or prior to reaching a stage of manufacture where it may be readily completed, assembled, or converted to be a functional firearm. (f) Unserialized unfinished frames or receivers and unserialized firearms serialized pursuant to this Section shall be serialized in compliance with all of the following: (1) An unserialized unfinished frame or receiver and | ||
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(2) Every federally licensed firearms dealer or other | ||
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(3) Every federally licensed firearms dealer or other | ||
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(4) Every federally licensed firearms dealer or other | ||
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(g) Within 30 days after May 18, 2022 (the effective date of Public Act 102-889), the Director of the Illinois State Police shall issue a public notice regarding the provisions of this Section. The notice shall include posting on the Illinois State Police website and may include written notification or any other means of communication statewide to all Illinois-based federal firearms manufacturers, federal firearms dealers, or other federal licensees authorized to provide marking services in compliance with the serialization process in subsection (f) in order to educate the public. (h) Exceptions. This Section does not apply to an unserialized unfinished frame or receiver or an unserialized firearm that: (1) has been rendered permanently inoperable; (2) is an antique firearm, as defined in 18 U.S.C. | ||
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(3) was manufactured prior to October 22, 1968; (4) is an unfinished frame or receiver and is | ||
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(5) is possessed by a person who received the | ||
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(i) Penalties. (1) A person who violates subsection (c) or (d) is | ||
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(2) A person who violates subsection (b) is guilty of | ||
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(Source: P.A. 102-889, eff. 5-18-22; 103-605, eff. 7-1-24.) |
(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
Sec. 24-6. Confiscation and disposition of weapons.
(a) Upon conviction of an offense in which a weapon was used or
possessed by the offender, any weapon seized shall be confiscated by the
trial court.
(b) Any stolen weapon so confiscated, when no longer
needed for evidentiary purposes, shall be returned to the person entitled to
possession, if known. After the
disposition of a criminal case or in any criminal case where a final judgment
in the case was not entered due to the death of the defendant, and when a
confiscated weapon is no longer needed for evidentiary purposes, and when in
due course no legitimate claim has been made for the weapon, the court may
transfer the weapon to the sheriff of the county who may proceed to
destroy it, or may in its discretion order the weapon preserved as
property of the governmental body whose police agency seized the weapon, or
may in its discretion order the weapon to be transferred to the Illinois State Police for use by the crime laboratory system, for training
purposes, or for any other application as deemed appropriate by the
Department. If, after the disposition of a criminal case, a need still
exists for the use of the confiscated weapon for evidentiary purposes, the
court may transfer the weapon to the custody of the State Department of
Corrections for preservation. The court may not order the transfer of the
weapon to any private individual or private organization other than to return
a stolen weapon to its rightful owner.
The provisions of this Section shall not apply to violations of the Fish
and Aquatic Life Code or the Wildlife Code. Confiscation
of weapons for Fish and Aquatic Life Code and Wildlife Code
violations shall be only as provided in those Codes.
(c) Any mental hospital that admits a person as an inpatient pursuant
to any of the provisions of the Mental Health and Developmental
Disabilities Code shall confiscate any firearms in the possession of that
person at the time of admission, or at any time the firearms are
discovered in the person's possession during the course of hospitalization.
The hospital shall, as soon as possible following confiscation, transfer
custody of the firearms to the appropriate law enforcement agency. The
hospital shall give written notice to the person from whom the firearm was
confiscated of the identity and address of the law enforcement agency to
which it has given the firearm.
The law enforcement agency shall maintain possession of any firearm it
obtains pursuant to this subsection for a minimum of 90 days. Thereafter,
the firearm may be disposed of pursuant to the provisions of subsection (b)
of this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
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(720 ILCS 5/24-7)
Sec. 24-7.
Weapons offenses; community service.
In addition to any other
sentence that may be imposed, a court shall order any person convicted of a
violation of this Article 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 Article, the supervision shall be
conditioned upon the performance of the community service.
This Section 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.)
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(720 ILCS 5/24-8)
Sec. 24-8. Firearm evidence.
(a) Upon recovering a firearm from the possession
of anyone who is not permitted by federal or State
law
to possess a firearm, a law enforcement agency shall
use the best available information, including a firearms trace when necessary,
to determine how and from whom the person gained
possession of the firearm.
Upon recovering a firearm that was used in the commission of any offense
classified as a felony or upon recovering a firearm that appears to have been
lost, mislaid,
stolen, or
otherwise unclaimed, a law enforcement agency shall use the best
available
information, including a firearms trace, to determine prior
ownership of
the firearm.
(b) Law enforcement shall, when appropriate, use the National
Tracing Center of the
Federal
Bureau of Alcohol, Tobacco and Firearms and the National Crime Information Center of the Federal Bureau of Investigation in complying with subsection (a) of
this Section.
(c) Law enforcement agencies shall use the Illinois State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all
stolen, seized, or recovered firearms as prescribed by LEADS regulations and
policies. (d) Whenever a law enforcement agency recovers a fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime, the law enforcement agency shall submit the evidence to the National Integrated Ballistics Information Network (NIBIN) or an Illinois State Police laboratory for NIBIN processing. Whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the NIBIN that was: (i) unlawfully possessed, (ii) used for any unlawful purpose, (iii) recovered from the scene of a crime, (iv) is reasonably believed to have been used or associated with the commission of a crime, or (v) is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing.
When practicable, all NIBIN-suitable evidence and NIBIN-suitable test fires from recovered firearms shall be entered into the NIBIN within 2 business days of submission to Illinois State Police laboratories that have NIBIN access or another NIBIN site. Exceptions to this may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement.
Illinois State Police laboratories that do not have NIBIN access shall submit NIBIN-suitable evidence and test fires to an Illinois State Police laboratory with NIBIN access. Upon receipt at the laboratory with NIBIN access, when practicable, the evidence and test fires shall be entered into the NIBIN within 2 business days. Exceptions to this 2 business-day requirement may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement.
Nothing in this Section shall be interpreted to conflict with standards and policies for NIBIN sites as promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives or successor agencies.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(720 ILCS 5/24-9)
Sec. 24-9.
Firearms; Child Protection.
(a) Except as provided in
subsection (c), it is unlawful
for any person to
store or leave, within premises under his or her control, a firearm if
the
person knows or has reason to believe that a minor under the age of 14
years who does not have a Firearm Owners Identification Card is likely to gain
access to the firearm without the lawful permission
of the minor's parent, guardian, or person having charge of the minor, and
the minor causes death or great bodily harm with the firearm, unless
the firearm is:
(1) secured by a device or mechanism, other than the | ||
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(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable | ||
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(b) Sentence. A person who violates this Section is guilty of a Class C
misdemeanor and shall be fined not less than $1,000. A second or subsequent
violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access | ||
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(2) to any firearm obtained by a minor under the age | ||
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(d) For the purposes of this Section, "firearm" has the meaning ascribed
to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)
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(720 ILCS 5/24-9.5) Sec. 24-9.5. Handgun safety devices. (a) It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. This includes but is not limited to: (1) An external device that is: (i) attached to the handgun with a key or | ||
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(ii) designed to prevent the handgun from being | ||
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(2) An integrated mechanical safety, disabling, or | ||
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(i) built into the handgun; and (ii) designed to prevent the handgun from being | ||
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(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor. (c) For the purposes of this Section, "handgun" has the meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24-3 of this Code. (d) This Section does not apply to: (1) the purchase, sale, or transportation of a | ||
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(i) personnel of any unit of the federal | ||
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(ii) members of the armed forces of the United | ||
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(iii) law enforcement personnel of the State or | ||
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(iv) an organization that is required by federal | ||
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(2) a firearm modified to be permanently inoperative; (3) the sale or transfer of a handgun by a federally | ||
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(4) the sale or transfer of a handgun by a federally | ||
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(5) an antique firearm.
(Source: P.A. 94-390, eff. 1-1-06.) |
(720 ILCS 5/24-10) Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93-1048, eff. 11-16-04.) |
(720 ILCS 5/Art. 24.5 heading)
ARTICLE 24.5.
NITROUS OXIDE
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(720 ILCS 5/24.5-5)
Sec. 24.5-5.
Unlawful possession.
Any person who possesses nitrous oxide or any substance containing nitrous
oxide, with the intent to breathe, inhale, or ingest for the purpose of causing
a condition of intoxication, elation, euphoria, dizziness, stupefaction, or
dulling of the senses or for the purpose of, in any manner, changing,
distorting, or disturbing the audio, visual, or mental processes, or who
knowingly and with the intent to do so is under the influence of nitrous oxide
or any material containing nitrous oxide is guilty of a Class A misdemeanor.
A person who commits a second or subsequent violation of this Section is guilty
of a Class 4 felony.
This Section shall not apply to any person who is under the influence of
nitrous oxide or any material containing nitrous oxide pursuant to an
administration for the purpose of medical, surgical, or dental care by a person
duly licensed to administer such an agent.
(Source: P.A. 91-366, eff. 1-1-00.)
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(720 ILCS 5/24.5-10)
Sec. 24.5-10.
Unlawful manufacture or delivery.
Any person, firm, corporation, co-partnership, limited liability
company, or association that intentionally manufactures, delivers, or
possesses with intent to manufacture or deliver nitrous oxide for any purpose
prohibited under Section 24.5-5 is guilty of a Class 3 felony.
(Source: P.A. 91-366, eff. 1-1-00.)
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(720 ILCS 5/Art. 24.6 heading) ARTICLE 24.6. LASERS AND LASER POINTERS
(Repealed) (Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 24.8 heading) ARTICLE 24.8. AIR RIFLES
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-0.1) Sec. 24.8-0.1. Definitions. As used in this Article: "Air rifle" means and includes any air gun, air pistol, spring gun,
spring pistol, B-B gun, paint ball gun, pellet gun or any implement
that is not a firearm which impels a breakable paint ball containing
washable marking colors or, a pellet constructed of hard plastic, steel,
lead or other hard materials with a force that reasonably is expected to
cause bodily harm. "Dealer" means any person, copartnership, association or corporation
engaged in the business of selling at retail or renting any of the articles
included in the definition of "air rifle". "Municipalities" include cities, villages, incorporated towns and
townships.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-1) Sec. 24.8-1. Selling, renting, or transferring air rifles to children. (a) A dealer commits selling, renting, or transferring air rifles to children when he or she sells, lends, rents, gives or
otherwise transfers an air rifle to any person under the age of 13 years
where the dealer knows or has cause to believe the person to be under 13
years of age or where the dealer has failed to make reasonable inquiry
relative to the age of the person and the person is under 13 years of
age. (b) A person commits selling, renting, or transferring air rifles to children when he or she sells, gives, lends, or otherwise transfers
any air rifle to any person under 13 years of age except where the
relationship of parent and child, guardian and ward or adult instructor and
pupil, exists between this person and the person under 13 years of age, or
where the person stands in loco parentis to the person under 13 years of
age.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-2) Sec. 24.8-2. Carrying or discharging air rifles on public streets. (a) A person under 13 years of age commits carrying or discharging air rifles on public streets when he or she carries any
air rifle on the public streets, roads, highways or public lands within
this State, unless the person under 13 years of age carries the air rifle
unloaded. (b) A person commits carrying or discharging air rifles on public streets when he or she discharges any air rifle from or across
any street, sidewalk, road, highway or public land or any public place
except on a safely constructed target range.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-3) Sec. 24.8-3. Permissive possession of an air rifle by a person under 13 years of age. Notwithstanding any provision of this Article, it is lawful for any
person under 13 years of age to have in his or her possession any air rifle if it
is: (1) Kept within his or her house of residence or | ||
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(2) Used by the person and he or she is a duly | ||
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(3) Used in or on any private grounds or residence | ||
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(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-4) Sec. 24.8-4. Permissive sales. The provisions of this Article do not prohibit sales of air rifles: (1) By wholesale dealers or jobbers; (2) To be shipped out of the State; or (3) To be used at a target range operated in | ||
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(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-5) Sec. 24.8-5. Sentence. A violation of this Article is a
petty offense. The Illinois State Police or any sheriff or police officer shall seize, take,
remove or cause to be removed at the expense of the owner, any air rifle
sold or used in any manner in violation of this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/24.8-6) Sec. 24.8-6. Municipal regulation. The provisions of any ordinance enacted by any municipality which
impose greater restrictions or limitations in respect to the sale and
purchase, use or possession of air rifles as herein defined than are
imposed by this Article, are not invalidated nor affected by this Article.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 25 heading) ARTICLE 25.
MOB ACTION AND RELATED OFFENSES
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(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
Sec. 25-1. Mob action.
(a) A person commits mob action when he or she engages in any of the following:
(1) the knowing or reckless use of force or violence | ||
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(2) the knowing assembly of 2 or more persons with | ||
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(3) the knowing assembly of 2 or more persons, | ||
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(b) Sentence. (1) Mob action in violation of paragraph (1) of | ||
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(2) Mob action in violation of paragraphs (2) and (3) | ||
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(3) A participant in a mob action that by violence | ||
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(4) A participant in a mob action who does not | ||
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(5) In addition to any other sentence that may be | ||
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(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/25-1.1)
Sec. 25-1.1. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/25-2) (from Ch. 38, par. 25-2)
Sec. 25-2.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/25-4)
Sec. 25-4. Looting by individuals. (a) A person commits looting when he or she knowingly without
authority of law or the owner enters any home or dwelling or upon any premises of another, or
enters any commercial, mercantile, business, or industrial building, plant, or establishment, in
which normal security of property is not present by virtue of a hurricane, fire, or vis major of any
kind or by virtue of a riot, mob, or other human agency, and obtains or exerts control over
property of the owner. (b) Sentence. Looting is a Class 4 felony. In addition to any other penalty imposed, the
court shall impose a sentence of at least 100 hours of community service as determined by the
court and shall require the defendant to make restitution to the owner of the property looted
pursuant to Section 5-5-6 of the Unified Code of Corrections.
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/25-5)
(was 720 ILCS 5/25-1.1)
Sec. 25-5. Unlawful participation in streetgang related activity.
(a) A person commits unlawful participation in streetgang related activity
when he or she knowingly commits any act in furtherance of streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act after having been:
(1) sentenced to probation, conditional discharge, or | ||
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(2) released on bond for any criminal offense with a | ||
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(3) ordered by a judge in any non-criminal proceeding | ||
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(4) released from the Illinois Department of | ||
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(b) Unlawful participation in streetgang related activity is a Class A misdemeanor.
(c) (Blank).
(Source: P.A. 100-279, eff. 1-1-18.)
|
(720 ILCS 5/25-6) (was 720 ILCS 5/25-2)
Sec. 25-6. Removal
of chief of police or sheriff for allowing a person in his or her custody to be lynched.
(a) If a prisoner is taken from the custody of any policeman or chief of
police of any municipality and lynched, it shall be prima facie
evidence of wrong-doing on the part of that chief of police and he or she shall be
suspended. The mayor or chief executive of the municipality shall
appoint an acting chief of police until he or she has ascertained whether the
suspended chief of police had done all in his or her power to protect the life of
the prisoner. If, upon hearing all evidence and argument, the mayor or
chief executive finds that the chief of police had done his or her utmost to
protect the prisoner, he or she may reinstate the chief of police; but, if he
or she finds the chief of police guilty of not properly protecting the prisoner, a
new chief of police shall be appointed. Any chief of police replaced is
not be eligible to serve again in that office.
(b) If a prisoner is taken from the custody of any sheriff or his or her deputy
and lynched, it is prima facie evidence of wrong-doing on the part of that
sheriff and he or she shall be suspended. The Governor shall appoint an
acting sheriff until he or she has ascertained whether the suspended sheriff had
done all in his or her power to protect the life of the prisoner. If, upon hearing
all evidence and argument, the Governor finds that the sheriff had done his or her
utmost to protect the prisoner, he or she shall reinstate the sheriff; but, if he or she
finds the sheriff guilty of not properly protecting the prisoner, a new
sheriff shall be duly elected or appointed, pursuant to the existing law
provided for the filling of vacancies in that office. Any sheriff replaced is
not eligible to serve again in that office.
(Source: P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/Art. 26 heading) ARTICLE 26.
DISORDERLY CONDUCT
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(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to | ||
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(2) Transmits or causes to be transmitted in any | ||
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(3) Transmits or causes to be transmitted in any | ||
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(3.5) Transmits or causes to be transmitted in any | ||
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(4) Transmits or causes to be transmitted in any | ||
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(5) Transmits or causes to be transmitted in any | ||
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(6) Calls or texts the number "911" or transmits or | ||
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(7) Transmits or causes to be transmitted in any | ||
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(8) Transmits or causes to be transmitted in any | ||
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(9) Transmits or causes to be transmitted in any | ||
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(10) Transmits or causes to be transmitted in any | ||
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(11) Enters upon the property of another and for a | ||
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(12) While acting as a collection agency as defined | ||
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(b) Sentence. A violation of subsection (a)(1) of this Section
is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection
(a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4
felony. A
violation of subsection (a)(3) of this Section is a Class 3 felony, for which
a fine of not less than $3,000 and no more than $10,000 shall be assessed in
addition to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a Business Offense and
shall be punished by a fine not to exceed $3,000. A second or subsequent
violation of subsection (a)(7) or (a)(5) of this Section is a Class
4 felony. A third or subsequent violation of subsection (a)(11) of this Section
is a Class 4 felony.
(c) In addition to any other sentence that may be imposed, a court shall
order any person convicted of disorderly conduct 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. (d) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school that requires an emergency response to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the response. If the court determines that the person convicted of disorderly conduct that requires an emergency response to a school is indigent, the provisions of this subsection (d) do not apply. (e) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply. (f) For the purposes of this Section, "emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 103-366, eff. 1-1-24.) |
(720 ILCS 5/26-1.1) Sec. 26-1.1. False report of theft and other losses. (a) A person who
knowingly makes a false report of a theft, destruction, damage or conversion
of any property to a law enforcement agency or other governmental agency
with the intent to defraud an insurer is guilty of a Class A misdemeanor.
(b) A person convicted of a violation of this Section a second or subsequent
time is guilty of a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.) |
(720 ILCS 5/26-2) (from Ch. 38, par. 26-2)
Sec. 26-2. Interference with emergency communication.
(a) A person commits interference with emergency
communication when he or she knowingly, intentionally and without lawful
justification interrupts, disrupts, impedes, or otherwise interferes
with the transmission of a communication over a citizens band radio
channel, the purpose of which communication is to inform or inquire
about an emergency.
(b) For the purpose of this Section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by the
person transmitting the communication to be in imminent danger of serious
bodily injury or in which property is or is reasonably believed by the person
transmitting the communication to be in imminent danger of damage or
destruction.
(c) Sentence.
(1) Interference with emergency communication is a | ||
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(2) Interference with emergency communication, where | ||
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(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/26-3) (from Ch. 38, par. 26-3)
Sec. 26-3. Use of a facsimile machine in unsolicited advertising or fund-raising.
(a) Definitions:
(1) "Facsimile machine" means a device which is | ||
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(2) "Person" means an individual, public or private | ||
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(b) A person commits use of a facsimile machine in unsolicited advertising or fund-raising when he or she knowingly uses a facsimile machine to send or cause
to be sent to another person a facsimile of a document containing
unsolicited advertising or fund-raising material, except to
a person which the sender knows or under all of the circumstances
reasonably believes has given the sender permission, either on a case by
case or continuing basis, for the sending of the material.
(c) Sentence. Any person who violates subsection (b) is guilty of a petty
offense and shall be fined an amount not to exceed $500.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
Sec. 26-4. Unauthorized video recording and live video transmission.
(a) It is unlawful for any person to knowingly make a video record or transmit live video of
another person without that person's consent in a restroom, tanning bed,
tanning salon, locker room, changing room, or hotel bedroom.
(a-5) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence
without that person's consent.
(a-6) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent when the recording or transmission is made outside that person's residence by use of an audio or video device that records or transmits from a remote location. (a-10) It is unlawful for any person to knowingly make a video record or transmit live video of another person's intimate parts
for the purpose of viewing the body of or the undergarments worn by that other
person
without that person's consent. For the purposes of this subsection (a-10), "intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.
(a-15) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmit live video of another person without that person's consent. (a-20) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video with the intent to make a video record or transmit live video of another person in that other person's residence without that person's consent. (a-25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), or (a-20).
(b) Exemptions. The following activities shall be exempt from the
provisions of this Section:
(1) The making of a video record or transmission of | ||
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(2) The making of a video record or transmission of | ||
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(3) The making of a video record or transmission of | ||
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(c) The provisions of this Section do not apply to any sound recording
or transmission of an oral conversation made as the result of the making of a video record or transmission of live video,
and to which Article 14 of this Code applies.
(d) Sentence.
(1) A violation of subsection (a-15) or (a-20) is a | ||
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(2) A violation of subsection (a), (a-5), (a-6), or | ||
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(3) A violation of subsection (a-25) is a Class 3 | ||
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(4) A violation of subsection (a), (a-5), (a-6), | ||
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(5) A violation of subsection (a-25) is a Class 2 | ||
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(e) For purposes of this Section:
(1) "Residence" includes a rental dwelling, but does | ||
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(2) "Video record" means and includes any | ||
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(Source: P.A. 102-567, eff. 1-1-22.)
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(720 ILCS 5/26-4.5) Sec. 26-4.5. Consumer communications privacy. (a) For purposes of this Section, "communications company" means any
person or organization which owns, controls, operates or manages any company
which provides information or entertainment electronically to a household,
including but not limited to a cable or community antenna television system. (b) It shall be unlawful for a communications company to: (1) install and use any equipment which would allow a | ||
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(2) provide any person or public or private | ||
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(3) disclose the television viewing habits of any | ||
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(4) install or maintain a home-protection scanning | ||
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(c) Sentence. A violation of this Section is a business offense,
punishable by a fine not to exceed $10,000 for each violation. (d) Civil liability. Any person who has been injured by a violation of this Section may commence
an action in the circuit court for damages against any communications company
which has committed a violation. If the court awards damages, the plaintiff
shall be awarded costs.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26-5)
(This Section was renumbered as Section 48-1 by P.A. 97-1108.) Sec. 26-5. (Renumbered). (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/26-6) Sec. 26-6. Disorderly conduct at a funeral or memorial service. (a) The General Assembly finds and declares that due to the unique nature of funeral and memorial services and the heightened opportunity for extreme emotional distress on such occasions, the purpose of this Section is to protect the privacy and ability to mourn of grieving families directly before, during, and after a funeral or memorial service. (b) For purposes of this Section: (1) "Funeral" means the ceremonies, rituals, | ||
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(2) "Funeral site" means a church, synagogue, mosque, | ||
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(c) A person commits the offense of disorderly conduct at a funeral or memorial service when he or she: (1) engages, with knowledge of the existence of a | ||
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(2) displays, with knowledge of the existence of a | ||
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(3) with knowledge of the existence of a funeral | ||
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(d) Disorderly conduct at a funeral or memorial service is a Class C misdemeanor. A second or subsequent violation is a Class 4 felony. (e) If any clause, sentence, section, provision, or part of this Section or the application thereof to any person or circumstance is adjudged to be unconstitutional, the remainder of this Section or its application to persons or circumstances other than those to which it is held invalid, is not affected thereby.
(Source: P.A. 97-359, eff. 8-15-11.) |
(720 ILCS 5/26-7) Sec. 26-7. Disorderly conduct with a laser or laser pointer. (a) Definitions. For the purposes of this Section: "Aircraft" means any contrivance now known or | ||
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"Laser" means both of the following: (1) any device that utilizes the natural | ||
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(2) any device designed or used to amplify | ||
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"Laser pointer" means a hand-held device that emits | ||
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"Laser sight" means a laser pointer that can be | ||
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(b) A person commits disorderly conduct with a laser or laser pointer when he or she intentionally or knowingly: (1) aims an operating laser pointer at a person he or | ||
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(2) aims and discharges a laser or other device that | ||
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(c) Paragraph (2) of subsection (b) does not apply to the following individuals who aim and discharge a laser or other device at an aircraft: (1) an authorized individual in the conduct of | ||
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(2) members or elements of the Department of Defense | ||
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(d) Sentence. Disorderly conduct with a laser or laser pointer is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 26.5 heading) ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26.5-0.1) Sec. 26.5-0.1. Definitions. As used in this Article: "Electronic communication" means any transfer of signs, signals,
writings, images, sounds, data or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic, photoelectric or
photo-optical system. "Electronic communication" includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail. "Family or household member" includes spouses, former spouses,
parents,
children, stepchildren and other persons related by blood or by present or
prior
marriage, persons who share or formerly shared a common dwelling, persons who
have or allegedly share a blood relationship through a child, persons who have
or have had a dating or engagement relationship, and persons with disabilities
and their personal assistants. For purposes of this Article, neither a casual
acquaintanceship nor ordinary fraternization between 2 individuals in
business or social contexts shall be deemed to constitute a dating
relationship. "Harass" or "harassing" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26.5-1) Sec. 26.5-1. Transmission of obscene messages. (a) A person commits transmission of obscene messages when he or she sends messages or uses language or
terms which are obscene, lewd or immoral with the intent to offend by means
of or while using a telephone or telegraph facilities, equipment or wires
of any person, firm or corporation engaged in the transmission of news or
messages between states or within the State of Illinois. (b) The trier of fact may infer intent to offend from the use of language or terms which are obscene, lewd
or immoral.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26.5-2) Sec. 26.5-2. Harassment by telephone. (a) A person commits harassment by telephone when he or she uses telephone communication for any of the following purposes: (1) Making any comment, request, suggestion or | ||
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(2) Making a telephone call, whether or not | ||
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(3) Making or causing the telephone of another | ||
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(4) Making repeated telephone calls, during which | ||
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(5) Making a telephone call or knowingly inducing a | ||
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(6) Knowingly permitting any telephone under one's | ||
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(b) Every telephone directory published for distribution to members of the
general public shall contain a notice setting forth a summary of the provisions
of this Section. The notice shall be printed in type which is no smaller
than any other type on the same page and shall be preceded by the word
"WARNING".
All telephone companies in this State shall cooperate with law enforcement
agencies in using their facilities and personnel to detect and prevent
violations
of this Article.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26.5-3) Sec. 26.5-3. Harassment through electronic communications. (a) A person commits harassment through electronic
communications when he or she uses electronic
communication for any of the following purposes: (1) Making any comment, request, suggestion or | ||
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(2) Interrupting, with the intent to harass, the | ||
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(3) Transmitting to any person, with the intent to | ||
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(4) Transmitting an electronic communication or | ||
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(5) Threatening injury to the person or to the | ||
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(6) Knowingly permitting any electronic | ||
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(b) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26.5-4) Sec. 26.5-4. Evidence inference. Evidence that a defendant made additional
telephone calls or engaged in additional electronic communications after having
been requested by a named complainant or by a family or household member of the
complainant to stop may be considered as evidence of an intent to harass unless
disproved by evidence to the contrary.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/26.5-5) Sec. 26.5-5. Sentence. (a) Except as provided in
subsection (b), a
person who violates any of the provisions of
Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is guilty of a Class B misdemeanor.
