2005 Illinois 720 ILCS 5/      Criminal Code of 1961. Title III - Specific Offenses

      (720 ILCS 5/Tit. III heading)
TITLE III. SPECIFIC OFFENSES
      (720 ILCS 5/Tit. III Pt. A heading)
PART A. INCHOATE OFFENSES
      (720 ILCS 5/Art. 8 heading)
ARTICLE 8. SOLICITATION, CONSPIRACY AND ATTEMPT

(720 ILCS 5/8‑1) (from Ch. 38, par. 8‑1)     Sec. 8‑1. Solicitation. (a) Elements of the offense. A person commits solicitation when, with intent that an offense be committed, other than first degree murder, he commands, encourages or requests another to commit that offense.     (b) Penalty.     A person convicted of solicitation may be fined or imprisoned or both not to exceed the maximum provided for the offense solicited: Provided, however, the penalty shall not exceed the corresponding maximum limit provided by subparagraph (c) of Section 8‑4 of this Act, as heretofore and hereafter amended. (Source: P.A. 85‑1030.)

(720 ILCS 5/8‑1.1) (from Ch. 38, par. 8‑1.1)     Sec. 8‑1.1. Solicitation of Murder.     (a) A person commits solicitation of murder when, with the intent that the offense of first degree murder be committed, he commands, encourages or requests another to commit that offense.     (b) Penalty. Solicitation of murder is a Class X felony and a person convicted of solicitation of murder shall be sentenced to a term of imprisonment for a period of not less than 15 years and not more than 30 years, except that in cases where the person solicited was a person under the age of 17 years, the person convicted of solicitation of murder shall be sentenced to a term of imprisonment for a period of not less than 20 years and not more than 60 years. (Source: P.A. 89‑688, eff. 6‑1‑97; 89‑689, eff. 12‑31‑96.)

(720 ILCS 5/8‑1.2) (from Ch. 38, par. 8‑1.2)     Sec. 8‑1.2. Solicitation of Murder for Hire. (a) A person commits solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he procures another to commit that offense pursuant to any contract, agreement, understanding, command or request for money or anything of value.     (b) Penalty. Solicitation of murder for hire is a Class X felony and a person convicted of solicitation of murder for hire shall be sentenced to a term of imprisonment of not less than 20 years and not more than 40 years. (Source: P.A. 85‑1003; 85‑1030; 85‑1440.)

    (720 ILCS 5/8‑2)(from Ch. 38, par. 8‑2)
    Sec. 8‑2. Conspiracy.
    (a) Elements of the offense. A person commits conspiracy when, with intent that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or by a co‑conspirator.
    (b) Co‑conspirators.
    It shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:
        (1) Has not been prosecuted or convicted, or
        (2) Has been convicted of a different offense, or
        (3) Is not amenable to justice, or
        (4) Has been acquitted, or
        (5) Lacked the capacity to commit an offense.
    (c) Sentence.
    A person convicted of conspiracy may be fined or imprisoned or both not to exceed the maximum provided for the offense which is the object of the conspiracy, except that if the object is an offense prohibited by Sections 11‑15, 11‑16, 11‑17, 11‑19, 24‑1(a)(1), 24‑1(a)(7), 28‑1, 28‑3 and 28‑4 of the "Criminal Code of 1961", approved July 28, 1961, as amended, or prohibited by Sections 404 or 406 (b) of the "Illinois Controlled Substances Act", enacted by the 77th General Assembly, or an inchoate offense related to any of the aforesaid principal offenses, the person convicted may be sentenced for a Class 3 felony however, conspiracy to commit treason, first degree murder, aggravated kidnapping, aggravated criminal sexual assault, or predatory criminal sexual assault of a child is a Class 1 felony, and conspiracy to commit any offense other than those specified in this subsection, and other than those set forth in Sections 401, 402, or 407 of the Illinois Controlled Substances Act, shall not be sentenced in excess of a Class 4 felony.
(Source: P.A. 94‑184, eff. 7‑12‑05.)

(720 ILCS 5/8‑2.1)     Sec. 8‑2.1. Conspiracy against civil rights.     (a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co‑conspirator has committed any act in furtherance of that agreement.     (b) Co‑conspirators. It shall not be a defense to conspiracy against civil rights that a person or persons with whom the accused is alleged to have conspired:         (1) has not been prosecuted or convicted; or         (2) has been convicted of a different offense; or         (3) is not amenable to justice; or         (4) has been acquitted; or         (5) lacked the capacity to commit an offense.     (c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. (Source: P.A. 92‑830, eff. 1‑1‑03.)

(720 ILCS 5/8‑3) (from Ch. 38, par. 8‑3)     Sec. 8‑3. Defense.     It is a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of an offense. (Source: Laws 1961, p. 1983.)

    (720 ILCS 5/8‑4)(from Ch. 38, par. 8‑4)
    Sec. 8‑4. Attempt.
    (a) Elements of the Offense.
    A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.
    (b) Impossibility.
    It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
    (c) Sentence.
    A person convicted of an attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in Section 33A‑2 of this Act,
        (1) the sentence for attempt to commit first degree

murder is the sentence for a Class X felony, except that

(A) an attempt to commit first degree murder

when at least one of the aggravating factors specified in paragraphs (1), (2) and (12) of subsection (b) of Section 9‑1 is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;

(B) an attempt to commit first degree murder

while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;

(C) an attempt to commit first degree murder

during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;

(D) an attempt to commit first degree murder

during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(2) the sentence for attempt to commit a Class X

felony is the sentence for a Class 1 felony;

(3) the sentence for attempt to commit a Class 1

felony is the sentence for a Class 2 felony;

(4) the sentence for attempt to commit a Class 2

felony is the sentence for a Class 3 felony; and

(5) the sentence for attempt to commit any felony

other than those specified in subsections (1), (2), (3) and (4) hereof is the sentence for a Class A misdemeanor.

(Source: P.A. 91‑404, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/8‑5) (from Ch. 38, par. 8‑5)     Sec. 8‑5. Multiple convictions.     No person shall be convicted of both the inchoate and the principal offense. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/8‑6) (from Ch. 38, par. 8‑6)     Sec. 8‑6. Offense. For the purposes of this Article, "offense" shall include conduct which if performed in another State would be criminal by the laws of that State and which conduct if performed in this State would be an offense under the laws of this State. (Source: Laws 1961, p. 1983.)

      (720 ILCS 5/Tit. III Pt. B heading)
PART B. OFFENSES DIRECTED AGAINST THE PERSON
      (720 ILCS 5/Art. 9 heading)
ARTICLE 9. HOMICIDE

    (720 ILCS 5/9‑1)(from Ch. 38, par. 9‑1)
    Sec. 9‑1. First degree Murder ‑ Death penalties ‑ Exceptions ‑ Separate Hearings ‑ Proof ‑ Findings ‑ Appellate procedures ‑ Reversals.
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
        (1) he either intends to kill or do great bodily harm

to that individual or another, or knows that such acts will cause death to that individual or another; or

(2) he knows that such acts create a strong

probability of death or great bodily harm to that individual or another; or

(3) he is attempting or committing a forcible felony

other than second degree murder.

(b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if:         (1) the murdered individual was a peace officer or

fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or

(2) the murdered individual was an employee of an

institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or

(3) the defendant has been convicted of murdering two

or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or

(4) the murdered individual was killed as a result of

the hijacking of an airplane, train, ship, bus or other public conveyance; or

(5) the defendant committed the murder pursuant to a

contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or

(6) the murdered individual was killed in the course

of another felony if:

(a) the murdered individual:                 (i) was actually killed by the defendant, or                 (ii) received physical injuries personally

inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5‑2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and

(b) in performing the acts which caused the death

of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and

(c) the other felony was an inherently violent

crime or the attempt to commit an inherently violent crime. In this subparagraph (c), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; or

(7) the murdered individual was under 12 years of age

and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or

(8) the defendant committed the murder with intent to

prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this paragraph (8), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; or

(9) the defendant, while committing an offense

punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or

(10) the defendant was incarcerated in an institution

or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or

(11) the murder was committed in a cold, calculated

and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or

(12) the murdered individual was an emergency medical

technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel; or

(13) the defendant was a principal administrator,

organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or

(14) the murder was intentional and involved the

infliction of torture. For the purpose of this Section torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim; or

(15) the murder was committed as a result of the

intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or

(16) the murdered individual was 60 years of age or

older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or

(17) the murdered individual was a disabled person

and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or

(18) the murder was committed by reason of any

person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or

(19) the murdered individual was subject to an order

of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; or

(20) the murdered individual was known by the

defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or

(21) the murder was committed by the defendant in

connection with or as a result of the offense of terrorism as defined in Section 29D‑30 of this Code.

(c) Consideration of factors in Aggravation and Mitigation.     The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b). Mitigating factors may include but need not be limited to the following:         (1) the defendant has no significant history of prior

criminal activity;

(2) the murder was committed while the defendant was

under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to prosecution;

(3) the murdered individual was a participant in the

defendant's homicidal conduct or consented to the homicidal act;

(4) the defendant acted under the compulsion of

threat or menace of the imminent infliction of death or great bodily harm;

(5) the defendant was not personally present during

commission of the act or acts causing death;

(6) the defendant's background includes a history of

extreme emotional or physical abuse;

(7) the defendant suffers from a reduced mental

capacity.

(d) Separate sentencing hearing.     Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted:         (1) before the jury that determined the defendant's

guilt; or

(2) before a jury impanelled for the purpose of the

proceeding if:

A. the defendant was convicted upon a plea of

guilty; or

B. the defendant was convicted after a trial

before the court sitting without a jury; or

C. the court for good cause shown discharges the

jury that determined the defendant's guilt; or

(3) before the court alone if the defendant waives a

jury for the separate proceeding.

(e) Evidence and Argument.     During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing.     (f) Proof.     The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt.     (g) Procedure ‑ Jury.     If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the court shall sentence the defendant to death. If the court does not concur with the jury determination that death is the appropriate sentence, the court shall set forth reasons in writing including what facts or circumstances the court relied upon, along with any relevant documents, that compelled the court to non‑concur with the sentence. This document and any attachments shall be part of the record for appellate review. The court shall be bound by the jury's sentencing determination.     If after weighing the factors in aggravation and mitigation, one or more jurors determines that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.     (h) Procedure ‑ No Jury.     In a proceeding before the court alone, if the court finds that none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.     If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the Court shall sentence the defendant to death.     If the court finds that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.     (h‑5) Decertification as a capital case.     In a case in which the defendant has been found guilty of first degree murder by a judge or jury, or a case on remand for resentencing, and the State seeks the death penalty as an appropriate sentence, on the court's own motion or the written motion of the defendant, the court may decertify the case as a death penalty case if the court finds that the only evidence supporting the defendant's conviction is the uncorroborated testimony of an informant witness, as defined in Section 115‑21 of the Code of Criminal Procedure of 1963, concerning the confession or admission of the defendant or that the sole evidence against the defendant is a single eyewitness or single accomplice without any other corroborating evidence. If the court decertifies the case as a capital case under either of the grounds set forth above, the court shall issue a written finding. The State may pursue its right to appeal the decertification pursuant to Supreme Court Rule 604(a)(1). If the court does not decertify the case as a capital case, the matter shall proceed to the eligibility phase of the sentencing hearing.     (i) Appellate Procedure.     The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. The Illinois Supreme Court may overturn the death sentence, and order the imposition of imprisonment under Chapter V of the Unified Code of Corrections if the court finds that the death sentence is fundamentally unjust as applied to the particular case. If the Illinois Supreme Court finds that the death sentence is fundamentally unjust as applied to the particular case, independent of any procedural grounds for relief, the Illinois Supreme Court shall issue a written opinion explaining this finding.     (j) Disposition of reversed death sentence.     In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections.     In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.     (k) Guidelines for seeking the death penalty.     The Attorney General and State's Attorneys Association shall consult on voluntary guidelines for procedures governing whether or not to seek the death penalty. The guidelines do not have the force of law and are only advisory in nature. (Source: P.A. 92‑854, eff. 12‑5‑02; 93‑605, eff. 11‑19‑03.)

(720 ILCS 5/9‑1.2) (from Ch. 38, par. 9‑1.2)     Sec. 9‑1.2. Intentional Homicide of an Unborn Child.     (a) A person commits the offense of intentional homicide of an unborn child if, in performing acts which cause the death of an unborn child, he without lawful justification:         (1) either intended to cause the death of or do

great bodily harm to the pregnant woman or her unborn child or knew that such acts would cause death or great bodily harm to the pregnant woman or her unborn child; or

(2) he knew that his acts created a strong

probability of death or great bodily harm to the pregnant woman or her unborn child; and

(3) he knew that the woman was pregnant.     (b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.     (c) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.     (d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:         (1) the death penalty may not be imposed;         (2) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(3) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(4) if, during the commission of the offense, the

person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(e) The provisions of this Act shall not be construed to prohibit the prosecution of any person under any other provision of law. (Source: P.A. 91‑404, eff. 1‑1‑00.)

(720 ILCS 5/9‑2) (from Ch. 38, par. 9‑2)     Sec. 9‑2. Second Degree Murder. (a) A person commits the offense of second degree murder when he commits the offense of first degree murder as defined in paragraphs (1) or (2) of subsection (a) of Section 9‑1 of this Code and either of the following mitigating factors are present:     (1) At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the individual killed; or     (2) At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.     (b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.     (c) When a defendant is on trial for first degree murder and evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code. In a jury trial for first degree murder in which evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented and the defendant has requested that the jury be given the option of finding the defendant guilty of second degree murder, the jury must be instructed that it may not consider whether the defendant has met his burden of proof with regard to second degree murder until and unless it has first determined that the State has proven beyond a reasonable doubt each of the elements of first degree murder.     (d) Sentence.     Second Degree Murder is a Class 1 felony. (Source: P.A. 84‑1450.)

(720 ILCS 5/9‑2.1) (from Ch. 38, par. 9‑2.1)     Sec. 9‑2.1. Voluntary Manslaughter of an Unborn Child. (a) A person who kills an unborn child without lawful justification commits voluntary manslaughter of an unborn child if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the unborn child.     Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.     (b) A person who intentionally or knowingly kills an unborn child commits voluntary manslaughter of an unborn child if at the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.     (c) Sentence. Voluntary Manslaughter of an unborn child is a Class 1 felony.     (d) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.     (e) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. (Source: P.A. 84‑1414.)

(720 ILCS 5/9‑3) (from Ch. 38, par. 9‑3)     Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide.     (a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft, in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.     (b) (Blank).     (c) (Blank).     (d) Sentence.         (1) Involuntary manslaughter is a Class 3 felony.         (2) Reckless homicide is a Class 3 felony.     (e) (Blank).     (e‑5) (Blank).     (e‑7) Except as otherwise provided in subsection (e‑8), in cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.     (e‑8) In cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, and caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.     (e‑9) In cases involving reckless homicide in which the defendant drove a vehicle and used an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne, and caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony.     (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. 92‑16, eff. 6‑28‑01; 93‑178, eff. 6‑1‑04; 93‑213, eff. 7‑18‑03; 93‑682, eff. 1‑1‑05.)

(720 ILCS 5/9‑3.1) (from Ch. 38, par. 9‑3.1)     Sec. 9‑3.1. Concealment of homicidal death. (a) A person commits the offense of concealment of homicidal death when he conceals the death of any other person with knowledge that such other person has died by homicidal means.     (b) Nothing in this Section prevents the defendant from also being charged with and tried for the first degree murder, second degree murder or involuntary manslaughter of the person whose death is concealed. If a person convicted under this Section is also convicted of first degree murder, second degree murder or involuntary manslaughter, the penalty under this Section shall be imposed separately and in addition to the penalty for first degree murder, second degree murder or involuntary manslaughter.     (c) Sentence.     Concealment of homicidal death is a Class 3 felony. (Source: P.A. 84‑1308; 84‑1450.)

(720 ILCS 5/9‑3.2) (from Ch. 38, par. 9‑3.2)     Sec. 9‑3.2. Involuntary Manslaughter and Reckless Homicide of an Unborn Child. (a) A person who unintentionally kills an unborn child without lawful justification commits involuntary manslaughter of an unborn child if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of death consists of the driving of a motor vehicle, in which case the person commits reckless homicide of an unborn child.     (b) Sentence.     (1) Involuntary manslaughter of an unborn child is a Class 3 felony.     (2) Reckless homicide of an unborn child is a Class 3 felony.     (c) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.     (d) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.     (e) The provisions of this Section shall not be construed to prohibit the prosecution of any person under any other provision of law, nor shall it be construed to preclude any civil cause of action. (Source: P.A. 84‑1414.)

    (720 ILCS 5/9‑3.3)(from Ch. 38, par. 9‑3.3)
    (Text of Section from P.A. 94‑556)
    Sec. 9‑3.3. Drug‑induced homicide.
    (a) A person who violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person dies as a result of the injection, inhalation or ingestion of any amount of that controlled substance, commits the offense of drug‑induced homicide.
    (b) Sentence. Drug‑induced homicide is a Class X felony.
    (c) A person who commits drug‑induced homicide by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act commits a Class X felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
 
    (Text of Section from P.A. 94‑560)
    Sec. 9‑3.3. Drug‑induced homicide.
    (a) A person who violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation or ingestion of any amount of that controlled substance, commits the offense of drug‑induced homicide.
    (b) Sentence. Drug‑induced homicide is a Class X felony.
    (c) A person who commits drug‑induced homicide by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act commits a Class X felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years.
(Source: P.A. 94‑560, eff. 1‑1‑06.)
      (720 ILCS 5/Art. 10 heading)
ARTICLE 10. KIDNAPING AND RELATED OFFENSES

(720 ILCS 5/10‑1) (from Ch. 38, par. 10‑1)     Sec. 10‑1. Kidnapping.) (a) Kidnapping occurs when a person knowingly:     (1) And secretly confines another against his will, or     (2) By force or threat of imminent force carries another from one place to another with intent secretly to confine him against his will, or     (3) By deceit or enticement induces another to go from one place to another with intent secretly to confine him against his will.     (b) Confinement of a child under the age of 13 years is against his will within the meaning of this Section if such confinement is without the consent of his parent or legal guardian.     (c) Sentence.     Kidnapping is a Class 2 felony. (Source: P.A. 79‑765.)