Except as provided
in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article is a Class A
misdemeanor, for which the
court
shall impose a minimum of 14 days in
jail or, if public or
community service is established in the county in which the offender was
convicted, 240 hours of public or community service. (b) In any of the following circumstances, a person who violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article shall be guilty of a Class 4 felony: (1) The person has 3 or more prior violations in the | ||
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(2) The person has previously violated the harassment | ||
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(3) At the time of the offense, the offender was | ||
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(4) In the course of the offense, the offender | ||
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(5) The person has been convicted in the last 10 | ||
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(6) The person violates paragraph (5) of Section | ||
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(7) The person was at least 18 years of age at the | ||
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(c) The court may order any person
convicted under this Article to submit to a psychiatric examination.
(Source: P.A. 101-652, eff. 1-1-23.) |
(720 ILCS 5/Art. 28 heading) ARTICLE 28.
GAMBLING AND RELATED OFFENSES
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(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for | ||
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(2) knowingly makes a wager upon the result of any | ||
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(3) knowingly operates, keeps, owns, uses, purchases, | ||
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(4) contracts to have or give himself or herself or | ||
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(5) knowingly owns or possesses any book, instrument | ||
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(6) knowingly sells pools upon the result of any game | ||
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(7) knowingly sets up or promotes any lottery or | ||
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(8) knowingly sets up or promotes any policy game or | ||
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(9) knowingly drafts, prints or publishes any lottery | ||
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(10) knowingly advertises any lottery or policy game, | ||
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(11) knowingly transmits information as to wagers, | ||
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(12) knowingly establishes, maintains, or operates an | ||
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(b) Participants in any of the following activities shall not be
convicted of gambling:
(1) Agreements to compensate for loss caused by the | ||
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(2) Offers of prizes, award or compensation to the | ||
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(3) Pari-mutuel betting as authorized by the law of | ||
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(4) Manufacture of gambling devices, including the | ||
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(5) The game commonly known as "bingo", when | ||
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(6) Lotteries when conducted by the State of Illinois | ||
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(6.1) The purchase of lottery tickets through the | ||
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(7) Possession of an antique slot machine that is | ||
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(8) Raffles and poker runs when conducted in | ||
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(8.1) The purchase of raffle chances for a raffle | ||
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(9) Charitable games when conducted in accordance | ||
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(10) Pull tabs and jar games when conducted under the | ||
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(11) Gambling games when authorized by the Illinois | ||
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(12) Video gaming terminal games at a licensed | ||
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(13) Games of skill or chance where money or other | ||
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(14) Savings promotion raffles authorized under | ||
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(15) Sports wagering when conducted in accordance | ||
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(c) Sentence.
Gambling is a
Class A misdemeanor. A second or
subsequent conviction under subsections (a)(3) through (a)(12),
is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under
this
Section circumstantial evidence shall have the same validity and weight as
in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
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(720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
Sec. 28-1.1. Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close relationship between
professional gambling and other organized crime, it is declared to be the
policy of the legislature to restrain persons from engaging in the business
of gambling for profit in this State. This Section shall be liberally
construed and administered with a view to carrying out this policy.
(b) A person commits syndicated gambling when he or she operates a "policy
game" or engages in the business of bookmaking.
(c) A person "operates a policy game" when he or she knowingly uses any
premises or property for the purpose of receiving or knowingly does
receive from what is commonly called "policy":
(1) money from a person other than the bettor or | ||
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(2) written "policy game" records, made or used over | ||
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(d) A person engages in bookmaking when he or she knowingly receives or accepts more
than five bets or wagers upon the result of any trials or contests of
skill, speed or power of endurance or upon any lot, chance, casualty,
unknown or contingent event whatsoever, which bets or wagers shall be of
such size that the total of the amounts of money paid or promised to be
paid to the bookmaker on account thereof shall exceed $2,000.
Bookmaking is the receiving or accepting of bets or wagers
regardless of the form or manner in which the bookmaker records them.
(e) Participants in any of the following activities shall not be
convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the | ||
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(2) Offers of prizes, award or compensation to the | ||
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(3) Pari-mutuel betting as authorized by law of this | ||
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(4) Manufacture of gambling devices, including the | ||
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(5) Raffles and poker runs when conducted in | ||
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(6) Gambling games conducted on riverboats, in | ||
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(7) Video gaming terminal games at a licensed | ||
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(8) Savings promotion raffles authorized under | ||
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(f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 101-31, eff. 6-28-19.)
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(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or
other machines or device for the reception of money or other thing of value
on chance or skill or upon the action of which money or other thing of
value is staked, hazarded, bet, won, or lost; or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use in a gambling
place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device | ||
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(2) Vending machines by which full and adequate | ||
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(3) A crane game. For the purposes of this paragraph | ||
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(4) A redemption machine. For the purposes of this | ||
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(A) The outcome of the game is predominantly | ||
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(B) The award of the prize is based solely upon | ||
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(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu | ||
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(E) The redemption value of tickets, tokens, and | ||
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(5) Video gaming terminals at a licensed | ||
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(a-5) "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.
(a-6) "Access" has the meaning ascribed to the term in Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5. (b) A "lottery" is any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prizes, whether such scheme or
procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a person promises
or guarantees by any instrument, bill, certificate, writing, token, or other
device that any particular number, character, ticket, or certificate shall
in the event of any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
Sec. 28-3. Keeping a gambling place. A "gambling place" is any real
estate, vehicle, boat, or any other property whatsoever used for the
purposes of gambling other than gambling conducted in the manner authorized
by the Illinois Gambling Act, the Sports Wagering Act, or the Video Gaming Act. Any person who
knowingly permits any premises
or property owned or occupied by him or under his control to be used as a
gambling place commits a Class A misdemeanor. Each subsequent offense is a
Class 4 felony. When any premises is determined by the circuit court to be
a gambling place:
(a) Such premises is a public nuisance and may be | ||
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(b) All licenses, permits or certificates issued by | ||
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(c) Such premises of any person who knowingly permits | ||
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(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-558, eff. 8-20-21.)
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(720 ILCS 5/28-4) (from Ch. 38, par. 28-4)
Sec. 28-4.
Registration of Federal Gambling Stamps.
(a) Every person who has purchased a Federal Wagering Occupational Tax
Stamp, as required by the United States under the applicable provisions of
the Internal Revenue Code, or a Federal Gaming Device Tax Stamp, as
required by the United States under the applicable provisions of the
Internal Revenue Code, shall register forthwith such stamp or stamps with
the county clerk's office in which he resides and the county clerk's office
of each and every county in which he conducts any business. A violation of
this Section is a Class B misdemeanor. A subsequent violation is a Class A
misdemeanor.
(b) To register a stamp as required by this Section, each individual
stamp purchaser and each member of a firm or association which is a stamp
purchaser and, if such purchaser is corporate, the registered agent of the
purchasing corporation shall deliver the stamp to the county clerk for
inspection and shall under oath or affirmation complete and sign a
registration form which shall state the full name and residence and
business address of each purchaser and of each member of a purchasing firm
or association and of each person employed or engaged in gambling on behalf
of such purchaser, shall state the registered agent and registered address
of a corporate purchaser, shall state each place where gambling is to be
performed by or on behalf of the purchaser, and shall state the duration of
validity of the stamp and the federal registration number and tax return
number thereof. Any false statement in the registration form is material
and is evidence of perjury.
(c) Within 3 days after such registration the county clerk shall by
registered mail forward notice of such registration and a duplicate copy of
each registration form to the Attorney General of this State, to the
Chairman of the Illinois Liquor Control Commission, to the State's Attorney
and Sheriff of each county wherein the stamp is registered, and to the
principal official of the department of police of each city, village and
incorporated town in this State wherein the stamp is registered or wherein
the registrant maintains a business address.
(Source: P.A. 77-2638.)
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(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable of lawful use
or every device used unlawfully for gambling shall be considered a
"gambling device", and shall be subject to seizure, confiscation and
destruction by the Illinois State Police or by any municipal, or other
local authority, within whose jurisdiction the same may be found. As used
in this Section, a "gambling device" includes any slot machine, and
includes any machine or device constructed for the reception of money or
other thing of value and so constructed as to return, or to cause someone
to return, on chance to the player thereof money, property or a right to
receive money or property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device shall be
forfeited or destroyed unless an individual with a property interest in
said device knows of the unlawful use of the device.
(b) Every gambling device shall be seized and forfeited to the county
wherein such seizure occurs. Any money or other thing of value integrally
related to acts of gambling shall be seized and forfeited to the county
wherein such seizure occurs.
(c) If, within 60 days after any seizure pursuant to subparagraph
(b) of this Section, a person having any property interest in the seized
property is charged with an offense, the court which renders judgment
upon such charge shall, within 30 days after such judgment, conduct a
forfeiture hearing to determine whether such property was a gambling device
at the time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact, the name
and address of every person determined by the State to have any property
interest in the seized property, a representation that written notice of
the date, time and place of such hearing has been mailed to every such
person by certified mail at least 10 days before such date, and a
request for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required shall
be a preponderance of the evidence, and the burden of proof shall be on
the State. If the court determines that the seized property was
a gambling device at the time of seizure, an order of forfeiture and
disposition of the seized property shall be entered: a gambling device
shall be received by the State's Attorney, who shall effect its
destruction, except that valuable parts thereof may be liquidated and
the resultant money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value shall be
received by the State's Attorney and, upon liquidation, shall be
deposited in the general fund of the county wherein such seizure
occurred. However, in the event that a defendant raises the defense
that the seized slot machine is an antique slot machine described in
subparagraph (b) (7) of Section 28-1 of this Code and therefore he is
exempt from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise altered until a
final determination is made by the Court as to whether it is such an
antique slot machine. Upon a final determination by the Court of this
question in favor of the defendant, such slot machine shall be
immediately returned to the defendant. Such order of forfeiture and
disposition shall, for the purposes of appeal, be a final order and
judgment in a civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this Section is not
followed by a charge pursuant to subparagraph (c) of this Section, or if
the prosecution of such charge is permanently terminated or indefinitely
discontinued without any judgment of conviction or acquittal (1) the
State's Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and deposit
in the general fund of the county of any seized money or other things of
value, or both, in the circuit court and (2) any person having any
property interest in such seized gambling device, money or other thing
of value may commence separate civil proceedings in the manner provided
by law.
(e) Any gambling device displayed for sale to a riverboat gambling
operation, casino gambling operation, or organization gaming facility or used to train occupational licensees of a riverboat gambling
operation, casino gambling operation, or organization gaming facility as authorized under the Illinois Gambling Act is exempt from
seizure under this Section.
(f) Any gambling equipment, devices, and supplies provided by a licensed
supplier in accordance with the Illinois Gambling Act which are removed
from a riverboat, casino, or organization gaming facility for repair are exempt from seizure under this Section.
(g) The following video gaming terminals are exempt from seizure under this Section: (1) Video gaming terminals for sale to a licensed | ||
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(2) Video gaming terminals used to train licensed | ||
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(3) Video gaming terminals that are removed from a | ||
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(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (i) Any sports lottery terminals provided by a central system provider that are removed from a lottery retailer for repair under the Sports Wagering Act are exempt from seizure under this Section.(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
Sec. 28-7. Gambling contracts void.
(a) All promises, notes, bills, bonds, covenants, contracts, agreements,
judgments, mortgages, or other securities or conveyances made, given,
granted, drawn, or entered into, or executed by any person whatsoever,
where the whole or any part of the consideration thereof is for any
money or thing of value, won or obtained in violation of any Section of
this Article are null and void.
(b) Any obligation void under this Section may be set aside and vacated
by any court of competent jurisdiction, upon a complaint filed for that
purpose, by the person so granting, giving, entering into, or executing the
same, or by his executors or administrators, or by any creditor, heir,
legatee, purchaser or other person interested therein; or if a judgment,
the same may be set aside on motion of any person stated above, on due
notice thereof given.
(c) No assignment of any obligation void under this Section may in any
manner affect the defense of the person giving, granting, drawing, entering
into or executing such obligation, or the remedies of any person interested
therein.
(d) This Section shall not prevent a licensed owner of a riverboat
gambling operation, a casino gambling operation, or an organization gaming licensee under the Illinois Gambling
Act and the Illinois Horse Racing Act of 1975 from instituting a cause of
action to collect any amount due and owing under an extension of credit to a
gambling patron as authorized under Section 11.1 of the Illinois
Gambling Act.
(Source: P.A. 101-31, eff. 6-28-19.)
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(720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
Sec. 28-8. Gambling
losses recoverable.
(a) Any person who by gambling shall lose to any other person, any sum
of money or thing of value, amounting to the sum of $50 or more and shall
pay or deliver the same or any part thereof, may sue for and recover the
money or other thing of value, so lost and paid or delivered, in a civil
action against the winner thereof, with costs, in
the circuit court. No person who accepts from another person for transmission,
and transmits, either in his own name or in the name of such other person,
any order for any transaction to be made upon, or who executes any order
given to him by another person, or who executes any transaction for his own
account on, any regular board of trade or commercial, commodity or stock
exchange, shall, under any circumstances, be deemed a "winner" of any
moneys lost by such other person in or through any such transactions.
(b) If within 6 months, such person who under the terms of Subsection
28-8(a) is entitled to initiate action to recover his losses does not in
fact pursue his remedy, any person may initiate a civil action against the
winner. The court or the jury, as the case may be, shall determine the
amount of the loss. After such determination, the court shall enter a
judgment of triple the amount so determined.
(c) Gambling losses as a result of gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this Section. (Source: P.A. 98-31, eff. 6-24-13.)
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(720 ILCS 5/28-9) (from Ch. 38, par. 28-9)
Sec. 28-9.
At the option of the prosecuting attorney any prosecution under this
Article may be commenced by an information as defined in Section 102-12 of
the Code of Criminal Procedure of 1963.
(Source: P.A. 76-1131.)
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(720 ILCS 5/Art. 29 heading) ARTICLE 29.
BRIBERY IN CONTESTS
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(720 ILCS 5/29-1) (from Ch. 38, par. 29-1)
Sec. 29-1.
Offering
a bribe.
(a) Any person who, with intent to influence any person participating in,
officiating or connected with any professional or amateur athletic contest,
sporting event or exhibition, gives, offers or promises any money, bribe or
other thing of value or advantage to induce such participant, official or
other person not to use his best efforts in connection with such contest,
event or exhibition commits a Class 4 felony.
(b) Any person who, with the intent to influence the decision of any
individual, offers or promises any money, bribe or other thing of value or
advantage to induce such individual to attend, refrain from attending or
continue to attend a particular public or private institution of secondary
education or higher education for the purpose of participating or not
participating in interscholastic athletic competition for such
institution commits a Class A misdemeanor. This Section does not apply to the:
(1) offering or awarding
to an individual any type of scholarship, grant or other bona fide
financial aid or employment; (2) offering of any type of financial
assistance by such individual's family; or (3) offering of any item of
de minimis value by such institution's authorities if such item is of the
nature of an item that is commonly provided to any or all students or
prospective students.
(c) Any person who gives any money, goods or other thing of value to
an individual enrolled in an institution of higher education who
participates in interscholastic competition and represents or attempts to represent such
individual in future negotiations for employment with any professional
sports team commits a Class A misdemeanor.
(Source: P.A. 85-665.)
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(720 ILCS 5/29-2) (from Ch. 38, par. 29-2)
Sec. 29-2.
Accepting a bribe.
Any person participating in, officiating or connected with any
professional or amateur athletic contest, sporting event or exhibition who
accepts or agrees to accept any money, bribe or other thing of value or
advantage with the intent, understanding or agreement that he will not use
his best efforts in connection with such contest, event or exhibition
commits a Class 4 felony.
(Source: P.A. 77-2638.)
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(720 ILCS 5/29-3) (from Ch. 38, par. 29-3)
Sec. 29-3.
Failure
to report offer of bribe.
Any person participating, officiating or connected with any professional
or amateur athletic contest, sporting event or exhibition who fails to
report forthwith to his employer, the promoter of such contest, event or
exhibition, a peace officer, or the local State's Attorney any offer or
promise made to him in violation of Section 29-1 commits a Class A
misdemeanor.
(Source: P.A. 77-2638.)
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(720 ILCS 5/Art. 29A heading) ARTICLE 29A.
COMMERCIAL BRIBERY
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(720 ILCS 5/29A-1) (from Ch. 38, par. 29A-1)
Sec. 29A-1.
A person commits commercial bribery when he confers, or offers or agrees
to confer, any benefit upon any employee, agent or fiduciary without the
consent of the latter's employer or principal, with intent to influence his
conduct in relation to his employer's or principal's affairs.
(Source: P.A. 76-1129.)
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(720 ILCS 5/29A-2) (from Ch. 38, par. 29A-2)
Sec. 29A-2.
An employee, agent or fiduciary commits commercial bribe receiving when,
without consent of his employer or principal, he solicits, accepts or
agrees to accept any benefit from another person upon an agreement or
understanding that such benefit will influence his conduct in relation to
his employer's or principal's affairs.
(Source: P.A. 76-1129.)
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(720 ILCS 5/29A-3) (from Ch. 38, par. 29A-3)
Sec. 29A-3.
Sentence.
(a) If the benefit offered, conferred, or agreed to be conferred,
solicited, accepted or agreed to be accepted is less than $500,000,
commercial bribery or commercial bribe receiving is a Class A misdemeanor and
the sentence shall include, but not be limited to, a fine not to exceed $5,000.
(b) If the benefit offered, conferred, or agreed to be conferred,
solicited, accepted, or agreed to be accepted in violation of this Article is
$500,000 or more, the offender is guilty of a Class 3 felony.
(Source: P.A. 93-496, eff. 1-1-04.)
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(720 ILCS 5/29A-4)
Sec. 29A-4.
Corporate Crime Fund.
(a) In addition to any fines, penalties, and assessments otherwise
authorized under this Code, any person convicted of a violation of this
Article or Section 17-26 or 17-27 of this Code shall be assessed a penalty
of not more than 3 times the value of all
property involved in the criminal activity.
(b) The penalties assessed under subsection (a) shall be deposited into
the Corporate Crime Fund, a special fund hereby created in the State
treasury. Moneys in the Fund shall be used to make restitution to a person
who has suffered property loss as a result of violations of this Article. The
court may determine the reasonable amount, terms, and conditions of the
restitution. In determining the amount and method of payment of restitution,
the court shall take into account all financial resources of the defendant.
(Source: P.A. 93-496, eff. 1-1-04.)
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(720 ILCS 5/Art. 29B heading) ARTICLE 29B.
MONEY LAUNDERING
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(720 ILCS 5/29B-0.5) Sec. 29B-0.5. Definitions. In this Article: "Conduct" or "conducts" includes, in addition to its ordinary
meaning, initiating, concluding, or participating in initiating or concluding
a transaction. "Criminally derived property" means: (1) any property, real or personal, constituting
or
derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law; or (2) any property
represented to be property constituting or derived from proceeds obtained,
directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law. "Director" means the Director of the Illinois State Police or his or her designated agents. "Financial institution" means any bank; savings and loan
association; trust company; agency or branch of a foreign bank in the
United States; currency exchange; credit union; mortgage banking
institution; pawnbroker; loan or finance company; operator of a credit card
system; issuer, redeemer, or cashier of travelers checks, checks, or money
orders; dealer in precious metals, stones, or jewels; broker or dealer in
securities or commodities; investment banker; or investment company. "Financial transaction" means a purchase, sale, loan, pledge, gift,
transfer, delivery, or other disposition utilizing criminally derived property,
and with respect to financial institutions, includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan, extension of credit,
purchase or sale of any stock, bond, certificate of deposit or other monetary
instrument, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a
financial institution.
"Financial
transaction" also
means a transaction which without regard to whether the funds, monetary
instruments, or real or personal property involved in the transaction are
criminally derived, any transaction which in any way or degree: (1) involves
the movement of funds by wire or any other means; (2) involves one or more
monetary instruments; or (3) the transfer of title to any real or personal
property.
The receipt by an attorney of bona fide fees for the purpose
of legal representation is not a financial transaction for purposes of this
Article. "Form 4-64" means the Illinois State Police Notice/Inventory of Seized Property (Form 4-64). "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law. "Monetary instrument" means United States coins and currency;
coins and currency of a foreign country; travelers checks; personal checks,
bank checks, and money orders; investment securities; bearer
negotiable instruments; bearer investment securities; or bearer securities
and certificates of stock in a form that title passes upon
delivery. "Specified criminal activity" means any violation of Section 29D-15.1 and any violation of Article 29D of this Code. "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering. (a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a | ||
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(A) with the intent to promote the carrying on | ||
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(B) where he or she knows or reasonably should | ||
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(i) to conceal or disguise the nature, the | ||
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(ii) to avoid a transaction reporting | ||
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(1.5) when he or she transports, transmits, or | ||
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(A) with the intent to promote the carrying on of | ||
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(B) knowing, or having reason to know, that the | ||
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(i) to conceal or disguise the nature, the | ||
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(ii) to avoid a transaction reporting | ||
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(2) when, with the intent to:
(A) promote the carrying on of a specified | ||
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(B) conceal or disguise the nature, location, | ||
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(C) avoid a transaction reporting requirement | ||
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he or she conducts or attempts to conduct a financial | ||
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(b) (Blank).
(c) Sentence.