(720 ILCS 5/10‑2) (from Ch. 38, par. 10‑2)     Sec. 10‑2. Aggravated kidnaping.     (a) A kidnaper within the definition of paragraph (a) of Section 10‑1 is guilty of the offense of aggravated kidnaping when he:         (1) Kidnaps for the purpose of obtaining ransom from

the person kidnaped or from any other person, or

(2) Takes as his victim a child under the age of 13

years, or a severely or profoundly mentally retarded person, or

(3) Inflicts great bodily harm, other than by the

discharge of a firearm, or commits another felony upon his victim, or

(4) Wears a hood, robe or mask or conceals his

identity, or

(5) Commits the offense of kidnaping while armed

with a dangerous weapon, other than a firearm, as defined in Section 33A‑1 of the "Criminal Code of 1961", or

(6) Commits the offense of kidnaping while armed

with a firearm, or

(7) During the commission of the offense of

kidnaping, personally discharged a firearm, or

(8) During the commission of the offense of

kidnaping, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

As used in this Section, "ransom" includes money, benefit or other valuable thing or concession.     (b) Sentence. Aggravated kidnaping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A violation of subsection (a)(6) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(7) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.     A person who is convicted of a second or subsequent offense of aggravated kidnaping shall be sentenced to a term of natural life imprisonment; provided, however, that a sentence of natural life imprisonment shall not be imposed under this Section unless the second or subsequent offense was committed after conviction on the first offense. (Source: P.A. 91‑404, eff. 1‑1‑00; 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/10‑3) (from Ch. 38, par. 10‑3)     Sec. 10‑3. Unlawful restraint.) (a) A person commits the offense of unlawful restraint when he knowingly without legal authority detains another.     (b) Sentence.     Unlawful restraint is a Class 4 felony. (Source: P.A. 79‑840.)

(720 ILCS 5/10‑3.1) (from Ch. 38, par. 10‑3.1)     Sec. 10‑3.1. Aggravated Unlawful Restraint. (a) A person commits the offense of aggravated unlawful restraint when he knowingly without legal authority detains another while using a deadly weapon.     (b) Sentence. Aggravated unlawful restraint is a Class 3 felony. (Source: P.A. 84‑930.)

(720 ILCS 5/10‑4) (from Ch. 38, par. 10‑4)     Sec. 10‑4. Forcible Detention.) (a) A person commits the offense of forcible detention when he holds an individual hostage without lawful authority for the purpose of obtaining performance by a third person of demands made by the person holding the hostage, and     (1) the person holding the hostage is armed with a dangerous weapon as defined in Section 33A‑1 of this Code, or     (2) the hostage is known to the person holding him to be a peace officer or a correctional employee engaged in the performance of his official duties.     (b) Forcible detention is a Class 2 felony. (Source: P.A. 79‑941.)

(720 ILCS 5/10‑5) (from Ch. 38, par. 10‑5)     Sec. 10‑5. Child Abduction.     (a) For purposes of this Section, the following terms shall have the following meanings:         (1) "Child" means a person under the age of 18 or a

severely or profoundly mentally retarded person at the time the alleged violation occurred; and

(2) "Detains" means taking or retaining physical

custody of a child, whether or not the child resists or objects; and

(3) "Lawful custodian" means a person or persons

granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section be considered a valid court order granting custody to the mother.

(b) A person commits child abduction when he or she:         (1) Intentionally violates any terms of a valid

court order granting sole or joint custody, care or possession to another, by concealing or detaining the child or removing the child from the jurisdiction of the court; or

(2) Intentionally violates a court order prohibiting

the person from concealing or detaining the child or removing the child from the jurisdiction of the court; or

(3) Intentionally conceals, detains or removes the

child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. However, notwithstanding the presumption created by paragraph (3) of subsection (a), a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence; or

(4) Intentionally conceals or removes the child from

a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or

(5) At the expiration of visitation rights outside

the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois; or

(6) Being a parent of the child, and where the

parents of such child are or have been married and there has been no court order of custody, conceals the child for 15 days, and fails to make reasonable attempts within the 15 day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact such child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program; or

(7) Being a parent of the child, and where the

parents of the child are or have been married and there has been no court order of custody, conceals, detains, or removes the child with physical force or threat of physical force; or

(8) Conceals, detains, or removes the child for

payment or promise of payment at the instruction of a person who has no legal right to custody; or

(9) Retains in this State for 30 days a child

removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody; or

(10) Intentionally lures or attempts to lure a child

under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose.

For the purposes of this subsection (b), paragraph (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child shall be prima facie evidence of other than a lawful purpose.     (c) It shall be an affirmative defense that:         (1) The person had custody of the child pursuant to

a court order granting legal custody or visitation rights which existed at the time of the alleged violation; or

(2) The person had physical custody of the child

pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which such child can be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of such circumstances and make such disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible; or

(3) The person was fleeing an incidence or pattern

of domestic violence; or

(4) The person lured or attempted to lure a child

under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under subsection (b), paragraph (10).

(d) A person convicted of child abduction under this Section is guilty of a Class 4 felony. A person convicted of a second or subsequent violation of paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony. It shall be a factor in aggravation for which a court may impose a more severe sentence under Section 5‑8‑1 of the Unified Code of Corrections, if upon sentencing the court finds evidence of any of the following aggravating factors:         (1) that the defendant abused or neglected the child

following the concealment, detention or removal of the child; or

(2) that the defendant inflicted or threatened to

inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause such parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section; or

(3) that the defendant demanded payment in exchange

for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child; or

(4) that the defendant has previously been convicted

of child abduction; or

(5) that the defendant committed the abduction while

armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or

(6) that the defendant committed the abduction while

in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.

(e) The court may order the child to be returned to the parent or lawful custodian from whom the child was concealed, detained or removed. In addition to any sentence imposed, the court may assess any reasonable expense incurred in searching for or returning the child against any person convicted of violating this Section.     (f) Nothing contained in this Section shall be construed to limit the court's contempt power.     (g) Every law enforcement officer investigating an alleged incident of child abduction shall make a written police report of any bona fide allegation and the disposition of such investigation. Every police report completed pursuant to this Section shall be compiled and recorded within the meaning of Section 5.1 of "An Act in relation to criminal identification and investigation", approved July 2, 1931, as now or hereafter amended.     (h) Whenever a law enforcement officer has reasons to believe a child abduction has occurred, he shall provide the lawful custodian a summary of her or his rights under this Act, including the procedures and relief available to her or him.     (i) If during the course of an investigation under this Section the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or lawful custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer or the Department of Children and Family Services to retain temporary protective custody of the child pursuant to the Abused and Neglected Child Reporting Act, as now or hereafter amended. (Source: P.A. 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/10‑5.5)     Sec. 10‑5.5. Unlawful visitation interference.     (a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10‑5 of this Code.     (b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.     (c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.     (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.     (e) The notice shall:         (1) be in writing;         (2) state the name of the person and his address, if

known;

(3) set forth the nature of the offense;         (4) be signed by the officer issuing the notice; and         (5) request the person to appear before a court at a

certain time and place.

(f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.     (g) It is an affirmative defense that:         (1) a person or lawful custodian committed the act

to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;

(2) the act was committed with the mutual consent of

all parties having a right to custody and visitation of the child; or

(3) the act was otherwise authorized by law.     (h) A person convicted of unlawful visitation interference shall not be subject to a civil contempt citation for the same conduct for violating visitation provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act. (Source: P.A. 88‑96.)

(720 ILCS 5/10‑6) (from Ch. 38, par. 10‑6)     Sec. 10‑6. Harboring a runaway. (a) Any person, other than an agency or association providing crisis intervention services as defined in Section 3‑5 of the Juvenile Court Act of 1987, or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969, who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Mature 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. 86‑278; 86‑386.)

(720 ILCS 5/10‑7) (from Ch. 38, par. 10‑7)     Sec. 10‑7. Aiding and abetting child abduction. (a) A person violates this Section when:     (i) Before or during the commission of a child abduction as defined in Section 10‑5 and with the intent to promote or facilitate such offense, he or she intentionally aids or abets another in the planning or commission of child abduction, unless before the commission of the offense he or she makes proper effort to prevent the commission of the offense; or     (ii) With the intent to prevent the apprehension of a person known to have committed the offense of child abduction, or with the intent to obstruct or prevent efforts to locate the child victim of a child abduction, he or she knowingly destroys, alters, conceals or disguises physical evidence or furnishes false information.     (b) Sentence. A person who violates this Section commits a Class 4 felony. (Source: P.A. 84‑1308.)

(720 ILCS 5/10‑8) (from Ch. 38, par. 10‑8)     Sec. 10‑8. Unlawful sale of a public conveyance travel ticket to a minor. (a) A person commits the offense of unlawful sale of a public conveyance travel ticket to a minor when the person sells a ticket for travel on any public conveyance to an unemancipated minor under 17 years of age without the consent of the minor's parents or guardian for passage to a destination outside this state and knows the minor's age or fails to take reasonable measures to ascertain the minor's age.     (b) Evidence. The fact that the defendant demanded, was shown, and reasonably relied upon written evidence of a person's age in any transaction forbidden by this Section is competent evidence, and may be considered in any criminal prosecution for a violation of this Section.     (c) Definition. "Public Conveyance", includes an airplane, boat, bus, railroad, train, taxicab or other vehicle used for the transportation of passengers for hire.     (d) Sentence. Unlawful sale of a public conveyance travel ticket to a minor is a Class C misdemeanor. (Source: P.A. 86‑336.)

 
    (720 ILCS 5/Art. 10A heading)
ARTICLE 10A. TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE (Source: P.A. 94‑9, eff. 1‑1‑06.)

    (720 ILCS 5/10A‑5)
    Sec. 10A‑5. Definitions. In this Article:
    (1) "Intimidation" has the meaning prescribed in Section 12‑6.
    (2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.
    (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act.
    (4) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through:
        (A) any scheme, plan, or pattern intending to cause

or threatening to cause serious harm to any person;

(B) an actor's physically restraining or threatening

to physically restrain another person;

(C) an actor's abusing or threatening to abuse the

law or legal process;

(D) an actor's knowingly destroying, concealing,

removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;

(E) an actor's blackmail; or         (F) an actor's causing or threatening to cause

financial harm to or exerting financial control over any person.

(5) "Labor" means work of economic or financial value.     (6) "Maintain" means, in relation to labor or services,

to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service.

(7) "Obtain" means, in relation to labor or services, to

secure performance thereof.

(8) "Services" means a relationship between a person and

the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually‑explicit performances are forms of "services" under this Section. Nothing in this provision should be construed to legitimize or legalize prostitution.

(9) "Sexually‑explicit performance" means a live,

recorded, broadcast (including over the Internet) or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.

(10) "Trafficking victim" means a person subjected to the

practices set forth in subsection (a) of Section 10A‑10 (involuntary servitude) or subsection (b) of Section 10A‑10 (sexual servitude of a minor), or transported in violation of subsection (c) of Section 10A‑10 (trafficking of persons for forced labor or services).

(Source: P.A. 94‑9, eff. 1‑1‑06.)

    (720 ILCS 5/10A‑10)
    Sec. 10A‑10. Criminal provisions.
    (a) Involuntary servitude. Whoever knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to forced labor or services shall be punished as follows, subject to subsection (d):
        (1) by causing or threatening to cause physical harm

to any person, is guilty of a Class X felony;

(2) by physically restraining or threatening to

physically restrain another person, is guilty of a Class 1 felony;

(3) by abusing or threatening to abuse the law or

legal process, is guilty of a Class 2 felony;

(4) by knowingly destroying, concealing, removing,

confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, is guilty of a Class 3 felony;

(5) by using intimidation, or using or threatening to

cause financial harm to or by exerting financial control over any person, is guilty of a Class 4 felony.

(b) Involuntary servitude of a minor. Whoever knowingly

recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually‑explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in commercial sexual activity, a sexually‑explicit performance, or the production of pornography, shall be punished as follows, subject to the provisions of subsection (d):

(1) In cases involving a minor between the ages of 17

and 18 years, not involving overt force or threat, the defendant is guilty of a Class 1 felony.

(2) In cases in which the minor had not attained the

age of 17 years, not involving overt force or threat, the defendant is guilty of a Class X felony.

(3) In cases in which the violation involved overt

force or threat, the defendant is guilty of a Class X felony.

(c) Trafficking of persons for forced labor or services.

Whoever knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraphs (a) or (b) of this Section, subject to the provisions of subsection (d), is guilty of a Class 1 felony.

(d) Sentencing enhancements.         (1) Statutory maximum; sexual assault and extreme

violence. If the violation of this Article involves kidnapping or an attempt to kidnap, aggravated criminal sexual assault or the attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder, the defendant is guilty of a Class X felony.

(2) Sentencing considerations within statutory

maximums.

(A) Bodily injury. If, pursuant to a violation of

this Article, a victim suffered bodily injury, the defendant may be sentenced to an extended term sentence under Section 5‑8‑2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.

(B) Number of victims. In determining sentences

within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially‑increased sentences in cases involving more than 10 victims.

(e) Restitution. Restitution is mandatory under this

Article. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.

(f) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Article 10A. (Source: P.A. 94‑9, eff. 1‑1‑06.)

    (720 ILCS 5/10A‑15)
    Sec. 10A‑15. Forfeitures.
    (a) A person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services under Section 10A‑10 of this Code shall forfeit to the State of Illinois any profits or proceeds and any interest or property he or she has acquired or maintained in violation of Section 10A‑10 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of maintaining a person in involuntary servitude or participating in trafficking in persons for forced labor or services.
    (b) The court shall, upon petition by the Attorney

General or State's Attorney at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this Section. At the forfeiture hearing the people shall have the burden of establishing, by a preponderance of the evidence, that property or property interests are subject to forfeiture under this Section.

(c) In any action brought by the People of the State of

Illinois under this Section, wherein any restraining order, injunction, or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services and whether the property or interest is subject to forfeiture pursuant to this Section. In order to make such a determination, prior to entering any such order, the court shall conduct a hearing without a jury, wherein the People shall establish that there is: (i) probable cause that the person or persons so charged have committed the offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services and (ii) probable cause that any property or interest may be subject to forfeiture pursuant to this Section. The hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People, at any stage in the proceedings. The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services or the return of an indictment by a grand jury charging the offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services as sufficient evidence of probable cause as provided in item (i) of this subsection (c). Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this Section. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order, or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant or an innocent owner or innocent bona fide third party lien holder who neither had knowledge of, nor consented to, the illegal act or omission, conduct a hearing to release all or portions of any such property or interest that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or prohibition or other action. The court may release such property to the defendant or innocent owner or innocent bona fide third party lien holder who neither had knowledge of, nor consented to, the illegal act or omission for good cause shown and within the sound discretion of the court.

(d) Upon conviction of a person of involuntary

servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services, the court shall authorize the Attorney General to seize all property or other interest declared forfeited under this Section upon such terms and conditions as the court shall deem proper.

(e) All monies forfeited and the sale proceeds of all

other property forfeited and seized under this Section shall be distributed as follows:

(1) one‑half shall be divided equally among all State

agencies and units of local government whose officers or employees conducted the investigation that resulted in the forfeiture; and

(2) one‑half shall be deposited into the Violent

Crime Victims Assistance Fund and targeted to services for victims of the offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services.

(Source: P.A. 94‑9, eff. 1‑1‑06.)

    (720 ILCS 5/10A‑20)
    Sec. 10A‑20. Certification. The Attorney General, State's Attorneys, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Article 10A has begun and the individual who is a likely victim of a crime described in this Article 10A is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Article 10A who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
(Source: P.A. 94‑9, eff. 1‑1‑06.)
      (720 ILCS 5/Art. 11 heading)
ARTICLE 11. SEX OFFENSES

(720 ILCS 5/11‑6) (from Ch. 38, par. 11‑6)     Sec. 11‑6. Indecent solicitation of a child.     (a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12‑12 of this Code.     (b) Definitions. As used in this Section:         "Solicit" means to command, authorize, urge, incite,

request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.

"Child" means a person under 17 years of age.     (c) Sentence. Indecent solicitation of a child is:         (1) a Class 1 felony when the act, if done, would be

predatory criminal sexual assault of a child or aggravated criminal sexual assault;

(2) a Class 2 felony when the act, if done, would be

criminal sexual assault;

(3) a Class 3 felony when the act, if done, would be

aggravated criminal sexual abuse.

(Source: P.A. 91‑226, eff. 7‑22‑99.)

    (720 ILCS 5/11‑6.5)
    Sec. 11‑6.5. Indecent solicitation of an adult.
    (a) A person commits indecent solicitation of an adult if the person:
        (1) Arranges for a person 17 years of age or over to

commit an act of sexual penetration as defined in Section 12‑12 with a person:

(i) Under the age of 13 years; or             (ii) Thirteen years of age or over but under the

age of 17 years; or

(2) Arranges for a person 17 years of age or over to

commit an act of sexual conduct as defined in Section 12‑12 with a person:

(i) Under the age of 13 years; or             (ii) Thirteen years of age or older but under

the age of 17 years.