(1) Laundering of criminally derived property of a | ||
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(2) Laundering of criminally derived property of a | ||
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(3) Laundering of criminally derived property of a | ||
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(4) Money laundering in violation of subsection | ||
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(5) Laundering of criminally derived property of a | ||
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(6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||
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(A) Laundering of property of a value not | ||
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(B) Laundering of property of a value exceeding | ||
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(C) Laundering of property of a value exceeding | ||
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(D) Laundering of property of a value exceeding | ||
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(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)
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(720 ILCS 5/29B-2) Sec. 29B-2. Evidence in money laundering prosecutions. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity: (1) a financial transaction was conducted or | ||
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(2) a financial transaction was conducted or | ||
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(3) a falsely altered or completed written instrument | ||
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(4) a financial transaction was structured or | ||
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(5) a money transmitter, a person engaged in a trade | ||
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(6) the criminally derived property is transported or | ||
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(7) a person pays or receives substantially less than | ||
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(8) a person engages in a transaction involving one | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-3) Sec. 29B-3. Duty to enforce this Article. (a) It is the duty of the Illinois State Police, and its agents, officers, and investigators, to enforce this Article, except those provisions otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, or of any state, relating to money laundering. Only an agent, officer, or investigator designated by the Director may be authorized in accordance with this Section to serve seizure notices, warrants, subpoenas, and summonses under the authority of this State. (b) An agent, officer, investigator, or peace officer designated by the Director may: (1) make seizure of property under this Article; and (2) perform other law enforcement duties as the Director designates. It is the duty of all State's Attorneys to prosecute violations of this Article and institute legal proceedings as authorized under this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-4) Sec. 29B-4. Protective orders and warrants for forfeiture purposes. (a) Upon application of the State, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in Section 29B-5 of this Article for forfeiture under this Article: (1) upon the filing of an indictment, information, or | ||
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(2) prior to the filing of the indictment, | ||
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(A) there is probable cause to believe that the | ||
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(B) the need to preserve the availability of the | ||
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Provided, however, that an order entered under | ||
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(b) A temporary restraining order under this subsection (b) may be entered upon application of the State without notice or opportunity for a hearing when an indictment, information, complaint, or administrative notice has not yet been filed with respect to the property, if the State demonstrates that there is probable cause to believe that the property with respect to which the order is sought would be subject to forfeiture under this Article and that provision of notice will jeopardize the availability of the property for forfeiture. The temporary order shall expire not more than 30 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this subsection (b) shall be held at the earliest possible time and prior to the expiration of the temporary order. (c) The court may receive and consider, at a hearing held under this Section, evidence and information that would be inadmissible under the Illinois rules of evidence. (d) Under its authority to enter a pretrial restraining order under this Section, the court may order a defendant to repatriate any property that may be seized and forfeited and to deposit that property pending trial with the Illinois State Police or another law enforcement agency designated by the Illinois State Police. Failure to comply with an order under this Section is punishable as a civil or criminal contempt of court. (e) The State may request the issuance of a warrant authorizing the seizure of property described in Section 29B-5 of this Article in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would be subject to forfeiture, the court shall issue a warrant authorizing the seizure of that property.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-5) Sec. 29B-5. Property subject to forfeiture. The following are subject to forfeiture: (1) any property, real or personal, constituting, | ||
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(2) any of the person's property used, or intended to | ||
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(3) all conveyances, including aircraft, vehicles, or | ||
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(A) no conveyance used by any person as a common | ||
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(B) no conveyance is subject to forfeiture under | ||
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(C) a forfeiture of a conveyance encumbered by a | ||
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(4) all real property, including any right, title, | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-6) Sec. 29B-6. Seizure. (a) Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made: (1) if the seizure is incident to a seizure warrant; (2) if the property subject to seizure has been the | ||
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(3) if there is probable cause to believe that the | ||
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(4) if there is probable cause to believe that the | ||
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(5) in accordance with the Code of Criminal Procedure | ||
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(b) In the event of seizure under subsection (a) of this Section, forfeiture proceedings shall be instituted in accordance with this Article. (c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-7) Sec. 29B-7. Safekeeping of seized property pending disposition. (a) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director. Upon receiving notice of seizure, the Director may: (1) place the property under seal; (2) remove the property to a place designated by the | ||
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(3) keep the property in the possession of the | ||
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(4) remove the property to a storage area for | ||
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(5) place the property under constructive seizure by | ||
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(6) provide for another agency or custodian, | ||
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(b) When property is forfeited under this Article, the Director or the Director's designee shall sell all the property unless the property is required by law to be destroyed or is harmful to the public and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, under Section 29B-26 of this Article. (Source: P.A. 103-609, eff. 7-1-24.) |
(720 ILCS 5/29B-8) Sec. 29B-8. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, within 60 days after seizure, notify the State's Attorney for the county, either where an act or omission giving rise to the forfeiture occurred or where the property was seized, of the seizure of the property and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. If the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle. This notice shall be by Form 4-64.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-9) Sec. 29B-9. Preliminary review. (a) Within 28 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may conduct the review under subsection (a) of this Section simultaneously with a proceeding under Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a) of this Section. (e) Upon a finding of probable cause as required under this Section, the circuit court shall order the property subject to the applicable forfeiture Act held until the conclusion of any forfeiture proceeding.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-10) Sec. 29B-10. Notice to owner or interest holder. (a) The first attempted service of notice shall be commenced within 28 days of the latter of filing of the verified claim or the receipt of the notice from the seizing agency by Form 4-64. A complaint for forfeiture or a notice of pending forfeiture shall be served on a claimant if the owner's or interest holder's name and current address are known, then by either: (1) personal service; or (2) mailing a copy of the notice by certified mail, return receipt requested, and first class mail to that address. (b) If no signed return receipt is received by the State's Attorney within 28 days of mailing or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall, within a reasonable period of time, mail a second copy of the notice by certified mail, return receipt requested, and first class mail to that address. If no signed return receipt is received by the State's Attorney within 28 days of the second mailing, or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall have 60 days to attempt to serve the notice by personal service, including substitute service by leaving a copy at the usual place of abode with some person of the family or a person residing there, of the age of 13 years or upwards. If, after 3 attempts at service in this manner, no service of the notice is accomplished, the notice shall be posted in a conspicuous manner at the address and service shall be made by the posting. The attempts at service and the posting, if required, shall be documented by the person attempting service which shall be made part of a return of service returned to the State's Attorney. The State's Attorney may utilize any Sheriff or Deputy Sheriff, a peace officer, a private process server or investigator, or an employee, agent, or investigator of the State's Attorney's Office to attempt service without seeking leave of court. (c) After the procedures listed are followed, service shall be effective on the owner or interest holder on the date of receipt by the State's Attorney of a return receipt, or on the date of receipt of a communication from an owner or interest holder documenting actual notice, whichever is first in time, or on the date of the last act performed by the State's Attorney in attempting personal service. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address. If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. (d) If the owner's or interest holder's address is not known, and is not on record as provided in this Section, service by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred shall suffice for service requirements. (e) Notice to any business entity, corporation, limited liability company, limited liability partnership, or partnership shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. (f) Notice to a person whose address is not within the State shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class
mail to that address. This notice is complete regardless of the return of a signed return receipt. (g) Notice to a person whose address is not within the United States shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. If certified mail is not available in the foreign country where the person has an address, notice shall proceed by publication requirements under subsection (d) of this Section. (h) Notice to a person whom the State's Attorney reasonably should know is incarcerated within this State shall also include mailing a copy of the notice by certified mail, return receipt requested, and first class mail to the address of the detention facility with the inmate's name clearly marked on the envelope. (i) After a claimant files a verified claim with the State's Attorney and provides an address at which the claimant will accept service, the complaint shall be served and notice shall be complete upon the mailing of the complaint to the claimant at the address the claimant provided via certified mail, return receipt requested, and first class mail. No return receipt need be received, or any other attempts at service need be made to comply with service and notice requirements under this Section. This certified mailing, return receipt requested, shall be proof of service of the complaint on the claimant. If notice is to be shown by actual notice from communication with a claimant, then the State's Attorney shall file an affidavit as proof of service, providing details of the communication, which shall be accepted as proof of service by the court. (j) If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded by mailing a copy of the notice by certified mail, return receipt requested, to that address. (k) Notice served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-11) Sec. 29B-11. Replevin prohibited. Property taken or detained under this Article shall not be subject to replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-12) Sec. 29B-12. Non-judicial forfeiture. If non-real property that exceeds $20,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of this Article, the State's Attorney shall institute judicial in rem forfeiture proceedings as described in Section 29B-13 of this Article within 28 days from receipt of notice of seizure from the seizing agency under Section 29B-8 of this Article. However, if non-real property that does not exceed $20,000 in value excluding the value of any conveyance is seized, the following procedure shall be used: (1) If, after review of the facts surrounding the | ||
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(2) The notice of pending forfeiture shall include a | ||
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(3)(A) Any person claiming an interest in property | ||
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(i) the caption of the proceedings as set forth | ||
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(ii) the address at which the claimant will | ||
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(iii) the nature and extent of the claimant's | ||
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(iv) the date, identity of the transferor, and | ||
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(v) the names and addresses of all other persons | ||
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(vi) the specific provision of law relied on in | ||
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(vii) all essential facts supporting each | ||
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(viii) the relief sought. (B) If a claimant files the claim, then the State's | ||
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(4) If no claim is filed within the 28-day period as | ||
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(Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.) |
(720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim under paragraph (3) of Section 29B-12 of this Article, the following judicial in rem procedures shall apply: (1) If, after a review of the facts surrounding the | ||
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(2) A complaint of forfeiture shall include: (A) a description of the property seized; (B) the date and place of seizure of the | ||
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(C) the name and address of the law enforcement | ||
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(D) the specific statutory and factual grounds | ||
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(3) The complaint shall be served upon the person | ||
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"This is a civil court proceeding subject to the Code | ||
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(4) Forfeiture proceedings under this Article shall | ||
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(5) Only an owner of or interest holder in the | ||
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(6) The answer must be signed by the owner or | ||
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(A) the caption of the proceedings as set forth | ||
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(B) the address at which the claimant will accept | ||
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(C) the nature and extent of the claimant's | ||
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(D) the date, identity of transferor, and | ||
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(E) the names and addresses of all other persons | ||
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(F) all essential facts supporting each | ||
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(G) the precise relief sought; and (H) in a forfeiture action involving currency or | ||
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The answer shall follow the rules under the Code of | ||
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(7) The answer shall be filed with the court within | ||
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(8) The hearing shall be held within 60 days after | ||
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(9) At the judicial in rem proceeding, in the State's | ||
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(A) that the property is subject to forfeiture; | ||
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(B) at least one of the following: (i) that the claimant was legally accountable | ||
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(ii) that the claimant knew or reasonably | ||
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(iii) that the claimant knew or reasonably | ||
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(iv) that the claimant held the property for | ||
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(v) that if the claimant acquired the | ||
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(a) the claimant did not acquire it as a | ||
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(b) the claimant acquired the interest | ||
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(vi) that the claimant is not the true owner | ||
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(10) If the State does not meet its burden to show | ||
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(11) A defendant convicted in any criminal proceeding | ||
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(12) On a motion by the parties, the court may stay | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-14) Sec. 29B-14. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific facts that support each assertion: (1) that the claimant filing the motion is the true | ||
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(2) that the claimant was not legally accountable for | ||
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(3) that the claimant did not solicit, conspire, or | ||
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(4) that the claimant did not know or did not have | ||
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(5) that the claimant did not hold the property for | ||
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(b) The claimant's motion shall include specific facts supporting these assertions. (c) Upon this filing, a hearing may only be conducted after the parties have been given the opportunity to conduct limited discovery as to the ownership and control of the property, the claimant's knowledge, or any matter relevant to the issues raised or facts alleged in the claimant's motion. Discovery shall be limited to the People's requests in these areas but may proceed by any means allowed in the Code of Civil Procedure. (1) After discovery is complete and the court has | ||
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(2) At the hearing on the motion, it shall be the | ||
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(3) If a claimant meets his or her burden of proof, | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-15) Sec. 29B-15. Burden and commencement of forfeiture action. (a) Notwithstanding any other provision of this Article, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if: (1) a finding of not guilty is entered as to all | ||
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(2) the State receives an adverse finding at a | ||
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(b) All property declared forfeited under this Article vests in the State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Except as otherwise provided in this Article, title to any property or proceeds subject to forfeiture subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the person to whom the property was transferred makes an appropriate claim and has his or her claim adjudicated at the judicial in rem hearing. (c) A civil action under this Article shall be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-16) Sec. 29B-16. Joint tenancy or tenancy in common. If property is ordered forfeited under this Section from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner's interest in the property according to principles of property law.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-17) Sec. 29B-17. Exception for bona fide purchasers. No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bona fide purchaser for value. A person who purports to effect transfer of property after receiving actual or constructive notice that the property is subject to seizure or forfeiture is guilty of contempt of court and shall be liable to the State for a penalty in the amount of the fair market value of the property.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-18) Sec. 29B-18. Proportionality. Property that is forfeited shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment as interpreted by case law.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-19) Sec. 29B-19. Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-20) Sec. 29B-20. Settlement of claims. Notwithstanding other provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon such terms as are set out in writing in a settlement agreement. All proceeds from a settlement agreement shall be tendered to the Illinois State Police and distributed under Section 29B-26 of this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-21) Sec. 29B-21. Attorney's fees. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly thereto if the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and if the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 102-558, eff. 8-20-21.) |
(720 ILCS 5/29B-22) Sec. 29B-22. Construction. (a) It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law. (b) The changes made to this Article by Public Act 100-512 and Public Act 100-699 are subject to Section 2 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-23) Sec. 29B-23. Judicial review. If property has been declared forfeited under Section 29B-12 of this Article, any person who has an interest in the property declared forfeited may, within 30 days after the effective date of the notice of the declaration of forfeiture, file a claim as described in paragraph (3) of Section 29B-12 of this Article. If a claim is filed under this Section, then the procedures described in Section of 29B-13 of this Article apply.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-24) Sec. 29B-24. Review of administrative decisions. All administrative findings, rulings, final determinations, findings, and conclusions of the State's Attorney's Office under this Article are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision under the provisions of the Administrative Review Law and the rules adopted under that Law. Pending final decision on such review, the administrative acts, orders, and rulings of the State's Attorney's Office remain in full force and effect unless modified or suspended by order of court pending final judicial decision. Pending final decision on such review, the acts, orders, and rulings of the State's Attorney's Office remain in full force and effect, unless stayed by order of court. However, no stay of any decision of the administrative agency shall issue unless the person aggrieved by the decision establishes by a preponderance of the evidence that good cause exists for the stay. In determining good cause, the court shall find that the aggrieved party has established a substantial likelihood of prevailing on the merits and that granting the stay will not have an injurious effect on the general public.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-25) Sec. 29B-25. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exceed 7 days, unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason. (b) The law enforcement agency that holds custody of property is responsible for any damages, storage fees, and related costs applicable to property returned. The claimant shall not be subject to any charges by the State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This Section does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government. (c) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use and the justification shall be retained for a period of not less than 3 years. (d) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in a non-judicial forfeiture action, or a motion with the court in a judicial forfeiture action for the return of any personal property contained within a conveyance that is seized under this Article. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. Any law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if it is returned to an improper party.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-26) Sec. 29B-26. Distribution of proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Article shall be distributed as follows: (1) 65% shall be distributed to the metropolitan | ||
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(2)(i) 12.5% shall be distributed to the Office of | ||
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(ii) 12.5% shall be distributed to the Office of the | ||
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(3) 10% shall be retained by the Illinois State | ||
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Moneys and the sale proceeds distributed to the Illinois State Police under this Article shall be deposited in the Money Laundering Asset Recovery Fund created in the State treasury and shall be used by the Illinois State Police for State law enforcement purposes. All moneys and sale proceeds of property forfeited and seized under this Article and distributed according to this Section may also be used to purchase opioid antagonists as defined in Section 5-23 of the Substance Use Disorder Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-27) Sec. 29B-27. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/Art. 29C heading) ARTICLE 29C.
INTERNATIONAL TERRORISM
(Repealed by P.A. 92-854, eff. 12-5-02)
|
(720 ILCS 5/29C-5)
Sec. 29C-5.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
|
(720 ILCS 5/29C-10)
Sec. 29C-10.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
|
(720 ILCS 5/29C-15)
Sec. 29C-15.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
|
(720 ILCS 5/Art. 29D heading) ARTICLE 29D.
TERRORISM
|
(720 ILCS 5/29D-5)
Sec. 29D-5.
Legislative findings.
The devastating consequences of the
barbaric attacks on the World Trade Center and the Pentagon on September 11,
2001 underscore the compelling need for legislation that is specifically
designed to combat the evils of terrorism.
Terrorism is inconsistent with civilized society and cannot be
tolerated.
A comprehensive State law is urgently needed to complement federal
laws in the fight against terrorism and to better protect all citizens against
terrorist acts. Accordingly, the legislature finds that our laws must be
strengthened to ensure that terrorists, as well as those who solicit or provide
financial and other support to terrorists, are prosecuted and punished in State
courts with appropriate severity. The legislature further finds that due to the
grave nature and global reach of terrorism that a comprehensive law
encompassing State criminal statutes and strong civil remedies is needed.
An investigation may not be initiated or continued for activities
protected by the First Amendment to the United States Constitution, including
expressions of support or the provision of financial support for the nonviolent
political, religious, philosophical, or ideological goals or beliefs of any
person or group.
(Source: P.A. 92-854, eff. 12-5-02.)
|
(720 ILCS 5/29D-10)
Sec. 29D-10. Definitions. As used in this Article, where not
otherwise distinctly expressed or manifestly incompatible with the intent of
this Article:
(a) "Computer network" means a set of related, remotely connected
devices
and
any communications facilities including more than one computer with the
capability to transmit data among them through communication facilities.
(b) "Computer" means a device that accepts, processes, stores,
retrieves,
or
outputs data, and includes, but is not limited to, auxiliary storage and
telecommunications devices.
(c) "Computer program" means a series of coded instruction or statements
in a
form acceptable to a computer which causes the computer to process data and
supply the results of data processing.
(d) "Data" means representations of information, knowledge, facts,
concepts or
instructions, including program documentation, that are prepared in a
formalized manner and are stored or processed in or transmitted by a computer.
Data may be in any form, including but not limited to magnetic or optical
storage
media, punch cards, or data stored internally in the memory of a computer.
(e) "Biological products used in or in connection with agricultural
production" includes, but is not
limited
to,
seeds, plants, and DNA of plants or animals altered for use in crop or
livestock breeding or production or which are sold, intended, designed, or
produced for use
in crop production or livestock breeding or production.
(f) "Agricultural products" means crops and livestock.
(g) "Agricultural production" means the breeding and growing of
livestock
and
crops. (g-5) "Animal feed" means an article
that is intended for use for food for animals other than humans
and that is intended for use as a substantial source of nutrients
in the diet of the animal, and is not limited to a mixture intended to
be the sole ration of the animal. (g-10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act. (g-15) "Processed food" means any food other than a raw agricultural
commodity and includes any raw agricultural commodity that
has been subject to processing, such as canning, cooking, freezing,
dehydration, or milling. (g-20) "Raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored, or otherwise
treated in their unpeeled natural form prior to marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
(g-25) "Endangering the food supply" means to knowingly: (1) bring into this State any domestic animal that | ||
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(2) expose any animal in this State to any contagious | ||
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(3) deliver any poultry that is infected with any | ||
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(4) except as permitted under the Insect Pest and | ||
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(5) expose any raw agricultural commodity, animal | ||
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"Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
(g-30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir
or any water supply of a public utility that may occur inadvertently
as part of the operation of a public utility or electrical generating station.
(h) "Livestock" means animals bred or raised for human consumption.
(i) "Crops" means plants raised for: (1) human consumption, (2) fruits
that
are intended for human consumption, (3) consumption by livestock, and (4)
fruits that are intended for consumption by livestock.
(j) "Communications systems" means any works, property, or material of
any radio, telegraph, telephone, microwave, or cable line, station, or system.
(k) "Substantial damage" means monetary damage greater than $100,000.
(l) "Terrorist act" or "act of terrorism" means: (1) any act that
is intended to cause or create a risk and does cause or create a risk of death
or great bodily harm to one or more persons;
(2) any act that disables or destroys the
usefulness or operation of any communications system; (3) any act or any series
of 2 or more acts committed in furtherance of a single intention, scheme, or
design that disables or destroys the usefulness or operation of
a computer network, computers, computer programs, or data used by any
industry, by any class of business, or by 5 or more businesses or by the
federal government, State government, any unit of local government, a public
utility, a manufacturer of pharmaceuticals, a national defense contractor, or
a manufacturer of chemical or biological products used in or in connection
with agricultural production; (4) any act that disables or causes substantial
damage to or
destruction of any structure or facility used in or used in connection with
ground, air, or water transportation; the production or distribution of
electricity, gas, oil, or other fuel (except for acts that occur inadvertently and as the result of
operation of the facility that produces or distributes electricity,
gas, oil, or other fuel); the treatment of sewage or the treatment
or distribution of water; or controlling the flow of any body of water; (5) any
act that causes substantial damage to or destruction of livestock or to crops
or a series of 2 or more acts committed in furtherance of a single intention,
scheme, or design which, in the aggregate, causes substantial damage to or
destruction of livestock or crops; (6) any act that causes substantial
damage to or destruction of any hospital or any building or facility used by
the federal government, State government, any unit of local government or
by a national defense contractor or by a public utility, a manufacturer of
pharmaceuticals, a manufacturer of chemical or biological products used in or
in connection with agricultural production or the storage or processing of
agricultural products or the preparation of agricultural products for food or
food products intended for resale or for feed for livestock; (7) any act
that causes substantial damage to any building containing 5 or more
businesses of any type or to any building in which 10 or more people reside; (8) endangering the food supply; or (9) endangering the water supply.
(m) "Terrorist" and "terrorist organization" means any person who
engages or is about to engage in a terrorist act with the intent to intimidate
or coerce a significant portion of a civilian population.
(n) "Material support or resources" means currency or other financial
securities, financial services, lodging, training, safe houses, false
documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, any other kind of
physical assets or intangible property, and expert services or expert
assistance.
(o) "Person" has the meaning given in Section 2-15 of this Code
and, in addition to that meaning, includes, without limitation, any charitable
organization, whether incorporated or unincorporated, any professional fund
raiser, professional solicitor, limited liability company, association, joint
stock company, association, trust, trustee, or any group of people formally or
informally affiliated or associated for a common purpose, and any officer,
director, partner, member, or agent of any person.
(p) "Render criminal assistance" means to do any of the following with
the intent to prevent, hinder, or delay the discovery or apprehension of, or
the lodging of a criminal charge against, a person who he or she knows or
believes has committed an offense under this Article or is being sought by law
enforcement officials for the commission of an offense under this Article, or
with the intent to assist a person in profiting or benefiting from the
commission of an offense under this Article:
(1) harbor or conceal the person;
(2) warn the person of impending discovery or | ||
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(3) provide the person with money, transportation, a | ||
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(4) prevent or obstruct, by means of force, | ||
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(5) suppress, by any act of concealment, alteration, | ||
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(6) aid the person to protect or expeditiously profit | ||
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(7) provide expert services or expert assistance to | ||
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(Source: P.A. 96-1028, eff. 1-1-11.)
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(720 ILCS 5/29D-14.9)
(was 720 ILCS 5/29D-30)
Sec. 29D-14.9. Terrorism.
(a) A person commits the offense of terrorism when, with the intent to
intimidate or coerce a significant portion of a civilian population:
(1) he or she knowingly commits a terrorist act as | ||
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(2) he or she, while outside this State, knowingly | ||
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(b) Sentence. Terrorism is a Class X felony. If no deaths are caused by the
terrorist act, the sentence
shall be a term of 20 years to natural life imprisonment;
if the terrorist act caused the death of one or more persons, however, a mandatory term
of natural life imprisonment shall be the sentence if the death
penalty is not imposed and the person has attained the age of 18 years at the time of the commission of the offense. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16.)
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(720 ILCS 5/29D-15)
Sec. 29D-15.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-15.1)
(was 720 ILCS 5/20.5-5)
Sec. 29D-15.1. Causing a catastrophe.
(a) A person commits the offense of causing a catastrophe if he or she
knowingly causes a catastrophe by explosion, fire, flood, collapse of a
building, or release of poison, radioactive material, bacteria, virus, or other
dangerous and difficult to confine force or substance.
(b) As used in this Section, "catastrophe" means serious physical
injury to 5 or more persons, substantial damage to 5 or more buildings or
inhabitable structures, or substantial damage to a vital public facility that
seriously impairs its usefulness or operation; and "vital public facility"
means
a facility that is necessary to ensure or protect the public health, safety, or
welfare, including, but not limited to, a hospital, a law enforcement agency, a fire
department, a private or public utility company, a national defense contractor, a
facility of the armed forces, or an emergency services agency.
(c) Sentence. Causing a catastrophe is a Class X felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-15.2)
(was 720 ILCS 5/20.5-6)
Sec. 29D-15.2. Possession of a deadly substance.
(a) A person commits the offense of possession of a deadly substance when he
or she possesses, manufactures, or transports any poisonous gas,
deadly biological or chemical contaminant or agent, or
radioactive substance either with the intent to use that gas, biological or
chemical contaminant or agent, or radioactive substance to commit a felony
or with the knowledge that another person intends to use that gas, biological
or chemical
contaminant or agent, or radioactive substance to commit a felony.
(b) Sentence. Possession of a deadly substance is a Class 1 felony for
which a person, if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 4 years and not more than 30 years.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-20)
Sec. 29D-20. Making a terrorist threat.
(a) A person is guilty of making a terrorist threat when, with the
intent to intimidate or coerce a significant portion of a civilian population,
he or she in any manner knowingly threatens to commit
or threatens to cause the commission of a terrorist act as defined in
Section 29D-10(1) and thereby causes a
reasonable expectation or fear of the imminent commission of a terrorist act as
defined in Section 29D-10(1) or of another terrorist act as defined in Section
29D-10(1).
(b) It is not a defense to a prosecution under this Section that at the
time the defendant made the terrorist threat, unknown to the defendant, it was
impossible to carry out the threat, nor is it a defense that the threat was not
made to a person who was a subject or intended victim of the threatened act.
(c) Sentence. Making a terrorist threat is a Class X felony.
(d) In addition to any other sentence that may be imposed, the court shall
order any person convicted of making a terrorist threat involving a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96-413, eff. 8-13-09.)
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(720 ILCS 5/29D-25)
Sec. 29D-25. Falsely making a terrorist threat.
(a) A person commits the offense of falsely making a terrorist threat
when in any manner he or she knowingly makes a threat to commit or cause to be
committed a terrorist act as defined in Section 29D-10(1)
or otherwise knowingly creates the impression or belief that a terrorist act is
about to
be or has been committed, or in any manner knowingly makes a threat to commit
or cause to
be committed a catastrophe as defined in Section 29D-15.1 (720 ILCS 5/29D-15.1) of
this Code that he or she knows is false.
(b) Sentence. Falsely making a terrorist threat is a Class 1
felony.
(c) In addition to any other sentence that may be imposed, the court shall
order any person convicted of falsely making a terrorist threat, involving a threat that a bomb or explosive device has been placed in a school in which the offender knows that such bomb or explosive device was not placed in the school, to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96-413, eff. 8-13-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(720 ILCS 5/29D-29.9)
(was 720 ILCS 5/29D-15)
Sec. 29D-29.9. Material support for terrorism. (a) A person commits the offense of soliciting or providing material support for terrorism
if he or she knowingly raises, solicits, collects, or provides material support or
resources knowing that the material support or resources will be used, in
whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for
committing terrorism as defined in Section 29D-14.9 (720 ILCS 5/29D-14.9) or causing a catastrophe as
defined in Section 29D-15.1 (720 ILCS 5/29D-15.1) of
this Code, or who knows and intends that the material support or resources so
raised,
solicited, collected, or provided will be used in the commission of a terrorist act as
defined in Section 29D-10(1) of this Code by an organization designated under
8
U.S.C. 1189, as amended. It is not an element of the offense that the defendant
actually knows that an organization has been designated under 8 U.S.C. 1189, as
amended.
(b) Sentence. Soliciting or providing material support for terrorism is a Class
X felony for which the sentence shall be a term of imprisonment of no less than
9 years and no more than 40 years.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-30)
Sec. 29D-30.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-35)
Sec. 29D-35. Hindering prosecution of terrorism.
(a) A person commits the offense of hindering prosecution of terrorism when
he or she renders criminal assistance to a person who has committed
terrorism as defined in Section 29D-14.9 or caused a catastrophe as defined in
Section 29D-15.1 of this
Code when he or she knows that the person to whom he or she rendered criminal
assistance engaged in an act of terrorism or caused a catastrophe.
(b) Hindering prosecution of terrorism is a Class X felony, the sentence for
which shall be a term of 20 years to natural life imprisonment if no death was
caused by the act of terrorism committed by the person to whom the defendant
rendered criminal assistance and a mandatory term of natural life imprisonment
if death was caused by the act of terrorism committed by the person to whom the
defendant rendered criminal assistance. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16.)
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(720 ILCS 5/29D-35.1) Sec. 29D-35.1. Boarding or attempting to board an aircraft with weapon.
(a) It is unlawful for any person to board or attempt to board any
commercial or charter aircraft, knowingly having in his or her possession any firearm,
explosive of any type, or other lethal or dangerous weapon.
(b) This Section does not apply to any person authorized by either the federal
government or any state government to carry firearms, but the person so
exempted from the provisions of this Section shall notify the commander of any
aircraft he or she is about to board that he or she does possess a firearm and show
identification satisfactory to the aircraft commander that he or she is authorized
to carry that firearm. (c) Any person purchasing a ticket to board any commercial or charter
aircraft shall by that purchase consent to a search of his or her person or
personal belongings by the company selling the ticket to him or her. The person
may refuse to submit to a search of his or her person or personal belongings by
the aircraft company, but the person refusing may be denied the right to
board the commercial or charter aircraft at the discretion of the carrier.
Such a refusal creates no inference of unlawful conduct. (d) Any evidence of criminal activity found during a search made pursuant to
this Section shall be admissible in legal proceedings for the sole purpose of
supporting a charge of violation of this Section and is inadmissible as
evidence in any legal proceeding for any other purpose, except in the prosecution
of offenses related to weapons as set out in Article 24 of this Code. (e) No action may be brought against any commercial or charter airline
company operating in this State for the refusal of that company to permit
a person to board any aircraft if that person refused to be searched as
set out in subsection (c) of this Section. (f) Violation of this Section is a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.) |
(720 ILCS 5/29D-40)
Sec. 29D-40.
Restitution.
In addition to any other penalty that may be
imposed, a court shall sentence any person convicted of any violation of
this Article to pay all expenses incurred by the federal government, State
government, or any unit of local government in responding to any violation
and cleaning up following any violation.
(Source: P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/29D-45)
Sec. 29D-45.
Limitations.
A prosecution for any offense in
this Article may be commenced at any time.
(Source: P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/29D-60)
Sec. 29D-60.
Injunctive relief.
Whenever it appears to the
Attorney General or any State's Attorney that any person is engaged in, or is
about to engage in, any act that constitutes or would constitute a violation
of this Article, the Attorney General or any State's Attorney may initiate a
civil action in the circuit court to enjoin the violation.
(Source: P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/29D-65)
Sec. 29D-65. Forfeiture of property acquired in connection with a violation of this Article; property freeze or seizure. (a) If there is probable cause to believe that a person used, is using, is about to use, or is intending to use property in a way that would violate this Article, then that person's assets may be frozen or seized pursuant to Part 800 of Article 124B of the Code of Criminal Procedure of 1963.
(b)
Any person who commits any offense under this Article is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. Forfeiture under this subsection may be
pursued in addition to or in lieu of proceeding under
Section 124B-805 (property freeze or seizure; ex parte proceeding) of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/29D-70)
Sec. 29D-70.
Severability.
If any clause, sentence, Section,
provision, or part of this Article or the application thereof to any person or
circumstance shall be adjudged to be unconstitutional, the remainder of this
Article or its application to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby.
(Source: P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/Tit. III Pt. E heading) PART E.
OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
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(720 ILCS 5/Art. 30 heading) ARTICLE 30.