(b) Sentence.         (1) Violation of paragraph (a)(1)(i) is a Class X

felony.

(2) Violation of paragraph (a)(1)(ii) is a Class 1

felony.

(3) Violation of paragraph (a)(2)(i) is a Class 2

felony.

(4) Violation of paragraph (a)(2)(ii) is a Class A

misdemeanor.

(c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means. "Computer" has the meaning ascribed to it in Section 16D‑2 of this Code. (Source: P.A. 88‑165; 89‑203, eff. 7‑21‑95.)

(720 ILCS 5/11‑7) (from Ch. 38, par. 11‑7)     Sec. 11‑7. Adultery.) (a) Any person who has sexual intercourse with another not his spouse commits adultery, if the behavior is open and notorious, and     (1) The person is married and the other person involved in such intercourse is not his spouse; or     (2) The person is not married and knows that the other person involved in such intercourse is married.     A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4‑1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.     (b) Sentence.     Adultery is a Class A misdemeanor. (Source: P.A. 86‑490.)

(720 ILCS 5/11‑8) (from Ch. 38, par. 11‑8)     Sec. 11‑8. Fornication.) (a) Any person who has sexual intercourse with another not his spouse commits fornication if the behavior is open and notorious.     A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4‑1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.     (b) Sentence.     Fornication is a Class B misdemeanor. (Source: P.A. 86‑490.)

(720 ILCS 5/11‑9) (from Ch. 38, par. 11‑9)     Sec. 11‑9. Public indecency.     (a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:         (1) An act of sexual penetration or sexual conduct

as defined in Section 12‑12 of this Code; or

(2) A lewd exposure of the body done with intent to

arouse or to satisfy the sexual desire of the person.

Breast‑feeding of infants is not an act of public indecency.     (b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.     (c) Sentence.     Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony. (Source: P.A. 91‑115, eff. 1‑1‑00.)

    (720 ILCS 5/11‑9.1)(from Ch. 38, par. 11‑9.1)
    Sec. 11‑9.1. Sexual exploitation of a child.
    (a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast

for the purpose of sexual arousal or gratification of such person or the child.

(a‑5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.     (b) Definitions. As used in this Section:     "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12‑12 of this Code.     "Sex offense" means any violation of Article 11 of this Code or a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or 12‑16.2 of this Code.     "Child" means a person under 17 years of age.     (c) Sentence.         (1) Sexual exploitation of a child is a Class A

misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.

(2) Sexual exploitation of a child is a Class 4

felony if the person has been previously convicted of a sex offense.

(3) Sexual exploitation of a child is a Class 4

felony if the victim was under 13 years of age at the time of the commission of the offense.

(Source: P.A. 94‑140, eff. 7‑7‑05.)

(720 ILCS 5/11‑9.2)     Sec. 11‑9.2. Custodial sexual misconduct.     (a) A person commits the offense of custodial sexual misconduct when: (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.     (b) A probation or supervising officer or surveillance agent commits the offense of custodial sexual misconduct when the probation or supervising officer or surveillance agent engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent so engaging in the sexual conduct or sexual penetration.     (c) Custodial sexual misconduct is a Class 3 felony.     (d) Any person convicted of violating this Section immediately shall forfeit his or her employment with a penal system, treatment and detention facility, or conditional release program.     (e) For purposes of this Section, the consent of the probationer, parolee, releasee, or inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act.     (f) This Section does not apply to:         (1) Any employee, probation or supervising officer,

or surveillance agent who is lawfully married to a person in custody if the marriage occurred before the date of custody.

(2) Any employee, probation or supervising officer,

or surveillance agent who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.

(g) In this Section:         (1) "Custody" means:             (i) pretrial incarceration or detention;             (ii) incarceration or detention under a sentence

or commitment to a State or local penal institution;

(iii) parole or mandatory supervised release;             (iv) electronic home detention;             (v) probation;             (vi) detention or civil commitment either in

secure care or in the community under the Sexually Violent Persons Commitment Act.

(2) "Penal system" means any system which includes

institutions as defined in Section 2‑14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.

(2.1) "Treatment and detention facility" means any

Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.

(2.2) "Conditional release" means a program of

treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;

(3) "Employee" means:             (i) an employee of any governmental agency of

this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;

(ii) a contractual employee of a penal system as

defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2‑14 of this Code;

(iii) a contractual employee of a "treatment

and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.

(4) "Sexual conduct" or "sexual penetration" means

any act of sexual conduct or sexual penetration as defined in Section 12‑12 of this Code.

(5) "Probation officer" means any person employed in

a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.

(6) "Supervising officer" means any person employed

to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3‑14‑2 of the Unified Code of Corrections.

(7) "Surveillance agent" means any person employed

or contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.

(Source: P.A. 92‑415, eff. 8‑17‑01.)

    (720 ILCS 5/11‑9.3)
    (Text of Section from P.A. 94‑158)
    Sec. 11‑9.3. Presence within school zone by child sex offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.
    Nothing in this Section shall be construed to infringe upon the constitutional right of a child sex offender to be present in a school building that is used as a polling place for the purpose of voting.
        (1) (Blank; or)
        (2) (Blank.)
    (b) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.
        (1) (Blank; or)
        (2) (Blank.)
    (b‑5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b‑5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly.
    (c) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any

substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (c) or the attempt to commit an included sex offense, and:

(A) is convicted of such offense or an

attempt to commit such offense; or

(B) is found not guilty by reason of

insanity of such offense or an attempt to commit such offense; or

(C) is found not guilty by reason of

insanity pursuant to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(D) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(E) is found not guilty by reason of

insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(ii) is certified as a sexually dangerous person

pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or

(iii) is subject to the provisions of Section 2

of the Interstate Agreements on Sexually Dangerous Persons Act.

Convictions that result from or are connected with

the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5),

"sex offense" means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of a child), 12‑33 (ritualized abuse of a child), 11‑20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in clause (2)(i) of subsection (c) of this Section.

(2.5) For the purposes of subsection (b‑5) only, a

sex offense means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961:

10‑5(b)(10) (child luring), 10‑7 (aiding and

abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse of a child). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or

the law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (c) of this Section shall constitute a conviction for the purpose of this Article. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.

(4) "School" means a public or private pre‑school,

elementary, or secondary school.

(5) "Loiter" means:             (i) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around school property.

(ii) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.

(6) "School official" means the principal, a

teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.

(d) Sentence. A person who violates this Section is guilty of a Class 4 felony. (Source: P.A. 94‑158, eff. 7‑11‑05.)       (Text of Section from P.A. 94‑164)     Sec. 11‑9.3. Presence within school zone by child sex offenders prohibited.     (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student present in the building, on the grounds or in the conveyance or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.         (1) (Blank; or)         (2) (Blank.)     (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 present in the building or on the grounds or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.         (1) (Blank; or)         (2) (Blank.)     (b‑5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b‑5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly.     (c) Definitions. In this Section:         (1) "Child sex offender" means any person who:             (i) has been charged under Illinois law, or any

substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (c) or the attempt to commit an included sex offense, and:

(A) is convicted of such offense or an

attempt to commit such offense; or

(B) is found not guilty by reason of

insanity of such offense or an attempt to commit such offense; or

(C) is found not guilty by reason of

insanity pursuant to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(D) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(E) is found not guilty by reason of

insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(ii) is certified as a sexually dangerous person

pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or

(iii) is subject to the provisions of Section 2

of the Interstate Agreements on Sexually Dangerous Persons Act.

Convictions that result from or are connected with

the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5),

"sex offense" means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of a child), 12‑33 (ritualized abuse of a child), 11‑20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in clause (2)(i) of subsection (c) of this Section.

(2.5) For the purposes of subsection (b‑5) only, a

sex offense means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961:

10‑5(b)(10) (child luring), 10‑7 (aiding and

abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse of a child). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or

the law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (c) of this Section shall constitute a conviction for the purpose of this Article. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.

(4) "School" means a public or private pre‑school,

elementary, or secondary school.

(5) "Loiter" means:             (i) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around school property.

(ii) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.

(iii) Entering or remaining in a building in or

around school property, other than the offender's residence.

(6) "School official" means the principal, a

teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.

(d) Sentence. A person who violates this Section is guilty of a Class 4 felony. (Source: P.A. 94‑164, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑170)     Sec. 11‑9.3. Presence within school zone by child sex offenders prohibited.     (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.     Nothing in this Section shall be construed to infringe upon the constitutional right of a child sex offender to be present in a school building that is used as a polling place for the purpose of voting.         (1) (Blank; or)         (2) (Blank.)     (b) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.         (1) (Blank; or)         (2) (Blank.)     (b‑5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b‑5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly.     (c) Definitions. In this Section:         (1) "Child sex offender" means any person who:             (i) has been charged under Illinois law, or any

substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (c) or the attempt to commit an included sex offense, and:

(A) is convicted of such offense or an

attempt to commit such offense; or

(B) is found not guilty by reason of

insanity of such offense or an attempt to commit such offense; or

(C) is found not guilty by reason of

insanity pursuant to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(D) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(E) is found not guilty by reason of

insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(ii) is certified as a sexually dangerous person

pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or

(iii) is subject to the provisions of Section 2

of the Interstate Agreements on Sexually Dangerous Persons Act.

Convictions that result from or are connected with

the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5),

"sex offense" means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of a child), 12‑33 (ritualized abuse of a child), 11‑20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in clause (2)(i) of subsection (c) of this Section.

(2.5) For the purposes of subsection (b‑5) only, a

sex offense means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961:

10‑5(b)(10) (child luring), 10‑7 (aiding and

abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse of a child). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or

the law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (c) of this Section shall constitute a conviction for the purpose of this Article. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.

(4) "School" means a public or private pre‑school,

elementary, or secondary school.

(5) "Loiter" means:             (i) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around school property.

(ii) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.

(6) "School official" means the principal, a

teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.

(d) Sentence. A person who violates this Section is guilty of a Class 4 felony. (Source: P.A. 94‑170, eff. 7‑11‑05.)

    (720 ILCS 5/11‑9.4)
    Sec. 11‑9.4. Approaching, contacting, residing, or communicating with a child within certain places by child sex offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park while persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
    (b‑5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (b‑5) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly. Nothing in this subsection (b‑5) prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 94th General Assembly.
    (b‑6) It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b‑6) prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 92nd General Assembly.
    This subsection (b‑6) does not apply if the victim of the sex offense is 21 years of age or older.
    (c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed towards persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution, or (v) school providing before and after school programs for children under 18 years of age. This does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is operated.
    (d) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any

substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and:

(A) is convicted of such offense or an

attempt to commit such offense; or

(B) is found not guilty by reason of

insanity of such offense or an attempt to commit such offense; or

(C) is found not guilty by reason of

insanity pursuant to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(D) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(E) is found not guilty by reason of

insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) is the subject of a finding not

resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(ii) is certified as a sexually dangerous person

pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or

(iii) is subject to the provisions of Section 2

of the Interstate Agreements on Sexually Dangerous Persons Act.

Convictions that result from or are connected with

the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5),

"sex offense" means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, on a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of a child), 12‑33 (ritualized abuse of a child), 11‑20 (obscenity) (when that offense was committed in any school, on real property comprising any school, on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in clause (2)(i) of this subsection (d).

(2.5) For the purposes of subsection (b‑5) only, a

sex offense means:

(i) A violation of any of the following Sections

of the Criminal Code of 1961:

10‑5(b)(10) (child luring), 10‑7 (aiding and

abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse of a child). An attempt to commit any of these offenses.

(ii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following

Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10‑1 (kidnapping),             10‑2 (aggravated kidnapping),             10‑3 (unlawful restraint),             10‑3.1 (aggravated unlawful restraint).             An attempt to commit any of these offenses.             (iv) A violation of any former law of this State

substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or

the law of another state that is substantially equivalent to any offense listed in paragraph (2) of this subsection (d) shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.

(4) "Public park" includes a park, forest preserve,

or conservation area under the jurisdiction of the State or a unit of local government.

(5) "Facility providing programs or services

directed towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.

(6) "Loiter" means:             (i) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around public park property.

(ii) Standing, sitting idly, whether or not the

person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.

(7) "Playground" means a piece of land owned or

controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.

(8) "Child care institution" has the meaning ascribed

to it in Section 2.06 of the Child Care Act of 1969.

(9) "Day care center" has the meaning ascribed to it

in Section 2.09 of the Child Care Act of 1969.

(10) "Part day child care facility" has the meaning

ascribed to it in Section 2.10 of the Child Care Act of 1969.

(e) Sentence. A person who violates this Section is guilty of a Class 4 felony. (Source: P.A. 94‑925, eff. 6‑26‑06.)

(720 ILCS 5/11‑11) (from Ch. 38, par. 11‑11)     Sec. 11‑11. Sexual Relations Within Families. (a) A person commits sexual relations within families if he or she:     (1) Commits an act of sexual penetration as defined in Section 12‑12 of this Code; and     (2) The person knows that he or she is related to the other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half‑blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed.     (b) Sentence. Sexual relations within families is a Class 3 felony. (Source: P.A. 84‑1280.)

(720 ILCS 5/11‑12) (from Ch. 38, par. 11‑12)     Sec. 11‑12. Bigamy. (a) Any person having a husband or wife who subsequently marries another or cohabits in this State after such marriage commits bigamy.     (b) It shall be an affirmative defense to bigamy that:     (1) The prior marriage was dissolved or declared invalid; or     (2) The accused reasonably believed the prior spouse to be dead; or     (3) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or     (4) The accused reasonably believed that he was legally eligible to remarry.     (c) Sentence.     Bigamy is a Class 4 felony. (Source: P.A. 81‑230.)

(720 ILCS 5/11‑13) (from Ch. 38, par. 11‑13)     Sec. 11‑13. Marrying a bigamist.     (a) Any unmarried person who knowingly marries another under circumstances known to him which would render the other person guilty of bigamy under the laws of this State, or who cohabits in this State after such a marriage, commits the offense of marrying a bigamist.     (b) Sentence.     Marrying a bigamist is a Class A misdemeanor. (Source: P. A. 77‑2638.)

(720 ILCS 5/11‑14) (from Ch. 38, par. 11‑14)     Sec. 11‑14. Prostitution.     (a) Any person who performs, offers or agrees to perform any act of sexual penetration as defined in Section 12‑12 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.     (b) Sentence.     Prostitution is a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11‑15, 11‑17, 11‑18, 11‑18.1 and 11‑19 of this Code is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.     (c) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 4 felony. (Source: P.A. 91‑274, eff. 1‑1‑00; 91‑498, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/11‑14.1)     Sec. 11‑14.1. Solicitation of a sexual act.     (a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value to perform any act of sexual penetration as defined in Section 12‑12 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits the offense of solicitation of a sexual act.     (b) Sentence. Solicitation of a sexual act is a Class B misdemeanor. (Source: P.A. 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/11‑15) (from Ch. 38, par. 11‑15)     Sec. 11‑15. Soliciting for a prostitute.     (a) Any person who performs any of the following acts commits soliciting for a prostitute:         (1) Solicits another for the purpose of

prostitution; or

(2) Arranges or offers to arrange a meeting of

persons for the purpose of prostitution; or

(3) Directs another to a place knowing such

direction is for the purpose of prostitution.

(b) Sentence. Soliciting for a prostitute is a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11‑14, 11‑17, 11‑18, 11‑18.1 and 11‑19 of this Code is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.     (b‑5) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 4 felony.     (c) A peace officer who arrests a person for a violation of this Section may impound any vehicle used by the person in the commission of the offense. The person may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of a fee of $200. The fee shall be distributed to the unit of government whose peace officers made the arrest for a violation of this Section. This $200 fee includes the costs incurred by the unit of government to tow the vehicle to the impound. Upon the presentation of a signed court order by the defendant whose vehicle was impounded showing that the defendant has been acquitted of the offense of soliciting for a prostitute or that the charges have been dismissed against the defendant for that offense, the municipality shall refund the $200 fee to the defendant. (Source: P.A. 91‑274, eff. 1‑1‑00; 91‑498, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)

(720 ILCS 5/11‑15.1) (from Ch. 38, par. 11‑15.1)     Sec. 11‑15.1. Soliciting for a Juvenile Prostitute.     (a) Any person who violates any of the provisions of Section 11‑15(a) of this Act commits soliciting for a juvenile prostitute where the prostitute for whom such person is soliciting is under 16 years of age or is a severely or profoundly mentally retarded person.     (b) It is an affirmative defense to a charge of soliciting for a juvenile prostitute that the accused reasonably believed the person was of the age of 16 years or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.     (c) Sentence.     Soliciting for a juvenile prostitute is a Class 1 felony. (Source: P.A. 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/11‑16) (from Ch. 38, par. 11‑16)     Sec. 11‑16. Pandering.     (a) Any person who performs any of the following acts for any money, property, token, object, or article or anything of value commits pandering:         (1) Compels a person to become a prostitute; or         (2) Arranges or offers to arrange a situation in

which a person may practice prostitution.

(b) Sentence.     Pandering by compulsion is a Class 4 felony. Pandering other than by compulsion is a Class 4 felony.     (c) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 3 felony. (Source: P.A. 91‑274, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/11‑17) (from Ch. 38, par. 11‑17)     Sec. 11‑17. Keeping a Place of Prostitution.     (a) Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution:         (1) Knowingly grants or permits the use of such

place for the purpose of prostitution; or

(2) Grants or permits the use of such place under

circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or

(3) Permits the continued use of a place after

becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

(b) Sentence.     Keeping a place of prostitution is a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11‑14, 11‑15, 11‑18, 11‑18.1 and 11‑19 of this Code, is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (Source: P.A. 91‑498, eff. 1‑1‑00.)