TREASON AND RELATED OFFENSES
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(720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
Sec. 30-1. Treason. (a) A person owing allegiance to this
State commits treason when he or she knowingly:
(1) levies war against this State; or
(2) adheres to the enemies of this State, giving them | ||
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(b) No person may be convicted of treason except on the
testimony of 2 witnesses to the same overt act, or on his
confession in open court.
(c) Sentence. Treason is a Class X felony.
(Source: P.A. 103-51, eff. 1-1-24.)
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(720 ILCS 5/30-2) (from Ch. 38, par. 30-2)
Sec. 30-2. Misprision of treason.
(a) A person owing allegiance to this State commits misprision of
treason when he or she knowingly conceals or withholds his or her knowledge that another has
committed treason against this State.
(b) Sentence.
Misprision of treason is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/30-3) (from Ch. 38, par. 30-3)
Sec. 30-3.
Advocating overthrow of Government.
A person who advocates, or with knowledge of its contents knowingly
publishes, sells or distributes any document which advocates or with
knowledge of its purpose, knowingly becomes a member of any organization
which advocates the overthrow or reformation of the existing form of
government of this State by violence or unlawful means commits a Class 3
felony.
(Source: P.A. 77-2638.)
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(720 ILCS 5/Art. 31 heading) ARTICLE 31.
INTERFERENCE WITH PUBLIC OFFICERS
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(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional
institution employee. (a) A person who knowingly: (1) resists arrest, or (2) obstructs the performance by one known to the | ||
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(a-5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional
institution employee to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service.
(a-7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer, firefighter, or correctional
institution employee is guilty of a Class 4
felony.
(b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half-way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised
release, or awaiting a hearing or preliminary hearing on setting the conditions of pretrial release, or who
are
sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person, pipe person, and any
other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person. (d) A person shall not be subject to arrest for resisting arrest under this Section unless there is an underlying offense for which the person was initially subject to arrest.(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
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(720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
Sec. 31-1a. Disarming a peace officer or correctional institution
employee. (a) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31-1,
takes a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 1 felony.
(b) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31-1,
attempts to take a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 2 felony. (Source: P.A. 96-348, eff. 8-12-09.)
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(720 ILCS 5/31-3) (from Ch. 38, par. 31-3)
Sec. 31-3.
Obstructing service of process.
Whoever knowingly resists or obstructs the authorized service or
execution of any civil or criminal process or order of any court commits a
Class B misdemeanor.
(Source: P.A. 77-2638.)
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(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he or she knowingly commits
any of the following acts:
(1) Destroys, alters, conceals or disguises physical | ||
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(2) Induces a witness having knowledge material to | ||
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(3) Possessing knowledge material to the subject at | ||
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(4) If a parent, legal guardian, or caretaker of a | ||
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(b) Sentence.
(1) Obstructing justice is a Class 4 felony, except | ||
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(2) Obstructing justice in furtherance of streetgang | ||
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(Source: P.A. 97-1079, eff. 1-1-13.)
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(720 ILCS 5/31-4.5) Sec. 31-4.5. Obstructing identification. (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the | ||
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(b) Sentence. Obstructing identification is a Class A misdemeanor.
(Source: P.A. 96-335, eff. 1-1-10.) |
(720 ILCS 5/31-5) (from Ch. 38, par. 31-5)
Sec. 31-5. Concealing or aiding a fugitive.
(a) Every person not standing in the relation of husband, wife, parent,
child, brother or sister to the offender, who, with intent to prevent the
apprehension of the offender, conceals his knowledge that an offense has
been committed or harbors, aids or conceals the offender, commits a Class 4
felony. (b) Every person, 18 years of age or older, who, with
intent to prevent the apprehension of the offender, aids or
assists the offender, by some volitional act, in fleeing the
municipality, county, State, country, or other defined
jurisdiction in which the offender is to be arrested, charged,
or prosecuted, commits a Class 4 felony.
(Source: P.A. 97-741, eff. 1-1-13.)
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(720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
Sec. 31-6. Escape; failure to report to a penal institution or to report
for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a
felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody
of an employee of that institution commits a Class 2 felony; however, a person
convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or
to report for periodic imprisonment at any time or knowingly fails to return
from furlough or from work and day release or who knowingly fails to abide
by the terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with the
commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person convicted
of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to
report for periodic imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails to abide by
the terms of home confinement is guilty of a Class B misdemeanor.
(b-1) A person in the custody of the Department of Human Services under the
provisions of the Sexually Violent Persons Commitment Act under a detention order, commitment order, conditional release order, or other court order who intentionally
escapes from any secure residential facility or from a Department employee or any of its agents commits a Class 2 felony.
(c) A person in the lawful custody of a peace officer for the alleged
commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody
commits a Class 2 felony; however, a person in the lawful custody of a
peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who
intentionally escapes from custody commits a Class A misdemeanor.
(c-5) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of probation, conditional discharge, parole, aftercare release,
or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes
from custody is guilty of a Class 2 felony.
(c-6) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of supervision, probation, or conditional
discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is
guilty of a Class A misdemeanor.
(d) A person who violates this Section
while armed with a dangerous weapon commits a Class 1 felony.
(Source: P.A. 98-558, eff. 1-1-14; 98-770, eff. 1-1-15.)
|
(720 ILCS 5/31-7) (from Ch. 38, par. 31-7)
Sec. 31-7. Aiding escape.
(a) Whoever, with intent to aid any prisoner in
escaping from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits a Class A
misdemeanor.
(b) Whoever knowingly aids a person convicted of a felony or charged
with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in escaping from any penal institution or
from the custody of any employee of that institution commits a Class 2
felony; however, whoever knowingly aids a person convicted of a felony
or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in failing to return from furlough
or from work and day release is guilty of a Class 3 felony.
(c) Whoever knowingly aids a person convicted of a misdemeanor or
charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in escaping from any penal
institution or from the custody of an employee of that institution commits
a Class A misdemeanor; however, whoever knowingly aids a person convicted
of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in failing
to return from furlough or from work and day release is guilty of a Class
B misdemeanor.
(d) Whoever knowingly aids a person in escaping from any public
institution, other than a penal institution, in which he is lawfully
detained, or from the custody of an employee of that institution, commits a
Class A misdemeanor.
(e) Whoever knowingly aids a person in the lawful custody of a peace
officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, in escaping from
custody commits a Class 2 felony; however, whoever knowingly aids a
person in the lawful custody of a peace officer for the alleged commission of
a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, in escaping from custody commits a Class A misdemeanor.
(f) An officer or employee of any penal institution who recklessly
permits any prisoner in his custody to escape commits a Class A
misdemeanor.
(f-5) With respect to a person in the lawful custody of a peace
officer for an alleged violation of a term or condition of probation,
conditional discharge, parole, aftercare release, or mandatory supervised release for a felony,
whoever intentionally aids that person to escape from that custody is guilty of
a Class 2 felony.
(f-6) With respect to a person who is in the lawful custody of a peace
officer for an alleged violation of a term or condition of supervision,
probation, or conditional discharge for a misdemeanor, whoever intentionally
aids that person to escape from that custody is guilty of a Class A
misdemeanor.
(g) A person who violates this Section while armed with a dangerous weapon
commits a Class 2 felony.
(Source: P.A. 98-558, eff. 1-1-14.)
|
(720 ILCS 5/31-8) (from Ch. 38, par. 31-8)
Sec. 31-8.
Refusing
to aid an officer.
Whoever upon command refuses or knowingly fails reasonably to aid a
person known by him to be a peace officer in:
(a) Apprehending a person whom the officer is authorized to apprehend;
or
(b) Preventing the commission by another of any offense, commits a petty
offense.
(Source: P.A. 77-2638.)
|
(720 ILCS 5/31-9)
Sec. 31-9. Obstructing an emergency management worker. A person who
knowingly obstructs the performance by one known to the person to be an
emergency management worker of any authorized act within his or her official
capacity commits a Class A misdemeanor.
(Source: P.A. 94-243, eff. 1-1-06.) |
(720 ILCS 5/Art. 31A heading) ARTICLE 31A.
INTERFERENCE WITH PENAL INSTITUTION
|
(720 ILCS 5/31A-0.1) Sec. 31A-0.1. Definitions. For the purposes of this Article: "Deliver" or "delivery" means the actual, constructive or attempted
transfer of possession of an item of contraband, with or without consideration,
whether or not there is an agency relationship. "Employee" means any elected or appointed officer, trustee or
employee of a penal institution or of the governing authority of the penal
institution, or any person who performs services for the penal institution
pursuant to contract with the penal institution or its governing
authority. "Item of contraband" means any of the following: (i) "Alcoholic liquor" as that term is defined in | ||
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(ii) "Cannabis" as that term is defined in subsection | ||
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(iii) "Controlled substance" as that term is defined | ||
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(iii-a) "Methamphetamine" as that term is defined in | ||
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(iv) "Hypodermic syringe" or hypodermic needle, or | ||
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(v) "Weapon" means any knife, dagger, dirk, billy, | ||
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(vi) "Firearm" means any device, by whatever name | ||
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(A) any pneumatic gun, spring gun, or B-B gun | ||
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(B) any device used exclusively for signaling or | ||
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(C) any device used exclusively for the firing of | ||
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(D) any device which is powered by electrical | ||
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(vii) "Firearm ammunition" means any self-contained | ||
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(A) any ammunition exclusively designed for use | ||
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(B) any ammunition designed exclusively for use | ||
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(viii) "Explosive" means, but is not limited to, | ||
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(ix) "Tool to defeat security mechanisms" means, but | ||
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(x) "Cutting tool" means, but is not limited to, | ||
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(xi) "Electronic contraband" for the purposes of | ||
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"Penal institution" means any penitentiary, State farm,
reformatory, prison, jail, house of correction, police detention area,
half-way house or other institution or place for the incarceration or
custody of persons under sentence for offenses awaiting trial or sentence
for offenses, under arrest for an offense, a violation of probation, a
violation of parole, a violation of aftercare release, or a violation of mandatory supervised release, or
awaiting a hearing on the setting of conditions of pretrial release or preliminary hearing; provided that where
the place for incarceration or custody is housed within another public
building this Article shall not apply to that part of the building unrelated
to the incarceration or custody of persons.
(Source: P.A. 101-652, eff. 1-1-23.) |
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) Sec. 31A-1.1. Bringing Contraband into a Penal Institution;
Possessing Contraband in a Penal Institution. (a) A person commits bringing contraband into a penal
institution when he or she knowingly and without authority of any person designated
or authorized to grant this authority (1) brings an item of contraband into
a penal institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give an
inmate access to the contraband. (b) A person commits possessing contraband in a
penal institution when he or she knowingly possesses contraband in a penal institution,
regardless of the intent with which he or she possesses it. (c) (Blank). (d) Sentence. (1) Bringing into or possessing alcoholic liquor in a | ||
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(2) Bringing into or possessing cannabis in a penal | ||
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(3) Bringing into or possessing any amount of a | ||
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(4) Bringing into or possessing any amount of a | ||
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(5) Bringing into or possessing a hypodermic syringe | ||
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(6) Bringing into or possessing a weapon, tool to | ||
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(7) Bringing into or possessing a firearm, firearm | ||
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(e) It shall be an affirmative defense to subsection
(b), that
the possession was specifically authorized by rule, regulation, or
directive of the governing authority of the penal institution or order
issued under it. (f) It shall be an affirmative defense to subsection (a)(1) and
subsection (b) that the person bringing into or possessing
contraband in a penal institution had been arrested, and that person
possessed the contraband at the time of his
or her arrest, and that the contraband was brought into or possessed in the penal
institution by that person as a direct and immediate result of his or her arrest. (g) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law.(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.) |
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) Sec. 31A-1.2. Unauthorized bringing of contraband into a penal institution
by an employee; unauthorized possessing of contraband in a penal institution by
an employee; unauthorized delivery of contraband in a penal institution by an
employee. (a) A person commits unauthorized bringing of contraband into
a penal institution by an employee when a person who is an employee knowingly
and without authority of
any person designated or authorized to grant this
authority: (1) brings or attempts to bring an item of contraband | ||
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(2) causes or permits another to bring an item of | ||
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(b) A person commits unauthorized possession of contraband in
a penal institution by an employee when a person who is an employee knowingly
and without authority of any person designated or authorized to grant this
authority possesses an item of contraband in a penal institution, regardless of the intent with which
he or she possesses it. (c) A person commits unauthorized delivery of contraband
in a penal institution by an employee when a person who is an employee
knowingly and without authority of any person designated or authorized to grant
this authority: (1) delivers or possesses with intent to deliver an | ||
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(2) conspires to deliver or solicits the delivery of | ||
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(3) causes or permits the delivery of an item of | ||
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(4) permits another person to attempt to deliver an | ||
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(d) For a violation of subsection (a) or (b) involving a cellular telephone or cellular telephone battery, the defendant must intend to provide the cellular telephone or cellular telephone battery to any inmate in a penal institution, or to use the cellular telephone or cellular telephone battery at the direction of an inmate or for the benefit of any inmate of a penal institution. (e) Sentence. (1) A violation of paragraphs (a) or (b) of this | ||
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(2) A violation of paragraph (c) of this Section | ||
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(f) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law. (g) For a violation of subsection (a) or (b) involving alcoholic liquor, a weapon, firearm, firearm ammunition, tool to defeat security mechanisms, cutting tool, or electronic contraband, the items shall not be considered to be in a penal institution when they are secured in an employee's locked, private motor vehicle parked on the grounds of a penal institution. (Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; 96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 32 heading) ARTICLE 32.
INTERFERENCE WITH JUDICIAL PROCEDURE
|
(720 ILCS 5/32-1) (from Ch. 38, par. 32-1)
Sec. 32-1. Compounding a crime.
(a) A person commits compounding a crime when he or she knowingly receives or offers to another any
consideration for a promise not to prosecute or aid in the prosecution of
an offender.
(b) Sentence. Compounding a crime is a petty offense.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
Sec. 32-2. Perjury.
(a) A person commits perjury when, under oath or affirmation, in a
proceeding or in any other matter where by law the oath or affirmation is
required, he or she makes a false statement, material to the issue or point in
question, knowing the statement is false.
(b) Proof of Falsity.
An indictment or information for perjury alleging that the offender,
under oath, has knowingly made contradictory statements, material to the issue or
point in question, in the same or in different proceedings, where the oath
or affirmation is required, need not specify which statement is false. At
the trial, the prosecution need not establish which statement is false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same continuous
trial, an admission by the offender in that same continuous trial of the
falsity of a contradictory statement shall bar prosecution therefor under
any provisions of this Code.
(d) A person shall be exempt from prosecution under subsection (a) of
this Section if he or she is a peace officer who uses a false or fictitious name
in the enforcement of the criminal laws,
and this use is approved in writing as provided in Section 10-1 of "The
Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to
the
use of an assumed name in the conduct or transaction of business in this
State", approved
July 17, 1941, as amended, or Section 2605-200 of the Illinois State Police Law. However, this exemption shall not apply to testimony
in judicial proceedings where the identity of the peace officer is material
to the issue, and he or she is ordered by the court to disclose his or her identity.
(e) Sentence.
Perjury is a Class 3 felony.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(720 ILCS 5/32-3) (from Ch. 38, par. 32-3)
Sec. 32-3. Subornation of perjury.
(a) A person commits subornation of perjury when he or she knowingly procures or induces
another to make a statement in violation of Section 32-2 which the person
knows to be false.
(b) Sentence.
Subornation of perjury is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
Sec. 32-4. Communicating with jurors and witnesses.
(a) A person who, with intent to influence any person whom he believes
has been summoned as a juror, regarding any matter which is or may be
brought before such juror, communicates, directly or indirectly, with such
juror otherwise than as authorized by law commits a Class 4 felony.
(b) A person who, with intent to deter any party or witness from
testifying freely, fully and truthfully to any matter pending in any court,
or before a Grand Jury, Administrative agency or any other State or local
governmental unit, forcibly detains such party or witness, or communicates,
directly or indirectly, to such party or witness any knowingly false
information or a threat of injury or damage to the property or person of
any individual or offers or delivers or threatens to withhold money or
another thing of value to
any individual commits a
Class 3 felony.
(c) A person who violates the Juror Protection Act commits a Class 4 felony.
(Source: P.A. 94-186, eff. 1-1-06.)
|
(720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
Sec. 32-4a. Harassment of representatives for the child, jurors,
witnesses and others.
(a) A person who, with intent to harass or annoy one who has served or
is serving or who is a family member of a person who has served or is
serving (1) as a juror because of the verdict returned by the jury in a
pending legal proceeding or the participation of the juror in the verdict or
(2) as a witness, or who may be expected to serve as a witness in a
pending legal proceeding, or who was expected to serve as a witness but who did not serve as a witness because the charges against the defendant were dismissed or because the defendant pleaded guilty to the charges against him or her, because of the testimony
or potential testimony of the witness or person who may be expected or may have been expected to serve as a witness, communicates directly
or indirectly with the juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of a juror
or witness or person who may be expected or may have been expected to serve as a witness in such manner
as to produce mental
anguish or emotional distress or who conveys a threat of injury or damage
to the property or person of any juror, witness or person who may be expected or may have been expected to serve as a witness, or family member
of the juror or witness or person who may be expected or may have been expected to serve as a witness commits a Class 2
felony.
(b) A person who, with intent to harass or annoy one who has served or is
serving or who is a family member of a person who has served or is serving
as a representative for the child, appointed under Section 506 of
the Illinois Marriage and Dissolution of Marriage Act or Section 2-502 of the Code of Civil
Procedure, because of the representative service of that capacity, communicates
directly or indirectly with the representative or a family member of the
representative in such manner as to produce
mental anguish or emotional distress or who conveys a threat of injury or
damage to the property or person of any representative or a family member of
the representative commits a Class A
misdemeanor.
(c) For purposes of this Section, "family member" means a spouse, parent,
child, stepchild or other person related by blood or by present marriage, a
person who has, or allegedly has a child in common, and a person who shares or
allegedly shares a
blood relationship through a child.
(Source: P.A. 93-108, eff. 1-1-04; 93-818, eff. 7-27-04.)
|
(720 ILCS 5/32-4b) (from Ch. 38, par. 32-4b)
Sec. 32-4b. Bribery for excuse from jury duty. (a) A jury commissioner or any other person acting on behalf of
a jury commissioner commits bribery for excuse from jury duty, when he or she knowingly requests, solicits, suggests, or accepts financial
compensation or any other form of consideration in exchange for a promise
to excuse or for excusing any person from jury duty. (b) Sentence. Bribery for excuse from jury duty is a Class 3 felony. In addition to any other penalty provided by law, a jury commissioner
convicted under this Section shall forfeit the performance bond required by
Section 1 of "An Act in relation to jury commissioners and authorizing
judges to appoint such commissioners and to make rules concerning their
powers and duties", approved June 15, 1887, as amended, and shall be
excluded from further service as a jury commissioner.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/32-4c)
Sec. 32-4c. Witnesses; prohibition on accepting payments before judgment
or verdict. (a) A person who, after the commencement of a criminal prosecution, has
been identified in the criminal discovery process
as a person who may be called as a witness in a criminal proceeding shall not
knowingly accept or receive,
directly or indirectly, any payment or benefit in consideration for providing
information obtained as a result of witnessing an event or occurrence or
having
personal knowledge of certain facts in relation to the criminal proceeding.
(b) Sentence. A violation of this Section is a Class B misdemeanor for which the court
may impose a fine not to exceed 3 times the amount of compensation requested,
accepted, or received.
(c) This Section remains applicable until the judgment of the court in the
action if the defendant is tried by the court without a jury
or the rendering of
the
verdict by the jury if the defendant is tried by jury in the action.
(d) This Section does not apply to any of the following circumstances:
(1) Lawful compensation paid to expert witnesses, | ||
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(2) Lawful compensation or benefits provided to an | ||
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(2.5) Lawful compensation or benefits, or both, | ||
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(2.6) Lawful compensation or benefits, or both, | ||
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(3) Lawful compensation paid to a publisher, editor, | ||
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(e) For purposes of this Section, "publishing or media outlet" means a
news gathering organization that sells or distributes news to newspapers,
television, or radio stations, or a cable or broadcast television or radio
network that disseminates news and information.
(f) The person identified as a witness may receive
written notice from counsel for either the prosecution or defense of the fact
that he or she has been identified as a witness
who may be called in
a criminal proceeding and his or her responsibilities and possible
penalties under this Section. This Section shall be applicable only if the
witness received the written
notice referred to in this subsection.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/32-4d)
Sec. 32-4d. Payment of jurors by parties prohibited.
(a) After a verdict has been rendered in a civil or criminal case, a person
who was
a plaintiff or defendant in the case may not knowingly offer or pay an award or other fee
to a juror
who was a member of the jury that rendered the verdict in the case.
(b) After a verdict has been rendered in a civil or criminal case, a member
of the
jury that rendered the verdict may not knowingly accept an award or fee from the
plaintiff or
defendant in that case.
(c) Sentence. A violation of this Section is a Class A misdemeanor.
(d) This Section does not apply to the payment of a fee or award to a
person who was a juror for purposes unrelated to the jury's verdict or to the
outcome of
the case.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/32-4e) Sec. 32-4e. Interfering with the duties of a judicial officer. (a) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to a judicial officer or a member of the judicial officer's immediate family with the intent to: (1) induce such judicial officer to do, or fail to | ||
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(2) induce such judicial officer to commit or aid in | ||
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(b) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to court employees and staff with the intent to interfere with the administration of the judicial process. (c) Sentence. A person who violates this Section commits a Class 2 felony. (d) Definitions. For purposes of this Section: "Judicial officer" means a justice, judge, associate judge, or magistrate of a court of the United States of America or the State of Illinois. "Immediate family" means a judicial officer's spouse or children.
(Source: P.A. 95-1035, eff. 6-1-09.) |
(720 ILCS 5/32-4f) Sec. 32-4f. Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious liens. A person who files or causes to be filed, in any public record or in any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois with knowledge that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, and with the intent of retaliating against that Judge for the performance or non-performance of an official judicial duty, is guilty of a violation of this Section. A person is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 95-1035, eff. 6-1-09.) |
(720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
Sec. 32-5. (Repealed).
(Source: P.A. 97-219, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/32-5.1) (from Ch. 38, par. 32-5.1)
Sec. 32-5.1. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/32-5.1-1)
Sec. 32-5.1-1. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-5.2) (from Ch. 38, par. 32-5.2)
Sec. 32-5.2. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/32-5.2-5) Sec. 32-5.2-5. (Repealed).
(Source: P.A. 94-341, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-5.3)
Sec. 32-5.3.
(Repealed).
(Source: P.A. 88-677, eff. 12-15-94. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/32-5.4) Sec. 32-5.4. (Repealed).
(Source: P.A. 94-323, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-5.4-1)
Sec. 32-5.4-1. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-5.5) Sec. 32-5.5. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-5.6)
Sec. 32-5.6. (Repealed).
(Source: P.A. 94-323, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-5.7)
Sec. 32-5.7. (Repealed).
(Source: P.A. 94-323, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/32-6) (from Ch. 38, par. 32-6)
Sec. 32-6.
Performance of unauthorized acts.
A person who performs any of the following acts, knowing that his
performance is not authorized by law, commits a Class 4 felony:
(a) Conducts a marriage ceremony; or
(b) Acknowledges the execution of any document which by law may be
recorded; or
(c) Becomes a surety for any party in any civil or criminal proceeding,
before any court or public officer authorized to accept such surety.
(Source: P.A. 77-2638)
|
(720 ILCS 5/32-7) (from Ch. 38, par. 32-7)
Sec. 32-7. Simulating legal process.
(a) A person commits simulating legal process when he or she issues or delivers any document which he or she knows falsely
purports to be or simulates any civil or criminal process.
(b) Sentence. Simulating legal process is a Class B
misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
Sec. 32-8. Tampering with public records.
(a) A person commits tampering with public records when he or she knowingly, without lawful authority, and with the intent to defraud any party, public officer or entity, alters, destroys,
defaces, removes or conceals any public record. (b) (Blank). (c) A judge, circuit clerk or clerk of court, public official or employee, court reporter, or other person commits tampering with public records when he or she knowingly, without lawful authority, and with the intent to defraud any party, public officer or entity, alters, destroys, defaces, removes, or conceals any public record received or held by any judge or by a clerk of any court. (c-5) "Public record" expressly includes, but is not limited to, court records, or documents, evidence, or exhibits filed with the clerk of the court and which have become a part of the official court record, pertaining to any civil or criminal proceeding in any court. (d) Sentence. A violation of subsection (a) is a Class 4 felony. A violation of subsection (c) is a Class 3 felony. Any person convicted under subsection (c) who at the time of the violation was responsible for making, keeping, storing, or reporting the record for which the tampering occurred: (1) shall forfeit his or her public office or public | ||
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(2) shall forfeit all retirement, pension, and other | ||
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(3) shall be subject to termination of any | ||
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(4) may be ordered by the court, after a hearing in | ||
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(5) may be ordered by the court, after a hearing in | ||
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For the purposes of this subsection (d), an offense under subsection (c) committed by a person holding public office or public employment shall be rebuttably presumed to relate to or arise out of or in connection with that public office or public employment. (e) Any party litigant who believes a violation of this Section has occurred may seek the restoration of the court record as provided in the Court Records Restoration Act. Any order of the court denying the restoration of the court record may be appealed as any other civil judgment. (f) When the sheriff or local law enforcement agency having jurisdiction declines to investigate, or inadequately investigates, the court or any interested party, shall notify the Illinois State Police of a suspected violation of subsection (a) or (c), who shall have the authority to investigate, and may investigate, the same, without regard to whether the local law enforcement agency has requested the Illinois State Police to do so. (g) If the State's Attorney having jurisdiction declines to prosecute a violation of subsection (a) or (c), the court or interested party shall notify the Attorney General of the refusal. The Attorney General shall, thereafter, have the authority to prosecute, and may prosecute, the violation, without a referral from the State's Attorney. (h) Prosecution of a violation of subsection (c) shall be commenced within 3 years after the act constituting the violation is discovered or reasonably should have been discovered.
(Source: P.A. 102-538, eff. 8-20-21.)
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(720 ILCS 5/32-8.1) Sec. 32-8.1. Tampering with a certification by a public official. (a) A person commits tampering with a certification by a public official when he or she knowingly, without lawful authority, and with the intent to defraud any individual, entity, public officer, or governmental unit, uses a certification or part of a certification by a public official, including but not limited to an apostille, the "great seal of the State of Illinois", or other similar certification, in connection with any document he or she knows or reasonably should know is not the original document for which the public official originally issued the certification. (b) Sentence. Tampering with a certification by a public official is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 98-170, eff. 8-5-13.) |
(720 ILCS 5/32-9) (from Ch. 38, par. 32-9)
Sec. 32-9. Tampering with public notice.
(a) A person commits tampering with public notice when he or she knowingly and without lawful authority alters, destroys,
defaces, removes or conceals any public notice, posted according to law,
during the time for which the notice was to remain posted.
(b) Sentence. Tampering with public notice is a petty offense. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pretrial release.
(a) (Blank).
(a-5) Any person who knowingly violates a condition of pretrial release by possessing a
firearm in violation of his or her conditions of pretrial release commits a Class 4 felony
for a first violation and a Class 3 felony for a second or subsequent violation.
(b) Whoever, having been released pretrial under conditions for appearance before
any court
of this State, while charged with a criminal offense in which the victim is a
family or household member as defined in Article 112A of the Code of Criminal
Procedure of 1963, knowingly violates a condition of that release as set forth
in Section 110-10, subsection (d) of the Code of Criminal Procedure of 1963,
commits a Class A misdemeanor.
(c) Whoever, having been released pretrial for appearance before
any court
of this State for a felony, Class A misdemeanor or a
criminal offense in which the victim is a family
or household member as defined in Article 112A of the Code of Criminal
Procedure of 1963, is charged with any other
felony, Class A misdemeanor,
or a
criminal offense in which the victim is a family or household
member as
defined in Article 112A of the Code of Criminal Procedure of 1963 while on
this
release, must appear before the court and may not be released by law enforcement under 109-1 of the Code of Criminal Procedure of 1963 prior to the court appearance.
(d) Nothing in this Section shall interfere with or
prevent the exercise
by
any court of its power to punish for contempt.
Any sentence imposed for violation of this Section may be served
consecutive to the sentence imposed for the charge for which pretrial release had been
granted and with respect to which the defendant has been convicted.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(720 ILCS 5/32-11)
Sec. 32-11.
Barratry.
If a person
wickedly and willfully excites and stirs up
actions or quarrels between the people of this State with a view to promote
strife and contention, he or she is guilty of the petty
offense of common barratry; and if he or she is an attorney at
law, he or she shall be suspended from the practice of his or her
profession, for any time not exceeding 6 months.
(Source: P.A. 89-234, eff. 1-1-96.)
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(720 ILCS 5/32-12)
Sec. 32-12.
Maintenance.
If a person
officiously intermeddles in an action that in
no way belongs to or concerns that person, by maintaining or
assisting either party, with money or otherwise, to prosecute or defend the
action, with a view to promote litigation, he or she is guilty of maintenance
and upon conviction shall be
fined and punished as in cases of common barratry. It
is not maintenance for a person to maintain the
action of his or her relative or servant, or a poor person out of
charity.
(Source: P.A. 89-234, eff. 1-1-96.)
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(720 ILCS 5/32-13)
Sec. 32-13. Unlawful clouding of title.
(a) Any person who intentionally records or files or causes to be recorded
or filed any document in the office of the recorder or registrar of titles of
any county of this State that is a cloud on the title of land in
this State, knowing that the theory upon which the purported cloud on title is
based is not recognized as a legitimate legal theory by the courts of this
State or of the United States, commits the offense of unlawful clouding of
title.
(b) Unlawful clouding of title is a Class A misdemeanor for a first offense if the cloud on the title has a value that does not exceed $10,000. Unlawful clouding of title is a Class 4 felony if the cloud on the title has a value that exceeds $10,000, or for a second or subsequent offense.
(c) In addition to any other sentence that may be imposed, the court shall
order any person convicted of a violation of this Section, or placed on
supervision for a violation of this Section, to execute a release of the
purported cloud on title as may be requested by or on behalf of any person
whose property is encumbered or potentially encumbered by the document filed.
Irrespective of whether or not a person charged under this Section is convicted
of the offense of unlawful clouding of title, when the evidence demonstrates
that, as a matter of law, the cloud on title is not a type of cloud
recognized or authorized by the courts of this State or the United
States, the court shall forthwith direct the recorder or registrar of titles to
expunge the cloud.
(c-5) This Section does not apply to an attorney licensed to practice law
in this State who in good faith files a lien on behalf of his or her client and
who in good faith believes that the validity of the lien is supported by
statutory law, by a decision of a court of law, or by a good faith argument
for an extension, modification, or
reversal of existing court decisions relating to the validity of the lien.
(d) For purposes of this Section, "cloud on title" or "cloud on the title"
means an outstanding claim or encumbrance that, if valid, would affect or
impair the title of the owner of an estate in land and on its face has that
effect, but can be shown by extrinsic proof to be invalid or inapplicable to
that estate.
(Source: P.A. 98-98, eff. 1-1-14.)
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(720 ILCS 5/32-14) Sec. 32-14. Unlawful manipulation of a judicial sale. (a) A person commits the offense of unlawful manipulation of a judicial sale when he or she knowingly and by any means makes any contract with or engages in any combination or conspiracy with any other person who is, or but for a prior agreement is, a competitor of such person for the purpose of or with the effect of fixing, controlling, limiting, or otherwise manipulating (1) the participation of any person in, or (2) the making of bids, at any judicial sale. (b) Penalties. Unlawful manipulation of a judicial sale is a Class 3 felony. A mandatory fine shall be imposed for a violation, not to exceed $1,000,000 if the violator is a corporation, or, if the violator is any other person, $100,000. A second or subsequent violation is a Class 2 felony. (c) Injunctive and other relief. The State's Attorney shall bring suit in the circuit court to prevent and restrain violations of subsection (a). In such a proceeding, the court shall determine whether a violation has been committed, and shall enter such judgment as it considers necessary to remove the effects of any violation which it finds, and to prevent such violation from continuing or from being renewed in the future. The court, in its discretion, may exercise all powers necessary for this purpose, including, but not limited to, injunction and divestiture of property. (d) Private right of action. Any person who has been injured by a violation of subsection (a) may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation. If, in an action for an injunction, the court issues an injunction, the plaintiff shall be awarded costs and reasonable attorney's fees. In an action for damages, the person injured shall be awarded 3 times the amount of actual damages. This State, counties, municipalities, townships, and any political subdivision organized under the authority of this State, and the United States, are considered a person having standing to bring an action under this subsection.
Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued. In any action for damages under this subsection, the court may, in its discretion, award reasonable fees to the prevailing defendant upon a finding that the plaintiff acted in bad faith, vexatiously, wantonly, or for oppressive reasons. (e) Exclusion from subsequent judicial sales. Any person convicted of a violation of subsection (a) or any similar offense of any state or the United States shall be barred for 5 years from the date of conviction from participating as a bidding entity in any judicial sale. No corporation shall be barred from participating in a judicial sale as a result of a conviction under subsection (a) of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) it demonstrates to the circuit court conducting such judicial sale and the court so finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5-4 of this Code. (f) Definitions. As used in this Section, unless the context otherwise requires: "Judicial sale" means any sale of real or personal property in accordance with a court order, including, but not limited to, judicial sales conducted pursuant to Section 15-1507 of the Code of Civil Procedure, sales ordered to satisfy judgments under Article XII of the Code of Civil Procedure, and enforcements of delinquent property taxes under Article 21 of the Property Tax Code. "Person" means any natural person, or any corporation, partnership, or association of persons.
(Source: P.A. 100-201, eff. 8-18-17.) |
(720 ILCS 5/32-15)
Sec. 32-15. (Repealed).
(Source: P.A. 101-652, eff. 1-1-23. Repealed by P.A. 102-1104, eff. 1-1-23.)
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(720 ILCS 5/Art. 33 heading) ARTICLE 33.
OFFICIAL MISCONDUCT
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(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
Sec. 33-1. Bribery. A person commits bribery when:
(a) With intent to influence the performance of any | ||
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(b) With intent to influence the performance of any | ||
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(c) With intent to cause any person to influence the | ||
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(d) He or she receives, retains or agrees to accept | ||
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(e) He or she solicits, receives, retains, or agrees | ||
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As used in this Section, "tenders" means any delivery or proffer made with the requisite intent. Sentence. Bribery is a Class 2 felony.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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(720 ILCS 5/33-2) (from Ch. 38, par. 33-2)
Sec. 33-2. Failure to report a bribe. Any public officer, public employee
or juror who fails to report
forthwith to the local State's Attorney, or in the case of a State employee
to the Illinois State Police, any offer made
to him in violation
of Section 33-1 commits a Class A misdemeanor.
In the case of a State employee, the making of such report
to the Illinois State Police shall discharge
such employee from
any further duty under this Section. Upon receiving any such report, the
Illinois State Police
shall forthwith transmit a copy thereof to the appropriate State's Attorney.
(Source: P.A. 102-538, eff. 8-20-21.)
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(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official
misconduct. (a) A public officer or employee or special government agent commits misconduct
when, in his official capacity or capacity as a special government agent, he or she commits any of the following acts:
(1) Intentionally or recklessly fails to perform any | ||
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(2) Knowingly performs an act which he knows he is | ||
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(3) With intent to obtain a personal advantage for | ||
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(4) Solicits or knowingly accepts for the performance | ||
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(b) An employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, with the intent to obstruct, impede, or prevent the investigation, apprehension, or prosecution of any criminal offense or person. Nothing in this subsection (b) shall be construed to impose liability for communicating to a confidential resource, who is participating or aiding law enforcement, in an ongoing investigation. (c) A public officer or employee or special government agent
convicted of violating any provision of
this Section forfeits his or her office or employment or position as a special government agent. In addition, he or she commits a
Class
3 felony. (d) For purposes of this Section: "Special government agent" has the meaning ascribed | ||
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(Source: P.A. 101-652, eff. 7-1-21.)
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(720 ILCS 5/33-3.1)
Sec. 33-3.1. Solicitation misconduct (State government).
(a) An employee of an
executive branch constitutional officer commits solicitation misconduct (State
government) when, at any time, he or she knowingly solicits or receives
contributions, as
that
term is defined in Section 9-1.4 of the Election Code, from a person engaged in
a business or activity over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of
an
executive branch constitutional officer" means a full-time or part-time
salaried
employee, full-time or part-time salaried appointee, or any contractual
employee of any office, board,
commission, agency, department, authority, administrative unit, or corporate
outgrowth under the jurisdiction of an executive branch constitutional officer;
and "regulatory authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to the requirements
of any
State or federal statute or regulation relating to the business or activity.
(c) An employee of an executive branch constitutional officer, including one
who does not
have
regulatory authority, commits a violation of this Section if that employee
knowingly acts in concert with an employee of an executive
branch constitutional officer who does
have regulatory authority to solicit or receive contributions in violation of
this Section.
(d) Solicitation misconduct (State government) is a Class A
misdemeanor. An employee of an executive branch constitutional
officer convicted of committing solicitation misconduct (State government)
forfeits his or her employment.
(e) An employee of an executive branch constitutional officer who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (State government) to the Illinois State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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(720 ILCS 5/33-3.2)
Sec. 33-3.2. Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local government commits
solicitation misconduct (local government) when, at any time, he or she
knowingly solicits or
receives contributions, as that term is defined in Section 9-1.4 of the
Election
Code, from a person engaged in a business or activity over which the person has
regulatory authority.
(b) For the purpose of this Section, "chief executive officer of a
local government" means an executive officer of a county, township or municipal
government or any administrative subdivision under jurisdiction of the county,
township, or municipal government including but not limited to: chairman or
president of a county board or commission, mayor or village president, township
supervisor, county executive, municipal manager, assessor, auditor, clerk,
coroner,
recorder, sheriff or State's Attorney; "employee of
a
chief
executive officer of a local government" means a full-time or part-time
salaried employee, full-time or part-time salaried appointee, or any
contractual employee of any office,
board, commission, agency, department, authority, administrative unit, or
corporate outgrowth under the jurisdiction of a chief executive officer of a
local government; and "regulatory authority" means having the
responsibility to investigate, inspect, license, or enforce regulatory measures
necessary to the requirements of any State, local, or federal statute or
regulation
relating to the business or activity.
(c) An employee of a chief executive officer of a local government,
including
one
who does not have regulatory authority, commits a violation of this Section if
that employee knowingly acts in concert with an employee of a chief
executive officer
of a local government who does have regulatory authority to solicit or
receive contributions in violation of this Section.
(d) Solicitation misconduct (local government) is a Class A
misdemeanor. An employee of a
chief executive officer of a local government convicted of committing
solicitation misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local government who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done
by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (local government) to the Illinois State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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(720 ILCS 5/33-4)
Sec. 33-4.
Peace officer or correctional officer; gang-related activity
prohibited.
(a) It is unlawful for a peace officer or correctional officer to
knowingly commit any act in
furtherance of gang-related activities, except when acting in furtherance of an
undercover law enforcement investigation.
(b) In this Section, "gang-related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90-131, eff. 1-1-98.)
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(720 ILCS 5/33-5)
Sec. 33-5.
Preservation of evidence.
(a) It is unlawful for a
law enforcement agency
or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a)
of
Section 116-4 of
the Code of Criminal Procedure of 1963.
(b) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(c) For purposes of this Section, "law enforcement agency" has the meaning
ascribed to it in subsection (e) of Section 116-4 of the Code of Criminal
Procedure of 1963.
(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
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(720 ILCS 5/33-6) Sec. 33-6. Bribery to obtain driving privileges.
(a) A person commits the offense of bribery to obtain driving privileges when: (1) with intent to influence any act related to the | ||
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(2) with intent to cause any person to influence any | ||
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(3) as an employee of the Illinois Secretary of | ||
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(4) as an employee of the Illinois Secretary of | ||
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(b) Sentence.
Bribery to obtain driving privileges is a Class 2 felony.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.) |
(720 ILCS 5/33-7) Sec. 33-7. Public contractor misconduct.
(a) A public contractor; a person seeking a public contract on behalf of himself, herself, or another; an employee of a public
contractor; or a person seeking a public contract on behalf of himself, herself, or another commits public contractor misconduct when, in the performance of, or in connection with, a contract with
the State, a unit of local government, or a school district or in obtaining or seeking to obtain such a contract he or she commits any of
the following acts: (1) intentionally or knowingly makes, uses, or causes | ||
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(2) knowingly performs an act that he or she knows he | ||
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(3) with intent to obtain a personal advantage for | ||
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(4) solicits or knowingly accepts for the performance | ||
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(5) knowingly or intentionally seeks or receives | ||
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(b) Sentence. Any person who violates this Section commits a Class 3 felony. Any person convicted of this offense or a similar offense in any state of the United States which contains the same elements of this offense shall be barred for 10 years from the date of conviction from contracting with, employment by, or holding public office with the State or any unit of local government or school district. No corporation shall be barred as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and (1) it has been finally adjudicated not guilty or (2) it demonstrates to the government entity with which it seeks to contract, and that entity finds, that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or high managerial agent on behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5-4 of this Code. (c) The Attorney General or the State's Attorney in the county where the principal office of the unit of local government or school district is located may bring a civil action on behalf of any unit of State or local government to recover a civil penalty from any person who knowingly engages in conduct which violates subsection (a) of this Section in treble the amount of the monetary cost to the unit of State or local government or school district involved in the violation. The Attorney General or State's Attorney shall be entitled to recover reasonable attorney's fees as part of the costs assessed to the defendant. This subsection (c) shall in no way limit the ability of any unit of State or local government or school district to recover moneys or damages regarding public contracts under any other law or ordinance. A civil action shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the conduct establishing the cause of action occurred or (2) the date on which the unit of State or local government or school district knew or should have known that the conduct establishing the cause of action occurred.
(d) This amendatory Act of the 96th General Assembly shall not be construed to create a private right of action. (Source: P.A. 96-575, eff. 8-18-09.) |
(720 ILCS 5/33-8) Sec. 33-8. Legislative misconduct. (a) A member of the General Assembly commits legislative misconduct when he or she knowingly accepts or receives, directly
or indirectly, any money or other valuable thing, from any corporation,
company or person, for any vote or influence he or she may give or withhold on any
bill, resolution or appropriation, or for any other official act. (b) Sentence. Legislative misconduct is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/33-9) Sec. 33-9. Law enforcement misconduct. (a) A law enforcement officer or a person acting under color of law commits law enforcement misconduct when, in the performance of his or her official duties with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she: (1) knowingly and intentionally misrepresents or | ||
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(2) knowingly and intentionally withholds any | ||
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(3) knowingly and intentionally fails to comply with | ||
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(b) Sentence. Law enforcement misconduct is a Class 3 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
(720 ILCS 5/Tit. III Pt. F heading) PART F.
CERTAIN AGGRAVATED OFFENSES
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(720 ILCS 5/Art. 33A heading) ARTICLE 33A.
ARMED VIOLENCE
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(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1.
Legislative intent and definitions.
(a) Legislative findings. The legislature finds and declares the
following:
(1) The use of a dangerous weapon in the commission | ||
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(2) Further, the use of a firearm greatly facilitates | ||
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(3) Current law does contain offenses involving the | ||
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(b) Legislative intent.
(1) In order to deter the use of firearms in the | ||
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(2) With the additional elements of the discharge of | ||
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(3) It is the intent of the 91st General Assembly | ||
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(c) Definitions.
(1) "Armed with a dangerous weapon". A person is | ||
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(2) A Category I weapon is a handgun, sawed-off | ||
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(3) A Category III weapon is a bludgeon, black-jack, | ||
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(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)
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(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense.
(a) A person commits armed violence when, while armed with
a dangerous weapon, he commits any felony defined by
Illinois Law, except first degree murder, attempted first degree murder,
intentional
homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child,
aggravated battery of
a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(b) A person commits armed violence when he or she personally discharges a
firearm that is a Category I or Category II weapon while committing any felony
defined by
Illinois law, except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide,
predatory criminal sexual assault of a
child, aggravated
battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(c) A person commits armed violence when he or she personally discharges a
firearm that is a Category I or Category II weapon that proximately causes
great bodily harm,
permanent disability, or permanent disfigurement or death to another person
while committing any felony defined by Illinois law, except first degree
murder, attempted first degree murder, intentional homicide of an unborn child,
second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion,
or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(d) This Section does not apply to violations of the Fish and Aquatic Life
Code or the Wildlife Code.
(Source: P.A. 95-688, eff. 10-23-07; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) with a
Category I weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) with a Category II weapon
is a Class X
felony for which the defendant shall be sentenced to a minimum term of
imprisonment of 10 years.
(b) Violation of Section 33A-2(a)
with a Category III weapon is a Class 2 felony or the felony
classification provided for the same act while unarmed, whichever
permits the greater penalty. A second or subsequent violation of
Section 33A-2(a) with a Category III weapon is a Class 1 felony
or the felony classification provided for the same act while unarmed, whichever
permits the greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that is a Category I or
Category II
weapon is a Class X felony for which the defendant shall be sentenced to a
minimum term of imprisonment of 20 years.
(b-10) Violation of Section 33A-2(c) with a firearm that is a Category I or
Category II
weapon is a Class X felony for which the defendant shall be sentenced to a
term of imprisonment of not less than 25 years nor more than 40 years.
(c) Unless sentencing under subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) is applicable, any person who
violates subsection (a) or (b) of Section 33A-2 with a
firearm, when that person has been convicted in any state or federal court
of 3 or more of the following offenses: treason, first degree murder, second
degree murder, predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery resulting in great
bodily harm or permanent disability or disfigurement, a violation of the Methamphetamine Control and Community Protection Act, or a violation of Section
401(a) of the Illinois Controlled Substances Act,
when the third offense was committed after conviction on the second, the second
offense was committed after conviction on the first, and the violation of
Section 33A-2 was committed after conviction on the third, shall be sentenced
to a term of imprisonment of not less than 25 years nor more than 50
years.
(c-5) Except as otherwise provided in paragraph (b-10) or (c) of this
Section, a person who violates Section 33A-2(a) with a firearm that is a
Category I weapon or
Section 33A-2(b) in any school, in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school related
activity, or on the real property comprising any school or public park, and
where
the offense was related to the activities of an organized gang, shall be
sentenced to a term of imprisonment of not less than the term set forth in
subsection (a) or (b-5) of this Section, whichever is applicable, and not more
than 30 years. For the purposes of this subsection (c-5), "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
(d) For armed violence based upon a predicate offense listed in this
subsection (d) the court
shall enter the sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses covered by this
provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery as described in Section 12-4.1 | ||
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(iv) aggravated battery of a senior citizen as | ||
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(v) (blank),
(vi) a violation of subsection (g) of Section 5 of | ||
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(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401 | ||
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(ix) controlled substance trafficking involving a | ||
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(x) calculated criminal drug conspiracy,
(xi) streetgang criminal drug conspiracy, or (xii) a violation of the Methamphetamine Control and | ||
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(Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/Art. 33B heading) ARTICLE 33B.
MANDATORY LIFE SENTENCE
A THIRD OR SUBSEQUENT FORCIBLE OFFENSE
(Repealed)(Source: Repealed by P.A. 95-1052, eff. 7-1-09.)
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(720 ILCS 5/Art. 33C heading) ARTICLE 33C.
DECEPTION
RELATING TO CERTIFICATION
OF DISADVANTAGED BUSINESS ENTERPRISES
(Repealed)(Article repealed by P.A. 96-1551, eff. 7-1-11)
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(720 ILCS 5/Art. 33D heading) ARTICLE 33D.
CONTRIBUTING TO THE
CRIMINAL DELINQUENCY OF A JUVENILE
(Repealed)(Source: P.A. 85-906. Repealed by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/33D-1) (from Ch. 38, par. 33D-1)
(This Section was renumbered as Section 12C-30 by P.A. 97-1109.) Sec. 33D-1.
(Renumbered).
(Source: P.A. 91-337, eff. 1-1-00. Renumbered by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/Art. 33E heading) ARTICLE 33E.
PUBLIC CONTRACTS
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(720 ILCS 5/33E-1) (from Ch. 38, par. 33E-1)
Sec. 33E-1.
Interference with public contracting.
It is
the finding of the General Assembly that the cost to the
public is increased and the quality of goods, services and
construction paid for by public monies is decreased when
contracts for such goods, services or construction are
obtained by any means other than through independent
noncollusive submission of bids or offers by individual
contractors or suppliers, and the evaluation of those bids
or offers by the governmental unit pursuant only to criteria
publicly announced in advance.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
Sec. 33E-2. Definitions. In this Act:
(a) "Public contract" means any
contract for goods, services or construction let to any person with or
without bid by any unit of State or local government.
(b) "Unit of State or local government" means the State, any unit of state
government or agency thereof, any county or municipal government or committee
or agency thereof, or any other entity which is funded by or expends tax
dollars or the proceeds of publicly guaranteed bonds.
(c) "Change order" means a change in a contract term other than as
specifically provided for in the contract which authorizes or necessitates
any increase or decrease in the cost of the contract or the time to completion.
(d) "Person" means any individual, firm, partnership,
corporation, joint venture or other entity, but does not include a unit
of State or local government.
(e) "Person employed by any unit of State or local government" means
any employee of a unit of State or local government and any person defined in
subsection (d) who is authorized by such unit of State or local government
to act on its behalf in relation to any public contract.
(f) "Sheltered market" has the meaning ascribed to it in Section 8b of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; except that, with respect to State contracts set aside for award to service-disabled veteran-owned small businesses and veteran-owned small businesses pursuant to Section 45-57 of the Illinois Procurement Code, "sheltered market" means procurements pursuant to that Section.
(g) "Kickback" means any money, fee, commission, credit, gift, gratuity,
thing of value, or compensation of any kind which is provided, directly or
indirectly, to any prime contractor, prime contractor employee,
subcontractor, or subcontractor employee for the purpose of improperly
obtaining or rewarding favorable treatment in connection with a prime
contract or in connection with a subcontract relating to a prime contract.
(h) "Prime contractor" means any person who has entered into
a public contract.
(i) "Prime contractor employee" means any officer, partner, employee, or
agent of a prime contractor.
(i-5) "Stringing" means knowingly structuring a contract
or job order to avoid the contract or job order being subject to competitive
bidding requirements.
(j) "Subcontract" means a contract or contractual action entered into by
a prime contractor or subcontractor for the purpose of obtaining goods or
services of any kind under a prime contract.
(k) "Subcontractor" (1) means any person, other than the prime
contractor, who offers to furnish or furnishes any goods or services of any
kind under a prime contract or a subcontract entered into in connection
with such prime contract; and (2) includes any person who offers to furnish
or furnishes goods or services to the prime contractor or a higher tier
subcontractor.
(l) "Subcontractor employee" means any officer, partner, employee, or
agent of a subcontractor.
(Source: P.A. 100-391, eff. 8-25-17.)
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(720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3)
Sec. 33E-3.
Bid-rigging.
A person commits the offense of bid-rigging
when he knowingly agrees with any person who is, or but for such agreement
would be, a competitor of such person concerning any bid submitted or not
submitted by such person or another to a unit of State or local government
when with the intent that the bid submitted or not submitted will result in
the award of a contract to such person or another and he either (1)
provides such person or receives from another information concerning the
price or other material term or terms of the bid which would otherwise not
be disclosed to a competitor in an independent noncollusive submission of
bids or (2) submits a bid that is of such a price or other material term or
terms that he does not intend the bid to be accepted.
Bid-rigging is a Class 3 felony. Any person convicted of this offense
or any similar offense of any state or the United States which contains
the same elements as this offense shall be barred for 5 years from the date
of conviction from contracting with any unit of State or local government.
No corporation shall be barred from contracting with any unit of State or
local government as a result of a conviction under this Section of any
employee or agent of such corporation if the employee so convicted is no
longer employed by the corporation and: (1) it has been finally
adjudicated not guilty or (2) if it demonstrates to the governmental
entity with which it seeks to contract and that entity finds that the
commission of the offense was neither authorized, requested, commanded, nor
performed by a director, officer or a high managerial agent in behalf of
the corporation as provided in paragraph (2) of subsection (a) of Section
5-4 of this Code.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-4) (from Ch. 38, par. 33E-4)
Sec. 33E-4.
Bid rotating.
A person commits the offense of bid
rotating when, pursuant to any collusive scheme or agreement with another,
he engages in a pattern over time (which, for the purposes of
this Section, shall include at least 3 contract bids within a period of 10
years, the most recent of which occurs after the effective date of this
amendatory Act of 1988) of submitting sealed bids to units of State or
local government with the intent that the award of such bids rotates, or is
distributed among, persons or business entities which submit bids on a
substantial number of the same contracts. Bid rotating is a Class 2 felony.
Any person convicted of this offense or any similar offense of any state
or the United States which contains the same elements as this offense
shall be permanently barred from contracting with any unit of State or
local government. No corporation shall be barred from contracting with any
unit of State or local government as a result of a conviction under this
Section of any employee or agent of such corporation if the employee so
convicted is no longer employed by the corporation and: (1) it has been
finally adjudicated not guilty or (2) if it demonstrates to the
governmental entity with which it seeks to contract and that entity finds
that the commission of the offense was neither authorized, requested,
commanded, nor performed by a director, officer or a high managerial agent
in behalf of the corporation as provided in paragraph (2) of subsection (a)
of Section 5-4 of this Code.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-5) (from Ch. 38, par. 33E-5)
Sec. 33E-5.