(720 ILCS 5/11‑17.1) (from Ch. 38, par. 11‑17.1)     Sec. 11‑17.1. Keeping a Place of Juvenile Prostitution.     (a) Any person who knowingly violates any of the provisions of Section 11‑17 of this Act commits keeping a place of juvenile prostitution when any prostitute in the place of prostitution is under 16 years of age.     (b) It is an affirmative defense to a charge of keeping a place of juvenile prostitution that the accused reasonably believed the person was of the age of 16 years or over at the time of the act giving rise to the charge.     (c) Sentence. Keeping a place of juvenile prostitution is a Class 1 felony. A person convicted of a second or subsequent violation of this Section is guilty of a Class X felony.     (d) Forfeiture. Any person convicted under this Section is subject to the forfeiture provisions of Section 11‑20.1A of this Act. (Source: P.A. 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/11‑18) (from Ch. 38, par. 11‑18)     Sec. 11‑18. Patronizing a prostitute.     (a) Any person who performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:         (1) Engages in an act of sexual penetration as

defined in Section 12‑12 of this Code with a prostitute; or

(2) Enters or remains in a place of prostitution

with intent to engage in an act of sexual penetration as defined in Section 12‑12 of this Code.

(b) Sentence.     Patronizing a prostitute is a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11‑14, 11‑15, 11‑17, 11‑18.1 and 11‑19 of this Code, is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.     (c) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 4 felony. (Source: P.A. 91‑274, eff. 1‑1‑00; 91‑498, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)

(720 ILCS 5/11‑18.1) (from Ch. 38, par. 11‑18.1)     Sec. 11‑18.1. Patronizing a juvenile prostitute. (a) Any person who engages in an act of sexual penetration as defined in Section 12‑12 of this Code with a prostitute under 17 years of age commits the offense of patronizing a juvenile prostitute.     (b) It is an affirmative defense to the charge of patronizing a juvenile prostitute that the accused reasonably believed that the person was of the age of 17 years or over at the time of the act giving rise to the charge.     (c) Sentence. A person who commits patronizing a juvenile prostitute is guilty of a Class 4 felony. (Source: P.A. 85‑1447.)

(720 ILCS 5/11‑19) (from Ch. 38, par. 11‑19)     Sec. 11‑19. Pimping.     (a) Any person who receives any money, property, token, object, or article or anything of value from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping.     (b) Sentence.     Pimping is a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11‑14, 11‑15, 11‑17, 11‑18 and 11‑18.1 of this Code is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.     (c) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 4 felony. (Source: P.A. 91‑274, eff. 1‑1‑00; 91‑498, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/11‑19.1) (from Ch. 38, par. 11‑19.1)     Sec. 11‑19.1. Juvenile Pimping and aggravated juvenile pimping.     (a) A person commits the offense of juvenile pimping if the person knowingly receives any form of consideration derived from the practice of prostitution, in whole or in part, and         (1) the prostitute was under the age of 16 at the

time the act of prostitution occurred; or

(2) the prostitute was a severely or profoundly

mentally retarded person at the time the act of prostitution occurred.

(b) A person commits the offense of aggravated juvenile pimping if the person knowingly receives any form of consideration derived from the practice of prostitution, in whole or in part, and the prostitute was under the age of 13 at the time the act of prostitution occurred.     (c) It is an affirmative defense to a charge of juvenile pimping that the accused reasonably believed the person was of the age of 16 years or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.     (d) Sentence.     A person who commits a violation of subsection (a) is guilty of a Class 1 felony. A person who commits a violation of subsection (b) is guilty of a Class X felony. (Source: P.A. 92‑434, eff. 1‑1‑02; 93‑696, eff. 1‑1‑05.)

    (720 ILCS 5/11‑19.2)(from Ch. 38, par. 11‑19.2)
    Sec. 11‑19.2. Exploitation of a child.
    (A) A person commits exploitation of a child when he or she confines a child under the age of 16 or a severely or profoundly mentally retarded person against his or her will by the infliction or threat of imminent infliction of great bodily harm, permanent disability or disfigurement or by administering to the child or severely or profoundly mentally retarded person without his or her consent or by threat or deception and for other than medical purposes, any alcoholic intoxicant or a drug as defined in the Illinois Controlled Substances Act or the Cannabis Control Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act and:
        (1) compels the child or severely or profoundly

mentally retarded person to become a prostitute; or

(2) arranges a situation in which the child or

severely or profoundly mentally retarded person may practice prostitution; or

(3) receives any money, property, token, object, or

article or anything of value from the child or severely or profoundly mentally retarded person knowing it was obtained in whole or in part from the practice of prostitution.

(B) For purposes of this Section, administering drugs, as defined in subsection (A), or an alcoholic intoxicant to a child under the age of 13 or a severely or profoundly mentally retarded person shall be deemed to be without consent if such administering is done without the consent of the parents or legal guardian.     (C) Exploitation of a child is a Class X felony.     (D) Any person convicted under this Section is subject to the forfeiture provisions of Section 11‑20.1A of this Act. (Source: P.A. 94‑556, eff. 9‑11‑05.)

(720 ILCS 5/11‑20) (from Ch. 38, par. 11‑20)     Sec. 11‑20. Obscenity. (a) Elements of the Offense. A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:     (1) Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or     (2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or     (3) Publishes, exhibits or otherwise makes available anything obscene; or     (4) Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or     (5) Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or     (6) Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.     (b) Obscene Defined.     Any material or performance is obscene if: (1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and (2) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific value.     (c) Interpretation of Evidence.     Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.     Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political or scientific value.     In any prosecution for an offense under this Section evidence shall be admissible to show:     (1) The character of the audience for which the material was designed or to which it was directed;     (2) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;     (3) The artistic, literary, scientific, educational or other merits of the material, or absence thereof;     (4) The degree, if any, of public acceptance of the material in this State;     (5) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;     (6) Purpose of the author, creator, publisher or disseminator.     (d) Sentence.     Obscenity is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.     (e) Prima Facie Evidence.     The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than 3 copies of obscene material shall be prima facie evidence of an intent to disseminate.     (f) Affirmative Defenses.     It shall be an affirmative defense to obscenity that the dissemination:     (1) Was not for gain and was made to personal associates other than children under 18 years of age;     (2) Was to institutions or individuals having scientific or other special justification for possession of such material.     (g) Forfeiture of property:     (1) Legislative Declaration. Obscenity is a far‑reaching and extremely profitable crime. This crime persists despite the threat of prosecution and successful prosecution because existing sanctions do not effectively reach the money and other assets generated by it. It is therefore necessary to supplement existing sanctions by mandating forfeiture of money and other assets generated by this crime. Forfeiture diminishes the financial incentives which encourage and sustain obscenity and secures for the State, local government and prosecutors a resource for prosecuting these crimes.     (2) Definitions.     (i) "Person" means an individual, partnership, private corporation, public, municipal, governmental or quasi‑municipal corporation, unincorporated association, trustee or receiver.     (ii) "Property" means:     (a) real estate, including things growing on, affixed to and found in land, and any kind of interest therein; and     (b) tangible and intangible personal property, including rights, privileges, interests, claims and securities.     (3) Forfeiture of Property. Any person who has been convicted previously of the offense of obscenity and who shall be convicted of a second or subsequent offense of obscenity shall forfeit to the State of Illinois:     (i) Any property constituting or derived from any proceeds such person obtained, directly or indirectly, as a result of such offense; and     (ii) Any of the person's property used in any manner, wholly or in part, to commit such offense.     (4) Forfeiture Hearing. At any time following a second or subsequent conviction for obscenity, the court shall, upon petition by the Attorney General or the State's Attorney, conduct a hearing to determine whether there is any property that is subject to forfeiture as provided hereunder. At the forfeiture hearing the People shall have the burden of establishing by preponderance of the evidence that such property is subject to forfeiture.     (5) Prior Restraint.     Nothing in this subsection shall be construed as authorizing the prior restraint of any showing, performance or exhibition of allegedly obscene films, plays or other presentations or of any sale or distribution of allegedly obscene materials.     (6) Seizure, Sale and Distribution of the Property.     (i) Upon a determination under subparagraph (4) that there is property subject to forfeiture, the court shall authorize the Attorney General or the State's Attorney, except as provided in this Section, to seize all property declared forfeited upon terms and conditions as the court shall deem proper.     (ii) The Attorney General or State's Attorney is authorized to sell all property forfeited and seized pursuant to this Article, and, after the deduction of all requisite expenses of administration and sale, shall distribute the proceeds of such sale, along with any moneys forfeited or seized, in accordance with subparagraph (iii) hereof. If the Attorney General or State's Attorney believes any such property describes, depicts or portrays any of the acts or activities described in subsection (b) of this Section, he shall apply to the court for an order to destroy such property, and if the court determines the property describes, depicts or portrays such acts it shall order the Attorney General or State's Attorney to destroy such property.     (iii) All monies and the sale proceeds of all other property forfeited and seized pursuant hereto shall be distributed as follows:     (a) Fifty percent shall be distributed to the unit of local government whose officers or employees conducted the investigation into and caused the arrest or arrests and prosecution leading to the forfeiture, or, if the investigations, arrest or arrests and prosecution leading to the forfeiture were undertaken by the sheriff, this portion shall be distributed to the county for deposit in a special fund in the county treasury appropriated to the sheriff. Amounts distributed to the county for the sheriff or to the units of local government hereunder shall be used for enforcement of laws or ordinances governing obscenity and child pornography. In the event, however, that the investigation, arrest or arrests and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided hereunder shall be paid into the State treasury to be used for enforcement of laws governing obscenity and child pornography.     (b) Twenty‑five percent shall be distributed to the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws governing obscenity and child pornography.     (c) Twenty‑five percent shall be distributed to the Office of the State's Attorneys Appellate Prosecutor and deposited in the Obscenity Profits Forfeiture Fund, which is hereby created in the State Treasury, to be used by the Office of the State's Attorneys Appellate Prosecutor for additional expenses incurred in prosecuting appeals arising under Sections 11‑20 and 11‑20.1 of the Criminal Code of 1961. Any amounts remaining in the Fund after all additional expenses have been paid shall be used by the Office to reduce the participating county contributions to the Office on a pro‑rated basis as determined by the board of governors of the Office of the State's Attorneys Appellate Prosecutor based on the populations of the participating counties.     (7) Construction of subsection (g).     It shall be the intent of the General Assembly that this subsection be liberally construed so as to effect its purposes. The forfeiture of property and other remedies hereunder shall be considered to be in addition, and not exclusive of any sentence or other remedy provided by law. Subsection (g) of this Section shall not apply to any property of a public library or any property of a library operated by an institution accredited by a generally recognized accrediting agency. (Source: P.A. 85‑1014.)

    (720 ILCS 5/11‑20.1)(from Ch. 38, par. 11‑20.1)
    Sec. 11‑20.1. Child pornography.
    (a) A person commits the offense of child pornography who:
        (1) films, videotapes, photographs, or otherwise

depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person where such child or severely or profoundly mentally retarded person is:

(i) actually or by simulation engaged in any act

of sexual penetration or sexual conduct with any person or animal; or

(ii) actually or by simulation engaged in any

act of sexual penetration or sexual conduct involving the sex organs of the child or severely or profoundly mentally retarded person and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child or severely or profoundly mentally retarded person and the sex organs of another person or animal; or

(iii) actually or by simulation engaged in any

act of masturbation; or

(iv) actually or by simulation portrayed as

being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or

(v) actually or by simulation engaged in any act

of excretion or urination within a sexual context; or

(vi) actually or by simulation portrayed or

depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or

(vii) depicted or portrayed in any pose, posture

or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person; or

(2) with the knowledge of the nature or content

thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses with intent to disseminate any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(3) with knowledge of the subject matter or theme

thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(4) solicits, uses, persuades, induces, entices, or

coerces any child whom he knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(5) is a parent, step‑parent, legal guardian or

other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly mentally retarded person to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(6) with knowledge of the nature or content thereof,

possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(7) solicits, uses, persuades, induces, entices, or

coerces a person to provide a child under the age of 18 or a severely or profoundly mentally retarded person to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection.

(b) (1) It shall be an affirmative defense to a charge

of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under this Section, he took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable.

(2) (Blank).         (3) The charge of child pornography shall not apply

to the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers.

(4) Possession by the defendant of more than one of

the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted shall raise a rebuttable presumption that the defendant possessed such materials with the intent to disseminate them.

(5) The charge of child pornography does not apply

to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a film, videotape, or visual reproduction or depiction for a sufficient time to be able to terminate his or her possession.

(c) Violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Violation of paragraph (3) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. Violation of paragraph (2) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. Violation of paragraph (6) of subsection (a) is a Class 3 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.     (d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person. The examiner shall report to the court whether treatment of the person is necessary.     (e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36‑1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft.     (e‑5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e‑5) may object to the motion.     (f) Definitions. For the purposes of this Section:         (1) "Disseminate" means (i) to sell, distribute,

exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.

(2) "Produce" means to direct, promote, advertise,

publish, manufacture, issue, present or show.

(3) "Reproduce" means to make a duplication or copy.         (4) "Depict by computer" means to generate or

create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

(5) "Depiction by computer" means a computer program

or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

(6) "Computer", "computer program", and "data" have

the meanings ascribed to them in Section 16D‑2 of this Code.

(7) "Child" includes a film, videotape, photograph,

or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18.

(8) "Sexual penetration" and "sexual conduct" have

the meanings ascribed to them in Section 12‑12 of this Code.

(g) Re‑enactment; findings; purposes.         (1) The General Assembly finds and declares that:             (i) Section 50‑5 of Public Act 88‑680, effective

January 1, 1995, contained provisions amending the child pornography statute, Section 11‑20.1 of the Criminal Code of 1961. Section 50‑5 also contained other provisions.

(ii) In addition, Public Act 88‑680 was entitled

"AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.

(iii) On September 22, 1998, the Third District

Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88‑680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.

(iv) Child pornography is a vital concern to the

people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.

(2) It is the purpose of this amendatory Act of 1999

to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88‑680 by re‑enacting the Section relating to child pornography that was included in Public Act 88‑680.

(3) This amendatory Act of 1999 re‑enacts Section

11‑20.1 of the Criminal Code of 1961, as it has been amended. This re‑enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.

(4) The re‑enactment by this amendatory Act of 1999

of Section 11‑20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88‑680 is not intended, and shall not be construed, to imply that Public Act 88‑680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re‑enacted by other Public Acts.

(Source: P.A. 94‑366, eff. 7‑29‑05.)

(720 ILCS 5/11‑20.1A) (from Ch. 38, par. 11‑20.1A)     Sec. 11‑20.1A. Forfeitures.     (a) A person who commits the offense of keeping a place of juvenile prostitution, exploitation of a child, or child pornography under Section 11‑17.1, 11‑19.2, or 11‑20.1 of this Code shall forfeit to the State of Illinois:         (1) Any profits or proceeds and any interest or

property he or she has acquired or maintained in violation of Section 11‑17.1, 11‑19.2, or 11‑20.1 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, or child pornography.

(2) Any interest in, security of, claim against, or

property or contractual right of any kind affording a source of influence over any enterprise that he or she has established, operated, controlled, or conducted in violation of Section 11‑17.1, 11‑19.2, or 11‑20.1 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, or child pornography.

(3) Any computer that contains a depiction of child

pornography in any encoded or decoded format in violation of Section 11‑20.1 of this Code. For purposes of this paragraph (3), "computer" has the meaning ascribed to it in Section 16D‑2 of this Code.

(b) (1) The court shall, upon petition by the Attorney

General or State's Attorney at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this Section. At the forfeiture hearing the people shall have the burden of establishing, by a preponderance of the evidence, that property or property interests are subject to forfeiture under this Section.

(2) In any action brought by the People of the State

of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with keeping a place of juvenile prostitution, exploitation of a child or child pornography shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and whether the property or interest is subject to forfeiture pursuant to this Section. In order to make such a determination, prior to entering any such order, the court shall conduct a hearing without a jury, wherein the People shall establish that there is: (i) probable cause that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and (ii) probable cause that any property or interest may be subject to forfeiture pursuant to this Section. Such hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People, at any stage in the proceedings. The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography or the return of an indictment by a grand jury charging the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography as sufficient evidence of probable cause as provided in item (i) above. Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this Section. The Attorney General or State's Attorney shall file a certified copy of such restraining order, injunction or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant or an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or prohibition or other action. The court may release such property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission for good cause shown and within the sound discretion of the court.

A forfeiture under this Section may be commenced by

the Attorney General or a State's Attorney.

(3) Upon conviction of a person of keeping a place

of juvenile prostitution, exploitation of a child or child pornography, the court shall authorize the Attorney General to seize all property or other interest declared forfeited under this Section upon such terms and conditions as the court shall deem proper.

(4) The Attorney General is authorized to sell all

property forfeited and seized pursuant to this Section, unless such property is required by law to be destroyed or is harmful to the public, and, after the deduction of all requisite expenses of administration and sale, shall distribute the proceeds of such sale, along with any moneys forfeited or seized, in accordance with subsection (c) of this Section.

(c) All monies forfeited and the sale proceeds of all other property forfeited and seized under this Section shall be distributed as follows:         (1) One‑half shall be divided equally among all

State agencies and units of local government whose officers or employees conducted the investigation which resulted in the forfeiture; and

(2) One‑half shall be deposited in the Violent Crime

Victims Assistance Fund.

(Source: P.A. 91‑229, eff. 1‑1‑00; 92‑175, eff. 1‑1‑02.)

(720 ILCS 5/11‑20.2) (from Ch. 38, par. 11‑20.2)     Sec. 11‑20.2. Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, videotape, negative or slide which depicts a child whom the processor knows or reasonably should know to be under the age of 18 where such child is:     (i) actually or by simulation engaged in any act of sexual intercourse with any person or animal; or     (ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child and the sex organs of another person or animal; or     (iii) actually or by simulation engaged in any act of masturbation; or     (iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or     (v) actually or by simulation engaged in any act of excretion or urination within a sexual context; or     (vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; shall report such instance to a peace officer immediately or as soon as possible. Failure to make such report shall be a business offense with a fine of $1,000. (Source: P.A. 84‑1280.)

    (720 ILCS 5/11‑21)(from Ch. 38, par. 11‑21)
    Sec. 11‑21. Harmful material.
    (a) As used in this Section:
        "Distribute" means transfer possession of, whether

with or without consideration.

"Harmful to minors" means that quality of any

description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado‑masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.

"Knowingly" means having knowledge of the contents of

the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.

"Material" means (i) any picture, photograph,

drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.

"Minor" means any person under the age of 18.         "Nudity" means the showing of the human male or

female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.

"Sado‑masochistic abuse" means flagellation or

torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.

"Sexual conduct" means acts of masturbation, sexual

intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

"Sexual excitement" means the condition of human male

or female genitals when in a state of sexual stimulation or arousal.

(b) A person is guilty of distributing harmful material to a minor when he or she:         (1) knowingly sells, lends, distributes, or gives

away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:

(A) any material which depicts nudity, sexual

conduct or sado‑masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado‑masochistic abuse, and which taken as a whole is harmful to minors;

(B) a motion picture, show, or other presentation

which depicts nudity, sexual conduct or sado‑masochistic abuse and is harmful to minors; or

(C) an admission ticket or pass to premises where

there is exhibited or to be exhibited such a motion picture, show, or other presentation; or

(2) admits a minor to premises where there is

exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.

(c) In any prosecution arising under this Section, it is an affirmative defense:         (1) that the minor as to whom the offense is alleged

to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;

(2) that the defendant was in a parental or

guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;

(3) that the defendant was a bona fide school,

museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;

(4) that the act charged was committed in aid of

legitimate scientific or educational purposes; or

(5) that an advertisement of harmful material as

defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: "NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State."

(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.     (e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.     (f) Any person under the age of 18 that falsely states, either orally or in writing, that he or she is not under the age of 18, or that presents or offers to any person any evidence of age and identity that is false or not actually his or her own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor. (Source: P.A. 94‑315, eff. 1‑1‑06.)

(720 ILCS 5/11‑22) (from Ch. 38, par. 11‑22)     Sec. 11‑22. Tie‑in sales of obscene publications to distributors.     Any person, firm or corporation, or any agent, officer or employee thereof, engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealers, who shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of a petty offense. Each publication sold or delivered in violation of this Act shall constitute a separate petty offense. (Source: P. A. 77‑2638.)

(720 ILCS 5/11‑23)     Sec. 11‑23. Posting of identifying information on a pornographic Internet site.     (a) A person at least 17 years of age who discloses on an adult obscenity or child pornography Internet site the name, address, telephone number, or e‑mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of the offense of posting of identifying information on a pornographic Internet site.     (b) Sentence. A person who violates this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense.     (c) Definitions. For purposes of this Section:         (1) "Adult obscenity or child pornography Internet

site" means a site on the Internet that contains material that is obscene as defined in Section 11‑20 of this Code or that is child pornography as defined in Section 11‑20.1 of this Code.

(2) "Internet" includes the World Wide Web,

electronic mail, a news group posting, or Internet file transfer.

(Source: P.A. 91‑222, eff. 7‑22‑99.)

(720 ILCS 5/11‑24)     Sec. 11‑24. Child photography by sex offender.     (a) In this Section:         "Child" means a person under 18 years of age.         "Child sex offender" has the meaning ascribed to it

in Section 11‑9.3 of this Code.

(b) It is unlawful for a child sex offender to

knowingly:

(1) conduct or operate any type of business in

which he or she photographs, videotapes, or takes a digital image of a child; or

(2) conduct or operate any type of business in

which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child.

(c) Sentence. A violation of this Section is a Class 2

felony.

(Source: P.A. 93‑905, eff. 1‑1‑05.)

      (720 ILCS 5/Art. 12 heading)
ARTICLE 12. BODILY HARM

(720 ILCS 5/12‑1) (from Ch. 38, par. 12‑1)     Sec. 12‑1. Assault.     (a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.     (b) Sentence. Assault is a Class C misdemeanor.     (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.     This subsection does not apply when the court imposes a sentence of incarceration. (Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

    (720 ILCS 5/12‑2)(from Ch. 38, par. 12‑2)
    (Text of Section from P.A. 94‑243)
    Sec. 12‑2. Aggravated assault.
    (a) A person commits an aggravated assault, when, in committing an assault, he:
        (1) Uses a deadly weapon or any device manufactured

and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;

(2) Is hooded, robed or masked in such manner as to

conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm;

(3) Knows the individual assaulted to be a teacher

or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) Knows the individual assaulted to be a

supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;

(5) Knows the individual assaulted to be a

caseworker, investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;

(6) Knows the individual assaulted to be a peace

officer, or a community policing volunteer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman;

(7) Knows the individual assaulted to be an

emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties;

(8) Knows the individual assaulted to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(9) Or the individual assaulted is on or about a

public way, public property, or public place of accommodation or amusement;

(10) Knows the individual assaulted to be an

employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee;

(11) Knowingly and without legal justification,

commits an assault on a physically handicapped person;

(12) Knowingly and without legal justification,

commits an assault on a person 60 years of age or older;

(13) Discharges a firearm;         (14) Knows the individual assaulted to be a

correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties;

(15) Knows the individual assaulted to be a

correctional employee or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while the employee is engaged in the execution of any of his or her official duties, or to prevent the employee from performing his or her official duties, or in retaliation for the employee performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the employee or in the direction of a vehicle occupied by the employee;

(16) Knows the individual assaulted to be an

employee of a police or sheriff's department engaged in the performance of his or her official duties as such employee; or

(17) Knows the individual assaulted to be a sports

official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor playing field at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. For the purposes of this paragraph (17), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the athletic contest.

(18) Knows the individual assaulted to be an

emergency management worker, while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the emergency management worker or in the direction of a vehicle occupied by the emergency management worker.

(a‑5) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.     (b) Sentence.     Aggravated assault as defined in paragraphs (1) through (5) and (8) through (12) and (17) of subsection (a) of this Section is a Class A misdemeanor. Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection (a) of this Section and as defined in subsection (a‑5) of this Section is a Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is not used in the commission of the assault. Aggravated assault as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a Class 4 felony if a firearm is used in the commission of the assault. (Source: P.A. 93‑692, eff. 1‑1‑05; 94‑243, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑482)     Sec. 12‑2. Aggravated assault.     (a) A person commits an aggravated assault, when, in committing an assault, he:         (1) Uses a deadly weapon or any device manufactured

and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;

(2) Is hooded, robed or masked in such manner as to

conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm;

(3) Knows the individual assaulted to be a teacher

or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) Knows the individual assaulted to be a

supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;

(5) Knows the individual assaulted to be a

caseworker, investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;

(6) Knows the individual assaulted to be a peace

officer, or a community policing volunteer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman;

(7) Knows the individual assaulted to be an

emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties;

(8) Knows the individual assaulted to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(9) Or the individual assaulted is on or about a

public way, public property, or public place of accommodation or amusement;

(9.5) Is, or the individual assaulted is, in or about

a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue;

(10) Knows the individual assaulted to be an

employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee;

(11) Knowingly and without legal justification,

commits an assault on a physically handicapped person;

(12) Knowingly and without legal justification,

commits an assault on a person 60 years of age or older;

(13) Discharges a firearm;         (14) Knows the individual assaulted to be a

correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties;

(15) Knows the individual assaulted to be a

correctional employee or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while the employee is engaged in the execution of any of his or her official duties, or to prevent the employee from performing his or her official duties, or in retaliation for the employee performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the employee or in the direction of a vehicle occupied by the employee;

(16) Knows the individual assaulted to be an

employee of a police or sheriff's department engaged in the performance of his or her official duties as such employee; or

(17) Knows the individual assaulted to be a sports

official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor playing field at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. For the purposes of this paragraph (17), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the athletic contest.

(a‑5) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.     (b) Sentence.     Aggravated assault as defined in paragraphs (1) through (5) and (8) through (12) and (17) of subsection (a) of this Section is a Class A misdemeanor. Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection (a) of this Section and as defined in subsection (a‑5) of this Section is a Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), and (16) of subsection (a) of this Section is a Class A misdemeanor if a firearm is not used in the commission of the assault. Aggravated assault as defined in paragraphs (6), (7), and (16) of subsection (a) of this Section is a Class 4 felony if a firearm is used in the commission of the assault. (Source: P.A. 93‑692, eff. 1‑1‑05; 94‑482, eff. 1‑1‑06.)

(720 ILCS 5/12‑2.5)     Sec. 12‑2.5. Vehicular Endangerment.     (a) Any person who with the intent to strike a motor vehicle causes by any means an object to fall from an overpass in the direction of a moving motor vehicle traveling upon any highway in this State, if that object strikes a motor vehicle, is guilty of vehicular endangerment.     (b) Sentence. Vehicular endangerment is a Class 2 felony, except when death results. If death results, vehicular endangerment is a Class 1 felony.     (c) Definitions. For purposes of this Section:     "Object" means any object or substance that by its size, weight, or consistency is likely to cause great bodily harm to any occupant of a motor vehicle.     "Overpass" means any structure that passes over a highway.     "Motor vehicle" and "highway" have the meanings as defined in the Illinois Vehicle Code. (Source: P.A. 88‑467.)

    (720 ILCS 5/12‑2.6)
    Sec. 12‑2.6. Use of a dangerous place for the commission of a controlled substance or cannabis offense.
    (a) A person commits the offense of use of a dangerous place for the commission of a controlled substance or cannabis offense when that person knowingly exercises control over any place with the intent to use that place to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance or controlled substance analog in violation of Section 401 of the Illinois Controlled Substances Act or to manufacture, produce, deliver, or possess with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act and:
        (1) the place, by virtue of the presence of the

substance or substances used or intended to be used to manufacture a controlled or counterfeit substance, controlled substance analog, or cannabis, presents a substantial risk of injury to any person from fire, explosion, or exposure to toxic or noxious chemicals or gas; or

(2) the place used or intended to be used to

manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis has located within it or surrounding it devices, weapons, chemicals, or explosives designed, hidden, or arranged in a manner that would cause a person to be exposed to a substantial risk of great bodily harm.

(b) It may be inferred that a place was intended to be used to manufacture a controlled or counterfeit substance or controlled substance analog if a substance containing a controlled or counterfeit substance or controlled substance analog or a substance containing a chemical important to the manufacture of a controlled or counterfeit substance or controlled substance analog is found at the place of the alleged illegal controlled substance manufacturing in close proximity to equipment or a chemical used for facilitating the manufacture of the controlled or counterfeit substance or controlled substance analog that is alleged to have been intended to be manufactured.     (c) As used in this Section, "place" means a premises, conveyance, or location that offers seclusion, shelter, means, or facilitation for manufacturing, producing, possessing, or possessing with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis.     (d) Use of a dangerous place for the commission of a controlled substance or cannabis offense is a Class 1 felony. (Source: P.A. 93‑516, eff. 1‑1‑04; 94‑743, eff. 5‑8‑06.)

(720 ILCS 5/12‑3) (from Ch. 38, par. 12‑3)     Sec. 12‑3. Battery.     (a) A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.     (b) Sentence.     Battery is a Class A misdemeanor. (Source: P. A. 77‑2638.)

(720 ILCS 5/12‑3.1) (from Ch. 38, par. 12‑3.1)     Sec. 12‑3.1. Battery of an Unborn Child. (a) A person commits battery of an unborn child if he intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child.     (b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed.     (c) Sentence. Battery of an unborn child is a Class A misdemeanor.     (d) This Section shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. (Source: P.A. 84‑1414.)

    (720 ILCS 5/12‑3.2)(from Ch. 38, par. 12‑3.2)
    Sec. 12‑3.2. Domestic Battery.
    (a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means:
        (1) Causes bodily harm to any family or household

member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended;

(2) Makes physical contact of an insulting or

provoking nature with any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended.

(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12‑3.2) or violation of an order of protection (Section 12‑30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9‑1), attempt to commit first degree murder (Section 8‑4), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (Section 12‑4.4), aggravated battery of a senior citizen (Section 12‑4.6), stalking (Section 12‑7.3), aggravated stalking (Section 12‑7.4), criminal sexual assault (Section 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 12‑16), unlawful restraint (Section 10‑3), aggravated unlawful restraint (Section 10‑3.1), aggravated arson (Section 20‑1.1), or aggravated discharge of a firearm (Section 24‑1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.     (c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), unlawful restraint (Section 10‑3), or aggravated unlawful restraint (Section 10‑3.1) against a family or household member, as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963, shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5‑5‑6 of the Unified Code of Corrections. For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step‑child or who is a minor child residing within or visiting the household of the defendant or victim. For purposes of this Section, "in the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting one of the offenses listed in this subsection. (Source: P.A. 93‑336, eff. 1‑1‑04; 93‑809, eff. 1‑1‑05; 94‑148, eff. 1‑1‑06.)

(720 ILCS 5/12‑3.3)     Sec. 12‑3.3. Aggravated domestic battery.     (a) A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.     (b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years. (Source: P.A. 91‑445, eff. 1‑1‑00.)

    (720 ILCS 5/12‑4)(from Ch. 38, par. 12‑4)
    (Text of Section from P.A. 94‑243)
    Sec. 12‑4. Aggravated Battery.
    (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.
    (b) In committing a battery, a person commits aggravated battery if he or she:
        (1) Uses a deadly weapon other than by the discharge

of a firearm;

(2) Is hooded, robed or masked, in such manner as to

conceal his identity;

(3) Knows the individual harmed to be a teacher or

other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) Knows the individual harmed to be a supervisor,

director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;

(5) Knows the individual harmed to be a caseworker,

investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient, or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;

(6) Knows the individual harmed to be a peace

officer, a community policing volunteer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee or fireman from performing official duties, or in retaliation for the officer, volunteer, employee or fireman performing official duties, and the battery is committed other than by the discharge of a firearm;

(7) Knows the individual harmed to be an emergency

medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;

(8) Is, or the person battered is, on or about a

public way, public property or public place of accommodation or amusement;

(9) Knows the individual harmed to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(10) Knowingly and without legal justification and

by any means causes bodily harm to an individual of 60 years of age or older;

(11) Knows the individual harmed is pregnant;         (12) Knows the individual harmed to be a judge whom

the person intended to harm as a result of the judge's performance of his or her official duties as a judge;

(13) Knows the individual harmed to be an employee

of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee;

(14) Knows the individual harmed to be a person who

is physically handicapped;

(15) Knowingly and without legal justification and

by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code;

(16) Is, or the person battered is, in any building

or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act; or

(17) Knows the individual harmed to be an employee

of a police or sheriff's department engaged in the performance of his or her official duties as such employee.

(18) Knows the individual harmed to be an emergency

management worker engaged in the performance of any of his or her official duties, or to prevent the emergency management worker from performing official duties, or in retaliation for the emergency management worker performing official duties.

For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.     (c) A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance commits aggravated battery.     (d) A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.     (d‑3) A person commits aggravated battery when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.     (d‑5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. For purposes of this subsection (d‑5), "correctional employee" means a person who is employed by a penal institution.     (e) Sentence.     Aggravated battery is a Class 3 felony, except a violation of subsection (a) is a Class 2 felony when the person knows the individual harmed to be a peace officer engaged in the execution of any of his or her official duties, or the battery is to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties. (Source: P.A. 93‑83, eff. 7‑2‑03; 94‑243, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑327)     Sec. 12‑4. Aggravated Battery.     (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.     (b) In committing a battery, a person commits aggravated battery if he or she:         (1) Uses a deadly weapon other than by the discharge

of a firearm;

(2) Is hooded, robed or masked, in such manner as to

conceal his identity;

(3) Knows the individual harmed to be a teacher or

other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) Knows the individual harmed to be a supervisor,

director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;

(5) Knows the individual harmed to be a caseworker,

investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient, or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;

(6) Knows the individual harmed to be a peace

officer, a community policing volunteer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee or fireman from performing official duties, or in retaliation for the officer, volunteer, employee or fireman performing official duties, and the battery is committed other than by the discharge of a firearm;

(7) Knows the individual harmed to be an emergency

medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;

(8) Is, or the person battered is, on or about a

public way, public property or public place of accommodation or amusement;

(9) Knows the individual harmed to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(10) Knows the individual harmed to be an individual

of 60 years of age or older;

(11) Knows the individual harmed is pregnant;         (12) Knows the individual harmed to be a judge whom

the person intended to harm as a result of the judge's performance of his or her official duties as a judge;

(13) Knows the individual harmed to be an employee

of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee;

(14) Knows the individual harmed to be a person who

is physically handicapped;

(15) Knowingly and without legal justification and

by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code;

(16) Is, or the person battered is, in any building

or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act; or

(17) Knows the individual harmed to be an employee

of a police or sheriff's department engaged in the performance of his or her official duties as such employee.