Acquisition or disclosure of bidding information by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly opens a sealed bid at a time or
place other than as specified in the invitation to bid or as otherwise
designated by the State or unit of local government, or outside the
presence of witnesses required by the applicable statute or ordinance,
commits a Class 4 felony.
(b) Any person who is an official of or employed by any unit of State or
local government who knowingly discloses to any interested person any
information related to the terms of a sealed bid whether that information
is acquired through a violation of subsection (a) or by any other means
except as provided by law or necessary to the performance of such
official's or employee's responsibilities relating to the bid, commits
a Class 3 felony.
(c) It shall not constitute a violation of subsection (b) of this
Section for any person who is an official of or employed by any unit of
State or local government to make any disclosure to any interested person
where such disclosure is also made generally available to the public.
(d) This Section only applies to contracts let by sealed bid.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-6) (from Ch. 38, par. 33E-6)
Sec. 33E-6.
Interference with contract submission and award by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly conveys, either directly or indirectly,
outside of the publicly available official invitation to bid, pre-bid
conference, solicitation for contracts procedure or such procedure used
in any sheltered market procurement adopted pursuant to law or ordinance by
that unit of government, to any person any information concerning the
specifications for such contract or the identity of any particular
potential subcontractors, when inclusion of such information concerning the
specifications or contractors in the bid or offer would influence the
likelihood of acceptance of such bid or offer, commits a Class 4 felony.
It shall not constitute a violation of this subsection to convey
information intended to clarify plans or specifications regarding a public
contract where such disclosure of information is also made generally
available to the public.
(b) Any person who is an official of or employed by any unit of State or
local government who, either directly or indirectly, knowingly informs a
bidder or offeror that the bid or offer will be accepted or executed only
if specified individuals are included as subcontractors commits a Class 3
felony.
(c) It shall not constitute a violation of subsection (a) of this
Section where any person who is an official of or employed by any unit of
State or local government follows procedures established (i) by federal,
State or local minority or female owned business enterprise programs or (ii) pursuant to Section 45-57 of the Illinois Procurement Code.
(d) Any bidder or offeror who is the recipient of communications from
the unit of government which he reasonably believes to be proscribed by
subsections (a) or (b), and fails to inform either the Attorney General or
the State's Attorney for the county in which the unit of government is
located, commits a Class A misdemeanor.
(e) Any public official who knowingly awards a contract based on
criteria which were not publicly disseminated via the invitation to bid,
when such invitation to bid is required by law or ordinance, the pre-bid
conference, or any solicitation for contracts procedure or such
procedure used in any sheltered market procurement procedure adopted
pursuant to statute or ordinance, commits a Class 3 felony.
(f) It shall not constitute a violation of subsection (a) for any
person who is an official of or employed by any unit of State or local
government to provide to any person a copy of the transcript or other
summary of any pre-bid conference where such transcript or summary is also
made generally available to the public.
(Source: P.A. 97-260, eff. 8-5-11.)
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(720 ILCS 5/33E-7) (from Ch. 38, par. 33E-7)
Sec. 33E-7.
Kickbacks.
(a) A person violates this Section when he knowingly either:
(1) provides, attempts to provide or offers to provide any kickback;
(2) solicits, accepts or attempts to accept any kickback; or
(3) includes, directly or indirectly, the amount of any kickback
prohibited by paragraphs (1) or (2) of this subsection (a) in the contract
price charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime contractor to any
unit of State or local government for a public contract.
(b) Any person violates this Section when he has received an offer of
a kickback, or has been solicited to make a kickback, and fails to report
it to law enforcement officials, including but not limited to the Attorney
General or the State's Attorney for the county in which the contract is to be performed.
(c) A violation of subsection (a) is a Class 3 felony. A
violation of subsection (b) is a Class 4 felony.
(d) Any unit of State or local government may, in a civil action,
recover a civil penalty from any person who knowingly engages in conduct
which violates paragraph (3) of subsection (a) of this Section in twice the
amount of each kickback involved in the violation. This subsection (d)
shall in no way limit the ability of any unit of State or local government
to recover monies or damages regarding public contracts under any other law
or ordinance. A civil action shall be barred unless
the action is commenced within 6 years after the later of (1) the date on
which the conduct establishing the cause of action occurred or (2) the date
on which the unit of State or local government knew or should have known
that the conduct establishing the cause of action occurred.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-8) (from Ch. 38, par. 33E-8)
Sec. 33E-8.
Bribery of inspector employed by contractor.
(a) A person
commits bribery of an inspector when he offers to any person employed by a
contractor or subcontractor on any public project contracted for by any
unit of State or local government any property or other thing of value
with the intent that such offer is for the purpose of
obtaining wrongful certification or approval of the quality or completion
of any goods or services supplied or performed in the course of work on
such project. Violation of this subsection is a Class 4 felony.
(b) Any person employed by a contractor or subcontractor on any public
project contracted for by any unit of State or local government who accepts any
property or other thing of value knowing that such was intentionally
offered for the purpose of influencing the certification or approval of
the quality or completion of any goods or services supplied or performed
under subcontract to that contractor, and either before or afterwards
issues such wrongful certification, commits a Class 3 felony. Failure to
report such offer to law enforcement officials, including but not limited
to the Attorney General or the State's Attorney for the county in which the
contract is performed, constitutes a Class 4 felony.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
Sec. 33E-9. Change orders. Any change order authorized under this
Section shall be made in writing. Any person employed by and authorized
by any unit of State or local government to approve a change order to any
public contract who knowingly grants that approval without first obtaining
from the unit of State or local government on whose behalf the contract was
signed, or from a designee authorized by that unit of State or local
government, a determination in writing that (1) the circumstances said to
necessitate the change in performance were not reasonably foreseeable at
the time the contract was signed, or (2) the change is germane to the
original contract as signed, or (3) the change order is in the best
interest of the unit of State or local government and authorized by law,
commits a Class 4 felony. The written determination and the written change
order resulting from that determination shall be preserved in the
contract's file which shall be open to the public for inspection. This
Section shall only apply to a change order or series of change orders
which authorize or necessitate an increase or decrease in either the cost
of a public contract by a total of $25,000 or more or the time of
completion by a total of 180 days or more.
(Source: P.A. 102-1119, eff. 1-23-23.)
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(720 ILCS 5/33E-10) (from Ch. 38, par. 33E-10)
Sec. 33E-10.
Rules of evidence.
(a) The certified bid is prima facie
evidence of the bid.
(b) It shall be presumed that in the absence of practices proscribed by this
Article 33E, all persons who submit bids in response to an invitation to
bid by any unit of State or local government submit their bids independent
of all other bidders, without information obtained from the governmental
entity outside the invitation to bid, and in a good faith effort to obtain
the contract.
(Source: P.A. 85-1295.)
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(720 ILCS 5/33E-11) (from Ch. 38, par. 33E-11)
Sec. 33E-11.
(a) Every bid submitted to and public contract executed
pursuant to such bid by the State or a unit of local government shall
contain a certification by the prime contractor that the prime contractor
is not barred from contracting with any unit of State or local government
as a result of a violation of either Section 33E-3 or 33E-4 of this
Article. The State and units of local government shall provide the
appropriate forms for such certification.
(b) A contractor who knowingly makes a false statement, material to the
certification, commits a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/33E-12) (from Ch. 38, par. 33E-12)
Sec. 33E-12.
It shall not constitute a violation of any provisions of
this Article for any person who is an official of or employed by a unit of
State or local government to (1) disclose the name of any person who has
submitted a bid in response to or requested plans or specifications
regarding an invitation to bid or who has been awarded a public contract to
any person or, (2) to convey information concerning acceptable alternatives
or substitute to plans or specifications if such information is also made
generally available to the public and mailed to any person who has
submitted a bid in response to or requested plans or specifications
regarding an invitation to bid on a public contract or, (3) to negotiate
with the lowest responsible bidder a reduction in only the price term of
the bid.
(Source: P.A. 86-150.)
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(720 ILCS 5/33E-13) (from Ch. 38, par. 33E-13)
Sec. 33E-13.
Contract negotiations under the Local Government
Professional Services Selection Act shall not be subject to the provisions
of this Article.
(Source: P.A. 87-855.)
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(720 ILCS 5/33E-14)
Sec. 33E-14. False statements on vendor applications. (a) A person commits false statements on vendor applications when he or she knowingly
makes any false statement or report with the intent to influence in any way
the action of any unit of local government or school district in considering a
vendor
application.
(b) Sentence. False statements on vendor applications is a Class 3 felony. (Source: P.A. 99-78, eff. 7-20-15.)
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(720 ILCS 5/33E-15)
Sec. 33E-15. False entries. (a) An officer, agent, or employee of, or anyone
who is affiliated in any capacity with any unit of local government or school
district
commits false entries when he or she makes a false entry in any book, report, or statement of any
unit of local government or school district with the intent to defraud the unit
of local government or school district.
(b) Sentence. False entries is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/33E-16)
Sec. 33E-16. Misapplication of funds. (a) An officer,
director, agent, or employee of, or affiliated in any capacity with any unit of
local government or school
district commits misapplication of funds when he or she knowingly
misapplies any of the moneys, funds, or credits of the unit of local government
or school district.
(b) Sentence. Misapplication of funds is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
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(720 ILCS 5/33E-17)
Sec. 33E-17.
Unlawful participation.
Whoever, being an officer, director,
agent, or employee of, or affiliated in any capacity with any unit of local
government or school district
participates, shares in, or receiving directly or indirectly any
money, profit, property, or benefit through any contract with the unit of local
government or school
district, with the intent to defraud the unit of local government or school
district
is guilty of a Class 3 felony.
(Source: P.A. 90-800, eff. 1-1-99.)
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(720 ILCS 5/33E-18)
Sec. 33E-18. Unlawful stringing of bids.
(a) A person commits unlawful stringing of bids when he or she, with the intent to evade the bidding requirements of any
unit of local government or school district, knowingly strings or assists in
stringing or attempts to string any contract or job order with the unit of
local government
or school district.
(b) Sentence. Unlawful stringing of bids is a Class 4
felony.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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(720 ILCS 5/Art. 33F heading) ARTICLE 33F.
UNLAWFUL USE OF BODY ARMOR
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(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
Sec. 33F-1.
Definitions.
For purposes of this Article:
(a) "Body Armor" means any one of the following:
(1) A military style flak or tactical assault vest | ||
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(2) Soft body armor which is made of Kevlar or any | ||
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(3) A military style recon/surveillance vest which is | ||
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(4) Protective casual clothing which is made of | ||
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(b) "Dangerous weapon" means a Category I, Category II, or
Category III weapon as
defined in Section 33A-1 of this Code.
(Source: P.A. 91-696, eff. 4-13-00.)
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(720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
Sec. 33F-2. Unlawful use of body armor. A person commits the
offense of unlawful use of body armor when he knowingly wears body armor
and is in possession of a dangerous weapon, other than a firearm, in the commission or attempted
commission of any offense.
(Source: P.A. 93-906, eff. 8-11-04.)
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(720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)
Sec. 33F-3.
Sentence.
A person convicted of unlawful use of body armor
for a first offense shall be guilty of a Class A misdemeanor and for a
second or subsequent offense shall be guilty of a Class 4 felony.
(Source: P.A. 87-521.)
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(720 ILCS 5/Art. 33G heading) ARTICLE 33G. ILLINOIS STREET GANG AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW
(Source: P.A. 97-686, eff. 6-11-12.) |
(720 ILCS 5/33G-1) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-1. Short title. This Article may be cited as the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (or "RICO").
(Source: P.A. 97-686, eff. 6-11-12.) |
(720 ILCS 5/33G-2) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-2. Legislative declaration. The substantial harm inflicted on the people and economy of this State by pervasive violent street gangs and other forms of enterprise criminality, is legitimately a matter of grave concern to the people of this State who have a basic right to be protected from that criminal activity and to be given adequate remedies to redress its harms. Whereas the current laws of this State provide inadequate remedies, procedures and punishments, the Illinois General Assembly hereby gives the supplemental remedies of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law full force and effect under law for the common good of this State and its people.
(Source: P.A. 97-686, eff. 6-11-12.) |
(720 ILCS 5/33G-3) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-3. Definitions. As used in this Article: (a) "Another state" means any State of the United States (other than the State of Illinois), or the District of Columbia, or the Commonwealth of Puerto Rico, or any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof. (b) "Enterprise" includes: (1) any partnership, corporation, association, | ||
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(2) any group of individuals or other legal entities, | ||
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(A) have an ongoing organization or structure, | ||
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(B) the various members of the group must | ||
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(C) have an ascertainable structure distinct from | ||
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As used in this Article, "enterprise" includes licit and illicit enterprises. (c) "Labor organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor that is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. (d) "Operation or management" means directing or carrying out the enterprise's affairs and is limited to any person who knowingly serves as a leader, organizer, operator, manager, director, supervisor, financier, advisor, recruiter, supplier, or enforcer of an enterprise in violation of this Article. (e) "Predicate activity" means any act that is a Class 2 felony or higher and constitutes a violation or violations of any of the following provisions of the laws of the State of Illinois (as amended or revised as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois) or any act under the law of another jurisdiction for an offense that could be charged as a Class 2 felony or higher in this State: (1) under the Criminal Code of 1961 or the Criminal | ||
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(2) under the Cannabis Control Act: Sections 5 | ||
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(3) under the Illinois Controlled Substances Act: | ||
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(4) under the Methamphetamine Control and Community | ||
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(f) "Pattern of predicate activity" means: (1) at least 3 occurrences of predicate activity that | ||
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(2) which occurs after the effective date of this | ||
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(g) "Unlawful death" includes the following offenses: under the Code of 1961 or the Criminal Code of 2012: Sections 9-1 (first degree murder) or 9-2 (second degree murder).
(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/33G-4) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-4. Prohibited activities. (a) It is unlawful for any person, who intentionally participates in the operation or management of an enterprise, directly or indirectly, to: (1) knowingly do so, directly or indirectly, through | ||
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(2) knowingly cause another to violate this Article; | ||
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(3) knowingly conspire to violate this Article. Notwithstanding any other provision of law, in any prosecution for a conspiracy to violate this Article, no person may be convicted of that conspiracy unless an overt act in furtherance of the agreement is alleged and proved to have been committed by him, her, or by a coconspirator, but the commission of the overt act need not itself constitute predicate activity underlying the specific violation of this Article. (b) It is unlawful for any person knowingly to acquire or maintain, directly or indirectly, through a pattern of predicate activity any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. (c) Nothing in this Article shall be construed as to make unlawful any activity which is arguably protected or prohibited by the National Labor Relations Act, the Illinois Educational Labor Relations Act, the Illinois Public Labor Relations Act, or the Railway Labor Act. (d) The following organizations, and any officer or agent of those organizations acting in his or her official capacity as an officer or agent, may not be sued in civil actions under this Article: (1) a labor organization; or (2) any business defined in Division D, E, F, G, H, | ||
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(e) Any person prosecuted under this Article may be convicted and sentenced either: (1) for the offense of conspiring to violate this | ||
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(2) for the offense of violating this Article, and | ||
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(f) The State's Attorney, or a person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article. Prior to any State's Attorney authorizing a criminal prosecution under this Article, the State's Attorney shall adopt rules and procedures governing the investigation and prosecution of any offense enumerated in this Article. These rules and procedures shall set forth guidelines which require that any potential prosecution under this Article be subject to an internal approval process in which it is determined, in a written prosecution memorandum prepared by the State's Attorney's Office, that (1) a prosecution under this Article is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying predicate activity would not, and (2) a prosecution under this Article would provide the basis for an appropriate sentence under all the circumstances of the case in a way that a prosecution only on the underlying predicate activity would not. No State's Attorney, or person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article prior to reviewing the prepared written prosecution memorandum. However, any internal memorandum shall remain protected from disclosure under the attorney-client privilege, and this provision does not create any enforceable right on behalf of any defendant or party, nor does it subject the exercise of prosecutorial discretion to judicial review. (g) A labor organization and any officer or agent of that organization acting in his or her capacity as an officer or agent of the labor organization are exempt from prosecution under this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.) |
(720 ILCS 5/33G-5) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-5. Penalties. Under this Article, notwithstanding any other provision of law: (a) Any violation of subsection (a) of Section 33G-4 of this Article shall be sentenced as a Class X felony with a term of imprisonment of not less than 7 years and not more than 30 years, or the sentence applicable to the underlying predicate activity, whichever is higher, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended proceeds of the violation, if any, whichever is higher. (b) Any violation of subsection (b) of Section 33G-4 of this Article shall be sentenced as a Class X felony, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended proceeds of the violation, if any, whichever is higher. (c) Wherever the unlawful death of any person or persons results as a necessary or natural consequence of any violation of this Article, the sentence imposed on the defendant shall include an enhanced term of imprisonment of at least 25 years up to natural life, in addition to any other penalty imposed by the court, provided: (1) the death or deaths were reasonably foreseeable | ||
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(2) the death or deaths occurred when the defendant | ||
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(d) A sentence of probation, periodic imprisonment, conditional discharge, impact incarceration or county impact incarceration, court supervision, withheld adjudication, or any pretrial diversionary sentence or suspended sentence, is not authorized for a violation of this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.) |
(720 ILCS 5/33G-6) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-6. Remedial proceedings, procedures, and forfeiture. (a) Under this Article, the circuit court shall have jurisdiction to prevent and restrain violations of this Article by issuing appropriate orders, including: (1) ordering any person to disgorge illicit proceeds | ||
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(2) imposing reasonable restrictions on the future | ||
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(3) ordering dissolution or reorganization of any | ||
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(b) Any violation of this Article is subject to the remedies, procedures, and forfeiture as set forth in Article 29B of this Code. (c) Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 101-81, eff. 7-12-19.) |
(720 ILCS 5/33G-7) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-7. Construction. In interpreting the provisions of this Article, the court shall construe them in light of the applicable model jury instructions set forth in the Federal Criminal Jury Instructions for the Seventh Circuit (1999) for Title IX of Public Law 91-452, 84 Stat. 922 (as amended in Title 18, United States Code, Sections 1961 through 1968), except to the extent that they are inconsistent with the plain language of this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.) |
(720 ILCS 5/33G-8) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-8. Limitations. Under this Article, notwithstanding any other provision of law, but otherwise subject to the periods of exclusion from limitation as provided in Section 3-7 of this Code, the following limitations apply: (a) Any action, proceeding, or prosecution brought under this Article must commence within 5 years of one of the following dates, whichever is latest: (1) the date of the commission of the last occurrence | ||
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(2) in the case of an action, proceeding, or | ||
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(3) the date any minor victim of the violation | ||
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(b) Any action, proceeding, or prosecution brought under this Article may be commenced at any time against all defendants if the conduct of any defendant, or any part of the overall violation, resulted in the unlawful death of any person or persons.
(Source: P.A. 97-686, eff. 6-11-12.) |
(720 ILCS 5/33G-9) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-9. Repeal. This Article is repealed on June 1, 2025.
(Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23.) |
(720 ILCS 5/Tit. IV heading) TITLE IV.
CONSTRUCTION, EFFECTIVE DATE AND REPEAL
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(720 ILCS 5/Art. 34 heading) ARTICLE 34.
CONSTRUCTION AND EFFECTIVE DATE
|
(720 ILCS 5/34-1) (from Ch. 38, par. 34-1)
Sec. 34-1.
Effect of headings.
Section, Article, and
Title headings contained herein shall not be deemed
to govern, limit, modify or in any manner affect the scope, meaning, or
intent of the provisions of any Section, Article, or Title hereof.
(Source: P.A. 91-357, eff. 7-29-99.)
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(720 ILCS 5/34-2) (from Ch. 38, par. 34-2)
Sec. 34-2.
Partial
invalidity.
The invalidity of any provision of this Code shall not affect the
validity of the remainder of this Code.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/34-3) (from Ch. 38, par. 34-3)
Sec. 34-3.
Savings
provisions; continuation of prior Statutes.
The provisions of Sections 2, 3 and 4 of "An Act to revise the law in
relation to the construction of the Statutes", approved March 5, 1874, as
amended, shall apply in all constructions of this Code.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/34-4) (from Ch. 38, par. 34-4)
Sec. 34-4.
Effective date.
This Code shall take effect January 1, 1962.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/Tit. V heading) TITLE V.
ADDED ARTICLES
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(720 ILCS 5/Art. 36 heading) ARTICLE 36.
SEIZURE AND FORFEITURE
OF VESSELS, VEHICLES AND AIRCRAFT
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(720 ILCS 5/36-1) (from Ch. 38, par. 36-1) (Text of Section before amendment by P.A. 103-822) Sec. 36-1. Property subject to forfeiture. (a) Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge and consent of the owner in the commission of or in the attempt to commit as defined in Section 8-4 of this Code: (1) an offense prohibited by Section 9-1 (first | ||
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(2) an offense prohibited by Section 21, 22, 23, 24 | ||
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(3) an offense prohibited by Section 28, 29, or 30 of | ||
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(4) an offense prohibited by Section 44 of the | ||
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(5) an offense prohibited by Section 11-204.1 of the | ||
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(6) an offense prohibited by Section 11-501 of the | ||
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(A) during a period in which his or her driving | ||
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(i) Section 11-501 (driving under the | ||
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(ii) Section 11-501.1 (statutory summary | ||
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(iii) paragraph (b) of Section 11-401 (motor | ||
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(iv) reckless homicide as defined in Section | ||
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(B) has been previously convicted of reckless | ||
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(C) the person committed a violation of driving | ||
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(D) he or she did not possess a valid driver's | ||
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(E) he or she knew or should have known that the | ||
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(7) an offense described in subsection (g) of Section | ||
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(8) an offense described in subsection (e) of Section | ||
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(9)(A) operating a watercraft under the influence of | ||
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(b) In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels or watercraft, vehicles, and aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, or aircraft for purposes of this Article. (c) In addition, when a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection (a) of this Section. (d) If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle. (e) In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.(Source: P.A. 102-982, eff. 7-1-23.) (Text of Section after amendment by P.A. 103-822) Sec. 36-1. Property subject to forfeiture. (a) Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge and consent of the owner in the commission of or in the attempt to commit as defined in Section 8-4 of this Code: (1) an offense prohibited by Section 9-1 (first | ||
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(2) an offense prohibited by Section 21, 22, 23, 24 | ||
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(3) an offense prohibited by Section 28, 29, or 30 of | ||
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(4) an offense prohibited by Section 44 of the | ||
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(5) an offense prohibited by Section 11-204.1 of the | ||
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(6) an offense prohibited by Section 11-501 of the | ||
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(A) during a period in which his or her driving | ||
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(i) Section 11-501 (driving under the | ||
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(ii) Section 11-501.1 (statutory summary | ||
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(iii) paragraph (b) of Section 11-401 (motor | ||
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(iv) reckless homicide as defined in Section | ||
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(B) has been previously convicted of reckless | ||
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(C) the person committed a violation of driving | ||
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(D) he or she did not possess a valid driver's | ||
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(E) he or she knew or should have known that the | ||
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(7) an offense described in subsection (g) of Section | ||
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(8) an offense described in subsection (e) of Section | ||
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(9)(A) operating a watercraft under the influence of | ||
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(b) In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels or watercraft, vehicles, and aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, or aircraft for purposes of this Article. (c) In addition, when a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection (a) of this Section. (d) If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle. (e) In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.(Source: P.A. 102-982, eff. 7-1-23; 103-822, eff. 1-1-25.) |
(720 ILCS 5/36-1.1) Sec. 36-1.1. Seizure. (a) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. (b) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer without process if there is probable cause to believe that the property is subject to forfeiture under Section 36-1 of this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable. (c) If the seized property is a conveyance, an investigation shall be made by the law enforcement agency as to any person whose right, title, interest, or lien is of record in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. (d) After seizure under this Section, notice shall be given to all known interest holders that forfeiture proceedings, including a preliminary review, may be instituted and the proceedings may be instituted under this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/36-1.2) Sec. 36-1.2. Receipt for seized property. If a law enforcement officer seizes property for forfeiture under this Article, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, shall leave the receipt in the place where the property was found, if possible.
(Source: P.A. 100-512, eff. 7-1-18.) |
(720 ILCS 5/36-1.3) Sec. 36-1.3. Safekeeping of seized property pending disposition. (a) Property seized under this Article is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article. (b) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director of the Illinois State Police. Upon receiving notice of seizure, the Director of the Illinois State Police may: (1) place the property under seal; (2) remove the property to a place designated by the | ||
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(3) keep the property in the possession of the | ||
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(4) remove the property to a storage area for | ||
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(5) place the property under constructive seizure by | ||
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(6) provide for another agency or custodian, | ||
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(c) The seizing agency shall exercise ordinary care to protect the subject of the forfeiture from negligent loss, damage, or destruction. (d) Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/36-1.4) Sec. 36-1.4. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, as soon as practicable but not later than 28 days after the seizure, notify the State's Attorney for the county in which an act or omission giving rise to the seizure occurred or in which the property was seized and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. The notice shall be by the delivery of Illinois State Police Notice/Inventory of Seized Property (Form 4-64). If the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/36-1.5) Sec. 36-1.5. Preliminary review. (a) Within 14 days of the seizure, the State's Attorney of the county in which the seizure occurred shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may conduct the review under subsection (a) of this Section simultaneously with a proceeding under Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a) of this Section. (e) Upon making a finding of probable cause as required under this Section, the circuit court shall order the property subject to the provisions of the applicable forfeiture Act held until the conclusion of any forfeiture proceeding. For seizures of conveyances, within 28 days of a finding of probable cause under subsection (a) of this Section, the registered owner or other claimant may file a motion in writing supported by sworn affidavits claiming that denial of the use of the conveyance during the pendency of the forfeiture proceedings creates a substantial hardship and alleges facts showing that the hardship was not due to his or her culpable negligence. The court shall consider the following factors in determining whether a substantial hardship has been proven: (1) the nature of the claimed hardship; (2) the availability of public transportation or | ||
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(3) any available alternatives to alleviate the | ||
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If the court determines that a substantial hardship has been proven, the court shall then balance the nature of the hardship against the State's interest in safeguarding the conveyance. If the court determines that the hardship outweighs the State's interest in safeguarding the conveyance, the court may temporarily release the conveyance to the registered owner or the registered owner's authorized designee, or both, until the conclusion of the forfeiture proceedings or for such shorter period as ordered by the court provided that the person to whom the conveyance is released provides proof of insurance and a valid driver's license and all State and local registrations for operation of the conveyance are current. The court shall place conditions on the conveyance limiting its use to the stated hardship and providing transportation for employment, religious purposes, medical needs, child care, and restricting the conveyance's use to only those individuals authorized to use the conveyance by the registered owner. The use of the vehicle shall be further restricted to exclude all recreational and entertainment purposes. The court may order additional restrictions it deems reasonable and just on its own motion or on motion of the People. The court shall revoke the order releasing the conveyance and order that the conveyance be reseized by law enforcement if the conditions of release are violated or if the conveyance is used in the commission of any offense identified in subsection (a) of Section 6-205 of the Illinois Vehicle Code. If the court orders the release of the conveyance during the pendency of the forfeiture proceedings, the court may order the registered owner or his or her authorized designee to post a cash security with the clerk of the court as ordered by the court. If cash security is ordered, the court shall consider the following factors in determining the amount of the cash security: (A) the full market value of the conveyance; (B) the nature of the hardship; (C) the extent and length of the usage of the | ||
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(D) the ability of the owner or designee to pay; and (E) other conditions as the court deems necessary to | ||
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If the conveyance is released, the court shall order that the registered owner or his or her designee safeguard the conveyance, not remove the conveyance from the jurisdiction, not conceal, destroy, or otherwise dispose of the conveyance, not encumber the conveyance, and not diminish the value of the conveyance in any way. The court shall also make a determination of the full market value of the conveyance prior to it being released based on a source or sources defined in 50 Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B). If the conveyance subject to forfeiture is released under this Section and is subsequently forfeited, the person to whom the conveyance was released shall return the conveyance to the law enforcement agency that seized the conveyance within 7 days from the date of the declaration of forfeiture or order of forfeiture. If the conveyance is not returned within 7 days, the cash security shall be forfeited in the same manner as the conveyance subject to forfeiture. If the cash security was less than the full market value, a judgment shall be entered against the parties to whom the conveyance was released and the registered owner, jointly and severally, for the difference between the full market value and the amount of the cash security. If the conveyance is returned in a condition other than the condition in which it was released, the cash security shall be returned to the surety who posted the security minus the amount of the diminished value, and that amount shall be forfeited in the same manner as the conveyance subject to forfeiture. Additionally, the court may enter an order allowing any law enforcement agency in the State of Illinois to seize the conveyance wherever it may be found in the State to satisfy the judgment if the cash security was less than the full market value of the conveyance.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/36-1a) (from Ch. 38, par. 36-1a)
Sec. 36-1a. (Repealed).