For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.     (c) A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance commits aggravated battery.     (d) A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.     (d‑3) A person commits aggravated battery when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.     (d‑5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. For purposes of this subsection (d‑5), "correctional employee" means a person who is employed by a penal institution.     (e) Sentence.     Aggravated battery is a Class 3 felony, except a violation of subsection (a) is a Class 2 felony when the person knows the individual harmed to be a peace officer engaged in the execution of any of his or her official duties, or the battery is to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties. (Source: P.A. 93‑83, eff. 7‑2‑03; 94‑327, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑333)     Sec. 12‑4. Aggravated Battery.     (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.     (b) In committing a battery, a person commits aggravated battery if he or she:         (1) Uses a deadly weapon other than by the discharge

of a firearm;

(2) Is hooded, robed or masked, in such manner as to

conceal his identity;

(3) Knows the individual harmed to be a teacher or

other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) (Blank);         (5) (Blank);         (6) Knows the individual harmed to be a community

policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;

(7) Knows the individual harmed to be an emergency

medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;

(8) Is, or the person battered is, on or about a

public way, public property or public place of accommodation or amusement;

(9) Knows the individual harmed to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(10) Knowingly and without legal justification and

by any means causes bodily harm to an individual of 60 years of age or older;

(11) Knows the individual harmed is pregnant;         (12) Knows the individual harmed to be a judge whom

the person intended to harm as a result of the judge's performance of his or her official duties as a judge;

(13) (Blank);         (14) Knows the individual harmed to be a person who

is physically handicapped;

(15) Knowingly and without legal justification and

by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code;

(16) Is, or the person battered is, in any building

or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act;

(17) (Blank); or         (18) Knows the individual harmed to be an officer or

employee of the State of Illinois, a unit of local government, or school district engaged in the performance of his or her authorized duties as such officer or employee.

For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.     (c) A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance commits aggravated battery.     (d) A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.     (d‑3) A person commits aggravated battery when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.     (d‑5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. For purposes of this subsection (d‑5), "correctional employee" means a person who is employed by a penal institution.     (e) Sentence.     Aggravated battery is a Class 3 felony, except a violation of subsection (a) is a Class 2 felony when the person knows the individual harmed to be a peace officer engaged in the execution of any of his or her official duties, or the battery is to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties. (Source: P.A. 93‑83, eff. 7‑2‑03; 94‑333, eff. 7‑26‑05.)       (Text of Section from P.A. 94‑363)     Sec. 12‑4. Aggravated Battery.     (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.     (b) In committing a battery, a person commits aggravated battery if he or she:         (1) Uses a deadly weapon other than by the discharge

of a firearm;

(2) Is hooded, robed or masked, in such manner as to

conceal his identity;

(3) Knows the individual harmed to be a teacher or

other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) Knows the individual harmed to be a supervisor,

director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;

(5) Knows the individual harmed to be a caseworker,

investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient, or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;

(6) Knows the individual harmed to be a peace

officer, a community policing volunteer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee or fireman from performing official duties, or in retaliation for the officer, volunteer, employee or fireman performing official duties, and the battery is committed other than by the discharge of a firearm;

(7) Knows the individual harmed to be an emergency

medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;

(8) Is, or the person battered is, on or about a

public way, public property or public place of accommodation or amusement;

(9) Knows the individual harmed to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(10) Knowingly and without legal justification and

by any means causes bodily harm to an individual of 60 years of age or older;

(11) Knows the individual harmed is pregnant;         (12) Knows the individual harmed to be a judge whom

the person intended to harm as a result of the judge's performance of his or her official duties as a judge;

(13) Knows the individual harmed to be an employee

of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee;

(14) Knows the individual harmed to be a person who

is physically handicapped;

(15) Knowingly and without legal justification and

by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code;

(16) Is, or the person battered is, in any building

or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act; or

(17) Knows the individual harmed to be an employee

of a police or sheriff's department engaged in the performance of his or her official duties as such employee.

For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.     (c) A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance commits aggravated battery.     (d) A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.     (d‑3) A person commits aggravated battery when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.     (d‑5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. For purposes of this subsection (d‑5), "correctional employee" means a person who is employed by a penal institution.     (e) Sentence.         (1) Except as otherwise provided in paragraphs (2)

and (3), aggravated battery is a Class 3 felony.

(2) Aggravated battery that does not cause great

bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm.

(3) Aggravated battery that causes great bodily harm

or permanent disability or disfigurement in violation of subsection (a) is a Class 1 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm

(Source: P.A. 93‑83, eff. 7‑2‑03; 94‑363, eff. 7‑29‑05.)       (Text of Section from P.A. 94‑482)     Sec. 12‑4. Aggravated Battery.     (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.     (b) In committing a battery, a person commits aggravated battery if he or she:         (1) Uses a deadly weapon other than by the discharge

of a firearm;

(2) Is hooded, robed or masked, in such manner as to

conceal his identity;

(3) Knows the individual harmed to be a teacher or

other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;

(4) Knows the individual harmed to be a supervisor,

director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;

(5) Knows the individual harmed to be a caseworker,

investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient, or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;

(6) Knows the individual harmed to be a peace

officer, a community policing volunteer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee or fireman from performing official duties, or in retaliation for the officer, volunteer, employee or fireman performing official duties, and the battery is committed other than by the discharge of a firearm;

(7) Knows the individual harmed to be an emergency

medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;

(8) Is, or the person battered is, on or about a

public way, public property or public place of accommodation or amusement;

(8.5) Is, or the person battered is, on a publicly or

privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue;

(9) Knows the individual harmed to be the driver,

operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;

(10) Knowingly and without legal justification and

by any means causes bodily harm to an individual of 60 years of age or older;

(11) Knows the individual harmed is pregnant;         (12) Knows the individual harmed to be a judge whom

the person intended to harm as a result of the judge's performance of his or her official duties as a judge;

(13) Knows the individual harmed to be an employee

of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee;

(14) Knows the individual harmed to be a person who

is physically handicapped;

(15) Knowingly and without legal justification and

by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code;

(16) Is, or the person battered is, in any building

or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act; or

(17) Knows the individual harmed to be an employee

of a police or sheriff's department engaged in the performance of his or her official duties as such employee.

For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.     (c) A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance commits aggravated battery.     (d) A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.     (d‑3) A person commits aggravated battery when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.     (d‑5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. For purposes of this subsection (d‑5), "correctional employee" means a person who is employed by a penal institution.     (e) Sentence.     Aggravated battery is a Class 3 felony, except a violation of subsection (a) is a Class 2 felony when the person knows the individual harmed to be a peace officer engaged in the execution of any of his or her official duties, or the battery is to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties. (Source: P.A. 93‑83, eff. 7‑2‑03; 94‑482, eff. 1‑1‑06.)

(720 ILCS 5/12‑4.1) (from Ch. 38, par. 12‑4.1)     Sec. 12‑4.1. Heinous Battery.     (a) A person who, in committing a battery, knowingly causes severe and permanent disability, great bodily harm or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound commits heinous battery.     (b) Sentence. Heinous battery is a Class X felony for which a person shall be sentenced to a term of imprisonment of no less than 6 years and no more than 45 years. (Source: P.A. 91‑121, eff. 7‑15‑99.)

    (720 ILCS 5/12‑4.2)(from Ch. 38, par. 12‑4.2)
    Sec. 12‑4.2. Aggravated Battery with a firearm.
    (a) A person commits aggravated battery with a firearm when he, in committing a battery, knowingly or intentionally by means of the discharging of a firearm (1) causes any injury to another person, or (2) causes any injury to a person he knows to be a peace officer, a community policing volunteer, a correctional institution employee or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his official duties, or to prevent the officer, volunteer, employee or fireman from performing his official duties, or in retaliation for the officer, volunteer, employee or fireman performing his official duties, or (3) causes any injury to a person he knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties, (4) causes any injury to a person he or she knows to be a teacher or other person employed in a school and the teacher or other employee is upon grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes, or (5) causes any injury to a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a)(1) of this Section is a Class X felony. A violation of subsection (a)(2), subsection (a)(3), subsection (a)(4), or subsection (a)(5) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 15 years and no more than 60 years.
    (c) For purposes of this Section, "firearm" is defined as in "An Act relating to the acquisition, possession and transfer of firearms and firearm ammunition, to provide a penalty for the violation thereof and to make an appropriation in connection therewith", approved August 1, 1967, as amended.
(Source: P.A. 94‑243, eff. 1‑1‑06.)

    (720 ILCS 5/12‑4.2‑5)
    Sec. 12‑4.2‑5. Aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm.     (a) A person commits aggravated battery with a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm when he or she, in committing a battery, knowingly or intentionally by means of the discharging of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm (1) causes any injury to another person, or (2) causes any injury to a person he or she knows to be a peace officer, a person summoned by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties, or (3) causes any injury to a person he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties, or (4) causes any injury to a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a) (1) of this Section is a Class X felony for which the person shall be sentenced to a term of imprisonment of no less than 12 years and no more than 45 years. A violation of subsection (a) (2), subsection (a) (3), or subsection (a) (4) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 20 years and no more than 60 years.
    (c) For purposes of this Section, "firearm" is defined as in the Firearm Owners Identification Card Act.
    (d) For purposes of this Section, "machine gun" has the meaning ascribed to it in clause (i) of paragraph (7) of subsection (a) of Section 24‑1 of this Code.
(Source: P.A. 94‑243, eff. 1‑1‑06.)

(720 ILCS 5/12‑4.3) (from Ch. 38, par. 12‑4.3)     Sec. 12‑4.3. Aggravated battery of a child.     (a) Any person of the age 18 years and upwards who intentionally or knowingly, and without legal justification and by any means, causes great bodily harm or permanent disability or disfigurement to any child under the age of 13 years or to any severely or profoundly mentally retarded person, commits the offense of aggravated battery of a child.     (b) Aggravated battery of a child is a Class X felony, except that:         (1) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(2) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(3) if, during the commission of the offense, the

person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(Source: P.A. 91‑357, eff. 7‑29‑99; 91‑404, eff. 1‑1‑00; 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/12‑4.4) (from Ch. 38, par. 12‑4.4)     Sec. 12‑4.4. Aggravated battery of an unborn child. (a) A person who, in committing battery of an unborn child, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery of an unborn child.     (b) Sentence. Aggravated battery of an unborn child is a Class 2 felony. (Source: P.A. 84‑1414.)

(720 ILCS 5/12‑4.5) (from Ch. 38, par. 12‑4.5)     Sec. 12‑4.5. Tampering with food, drugs or cosmetics. (a) Any person who knowingly puts any substance capable of causing death or great bodily harm to a human being into any food, drug or cosmetic offered for sale or consumption commits the offense of tampering with food, drugs or cosmetics.     (b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony. (Source: P.A. 84‑1428; 84‑1438.)

(720 ILCS 5/12‑4.6) (from Ch. 38, par. 12‑4.6)     Sec. 12‑4.6. Aggravated Battery of a Senior Citizen. (a) A person who, in committing battery, intentionally or knowingly causes great bodily harm or permanent disability or disfigurement to an individual of 60 years of age or older commits aggravated battery of a senior citizen.     (b)  Sentence. Aggravated battery of a senior citizen is a Class 2 felony. (Source: P.A. 85‑1177.)

(720 ILCS 5/12‑4.7) (from Ch. 38, par. 12‑4.7)     Sec. 12‑4.7. Drug induced infliction of great bodily harm.     (a) Any person who violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another commits the offense of drug induced infliction of great bodily harm if any person experiences great bodily harm or permanent disability as a result of the injection, inhalation or ingestion of any amount of that controlled substance.     (b) Drug induced infliction of great bodily harm is a Class 1 felony. (Source: P.A. 92‑256, eff. 1‑1‑02.)

(720 ILCS 5/12‑4.8)     Sec. 12‑4.8. Infected domestic animals. A person who knowingly and willfully brings or causes to be brought into this State sheep or other domestic animals infected with contagious disease, or who knowingly and willfully suffers or permits sheep or other domestic animals infected with contagious disease to run at large, is guilty of a petty offense and is liable in a civil action for all damages occasioned by that conduct. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/12‑4.9)     Sec. 12‑4.9. Drug induced infliction of aggravated battery to a child athlete.     (a) Any person who distributes to or encourages the ingestion of a drug by a person under the age of 18 with the intent that the person under the age of 18 ingest the drug for the purpose of a quick weight gain or loss in connection with participation in athletics is guilty of the offense of drug induced infliction of aggravated battery of a child athlete. This Section does not apply to care under usual and customary standards of medical practice by a physician licensed to practice medicine in all its branches nor to the sale of drugs or products by a retail merchant.     (b) Drug induced infliction of aggravated battery to a child athlete is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. (Source: P.A. 89‑632, eff. 1‑1‑97.)

    (720 ILCS 5/12‑4.10)
    (Text of Section from P.A. 93‑111 and 94‑556)
    Sec. 12‑4.10. (Repealed).
(Source: P.A. 93‑111, eff. 7‑8‑03. Repealed by P.A. 94‑556, eff. 9‑11‑05.)
 
    (Text of Section from P.A. 93‑340 and 94‑556)
    Sec. 12‑4.10. (Repealed).
(Source: P.A. 93‑340, eff. 7‑24‑03. Repealed by P.A. 94‑556, eff. 9‑11‑05.)

    (720 ILCS 5/12‑4.11)
    Sec. 12‑4.11. (Repealed).
(Source: P.A. 93‑340, eff. 7‑24‑03. Repealed by P.A. 94‑556, eff. 9‑11‑05.)

(720 ILCS 5/12‑5) (from Ch. 38, par. 12‑5)     Sec. 12‑5. Reckless conduct.     (a) A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful.     (a‑5) A person who causes great bodily harm or permanent disability or disfigurement by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful.     (b) Sentence.     Reckless conduct under subsection (a) is a Class A misdemeanor. Reckless conduct under subsection (a‑5) is a Class 4 felony. (Source: P.A. 93‑710, eff. 1‑1‑05.)

(720 ILCS 5/12‑5.1) (from Ch. 38, par. 12‑5.1)     Sec. 12‑5.1. Criminal housing management. (a) A person commits the offense of criminal housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person.     (b) Sentence.     Criminal housing management is a Class A misdemeanor. A subsequent conviction for a violation of subsection (a) is a Class 4 felony. (Source: P.A. 85‑341.)

(720 ILCS 5/12‑5.2) (from Ch. 38, par. 12‑5.2)     Sec. 12‑5.2. Injunction.     (a) In addition to any other remedies, the State's Attorney of the county where the residential property which endangers the health or safety of any person exists is authorized to file a complaint and apply to the circuit court for a temporary restraining order, and such circuit court shall upon hearing grant a temporary restraining order or a preliminary or permanent injunction, without bond, restraining any person who owns, manages, or has any equitable interest in the property, from collecting, receiving or benefiting from any rents or other monies available from the property, so long as the property remains in a condition which endangers the health or safety of any person.     (b) The court may order any rents or other monies owed to be paid into an escrow account. The funds are to be paid out of the escrow account only to satisfy the reasonable cost of necessary repairs of the property which had been incurred or will be incurred in ameliorating the condition of the property as described in subsection (a), payment of delinquent real estate taxes on the property or payment of other legal debts relating to the property. The court may order that funds remain in escrow for a reasonable time after the completion of all necessary repairs to assure continued upkeep of the property and satisfaction of other outstanding legal debts of the property.     (c) The owner shall be responsible for contracting to have necessary repairs completed and shall be required to submit all bills, together with certificates of completion, to the manager of the escrow account within 30 days after their receipt by the owner.     (d) In contracting for any repairs required pursuant to this Section the owner of the property shall enter into a contract only after receiving bids from at least 3 independent contractors capable of making the necessary repairs. If the owner does not contract for the repairs with the lowest bidder, he shall file an affidavit with the court explaining why the lowest bid was not acceptable. At no time, under the provisions of this Act, shall the owner contract with anyone who is not a licensed contractor. The court may order release of those funds in the escrow account that are in excess of the monies that the court determines to its satisfaction are needed to correct the condition of the property as described in subsection (a).     (e) The Clerk of the Circuit Court shall maintain a separate trust account entitled "Property Improvement Trust Account", which shall serve as the depository for the escrowed funds prescribed by this Section. The Clerk of the Court shall be responsible for the receipt, disbursement, monitoring and maintenance of all funds entrusted to this account, and shall provide to the court a quarterly accounting of the activities for any property, with funds in such account, unless the court orders accountings on a more frequent basis.     The Clerk of the Circuit Court shall promulgate rules and procedures to administer the provisions of this Act.     (f) Nothing in this Section shall in any way be construed to limit or alter any existing liability incurred, or to be incurred, by the owner or manager except as expressly provided in this Act. Nor shall anything in this Section be construed to create any liability on behalf of the Clerk of the Court, the State's Attorney's office or any other governmental agency involved in this action.     Nor shall anything in this Section be construed to authorize tenants to refrain from paying rent.     (g) Costs. As part of the costs of an action under this Section, the court shall assess a reasonable fee against the defendant to be paid to the Clerk of the Court. This amount is to be used solely for the maintenance of the Property Improvement Trust Account. No money obtained directly or indirectly from the property subject to the case may be used to satisfy this cost.     (h) The municipal building department or other entity responsible for inspection of property and the enforcement of such local requirements shall, within 5 business days of a request by the State's Attorney, provide all documents requested, which shall include, but not be limited to, all records of inspections, permits and other information relating to any property. (Source: P.A. 88‑240.)

(720 ILCS 5/12‑5.5)     Sec. 12‑5.5. Common carriers; gross neglect. Whoever, having personal management or control of or over a steamboat or other public conveyance used for the common carriage of persons, is guilty of gross carelessness or neglect in, or in relation to, the conduct, management, or control of the steamboat or other public conveyance, while being so used for the common carriage of persons, in which the safety of any person is endangered is guilty of a Class 4 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/12‑5.15)     Sec. 12‑5.15. Aggravated criminal housing management.     (a) A person commits the offense of aggravated criminal housing management when he or she commits the offense of criminal housing management; and:         (1) the condition endangering the health or safety of

a person is determined to be a contributing factor in the death of that person; and

(2) the person also conceals or attempts to conceal

the condition that endangered the health or safety of the person that is found to be a contributing factor in that death.