(Source: P.A. 98-699, eff. 1-1-15. Repealed by P.A. 100-512, eff. 7-1-18.)
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(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
Sec. 36-2. Complaint for forfeiture. (a) If the State's Attorney of the county in which such seizure occurs
finds that the alleged violation of law giving rise to the seizure was incurred without willful negligence
or without any intention on the part of the owner of the vessel or watercraft, vehicle,
or aircraft or any person whose right, title, or interest is of record as
described in Section 36-1 of this Article, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the forfeiture, he or she
may cause the law enforcement agency having custody of the property to return the property to the owner within a reasonable time not to exceed 7 days. The State's Attorney
shall exercise his or her discretion under this subsection (a) prior to or promptly after the preliminary review under Section 36-1.5. (b) If, after review of the facts surrounding the seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture and the State's Attorney does not cause the forfeiture to
be remitted under subsection (a) of this Section, he or she shall bring an action for forfeiture in the
circuit court within whose jurisdiction the seizure and confiscation has
taken place by filing a verified complaint for forfeiture in the circuit court within whose jurisdiction the seizure occurred, or within whose jurisdiction an act or omission giving rise to the seizure occurred, subject to Supreme Court Rule 187. The complaint shall be filed as soon as practicable but not later than 28 days after the State's Attorney receives notice from the seizing agency as provided under Section 36-1.4 of this Article. A complaint of forfeiture shall include: (1) a description of the property seized; (2) the date and place of seizure of the property; (3) the name and address of the law enforcement | ||
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(4) the specific statutory and factual grounds for | ||
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The complaint shall be served upon each person whose right, title, or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other department of this State, or any other state of the United States if the vessel or watercraft, vehicle, or aircraft is required to be so registered, as the case may be, the person from whom the property was seized, and all persons known or reasonably believed by the State to claim an interest in the property, as provided in this Article. The complaint shall be accompanied by the following written notice: "This is a civil court proceeding subject to the Code of Civil Procedure. You received this Complaint of Forfeiture because the State's Attorney's office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back." (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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(720 ILCS 5/36-2.1) Sec. 36-2.1. Notice to owner or interest holder.
The first attempted service of notice shall be commenced within 28 days of the receipt of the notice from the seizing agency by Form 4-64. If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. A complaint for forfeiture shall be served upon the property owner or interest holder in the following manner: (1) If the owner's or interest holder's name and | ||
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(A) personal service; or (B) mailing a copy of the notice by certified | ||
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(i) If notice is sent by certified mail and | ||
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(ii) If no signed return receipt is received | ||
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The attempts at service and the posting, if | ||
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The State's Attorney may utilize a Sheriff or | ||
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After the procedures are followed, service shall | ||
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For purposes of notice under this Section, if a | ||
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(2) If the owner's or interest holder's address is | ||
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(3) Notice to any business entity, corporation, | ||
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(4) Notice to a person whose address is not within | ||
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(5) Notice to a person whose address is not within | ||
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(6) Notice to any person whom the State's Attorney | ||
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(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/36-2.2) Sec. 36-2.2. Replevin prohibited; return of personal property inside seized conveyance. (a) Property seized under this Article shall not be subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney. (b) A claimant or a party interested in personal property contained within a seized conveyance may file a motion with the court in a judicial forfeiture action for the return of any personal property contained within a conveyance seized under this Article. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. A law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if the property is returned to an improper party.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/36-2.5) Sec. 36-2.5. Judicial in rem procedures. (a) The laws of evidence relating to civil actions shall apply to judicial in rem proceedings under this Article. (b) Only an owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. A person not named in the forfeiture complaint who claims to have an interest in the property may petition to intervene as a claimant under Section 2-408 of the Code of Civil Procedure. (c) The answer shall be filed with the court within 45 days after service of the civil in rem complaint. (d) The trial shall be held within 60 days after filing of the answer unless continued for good cause. (e) In its case in chief, the State shall show by a preponderance of the evidence that: (1) the property is subject to forfeiture; and (2) at least one of the following: (i) the claimant knew or should have known that | ||
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(ii) the claimant is not the true owner of the | ||
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In any forfeiture case under this Article, a claimant may present evidence to overcome evidence presented by the State that the property is subject to forfeiture. (f) Notwithstanding any other provision of this Section, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if: (1) a finding of not guilty is entered as to all | ||
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(2) the State receives an adverse finding at a | ||
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(g) If the State does not meet its burden of proof, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property in which the State does meet its burden of proof forfeited to the State. If the State does meet its burden of proof, the court shall order all property forfeited to the State. (h) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible. (i) An acquittal or dismissal in a criminal proceeding shall not preclude civil proceedings under this Act; however, for good cause shown, on a motion by either party, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a violation of law authorizing forfeiture under Section 36-1 of this Article. (j) Title to all property declared forfeited under this Act vests in this State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Except as otherwise provided in this Article, any property or proceeds subsequently transferred to any person remain subject to forfeiture unless a person to whom the property was transferred makes an appropriate claim under or has the claim adjudicated at the judicial in rem hearing. (k) No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bona fide purchaser for value. A person who purports to transfer property after receiving actual or constructive notice that the property is subject to seizure or forfeiture is guilty of contempt of court and shall be liable to the State for a penalty in the amount of the fair market value of the property. (l) A civil action under this Article shall be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress. (m) If property is ordered forfeited under this Article from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner's interest in the property according to principles of property law.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/36-2.7) Sec. 36-2.7. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific facts that support each assertion: (1) that the claimant filing the motion is the true | ||
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(2) that the claimant did not know or did not have | ||
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The claimant's motion shall include specific facts that support these assertions. (b) Upon the filing, a hearing may only be conducted after the parties have been given the opportunity to conduct limited discovery as to the ownership and control of the property, the claimant's knowledge, or any matter relevant to the issues raised or facts alleged in the claimant's motion. Discovery shall be limited to the People's requests in these areas but may proceed by any means allowed in the Code of Civil Procedure. (c) After discovery is complete and the court has allowed for sufficient time to review and investigate the discovery responses, the court shall conduct a hearing. At the hearing, the fact that the conveyance is subject to forfeiture shall not be at issue. The court shall only hear evidence relating to the issue of innocent ownership. (d) At the hearing on the motion, the claimant shall bear the burden of proving each of the assertions listed in subsection (a) of this Section by a preponderance of the evidence. If a claimant meets the burden of proof, the court shall grant the motion and order the conveyance returned to the claimant. If the claimant fails to meet the burden of proof, the court shall deny the motion and the forfeiture case shall proceed according to the Code of Civil Procedure.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.) |
(720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
Sec. 36-3. Exemptions from forfeiture.
(a) No vessel or watercraft, vehicle, or aircraft used by any person as a common
carrier in the transaction of business as such common carrier may be
forfeited under the provisions of Section 36-2 unless the State proves by a preponderance of the evidence that (1)
in the case of a railway car or engine, the owner, or (2) in the case of
any other such vessel or watercraft, vehicle or aircraft, the owner or the master of such
vessel or watercraft or the owner or conductor, driver, pilot, or other person in charge
of such vehicle or aircraft was at the time of the alleged illegal act a
consenting party or privy thereto.
(b) No vessel or watercraft, vehicle, or aircraft shall be forfeited under the
provisions of Section 36-2 of this Article by reason of any act or omission committed or omitted by any person other
than such owner while such vessel or watercraft, vehicle, or aircraft was unlawfully in
the possession of a person who acquired possession thereof in violation of
the criminal laws of the United States, or of any state.
(Source: P.A. 100-512, eff. 7-1-18.)
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(720 ILCS 5/36-3.1) Sec. 36-3.1. Proportionality. Property forfeited under this Article shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis, and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment to the United States Constitution, as interpreted by case law.
(Source: P.A. 100-512, eff. 7-1-18.) |
(720 ILCS 5/36-4) (from Ch. 38, par. 36-4)
Sec. 36-4. Remission by Attorney General. Whenever any owner of, or other person interested in, a vessel or watercraft, vehicle,
or aircraft seized under the provisions of this Act files with the Attorney
General before the sale or destruction of such vessel or watercraft, vehicle, or
aircraft, a petition for the remission of such forfeiture the Attorney
General if he finds that such forfeiture was incurred without willful
negligence or without any intention on the part of the owner or any person
whose right, title or interest is of record as described in Section 36-1,
to violate the law, or finds the existence of such mitigating circumstances
as to justify the remission of forfeiture, may cause the same to be
remitted upon such terms and conditions as he deems reasonable and just, or
order discontinuance of any forfeiture proceeding relating thereto.
(Source: P.A. 98-699, eff. 1-1-15.)
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(720 ILCS 5/36-5) Sec. 36-5. (Repealed).
(Source: P.A. 98-1020, eff. 8-22-14. Repealed by P.A. 100-512, eff. 7-1-18.) |
(720 ILCS 5/36-6) Sec. 36-6. Return of property, damages and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall return to the claimant, within a reasonable period of time not to exceed 7 days unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason after the court orders the property to be returned or conveyed to the claimant: (1) property ordered by the court to be conveyed or | ||
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(2) property ordered by the court to be conveyed or | ||
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(b) The law enforcement agency that holds custody of property seized under this Article is responsible for any damages, storage fees, and related costs applicable to property returned to a claimant under this Article. The claimant shall not be subject to any charges by the
State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This subsection does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government.
(Source: P.A. 100-512, eff. 7-1-18.) |
(720 ILCS 5/36-7) Sec. 36-7. Distribution of proceeds; selling or retaining seized property prohibited. (a) Except as otherwise provided in this Section, the court shall order that property forfeited under this Article be delivered to the Illinois State Police within 60 days. (b) The Illinois State Police or its designee shall dispose of all property at public auction and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, under subsection (c) of this Section. (c) All moneys and the sale proceeds of all other property forfeited and seized under this Act shall be distributed as follows: (1) 65% shall be distributed to the drug task force, | ||
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Any local, municipal, or county law enforcement | ||
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(A) the receiving agency has entered into an | ||
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(B) the intergovernmental agreement for police | ||
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(C) the seizure took place within the | ||
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(D) the funds are used only for the enforcement | ||
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(2) 12.5% shall be distributed to the Office of the | ||
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12.5% shall be distributed to the Office of the | ||
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(3) 10% shall be retained by the Illinois State | ||
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(d) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director of the Illinois State Police shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use, and the justification shall be retained for a period of not less than 3 years.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/36-9) Sec. 36-9. Reporting. Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.) |
(720 ILCS 5/Art. 36.5 heading) ARTICLE 36.5. VEHICLE IMPOUNDMENT
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/36-10) Sec. 36-10. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/36.5-5) Sec. 36.5-5. Vehicle impoundment. (a) In addition to any other penalty, fee or forfeiture provided by law, a peace officer who arrests a person for a violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1 of this Code or related municipal ordinance, may tow and impound any vehicle used by the person in the commission of the violation. The person arrested for one or more such violations shall be charged a $1,000 fee, to be paid to the law enforcement agency that made the arrest or its designated representative. The person may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of the fee. (b) $500 of the fee shall be distributed to the law enforcement agency whose peace officers made the arrest, for the costs incurred by the law enforcement agency to investigate and to tow and impound the vehicle. Upon the defendant's conviction of one or more of the violations in connection with which the vehicle was impounded and the fee imposed under this Section, the remaining $500 of the fee shall be deposited into the Specialized Services for Survivors of Human Trafficking Fund and disbursed in accordance with subsections (d), (e), and (f) of Section 5-9-1.21 of the Unified Code of Corrections. (c) Upon the presentation by the defendant of a signed court order showing that the defendant has been acquitted of all of the violations in connection with which a vehicle was impounded and a fee imposed under this Section, or that the charges against the defendant for those violations have been dismissed, the law enforcement agency shall refund the $1,000 fee to the defendant.
(Source: P.A. 97-333, eff. 8-12-11; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1013, eff. 1-1-15.)
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(720 ILCS 5/Art. 37 heading) ARTICLE 37.
PROPERTY FORFEITURE
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(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
Sec. 37-1. Maintaining Public Nuisance. Any building used in the commission of offenses prohibited by Sections
9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or
39A-1, or subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of this Code, or
prohibited by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis
Control Act, or used in the commission of an inchoate offense
relative to any of the aforesaid principal offenses, or any real property
erected, established, maintained, owned, leased, or used by a streetgang for
the purpose of conducting streetgang related activity as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public
nuisance.
(b) Sentence. A person convicted of knowingly maintaining such a public
nuisance commits a Class A misdemeanor. Each subsequent offense under this
Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/37-2) (from Ch. 38, par. 37-2)
Sec. 37-2.
Enforcement of lien upon public nuisance.
Any building, used in the commission of an offense specified in Section
37-1 of this Act with the intentional, knowing, reckless or negligent
permission of the owner thereof, or the agent of the owner managing the
building, shall, together with the underlying real estate, all fixtures and
other property used to commit such an offense, be subject to a lien and may
be sold to pay any unsatisfied judgment that may be recovered and any
unsatisfied fine that may be levied under any Section of this Article and
to pay to any person not maintaining the nuisance his damages as a
consequence of the nuisance; provided, that the lien herein created shall
not affect the rights of any purchaser, mortgagee, judgment creditor or
other lien holder arising prior to the filing of a notice of such lien in
the office of the recorder of the county in which the real estate
subject to the lien is located, or in the office of the registrar of titles
of such county if that real estate is registered under "An Act concerning
land titles" approved May 1, 1897, as amended; which notice shall
definitely describe the real estate and property involved, the nature and
extent of the lien claimed, and the facts upon which the same is based. An
action to enforce such lien may be commenced in any circuit court by the
State's Attorney of the county of the nuisance or by the person suffering
damages or both, except that a person seeking to recover damages must
pursue his remedy within 6 months after the damages are sustained or his
cause of action becomes thereafter exclusively enforceable by the State's
Attorney of the county of the nuisance.
(Source: P.A. 83-358.)
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(720 ILCS 5/37-3) (from Ch. 38, par. 37-3)
Sec. 37-3.
Revocation of licenses, permits and certificates.
All licenses, permits or certificates issued by the State of Illinois or
any subdivision or political agency thereof authorizing the serving of food
or liquor on any premises found to constitute a public nuisance as
described in Section 37-1 shall be void and shall be revoked by the issuing
authority; and no license, permit or certificate so revoked shall be
reissued for such premises for a period of 60 days thereafter; nor shall
any person convicted of knowingly maintaining such nuisance be reissued
such license, permit or certificate for one year from his conviction. No
license, permit or certificate shall be revoked pursuant to this Section
without a full hearing conducted by the commission or agency which issued
the license.
(Source: Laws 1965, p. 403.)
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(720 ILCS 5/37-4) (from Ch. 38, par. 37-4)
Sec. 37-4.
Abatement of nuisance.)
The Attorney General of this State or the State's Attorney of the county
wherein the nuisance exists may commence an action to abate a public nuisance
as described
in Section 37-1 of this Act, in the name of the People of the State of
Illinois, in
the circuit court. Upon being satisfied by
affidavits or other sworn evidence that an alleged public nuisance exists,
the court may without notice or bond enter a temporary restraining
order or preliminary injunction to enjoin
any defendant from maintaining such nuisance and may enter an order
restraining any defendant from removing or interfering with all property
used in connection with the public nuisance. If during the proceedings and
hearings upon the merits, which shall be in the manner of "An Act in
relation to places used for the purpose of using, keeping or selling
controlled substances or cannabis", approved July 5, 1957, the existence
of the nuisance is established, and it is found that such nuisance
was maintained with the intentional, knowing, reckless or negligent
permission of the owner or the agent of the owner managing the building,
the court shall enter an order restraining all persons from maintaining or
permitting such nuisance and from using the building for a period of one
year thereafter, except that an owner, lessee or other occupant thereof may
use such place if the owner shall give bond with sufficient security or
surety approved by the court, in an amount between $1,000 and $5,000
inclusive, payable to the People of the State of Illinois, and including a
condition that no offense specified in Section 37-1 of this Act shall be
committed at, in or upon the property described and a condition that the
principal obligor and surety assume responsibility for any fine, costs or
damages resulting from such an offense thereafter.
(Source: P.A. 83-342.)
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(720 ILCS 5/37-5) (from Ch. 38, par. 37-5)
Sec. 37-5.
Enforcement by private person.
A private person may, after 30 days and within 90 days of giving the
Attorney General and the State's Attorney of the county of nuisance written
notice by certified or registered mail of the fact that a public nuisance
as described in Section 37-1 of this Act, commence an action pursuant to
Section 37-4 of this Act, provided that the Attorney General or the State's
Attorney of the county of nuisance has not already commenced said action.
(Source: Laws 1965, p. 403.)
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(720 ILCS 5/Art. 37.5 heading) ARTICLE 37.5.
ANIMAL FIGHTING; FORFEITURE
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(720 ILCS 5/37.5-5)
Sec. 37.5-5. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-10)
Sec. 37.5-10. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-15)
Sec. 37.5-15. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-20)
Sec. 37.5-20. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-25)
Sec. 37.5-25. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-30)
Sec. 37.5-30. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-35)
Sec. 37.5-35. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-40)
Sec. 37.5-40. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/37.5-45)
Sec. 37.5-45. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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(720 ILCS 5/Art. 38 heading) ARTICLE 38.
CRIMINALLY OPERATED BUSINESSES
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(720 ILCS 5/38-1) (from Ch. 38, par. 38-1)
Sec. 38-1.
Forfeiture of charter and revocation of certificate.
The State's Attorney is authorized to institute civil proceedings in the
Circuit Court to forfeit the charter of a corporation organized under the
laws of this State or to revoke the certificate authorizing a foreign
corporation to conduct business in this State. The Court may order the
charter forfeited or the certificate revoked upon finding (a) that a
director, officer, employee, agent or stockholder acting in behalf of the
corporation has, in conducting the corporation's affairs, purposely engaged
in a persistent course of intimidation, coercion, bribery or other such
illegal conduct with the intent to compel other persons, firms, or
corporations to deal with such corporation, and (b) that for the prevention
of future illegal conduct of the same character, the public interest
requires the charter of the corporation to be forfeited and the corporation
to be dissolved or the certificate to be revoked.
(Source: Laws 1965, p. 1222.)
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(720 ILCS 5/38-2) (from Ch. 38, par. 38-2)
Sec. 38-2.
Enjoining operation of a business.
The State's Attorney is authorized to institute civil proceedings in the
Circuit Court to enjoin the operation of any business other than a
corporation, including a partnership, joint venture or sole proprietorship.
The Court may grant the injunction upon finding that (a) any person in
control of any such business, who may be a partner in a partnership, a
participant in a joint venture, the owner of a sole proprietorship, an
employee or agent of any such business, or a person who, in fact, exercises
control over the operations of any such business, has, in conducting its
business affairs, purposely engaged in a persistent course of intimidation,
coercion, bribery or other such illegal conduct with the intent to compel
other persons, firms, or corporations to deal with such business, and (b)
that for the prevention of future illegal conduct of the same character,
the public interest requires the operation of the business to be enjoined.
(Source: Laws 1965, p. 1222.)
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(720 ILCS 5/38-3) (from Ch. 38, par. 38-3)
Sec. 38-3.
Institution and conduct of proceedings.)
(a) The proceedings authorized by Section 38-1 may be instituted
against a corporation in any county in which it is doing business and
the proceedings shall be conducted in accordance with the Civil Practice
Law and all existing and future amendments of that
Law and the Supreme Court Rules now or hereafter adopted in
relation to that Law. Such proceedings shall be deemed
additional to any other proceeding authorized by law for the purpose of
forfeiting the charter of a corporation or revoking the certificate of a
foreign corporation.
(b) The proceedings authorized by Section 38-2 may be instituted
against a business other than a corporation in any county in which it is
doing business and the proceedings shall be conducted in accordance with
the Civil Practice Law and all existing and future amendments
of that Law and the Supreme Court Rules now or hereafter adopted
in relation to that Law.
(c) Whenever proceedings are instituted against a corporation or
business pursuant to Section 38-1 or 38-2, the State's Attorney shall
give written notice of the institution of such proceedings to the
corporation or business against which the proceedings are brought.
(Source: P.A. 82-783.)
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(720 ILCS 5/Art. 39 heading) ARTICLE 39.
CRIMINAL USURY
(Repealed)(Article heading repealed by P.A. 96-1551, eff. 7-1-11)
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(720 ILCS 5/39-1) (from Ch. 38, par. 39-1)
(This Section was renumbered as Section 17-59 by P.A. 96-1551.) Sec. 39-1.
(Renumbered).
(Source: P.A. 76-1879. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/39-2) (from Ch. 38, par. 39-2)
Sec. 39-2.
(Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/39-3) (from Ch. 38, par. 39-3)
Sec. 39-3.
(Repealed).
(Source: P.A. 84-1004. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/Art. 42 heading) ARTICLE 42.
LOOTING
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(720 ILCS 5/42-1)
Sec. 42-1. (Repealed).
(Source: Laws 1967, p. 2598. Repealed by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/42-2)
Sec. 42-2. (Repealed).
(Source: P.A. 87-1170. Repealed by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/Art. 44 heading) ARTICLE 44.
TELECOMMUNICATIONS DEVICES
(Repealed)(Source: P.A. 86-811. Repealed by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/44-1) (from Ch. 38, par. 44-1)
Sec. 44-1.
(Repealed).
(Source: P.A. 86-811. Repealed by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/44-2) (from Ch. 38, par. 44-2)
(This Section was renumbered as Section 12C-65 by P.A. 97-1109.) Sec. 44-2. (Renumbered).
(Source: P.A. 94-556, eff. 9-11-05. Renumbered by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/44-3) (from Ch. 38, par. 44-3)
Sec. 44-3. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/Art. 45 heading) ARTICLE 45.
DISCLOSING LOCATION
OF DOMESTIC VIOLENCE VICTIM
(Repealed)(Article heading repealed by P.A. 96-1551, eff. 7-1-11)
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(720 ILCS 5/45-1) (from Ch. 38, par. 45-1)
(This Section was renumbered as Section 12-3.6 by P.A. 96-1551.) Sec. 45-1.
(Renumbered).
(Source: P.A. 88-45. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/45-2) (from Ch. 38, par. 45-2)
(This Section was renumbered as Section 12-3.6 by P.A. 96-1551.) Sec. 45-2.
(Renumbered).
(Source: P.A. 88-45. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/Art. 46 heading) ARTICLE 46.
INSURANCE FRAUD, FRAUD ON THE GOVERNMENT,
AND RELATED OFFENSES
(Repealed)(Article repealed by P.A. 96-1551, eff. 7-1-11)
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(720 ILCS 5/Art. 47 heading) ARTICLE 47.
NUISANCE
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(720 ILCS 5/47-5)
Sec. 47-5.
Public nuisance.
It is a public nuisance:
(1) To cause or allow the carcass of an animal or offal, filth, or a
noisome substance to be collected,
deposited, or to remain in any place to the prejudice of others.
(2) To throw or deposit offal or other offensive
matter or the carcass of a dead animal in a water
course, lake, pond, spring, well, or common sewer, street, or public
highway.
(3) To corrupt or render unwholesome or impure the water of
a spring, river, stream, pond, or lake to the injury or
prejudice of others.
(4) To obstruct or impede, without legal authority, the passage
of a navigable river or waters.
(5) To obstruct or encroach upon public highways, private ways,
streets, alleys, commons, landing places, and ways to burying places.
(6) To carry on the business of manufacturing gunpowder,
nitroglycerine, or other highly explosive substances, or mixing or grinding the
materials for those substances, in a building
within 20 rods of a valuable building erected
at the time the business is commenced.
(7) To establish powder magazines near incorporated towns, at a
point different from that appointed according to law by the corporate
authorities of the town, or within 50 rods of an occupied dwelling
house.
(8) To erect, continue, or use a building or
other place for the exercise of a trade, employment, or
manufacture that, by occasioning noxious exhalations, offensive
smells, or otherwise, is offensive or dangerous to the health of
individuals or of the public.
(9) To advertise wares or occupation by painting notices of the
wares or occupation on
or affixing them to fences or other private property, or on rocks or other
natural objects, without the consent of the owner, or if in the highway or
other public place, without permission of the proper authorities.
(10) To permit a well drilled for oil, gas, salt
water disposal, or any other purpose in connection with the production of
oil and gas to remain unplugged after the well is no
longer used for the purpose for which it was drilled.
(11) To construct or operate a salt water pit or
oil
field refuse pit, commonly called a "burn out pit", so that salt water,
brine, or oil field refuse or other waste liquids may escape from the
pit in a manner except by the evaporation of
the salt water or brine or by the burning of the oil
field waste or refuse.
(12) To permit concrete bases, discarded machinery, and
materials to remain around an oil or gas well, or to fail to fill holes,
cellars, slush pits, and other excavations made in
connection with the well or to restore the surface of the
lands surrounding the well to its condition before the
drilling of the well, upon abandonment of the
oil or gas well.
(13) To permit salt water, oil, gas, or other
wastes
from a well drilled for oil, gas, or exploratory purposes to escape
to the surface, or into a mine or coal seam, or into an underground
fresh water supply, or from one underground stratum to another.
(14) To harass, intimidate, or threaten a
person
who is about to sell or lease or has sold or leased a residence or other real
property or is about
to buy or lease or has bought or leased a residence or other real property,
when the harassment, intimidation, or threat relates to a person's attempt
to sell, buy, or lease a residence, or other real property, or refers to a
person's sale, purchase, or lease of a residence or other real property.
(15) To store, dump, or permit the accumulation of debris,
refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans,
or other containers in a manner that may harbor mosquitoes, flies, insects,
rodents,
nuisance birds, or other animal pests that are offensive, injurious, or
dangerous to the health of individuals or the public.
(16) To create a condition, through the improper
maintenance of a swimming pool or wading pool, or by causing an
action that alters the condition of a natural body of water, so
that it harbors mosquitoes, flies, or other animal pests that are
offensive, injurious, or dangerous to the health of individuals or the
public.
(17) To operate a tanning facility without a valid permit under
the Tanning Facility Permit Act.
Nothing in this Section shall be construed to prevent the corporate
authorities of a city, village, or incorporated town, or the
county board of a county, from declaring what are
nuisances and abating them within their limits. Counties have that authority
only outside the corporate limits of a city,
village, or incorporated town.
(Source: P.A. 89-234, eff. 1-1-96.)
|
(720 ILCS 5/47-10)
Sec. 47-10.
Dumping garbage.
It is unlawful for a
person to dump or place garbage or
another offensive substance within the
corporate limits of a city, village, or incorporated town other
than (1) the city, village, or incorporated town within the corporate
limits of which the garbage or other offensive substance originated or (2) a
city, village, or incorporated
town that has contracted with the city, village, or
incorporated town
within which the garbage originated, for the joint collection and
disposal of garbage; nor shall the garbage or other offensive
substance be dumped or placed within a distance of one mile of the
corporate limits of any other city, village, or incorporated town.
A person violating this Section is guilty
of a petty offense.
(Source: P.A. 89-234, eff. 1-1-96.)
|
(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or place garbage,
rubbish, trash, or refuse upon real property not owned by
that person without the consent of the owner or person in possession of the
real property.
(b) A person who violates this Section is liable to the owner or person in
possession of the real property on which the garbage, rubbish,
trash, or refuse is dumped, deposited, or placed for the reasonable costs
incurred by the owner or person in possession for cleaning up and properly
disposing of the garbage, rubbish, trash, or refuse, and for
reasonable attorneys' fees.
(c) A person violating this Section is guilty of a Class B misdemeanor for
which the court must impose a minimum fine of $500. A
second conviction for an offense committed after the first conviction is a
Class A misdemeanor for which the court must impose a minimum fine of $500.
A third or subsequent violation, committed after a second
conviction, is a Class 4 felony for which the court must impose a minimum
fine of $500.
A person who violates this Section and who has an equity interest in a motor
vehicle used in violation of this Section is presumed to have the financial
resources to pay the minimum fine not exceeding his or her equity interest in
the vehicle.
Personal property used by a person in
violation of this Section shall on the third or subsequent conviction of the
person be forfeited to the county where the violation occurred and disposed of
at a public sale. Before the forfeiture, the court shall conduct a hearing to
determine whether property is subject to forfeiture under this Section. At the
forfeiture hearing the State has the burden of establishing by a preponderance
of the evidence that property is subject to forfeiture under this Section. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(d) The statutory minimum fine required by subsection (c) is not subject
to reduction or suspension unless the defendant is indigent.
If the defendant files a motion with the court asserting his or her inability
to pay the mandatory fine required by this Section, the court must set a
hearing on the motion before sentencing. The court must require an affidavit
signed by the defendant containing sufficient information to ascertain the
assets and liabilities of the defendant. If the court determines that the
defendant is indigent, the court must require that the defendant choose
either to pay the minimum fine of $500 or to perform 100 hours of community
service.
(Source: P.A. 100-512, eff. 7-1-18.)
|
(720 ILCS 5/47-20)
Sec. 47-20.
Unplugged well.
It is a Class A misdemeanor for
a person to permit a water
well, located on property owned by him or her, to be in an unplugged
condition at any time after the abandonment of the well for
obtaining water. No well is in an unplugged
condition, however, that is plugged in conformity
with the rules and regulations of the Department of Natural Resources
issued under Section 6 and Section 19 of the Illinois Oil
and Gas Act. This Section does not apply to a well
drilled or used for
observation or any other purpose in connection with the development or
operation of a gas storage project.
(Source: P.A. 89-234, eff. 1-1-96; 89-445, eff. 2-7-96.)
|
(720 ILCS 5/47-25)
Sec. 47-25.
Penalties.
Whoever causes, erects, or continues a nuisance
described in this Article, for the
first offense, is guilty of a petty offense and shall be fined
not exceeding $100, and for a subsequent offense is guilty of
a Class B misdemeanor. Every nuisance described in this Article,
when a conviction for that nuisance is had, may, by order
of the court before which the conviction is had, be abated by the sheriff or
other
proper officer, at the expense of the defendant. It is not a defense to a
proceeding under this Section
that the nuisance is erected or continued by virtue or permission of a law of
this State.
(Source: P.A. 89-234, eff. 1-1-96.)
|
(720 ILCS 5/Art. 48 heading) ARTICLE 48. ANIMALS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-1)
(was 720 ILCS 5/26-5)
Sec. 48-1. Dog fighting. (For other provisions that may apply to dog
fighting, see the Humane Care for Animals Act. For provisions similar to this
Section that apply to animals other than dogs, see in particular Section 4.01
of the Humane Care for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any
show, exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or human, or the
intentional killing of any dog for the purpose of sport, wagering, or
entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment of
any show, exhibition, program, or other activity involving
a fight between 2 or more dogs or any dog and human,
or the intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or she
knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this Section.
(d) No person may manufacture for sale, shipment, transportation,
or delivery any device or equipment which he or she knows or should know
is intended for use in any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more dogs, or any
human and dog, or the intentional killing of any dog for purposes of
sport, wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale, ship,
transport, or otherwise move any equipment or device which he or she
knows or should know is intended for use in connection with any show,
exhibition, program, or activity featuring or otherwise involving a fight
between 2 or more dogs, or any dog and human, or the intentional
killing of any dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site, structure, or
facility, whether enclosed or not, that he or she knows is intended to be
used for the purpose of conducting any show, exhibition, program, or other
activity involving a fight between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture, distribute, or
deliver fittings to be used in a fight between 2 or more dogs or a dog and
human.
(g) No person may knowingly attend or otherwise patronize any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
2 or more dogs, or any dog and human, or the intentional killing of
any dog for purposes of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal to any
machine or device propelled by any power for the purpose of causing the
animal to be pursued by a dog or dogs. This subsection (h) applies only
when the dog is intended to be used in a dog fight.
(i) Sentence.
(1) Any person convicted of violating subsection (a), | ||
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(1.5) A person who knowingly owns a dog for fighting | ||
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(i) the dogfight is performed in the presence of | ||
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(ii) the dogfight is performed for the purpose of | ||
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(iii) the dogfight is performed in furtherance of | ||
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(1.7) A person convicted of violating subsection | ||
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(2) Any person convicted of violating subsection (d) | ||
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(2.5) Any person convicted of violating subsection | ||
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(3) Any person convicted of violating subsection (g) | ||
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(i-5) A person who commits a felony violation of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (j) Any dog or equipment involved in a violation of this Section shall
be immediately seized and impounded under Section 12 of the Humane Care for
Animals Act when located at any show, exhibition, program, or other activity
featuring or otherwise involving a dog fight for the purposes of sport,
wagering, or entertainment.
(k) Any vehicle or conveyance other than a common carrier that is used
in violation of this Section shall be seized, held, and offered for sale at
public auction by the sheriff's department of the proper jurisdiction, and
the proceeds from the sale shall be remitted to the general fund of the
county where the violation took place.
(l) Any veterinarian in this State who is presented with a dog for treatment
of injuries or wounds resulting from fighting where there is a reasonable
possibility that the dog was engaged in or utilized for a fighting event for
the purposes of sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the owners' names, dates,
and descriptions of the dog or dogs involved. Any veterinarian who in good
faith complies with the requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from his or her
actions. For the purposes of any proceedings, civil or criminal, the good
faith of the veterinarian shall be rebuttably presumed.
(m) In addition to any other penalty provided by law, upon conviction for
violating this Section, the court may order that the convicted person and
persons dwelling in the same household as the convicted person who conspired,
aided, or abetted in the unlawful act that was the basis of the conviction,
or who knew or should have known of the unlawful act, may not own, harbor, or
have custody or control of any dog or other animal for a period of time that
the court deems reasonable.
(n) A violation of subsection (a) of this Section may be inferred from evidence that the accused possessed any device or equipment described in subsection (d), (e), or (h) of this Section, and also possessed any dog.
(o) When no longer required for investigations or court proceedings relating to the events described or depicted therein, evidence relating to convictions for violations of this Section shall be retained and made available for use in training peace officers in detecting and identifying violations of this Section. Such evidence shall be made available upon request to other law enforcement agencies and to schools certified under the Illinois Police Training Act.
(p) For the purposes of this Section, "school" has the meaning ascribed to it in Section 11-9.3 of this Code; and "public park", "playground", "child care institution", "day care center", "part day child care facility", "day care home", "group day care home", and "facility providing programs or services
exclusively directed toward persons under 18 years of age" have the meanings ascribed to them in Section 11-9.4 of this Code. (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/48-2) Sec. 48-2. Animal research and production facilities protection. (a) Definitions. "Animal" means every living creature, domestic or | ||
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"Animal facility" means any facility engaging in | ||
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"Director" means the Director of the Illinois | ||
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(b) Legislative Declaration. There has been an increasing number of illegal acts committed
against animal research and production facilities involving
injury or loss of life to humans or animals, criminal
trespass and damage to property. These actions not only abridge the
property rights of the owner of the facility, they may also damage the
public interest by jeopardizing crucial scientific, biomedical, or
agricultural research or production. These actions can also
threaten the public safety by possibly exposing communities to serious
public health concerns and creating traffic hazards. These actions may
substantially disrupt or damage publicly funded research and
can result in the potential loss of physical and intellectual property.
Therefore, it is in the interest of the people of the State of Illinois to
protect the welfare of humans and animals as well as productive use of
public funds to require regulation to prevent unauthorized possession,
alteration, destruction, or transportation of research records, test data,
research materials, equipment, research and agricultural production animals. (c) It shall be unlawful for any person: (1) to release, steal, or otherwise intentionally | ||
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(2) to damage, vandalize, or steal any property in or | ||
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(3) to obtain access to an animal facility by false | ||
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(4) to enter into an animal facility with an intent | ||
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(5) by theft or deception knowingly to obtain control | ||
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(6) to enter or remain on an animal facility with the | ||
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(d) Sentence. (1) Any person who violates any provision of | ||
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(2) If the loss, theft, or damage to the animal | ||
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(3) If the loss, theft, or damage to the animal | ||
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(4) If the loss, theft, or damage to the animal | ||
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(5) Any person who, with the intent that any | ||
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(6) Restitution. (A) The court shall conduct a hearing to | ||
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(B) Any persons convicted of a violation shall be | ||
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(e) Private right of action. Nothing in this Section shall preclude
any animal facility injured in its business or property by a violation of
this Section from seeking appropriate relief under any other provision of law
or remedy including the issuance of a permanent injunction against any
person who violates any provision of this Section. The animal facility owner
or operator may petition the court to permanently enjoin the person from
violating this Section and the court shall provide this relief. (f) The Director shall have authority to investigate any alleged
violation of this Section, along with any other law enforcement agency, and may
take any action within the Director's authority necessary for the
enforcement of this Section. State's Attorneys, State police and other law
enforcement officials shall provide any assistance required in the conduct
of an investigation and prosecution. Before the Director reports a
violation for prosecution he or she may give the owner or operator of the
animal facility and the alleged violator an opportunity to present his or
her views at an administrative hearing. The Director may adopt any rules and regulations necessary
for the enforcement of this Section.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-3) Sec. 48-3. Hunter or fisherman interference. (a) Definitions. As used in this Section: "Aquatic life" means all fish, reptiles, amphibians, | ||
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"Interfere with" means to take any action that | ||
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"Taking" means the capture or killing of wildlife or | ||
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"Wildlife" means any wildlife the taking of which is | ||
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(b) A person commits hunter or fisherman interference when he or she intentionally or knowingly: (1) obstructs or interferes with the lawful taking of | ||
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(2) drives or disturbs wildlife or aquatic life for | ||
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(3) blocks, impedes, or physically harasses another | ||
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(4) uses natural or artificial visual, aural, | ||
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(5) erects barriers with the intent to deny ingress | ||
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(6) intentionally interjects himself or herself into | ||
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(7) affects the physical condition or placement of | ||
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(8) enters or remains upon or over private lands | ||
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(9) fails to obey the order of a peace officer to | ||
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(10) uses a drone in a way that interferes with | ||
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(c) Exemptions; defenses. (1) This Section does not apply to actions performed | ||
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(2) This Section does not apply to landowners, | ||
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(3) It is an affirmative defense to a prosecution for | ||
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(4) Any interested parties may engage in protests or | ||
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(d) Sentence. A first violation of paragraphs (1) through (8) of subsection (b) is a Class B misdemeanor. A second or subsequent violation of
paragraphs (1) through (8) of subsection (b) is a Class A misdemeanor for which imprisonment for not less than 7 days shall be imposed. A
person guilty of a second or subsequent violation of paragraphs (1) through (8) of subsection (b) is not
eligible for court
supervision. A violation of paragraph (9) or (10) of subsection (b) is a Class A misdemeanor. A court shall revoke, for a period of one year to 5 years, any Illinois
hunting, fishing, or trapping privilege, license or permit of any person
convicted of violating any provision of this Section. For
purposes of this subsection, a "second or subsequent violation" means a conviction
under paragraphs (1) through (8) of subsection (b) of this Section within 2 years of a prior violation arising from a separate set
of circumstances. (e) Injunctions; damages. (1) Any court may enjoin conduct which would be in | ||
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(2) A court shall award all resulting costs and | ||
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(Source: P.A. 97-1108, eff. 1-1-13; 98-402, eff. 8-16-13.) |
(720 ILCS 5/48-4) Sec. 48-4. Obtaining certificate of registration by false pretenses. (a) A person commits obtaining certificate of registration by false pretenses when he or she, by any false pretense, obtains from any club,
association, society or company for improving the breed of cattle, horses,
sheep, swine, or other domestic animals, a certificate of registration of
any animal in the herd register, or other register of any club,
association, society or company, or a transfer of the registration. (b) A person commits obtaining certificate of registration by false pretenses when he or she knowingly gives a false pedigree of any animal. (c) Sentence. Obtaining certificate of registration by false pretenses is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-5) Sec. 48-5. Horse mutilation. (a) A person commits horse mutilation when he or she cuts the solid part of the tail of any horse in the operation
known as docking, or by any other operation performed for the purpose of
shortening the tail, and whoever shall cause the same to be done, or assist
in doing this cutting, unless the same is proved to be a benefit to the
horse. (b) Sentence. Horse mutilation is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-6) Sec. 48-6. Horse racing false entry. (a) That in order to encourage the breeding of and
improvement in trotting, running and pacing horses in the State, it is hereby made unlawful for any person or persons knowingly to
enter or cause to be entered for competition, or knowingly to compete with
any horse, mare, gelding, colt or filly under any other than its true name
or out of its proper class for any purse, prize, premium, stake or
sweepstakes offered or given by any agricultural or other society,
association, person or persons in the State where the prize,
purse, premium, stake or sweepstakes is to be decided by a contest of
speed. (b) The name of any horse, mare, gelding, colt or filly, for the
purpose of entry for competition or performance in any contest of speed,
shall be the name under which the horse has publicly performed, and shall
not be changed after having once so performed or contested for a prize,
purse, premium, stake or sweepstakes, except as provided by the code of
printed rules of the society or association under which the contest is
advertised to be conducted. (c) The official records shall be
received in all courts as evidence upon the trial of any person under
the provisions of this Section. (d) Sentence. A violation of subsection (a) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-7) Sec. 48-7. Feeding garbage to animals. (a) Definitions. As used in this Section: "Department" means the Department of Agriculture of the State of
Illinois. "Garbage" has the same meaning as in the federal Swine Health Protection Act (7 U.S.C. 3802) and also includes putrescible vegetable waste. "Garbage" does not include the contents of the bovine digestive tract. "Person" means any person, firm, partnership, association, corporation,
or other legal entity, any public or private institution, the State, or any municipal corporation or political subdivision of the
State. (b) A person commits feeding garbage to animals when he or she feeds or permits the feeding of garbage to swine or any
animals or poultry on any farm or any other premises where swine are kept. (c) Establishments licensed under the Animal Mortality Act or under similar laws in other states are exempt from the provisions of this Section. (d) Nothing in this Section shall be construed to apply to any person who
feeds garbage produced in his or her own household to animals or poultry kept on
the premises where he or she resides except this garbage if fed to swine shall not
contain particles of meat. (e) Sentence. Feeding garbage to animals is a Class B misdemeanor, and for the first
offense shall be fined not less than $100 nor more than $500 and for a
second or subsequent offense shall be fined not less than $200 nor more
than $500 or imprisoned in a penal institution other than the penitentiary
for not more than 6 months, or both. (f) A person violating this Section may be enjoined by the Department from
continuing the violation. (g) The Department may make reasonable inspections necessary for the
enforcement of this Section, and is authorized to enforce, and administer the
provisions of this Section.
(Source: P.A. 102-216, eff. 1-1-22.) |
(720 ILCS 5/48-8) Sec. 48-8. Service animal access. (a) When a
person with a physical, mental, or intellectual disability requiring the use of a service animal is
accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor
the service animal shall be denied the right of entry and use of facilities of any public
place of accommodation as defined in Section 5-101 of the Illinois Human
Rights Act. For the purposes of this Section, "service animal" means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. "Service animal" includes a miniature horse that a public
place of accommodation shall make reasonable accommodation so long as the public
place of accommodation takes into consideration: (1) the type, size, and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse's presence in the facility compromises legitimate safety requirements necessary for operation. (b) A person who knowingly violates this Section commits a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/48-9) Sec. 48-9. Misrepresentation of stallion and jack pedigree. (a) The owner or keeper of any
stallion or jack kept for public service commits misrepresentation of stallion and jack pedigree when he or she misrepresents the
pedigree or breeding of the stallion or jack, or represents
that the animal, so kept for public service, is registered, when in fact
it is not registered in a published volume of a society for the registry of
standard and purebred animals, or who shall post or publish, or cause to be
posted or published, any false pedigree or breeding of this animal. (b) Sentence. Misrepresentation of stallion and jack pedigree is a petty offense, and for a second or subsequent offense
is a Class B misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/48-10) Sec. 48-10. Dangerous animals. (a) Definitions. As used in this Section, unless the context otherwise requires: "Dangerous animal" means a lion, tiger, leopard, | ||
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"Owner" means any person who (1) has a right of | ||
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"Person" means any individual, firm, association, | ||
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"Primate" means a nonhuman member of the order | ||
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(b) Dangerous animal or primate offense. No person shall have a right of property in, keep, harbor,
care for, act as custodian
of or maintain in
his or her possession any dangerous animal or primate except at a properly maintained zoological
park, federally licensed
exhibit, circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal
refuge in an escape-proof enclosure. (c) Exemptions. (1) This Section does not prohibit a person who had | ||
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(A) the person's name, address, and telephone | ||
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(B) the type of primate, the age, a photograph, a | ||
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(2) This Section does not prohibit a person who has a | ||
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(A) the capuchin monkey was obtained from and | ||
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(B) the person complies with the notification | ||
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(d) A person who registers a primate shall notify the local animal control administrator within 30 days of a change of address. If the person moves to another locality within the State, the person shall register the primate with the new local animal control administrator within 30 days of moving by providing written notification as provided in paragraph (1) of subsection (c) and shall include proof of the prior registration. (e) A person who registers a primate shall notify the local animal control administrator immediately if the primate dies, escapes, or bites, scratches, or injures a person. (f) It is no defense to a violation of subsection (b)
that the person violating subsection
(b) has attempted to domesticate the dangerous animal. If there appears
to be imminent danger to the public, any
dangerous animal found not in compliance with the provisions of this Section
shall be subject to
seizure and may immediately be placed in an approved facility. Upon the
conviction of a person for a violation of subsection (b), the animal with regard
to which the conviction was obtained shall be confiscated and placed in an
approved facility, with the owner responsible for all costs
connected with the seizure and confiscation of the animal.
Approved facilities include, but are not limited to, a zoological park,
federally licensed exhibit,
humane society, veterinary hospital or animal refuge. (g) Sentence. Any person violating this Section is guilty of a Class C
misdemeanor. Any corporation or
partnership, any officer, director, manager or managerial agent of the
partnership or corporation who violates this Section or causes the
partnership or corporation to violate this Section is guilty of a Class C misdemeanor. Each day of violation constitutes a separate offense.
(Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.) |
(720 ILCS 5/48-11) Sec. 48-11. Unlawful use of an elephant in a traveling animal act. (a) Definitions. As used in this Section: "Mobile or traveling animal housing facility" means a transporting vehicle such as a truck, trailer, or railway car used to transport or house animals while traveling to an exhibition or other performance. "Performance" means an exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or other similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for entertainment, amusement, or benefit of a live audience. "Traveling animal act" means any performance of animals where animals are transported to, from, or between locations for the purpose of a performance in a mobile or traveling animal housing facility. (b) A person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. (c) This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility. (d) Sentence. Unlawful use of an elephant in a traveling animal act is a Class A misdemeanor.
(Source: P.A. 100-90, eff. 1-1-18.) |
(720 ILCS 5/Art. 49 heading) ARTICLE 49. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-1) Sec. 49-1. Flag desecration. (a) Definition. As used in this Section: "Flag", "standard", "color" or "ensign" shall include | ||
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(b) A person commits flag desecration when he or she knowingly: (1) for exhibition or display, places or causes to be | ||
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(2) exposes or causes to be exposed to public view | ||
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(3) exposes to public view, manufactures, sells, | ||
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(4) publicly mutilates, defaces, defiles, tramples, | ||
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(c) All prosecutions under this Section shall be brought by any
person in the name of the People of the State of Illinois, against any
person or persons violating any of the provisions of this Section, before
any circuit court. The State's Attorneys shall see that this Section is
enforced in their respective counties, and shall prosecute all offenders
on receiving information of the violation of this Section. Sheriffs, deputy
sheriffs, and police officers shall inform against and prosecute all
persons whom there is probable cause to believe are guilty of violating
this Section. One-half of the amount recovered in any penal action under
this Section shall be paid to the person making and filing the complaint in
the action, and the remaining 1/2 to the school fund of the county in
which the conviction is obtained. (d) All prosecutions under this Section shall be commenced within six
months from the time the offense was committed, and not afterwards. (e) Sentence. A violation of paragraphs (1) through (3) of subsection (b) is a Class C misdemeanor. A violation of paragraph (4) of subsection (b) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-1.5) Sec. 49-1.5. Draft card mutilation. (a) A person commits draft card mutilation when he or she knowingly destroys or mutilates a valid registration
certificate or any other valid certificate issued under the federal
"Military Selective Service Act of 1967". (b) Sentence. Draft card mutilation is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-2) Sec. 49-2. Business use of military terms. (a) It is unlawful for any person, concern, firm or corporation to use
in the name, or description of the name, of any privately operated
mercantile establishment which may or may not be engaged principally in the
buying and selling of equipment or materials of the Government of the
United States or any of its departments, agencies or military services, the
terms "Army", "Navy", "Marine", "Coast Guard", "Government", "GI", "PX" or
any terms denoting a branch of the government, either independently or in
connection or conjunction with any other word or words, letter or insignia
which import or imply that the products so described are or were made for
the United States government or in accordance with government
specifications or requirements, or of government materials, or that these
products have been disposed of by the United States government as surplus
or rejected stock. (b) Sentence. A violation of this Section is a petty offense with a fine of not less than
$25.00 nor more than $500 for the first conviction, and not less than $500
or more than $1000 for each subsequent conviction.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-3) Sec. 49-3. Governmental uneconomic practices. (a) It is unlawful for the State of Illinois, any political subdivision
thereof, or any municipality therein, or any officer, agent or employee of
the State of Illinois, any political subdivision thereof or any
municipality therein, to sell to or procure for sale or have in its or his
or her possession or under its or his or her control for sale to any officer, agent or
employee of the State or any political subdivision thereof or municipality
therein any article, material, product or merchandise of whatsoever nature,
excepting meals, public services and such specialized appliances and
paraphernalia as may be required for the safety or health of such officers,
agents or employees. (b) The provisions of this Section shall not apply to the State, any
political subdivision thereof or municipality therein, nor to any officer,
agent or employee of the State, or of any such subdivision or municipality
while engaged in any recreational, health, welfare, relief, safety or
educational activities furnished by the State, or any such political
subdivision or municipality. (c) Sentence. A violation of this Section is a
Class B misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-4) Sec. 49-4. Sale of maps. (a) The sale of current Illinois publications or highway maps published
by the Secretary of State is prohibited except where provided by law. (b) Sentence. A violation of this Section is a Class B misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-5) Sec. 49-5. Video movie sales and rentals rating violation. (a) Definitions. As used in this Section, unless the context otherwise requires: "Person" means an individual, corporation, | ||
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"Official rating" means an official rating of the | ||
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"Video movie" means a videotape or video disc copy of | ||
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(b) A person may not sell at retail or rent, or attempt to
sell at retail or rent, a video movie in this State unless the official
rating of the motion picture from which it is copied is clearly displayed
on the outside of any cassette, case, jacket, or other covering of the
video movie. (c) This Section does not apply to any video movie of
a motion picture which: (1) has not been given an official rating; or (2) has been altered in any way subsequent to | ||
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(d) Sentence. A violation of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/49-6) Sec. 49-6. Container label obliteration prohibited. (a) No person shall sell or offer for sale any product, article or
substance in a container on which any statement of weight, quantity,
quality, grade, ingredients or identification of the manufacturer, supplier
or processor is obliterated by any other labeling unless the other
labeling correctly restates the obliterated statement. (b) This Section does not apply to any obliteration which is done in order
to comply with subsection (c) of this Section. (c) No person shall utilize any used container for the purpose of sale
of any product, article or substance unless the original marks of
identification, weight, grade, quality and quantity have first been
obliterated. (d) This Section shall not be construed as permitting the use of any
containers or labels in a manner prohibited by any other law. (e) Sentence. A violation of this Section is a business offense for which a
fine shall be imposed not to exceed $1,000.
(Source: P.A. 97-1108, eff. 1-1-13.) |