(b) Sentence. Aggravated criminal housing management is a Class 4 felony. (Source: P.A. 93‑852, eff. 8‑2‑04.)

(720 ILCS 5/12‑6) (from Ch. 38, par. 12‑6)     Sec. 12‑6. Intimidation.     (a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he communicates to another, whether in person, by telephone or by mail, a threat to perform without lawful authority any of the following acts:         (1) Inflict physical harm on the person threatened

or any other person or on property; or

(2) Subject any person to physical confinement or

restraint; or

(3) Commit any criminal offense; or         (4) Accuse any person of an offense; or         (5) Expose any person to hatred, contempt or

ridicule; or

(6) Take action as a public official against anyone

or anything, or withhold official action, or cause such action or withholding; or

(7) Bring about or continue a strike, boycott or

other collective action.

(b) Sentence.     Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years. (Source: P.A. 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/12‑6.1) (from Ch. 38, par. 12‑6.1)     Sec. 12‑6.1. Compelling organization membership of persons. A person who expressly or impliedly threatens to do bodily harm or does bodily harm to an individual or to that individual's family or uses any other criminally unlawful means to solicit or cause any person to join, or deter any person from leaving, any organization or association regardless of the nature of such organization or association, is guilty of a Class 2 felony.     Any person of the age of 18 years or older who expressly or impliedly threatens to do bodily harm or does bodily harm to a person under 18 years of age or uses any other criminally unlawful means to solicit or cause any person under 18 years of age to join, or deter any person under 18 years of age from leaving, any organization or association regardless of the nature of such organization or association is guilty of a Class 1 felony.     A person convicted of an offense under this Section shall not be eligible to receive a sentence of probation, conditional discharge, or periodic imprisonment. (Source: P.A. 91‑696, eff. 4‑13‑00.)

(720 ILCS 5/12‑6.2)     Sec. 12‑6.2. Aggravated intimidation.     (a) A person commits the offense of aggravated intimidation when he or she commits the offense of intimidation and:         (1) the person committed the offense in furtherance

of the activities of an organized gang or by the person's membership in or allegiance to an organized gang; or

(2) the offense is committed with the intent to

prevent any person from becoming a community policing volunteer; or

(3) the following conditions are met:             (A) the person knew that the victim was: (i) a

peace officer, (ii) a correctional institution employee, (iii) a fireman; or (iv) a community policing volunteer; and

(B) the offense was committed: (i) while the

victim was engaged in the execution of his or her official duties; or (ii) to prevent the victim from performing his or her official duties; (iii) in retaliation for the victim's performance of his or her official duties; or (iv) by reason of any person's activity as a community policing volunteer.

(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is a Class 1 felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years.     (c) For the purposes of this Section, "streetgang", "streetgang member", and "organized gang" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (Source: P.A. 89‑631, eff. 1‑1‑97; 90‑651, eff. 1‑1‑99; 90‑655, eff. 7‑30‑98.)

(720 ILCS 5/12‑6.3)     Sec. 12‑6.3. Interfering with the reporting of domestic violence.     (a) A person commits the offense of interfering with the reporting of domestic violence when, after having committed an act of domestic violence, he or she prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 9‑1‑1 emergency telephone system, obtaining medical assistance, or making a report to any law enforcement official.     (b) For the purposes of this Section, the following terms shall have the indicated meanings:         (1) "Domestic violence" shall have the meaning

ascribed to it in Section 112A‑3 of the Code of Criminal Procedure of 1963.

(2) "Family or household members" shall have the

meaning ascribed to it in Section 112A‑3 of the Code of Criminal Procedure of 1963.

(c) Sentence. Interfering with the reporting of domestic violence is a Class A misdemeanor. (Source: P.A. 90‑118, eff. 1‑1‑98.)

(720 ILCS 5/12‑6.4)     Sec. 12‑6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds.     (a) A person commits the offense of criminal street gang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so.     (b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony.     (c) In this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act and "school grounds" means the building or buildings or real property comprising a public or private elementary or secondary school, community college, college, or university and includes a school yard, school playing field, or school playground. (Source: P.A. 93‑938, eff. 1‑1‑05.)

(720 ILCS 5/12‑7) (from Ch. 38, par. 12‑7)     Sec. 12‑7. Compelling confession or information by force or threat.     (a) A person who, with intent to obtain a confession, statement or information regarding any offense, inflicts or threatens to inflict physical harm upon the person threatened or upon any other person commits the offense of compelling a confession or information by force or threat.     (b) Sentence.     Compelling a confession or information is a Class 4 felony. (Source: P.A. 77‑2638.)

    (720 ILCS 5/12‑7.1)(from Ch. 38, par. 12‑7.1)
    Sec. 12‑7.1. Hate crime.
    (a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action or disorderly conduct as these crimes are defined in Sections 12‑1, 12‑2, 12‑3, 16‑1, 19‑4, 21‑1, 21‑2, 21‑3, 25‑1, and 26‑1 of this Code, respectively, or harassment by telephone as defined in Section 1‑1 of the Harassing and Obscene Communications Act, or harassment through electronic communications as defined in clauses (a)(2) and (a)(4) of Section 1‑2 of the Harassing and Obscene Communications Act.
    (b) Except as provided in subsection (b‑5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense.
    (b‑5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed:
        (1) in a church, synagogue, mosque, or other

building, structure, or place used for religious worship or other religious purpose;

(2) in a cemetery, mortuary, or other facility used

for the purpose of burial or memorializing the dead;

(3) in a school or other educational facility,

including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;

(4) in a public park or an ethnic or religious

community center;

(5) on the real property comprising any location

specified in clauses (1) through (4) of this subsection (b‑5); or

(6) on a public way within 1,000 feet of the real

property comprising any location specified in clauses (1) through (4) of this subsection (b‑5).

(b‑10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. The court may also impose any other condition of probation or conditional discharge under this Section.     (c) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for actual damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.     (d) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality. (Source: P.A. 93‑463, eff. 8‑8‑03; 93‑765, eff. 7‑19‑04; 94‑80, eff. 6‑27‑05.)

(720 ILCS 5/12‑7.2) (from Ch. 38, par. 12‑7.2)     Sec. 12‑7.2. Educational intimidation. (a) A person commits educational intimidation when he knowingly interferes with the right of any child who is or is believed to be afflicted with a chronic infectious disease to attend or participate in the activities of an elementary or secondary school in this State:     (1) by actual or threatened physical harm to the person or property of the child or the child's family; or     (2) by impeding or obstructing the child's right of ingress to, egress from, or freedom of movement at school facilities or activities; or     (3) by exposing or threatening to expose the child, or the family or friends of the child, to public hatred, contempt or ridicule.     (b) Subsection (a) does not apply to the actions of school officials or the school's infectious disease review team who are acting within the course of their professional duties and in accordance with applicable law.     (c) Educational intimidation is a Class C misdemeanor, except that a second or subsequent offense shall be a Class A misdemeanor.     (d) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of educational intimidation may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages awarded against such minor under this subsection (d) in any amount not exceeding the amount provided under Section of the Parental Responsibility Law. (Source: P.A. 86‑890.)

(720 ILCS 5/12‑7.3) (from Ch. 38, par. 12‑7.3)     Sec. 12‑7.3. Stalking.     (a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:         (1) at any time transmits a threat of immediate or

future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or

(2) places that person in reasonable apprehension of

immediate or future bodily harm, sexual assault, confinement or restraint; or

(3) places that person in reasonable apprehension

that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

(a‑5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:         (1) follows that same person or places that same

person under surveillance; and

(2) transmits a threat of immediate or future bodily

harm, sexual assault, confinement or restraint; and

(3) the threat is directed towards that person or a

family member of that person.

(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony.     (b‑5) The incarceration of a person in a penal institution who transmits a threat is not a bar to prosecution under this Section.     (c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.     (d) For the purpose of this Section, a defendant "places a person under surveillance" by remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant.     (e) For the purpose of this Section, "follows another person" means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person" does not include a following within the residence of the defendant.     (f) For the purposes of this Section and Section 12‑7.4, "bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.     (g) For the purposes of this Section, "transmits a threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.     (h) For the purposes of this Section, "family member" means a parent, grandparent, brother, sister, or child, whether by whole blood, half‑blood, or adoption and includes a step‑grandparent, step‑parent, step‑brother, step‑sister or step‑child. "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household. (Source: P.A. 91‑640, eff. 8‑20‑99; 92‑827, eff. 8‑22‑02.)

(720 ILCS 5/12‑7.4) (from Ch. 38, par. 12‑7.4)     Sec. 12‑7.4. Aggravated stalking.     (a) A person commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:         (1) causes bodily harm to the victim;         (2) confines or restrains the victim; or         (3) violates a temporary restraining order, an order

of protection, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.

(b) Sentence. Aggravated stalking is a Class 3 felony. A second or subsequent conviction for aggravated stalking is a Class 2 felony.     (c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.     (d) For purposes of this Section, "bona fide labor dispute" has the meaning ascribed to it in Section 12‑7.3. (Source: P.A. 88‑402; 88‑677, eff. 12‑15‑94; 89‑377, eff. 8‑18‑95.)

(720 ILCS 5/12‑7.5)     Sec. 12‑7.5. Cyberstalking.     (a) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:         (1) at any time transmits a threat of immediate or

future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or

(2) places that person or a family member of that

person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint.

(b) As used in this Section:     "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.     "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electronmagnetic, photoelectric, or photo‑optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.     (c) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony. (Source: P.A. 92‑199, eff. 8‑1‑01.)

(720 ILCS 5/12‑7.6)     Sec. 12‑7.6. Cross burning.     (a) A person commits the offense of cross burning who, with the intent to intimidate any other person or group of persons, burns or causes to be burned a cross.     (b) Sentence. Cross burning is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.     (c) For the purposes of this Section, a person acts with the "intent to intimidate" when he or she intentionally places or attempts to place another person in fear of physical injury or fear of damage to that other person's property. (Source: P.A. 93‑764, eff. 1‑1‑05.)

(720 ILCS 5/12‑8) (from Ch. 38, par. 12‑8)     Sec. 12‑8. (Repealed). (Source: P.A. 77‑2638. Repealed by P.A. 89‑657, eff. 8‑14‑96.)

(720 ILCS 5/12‑9) (from Ch. 38, par. 12‑9)     Sec. 12‑9. Threatening public officials.     (a) A person commits the offense of threatening a public official when:         (1) that person knowingly and willfully delivers or

conveys, directly or indirectly, to a public official by any means a communication:

(i) containing a threat that would place the

public official or a member of his or her immediate family in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or

(ii) containing a threat that would place the

public official or a member of his or her immediate family in reasonable apprehension that damage will occur to property in the custody, care, or control of the public official or his or her immediate family; and

(2) the threat was conveyed because of the

performance or nonperformance of some public duty, because of hostility of the person making the threat toward the status or position of the public official, or because of any other factor related to the official's public existence.

(b) For purposes of this Section:         (1) "Public official" means a person who is elected

to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. "Public official" includes a duly appointed assistant State's Attorney.

(2) "Immediate family" means a public official's

spouse or child or children.

(c) Threatening a public official is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense. (Source: P.A. 91‑335, eff. 1‑1‑00; 91‑387, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)

    (720 ILCS 5/12‑10)(from Ch. 38, par. 12‑10)
    Sec. 12‑10. Tattooing Body of Minor.
    (a) Any person, other than a person licensed to practice medicine in all its branches, who tattoos or offers to tattoo a person under the age of 18 is guilty of a Class A misdemeanor.
    (b) Any person who is an owner or employed by a business that performs tattooing, other than a person licensed to practice medicine in all its branches, may not permit a person under 18 years of age to enter or remain on the premises where tattooing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian. A violation of this subsection (b) is a Class A misdemeanor.
    (c) As used in this Section, to "tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
    (d) Subsection (a) of this Section does not apply to a person under 18 years of age who tattoos or offers to tattoo another person under 18 years of age away from the premises of any business at which tattooing is performed.
(Source: P.A. 94‑684, eff. 1‑1‑06.)

    (720 ILCS 5/12‑10.1)
    Sec. 12‑10.1. Piercing the body of a minor.
    (a)(1) Any person who pierces the body or oral cavity of

a person under 18 years of age without written consent of a parent or legal guardian of that person commits the offense of piercing the body of a minor. Before the oral cavity of a person under 18 years of age may be pierced, the written consent form signed by the parent or legal guardian must contain a provision in substantially the following form:

"I understand that the oral piercing of the tongue,

lips, cheeks, or any other area of the oral cavity carries serious risk of infection or damage to the mouth and teeth, or both infection and damage to those areas, that could result but is not limited to nerve damage, numbness, and life threatening blood clots.".

A person who pierces the oral cavity of a person under

18 years of age without obtaining a signed written consent form from a parent or legal guardian of the person that includes the provision describing the health risks of body piercing, violates this Section.

(1.5) Any person who is an owner or employed by a

business that performs body piercing may not permit a person under 18 years of age to enter or remain on the premises where body piercing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.

(2) Sentence. A violation of clause (a)(1) or (a)(1.5) of

this Section is a Class A misdemeanor.

(b) Definition. As used in this Section, to "pierce" means to make a hole in the body or oral cavity in order to insert or allow the insertion of any ring, hoop, stud, or other object for the purpose of ornamentation of the body. "Piercing" does not include tongue splitting as defined in Section 12‑10.2.     (c) Exceptions. This Section may not be construed in any way to prohibit any injection, incision, acupuncture, or similar medical or dental procedure performed by a licensed health care professional or other person authorized to perform that procedure or the presence on the premises where that procedure is being performed by a health care professional or other person authorized to perform that procedure of a person under 18 years of age who is not accompanied by a parent or legal guardian. This Section does not prohibit ear piercing. This Section does not apply to a minor emancipated under the Juvenile Court Act of 1987 or the Emancipation of Minors Act or by marriage. This Section does not apply to a person under 18 years of age who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which body piercing or oral cavity piercing is performed. (Source: P.A. 93‑449, eff. 1‑1‑04; 94‑684, eff. 1‑1‑06.)

(720 ILCS 5/12‑10.2)     Sec. 12‑10.2. Tongue splitting.     (a) In this Section, "tongue splitting" means the cutting of a human tongue into 2 or more parts.     (b) A person may not perform tongue splitting on another person unless the person performing the tongue splitting is licensed to practice medicine in all its branches under the Medical Practice Act of 1987 or licensed under the Illinois Dental Practice Act.     (c) Sentence. Tongue splitting performed in violation of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. (Source: P.A. 93‑449, eff. 1‑1‑04.)

    (720 ILCS 5/12‑11)(from Ch. 38, par. 12‑11)
    Sec. 12‑11. Home Invasion.
    (a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more persons is present and
        (1) While armed with a dangerous weapon, other than

a firearm, uses force or threatens the imminent use of force upon any person or persons within such dwelling place whether or not injury occurs, or

(2) Intentionally causes any injury, except as

provided in subsection (a)(5), to any person or persons within such dwelling place, or

(3) While armed with a firearm uses force or

threatens the imminent use of force upon any person or persons within such dwelling place whether or not injury occurs, or

(4) Uses force or threatens the imminent use of

force upon any person or persons within such dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or

(5) Personally discharges a firearm that proximately

causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within such dwelling place, or

(6) Commits, against any person or persons within

that dwelling place, a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, or 12‑16 of the Criminal Code of 1961.

(b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves such premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.     (c) Sentence. Home invasion in violation of subsection (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.     (d) For purposes of this Section, "dwelling place of another" includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order. (Source: P.A. 90‑787, eff. 8‑14‑98; 91‑404, eff. 1‑1‑00; 91‑928, eff. 6‑1‑01.)

(720 ILCS 5/12‑11.1) (from Ch. 38, par. 12‑11.1)     Sec. 12‑11.1. Vehicular invasion.     (a) A person commits vehicular invasion who knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle as defined in The Illinois Vehicle Code while such motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.     (b) Sentence. Vehicular invasion is a Class 1 felony. (Source: P.A. 86‑1392.)

(720 ILCS 5/12‑12) (from Ch. 38, par. 12‑12)     Sec. 12‑12. Definitions. For the purposes of Sections 12‑13 through 12‑18 of this Code, the terms used in these Sections shall have the following meanings ascribed to them:     (a) "Accused" means a person accused of an offense prohibited by Sections 12‑13, 12‑14, 12‑15 or 12‑16 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code.     (b) "Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy and impotence.     (c) "Family member" means a parent, grandparent, or child, whether by whole blood, half‑blood or adoption and includes a step‑grandparent, step‑parent or step‑child. "Family member" also means, where the victim is a child under 18 years of age, an accused who has resided in the household with such child continuously for at least one year.     (d) "Force or threat of force" means the use of force or violence, or the threat of force or violence, including but not limited to the following situations:         (1) when the accused threatens to use force or

violence on the victim or on any other person, and the victim under the circumstances reasonably believed that the accused had the ability to execute that threat; or

(2) when the accused has overcome the victim by use

of superior strength or size, physical restraint or physical confinement.

(e) "Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.     (f) "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.     (g) "Victim" means a person alleging to have been subjected to an offense prohibited by Sections 12‑13, 12‑14, 12‑15 or 12‑16 of this Code. (Source: P.A. 91‑116, eff. 1‑1‑00.)

(720 ILCS 5/12‑13) (from Ch. 38, par. 12‑13)     Sec. 12‑13. Criminal Sexual Assault.     (a) The accused commits criminal sexual assault if he or she:         (1) commits an act of sexual penetration by the use

of force or threat of force; or

(2) commits an act of sexual penetration and the

accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or

(3) commits an act of sexual penetration with a

victim who was under 18 years of age when the act was committed and the accused was a family member; or

(4) commits an act of sexual penetration with a

victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

(b) Sentence.         (1) Criminal sexual assault is a Class 1 felony.         (2) A person who is convicted of the offense of

criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

(3) A person who is convicted of the offense of

criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of criminal predatory sexual assault shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (3) to apply.

(4) A second or subsequent conviction for a

violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

(5) When a person has any such prior conviction, the

information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a Class X felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

(Source: P.A. 90‑396, eff. 1‑1‑98.)

(720 ILCS 5/12‑14) (from Ch. 38, par. 12‑14)     Sec. 12‑14. Aggravated Criminal Sexual Assault.     (a) The accused commits aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense:         (1) the accused displayed, threatened to use, or

used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or

(2) the accused caused bodily harm, except as

provided in subsection (a)(10), to the victim; or

(3) the accused acted in such a manner as to

threaten or endanger the life of the victim or any other person; or

(4) the criminal sexual assault was perpetrated

during the course of the commission or attempted commission of any other felony by the accused; or

(5) the victim was 60 years of age or over when the

offense was committed; or

(6) the victim was a physically handicapped person;

or

(7) the accused delivered (by injection, inhalation,

ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or

(8) the accused was armed with a firearm; or         (9) the accused personally discharged a firearm

during the commission of the offense; or

(10) the accused, during the commission of the

offense, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) The accused commits aggravated criminal sexual assault if the accused was under 17 years of age and (i) commits an act of sexual penetration with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual penetration with a victim who was at least 9 years of age but under 13 years of age when the act was committed and the accused used force or threat of force to commit the act.     (c) The accused commits aggravated criminal sexual assault if he or she commits an act of sexual penetration with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.     (d) Sentence.         (1) Aggravated criminal sexual assault in violation

of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.

(2) A person who is convicted of a second or

subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

(Source: P.A. 91‑404, eff. 1‑1‑00; 92‑434, eff. 1‑1‑02; 92‑502, eff. 12‑19‑01; 92‑721, eff. 1‑1‑03.)

(720 ILCS 5/12‑14.1)     Sec. 12‑14.1. Predatory criminal sexual assault of a child.     (a) The accused commits predatory criminal sexual assault of a child if:         (1) the accused was 17 years of age or over and

commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed; or

(1.1) the accused was 17 years of age or over and,

while armed with a firearm, commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed; or

(1.2) the accused was 17 years of age or over and

commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and, during the commission of the offense, the accused personally discharged a firearm; or

(2) the accused was 17 years of age or over and

commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and the accused caused great bodily harm to the victim that:

(A) resulted in permanent disability; or             (B) was life threatening; or         (3) the accused was 17 years of age or over and

commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

(b) Sentence.         (1) A person convicted of a violation of subsection

(a)(1) commits a Class X felony. A person convicted of a violation of subsection (a)(1.1) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(1.2) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment.

(1.1) A person convicted of a violation of

subsection (a)(3) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years.

(1.2) A person convicted of predatory criminal

sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment.

(2) A person who is convicted of a second or

subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

(Source: P.A. 91‑238, eff. 1‑1‑00; 91‑404, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)

(720 ILCS 5/12‑15) (from Ch. 38, par. 12‑15)     Sec. 12‑15. Criminal sexual abuse.     (a) The accused commits criminal sexual abuse if he or she:         (1) commits an act of sexual conduct by the use of

force or threat of force; or

(2) commits an act of sexual conduct and the accused

knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.

(b) The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed.     (c) The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.     (d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section. (Source: P.A. 91‑389, eff. 1‑1‑00.)

(720 ILCS 5/12‑16) (from Ch. 38, par. 12‑16)     Sec. 12‑16. Aggravated Criminal Sexual Abuse.     (a) The accused commits aggravated criminal sexual abuse if he or she commits criminal sexual abuse as defined in subsection (a) of Section 12‑15 of this Code and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense:         (1) the accused displayed, threatened to use or used

a dangerous weapon or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or

(2) the accused caused bodily harm to the victim; or         (3) the victim was 60 years of age or over when the

offense was committed; or

(4) the victim was a physically handicapped person;

or

(5) the accused acted in such a manner as to

threaten or endanger the life of the victim or any other person; or

(6) the criminal sexual abuse was perpetrated during

the course of the commission or attempted commission of any other felony by the accused; or

(7) the accused delivered (by injection, inhalation,

ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

(b) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was under 18 years of age when the act was committed and the accused was a family member.     (c) The accused commits aggravated criminal sexual abuse if:         (1) the accused was 17 years of age or over and (i)

commits an act of sexual conduct with a victim who was under 13 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 13 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act; or

(2) the accused was under 17 years of age and (i)

commits an act of sexual conduct with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act.

(d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim.     (e) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.     (f) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.     (g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony. (Source: P.A. 92‑434, eff. 1‑1‑02.)

(720 ILCS 5/12‑16.2) (from Ch. 38, par. 12‑16.2)     Sec. 12‑16.2. Criminal Transmission of HIV. (a) A person commits criminal transmission of HIV when he or she, knowing that he or she is infected with HIV:     (1) engages in intimate contact with another;     (2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another; or     (3) dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.     (b) For purposes of this Section:     "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.     "Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV.     "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.     (c) Nothing in this Section shall be construed to require that an infection with HIV has occurred in order for a person to have committed criminal transmission of HIV.     (d) It shall be an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.     (e) A person who commits criminal transmission of HIV commits a Class 2 felony. (Source: P.A. 86‑897.)

(720 ILCS 5/12‑17) (from Ch. 38, par. 12‑17)     Sec. 12‑17. Defenses.     (a) It shall be a defense to any offense under Section 12‑13 through 12‑16 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.     (b) It shall be a defense under subsection (b) and subsection (c) of Section 12‑15 and subsection (d) of Section 12‑16 of this Code that the accused reasonably believed the person to be 17 years of age or over.     (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct. (Source: P.A. 93‑389, eff. 7‑25‑03.)

    (720 ILCS 5/12‑18)(from Ch. 38, par. 12‑18)
    Sec. 12‑18. General Provisions.
    (a) No person accused of violating Sections 12‑13, 12‑14, 12‑15 or 12‑16 of this Code shall be presumed to be incapable of committing an offense prohibited by Sections 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of this Code because of age, physical condition or relationship to the victim, except as otherwise provided in subsection (c) of this Section. Nothing in this Section shall be construed to modify or abrogate the affirmative defense of infancy under Section 6‑1 of this Code or the provisions of Section 5‑805 of the Juvenile Court Act of 1987.
    (b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Sections 12‑13, 12‑14, 12‑14.1, 12‑15 and 12‑16 of this Code.
    (c) (Blank).
    (d) (Blank).
    (e) After a finding at a preliminary hearing that there is probable cause to believe that an accused has committed a violation of Section 12‑13, 12‑14, or 12‑14.1 of this Code, or after an indictment is returned charging an accused with a violation of Section 12‑13, 12‑14, or 12‑14.1 of this Code, or after a finding that a defendant charged with a violation of Section 12‑13, 12‑14, or 12‑14.1 of this Code is unfit to stand trial pursuant to Section 104‑16 of the Code of Criminal Procedure of 1963 where the finding is made prior to preliminary hearing, at the request of the person who was the victim of the violation of Section 12‑13, 12‑14, or 12‑14.1, the prosecuting State's attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV). The medical tests shall be performed only by appropriately licensed medical practitioners. The test for infection with human immunodeficiency virus (HIV) shall consist of an enzyme‑linked immunosorbent assay (ELISA) test, or such other test as may be approved by the Illinois Department of Public Health; in the event of a positive result, the Western Blot Assay or a more reliable confirmatory test shall be administered. The results of the tests shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the victim and to the judge who entered the order, for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the result of the testing may be revealed; however, in no case shall the identity of the victim be disclosed. The court shall order that the cost of the tests shall be paid by the county, and may be taxed as costs against the accused if convicted.
    (f) Whenever any law enforcement officer has reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, the law enforcement officer shall advise the victim about seeking medical treatment and preserving evidence.
    (g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
        (1) An explanation to the victim about the nature and

effects of commonly used controlled substances and how such controlled substances are administered.

(2) An offer to the victim of testing for the

presence of such controlled substances.

(3) A disclosure to the victim that all controlled

substances or alcohol ingested by the victim will be disclosed by the test.

(4) A statement that the test is completely voluntary.         (5) A form for written authorization for sample

analysis of all controlled substances and alcohol ingested by the victim.

A physician licensed to practice medicine in all its branches may agree to be a designated person under this subsection.     No sample analysis may be performed unless the victim returns a signed written authorization within 30 days after the sample was collected.     Any medical treatment or care under this subsection shall be only in accordance with the order of a physician licensed to practice medicine in all of its branches. Any testing under this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing. (Source: P.A. 93‑958, eff. 8‑20‑04; 94‑397, eff. 1‑1‑06.)

(720 ILCS 5/12‑18.1) (from Ch. 38, par. 12‑18.1)     Sec. 12‑18.1. Civil Liability. (a) If any person has been convicted of any offense defined in Section 12‑13, 12‑14, 12‑15, or 12‑16 of this Act, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Section 12‑13, 12‑14, 12‑15, or 12‑16. No victim may recover in any such action unless he or she proves by a preponderance of the evidence that: (1) the reading or viewing of the specific obscene material manufactured, produced, or distributed wholesale by the defendant proximately caused the person convicted of the violation of Section 12‑13, 12‑14, 12‑15, or 12‑16 to commit such violation and (2) the defendant knew or had reason to know that the manufacture, production, or wholesale distribution of such material was likely to cause a violation of an offense substantially of the type enumerated.     (b) The manufacturer, producer or wholesale distributor shall be liable to the victim for:     (1) actual damages incurred by the victim, including medical costs;     (2) court costs and reasonable attorneys fees;     (3) infliction of emotional distress;     (4) pain and suffering; and     (5) loss of consortium.     (c) Every action under this Section shall be commenced within 3 years after the conviction of the defendant for a violation of Section 12‑13, 12‑14, 12‑15 or 12‑16 of this Code. However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Section 12‑13, 12‑14, 12‑15 or 12‑16 of this Code, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.     (d) For the purposes of this Section:     (1) "obscene" has the meaning ascribed to it in subsection (b) of Section 11‑20 of this Code;     (2) "wholesale distributor" means any individual, partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;     (3) "producer" means any individual, partnership, corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;     (4) "manufacturer" means any individual, partnership, corporation, association, or other legal entity which manufacturers, assembles or produces obscene material. (Source: P.A. 86‑857.)

(720 ILCS 5/12‑19) (from Ch. 38, par. 12‑19)     Sec. 12‑19. Abuse and Criminal Neglect of a Long Term Care Facility Resident.     (a) Any person or any owner or licensee of a long term care facility who abuses a long term care facility resident is guilty of a Class 3 felony. Any person or any owner or licensee of a long term care facility who criminally neglects a long term care facility resident is guilty of a Class 4 felony. A person whose criminal neglect of a long term care facility resident results in the resident's death is guilty of a Class 3 felony. However, nothing herein shall be deemed to apply to a physician licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.     (b) Notwithstanding the penalties in subsections (a) and (c) and in addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused neglect of a resident, the licensee or owner is guilty of a petty offense. An owner or licensee is guilty under this subsection (b) only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising or providing of staff or other related routine administrative responsibilities.     (c) Notwithstanding the penalties in subsections (a) and (b) and in addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused gross neglect of a resident, the licensee or owner is guilty of a business offense for which a fine of not more than $10,000 may be imposed. An owner or licensee is guilty under this subsection (c) only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising or providing of staff or other related routine administrative responsibilities.     (d) For the purpose of this Section:         (1) "Abuse" means intentionally or knowingly causing

any physical or mental injury or committing any sexual offense set forth in this Code.

(2) "Criminal neglect" means an act whereby a person

recklessly (i) performs acts that cause an elderly person's or person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate, or (ii) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the life or health of an elderly person or person with a disability, and that failure causes the elderly person's or person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate, or (iii) abandons an elderly person or person with a disability.

(3) "Neglect" means negligently failing to provide

adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a physical or mental condition.

(4) "Resident" means a person residing in a long

term care facility.

(5) "Owner" means the person who owns a long term

care facility as provided under the Nursing Home Care Act or an assisted living or shared housing establishment under the Assisted Living and Shared Housing Act.

(6) "Licensee" means the individual or entity

licensed to operate a facility under the Nursing Home Care Act or the Assisted Living and Shared Housing Act.

(7) "Facility" or "long term care facility" means a

private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5‑21 or 5‑22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.

(e) Nothing contained in this Section shall be deemed to apply to the medical supervision, regulation or control of the remedial care or treatment of residents in a facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3‑803 of the Nursing Home Care Act. (Source: P.A. 93‑301, eff. 1‑1‑04.)

    (720 ILCS 5/12‑20)(from Ch. 38, par. 12‑20)
    Sec. 12‑20. Sale of body parts.
    (a) Except as provided in subsection (b), any person who knowingly buys or sells, or offers to buy or sell, a human body or any part of a human body, is guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions.
    (b) This Section does not prohibit:
        (1) An anatomical gift made in accordance with the

Illinois Anatomical Gift Act.

(2) The removal and use of a human cornea in

accordance with the Illinois Anatomical Gift Act.

(3) Reimbursement of actual expenses incurred by a

living person in donating an organ, tissue or other body part or fluid for transplantation, implantation, infusion, injection, or other medical or scientific purpose, including medical costs, loss of income, and travel expenses.

(4) Payments provided under a plan of insurance or

other health care coverage.

(5) Reimbursement of reasonable costs associated with

the removal, storage or transportation of a human body or part thereof donated for medical or scientific purposes.

(6) Purchase or sale of blood, plasma, blood products

or derivatives, other body fluids, or human hair.

(7) Purchase or sale of drugs, reagents or other

substances made from human bodies or body parts, for use in medical or scientific research, treatment or diagnosis.

(Source: P.A. 93‑794, eff. 7‑22‑04.)

(720 ILCS 5/12‑20.5)     Sec. 12‑20.5. Dismembering a human body.     (a) A person commits the offense of dismembering a human body when he or she knowingly dismembers, severs, separates, dissects, or mutilates any body part of a deceased's body.     (b) This Section does not apply to:         (1) an anatomical gift made in accordance with the

Uniform Anatomical Gift Act;

(2) the removal and use of a human cornea in

accordance with the Illinois Corneal Transplant Act;

(3) the purchase or sale of drugs, reagents, or

other substances made from human body parts, for the use in medical or scientific research, treatment, or diagnosis;

(4) persons employed by a county medical examiner's

office or coroner's office acting within the scope of their employment while performing an autopsy;

(5) the acts of a licensed funeral director or

embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code;

(6) the acts of emergency medical personnel or

physicians performed in good faith and according to the usual and customary standards of medical practice in an attempt to resuscitate a life; or

(7) physicians licensed to practice medicine in all

of its branches or holding a visiting professor, physician, or resident permit under the Medical Practice Act of 1987, performing acts in accordance with usual and customary standards of medical practice, or a currently enrolled student in an accredited medical school in furtherance of his or her education at the accredited medical school.

(c) It is not a defense to a violation of this Section that the decedent died due to natural, accidental, or suicidal causes.     (d) Sentence. Dismembering a human body is a Class X felony. (Source: P.A. 93‑339, eff. 7‑24‑03.)

(720 ILCS 5/12‑21) (from Ch. 38, par. 12‑21)     Sec. 12‑21. Criminal abuse or neglect of an elderly person or person with a disability.     (a) A person commits the offense of criminal abuse or neglect of an elderly person or person with a disability when he or she is a caregiver and he or she knowingly:         (1) performs acts that cause the elderly person or

person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate; or

(2) fails to perform acts that he or she knows or

reasonably should know are necessary to maintain or preserve the life or health of the elderly person or person with a disability and such failure causes the elderly person or person with a disability's life to be endangered, health to be injured or pre‑existing physical or mental condition to deteriorate; or

(3) abandons the elderly person or person with a

disability; or

(4) physically abuses, harasses, intimidates, or

interferes with the personal liberty of the elderly person or person with a disability or exposes the elderly person or person with a disability to willful deprivation.

Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony. Criminal neglect of an elderly person or person with a disability is a Class 2 felony if the criminal neglect results in the death of the person neglected for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.     (b) For purposes of this Section:         (1) "Elderly person" means a person 60 years of age

or older who is incapable of adequately providing for his own health and personal care.

(2) "Person with a disability" means a person who

suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder or congenital condition which renders such person incapable of adequately providing for his own health and personal care.

(3) "Caregiver" means a person who has a duty to

provide for an elderly person or person with a disability's health and personal care, at such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care and treatment.

"Caregiver" shall include:             (A) a parent, spouse, adult child or other

relative by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment and knows or reasonably should know that such person is unable to adequately provide for his own health and personal care;

(B) a person who is employed by the elderly

person or person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care;

(C) a person who has agreed for consideration to

reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; and

(D) a person who has been appointed by a private

or public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care.

"Caregiver" shall not include a long‑term care

facility licensed or certified under the Nursing Home Care Act or any administrative, medical or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his profession.

(4) "Abandon" means to desert or knowingly forsake

an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.

(5) "Willful deprivation" has the meaning ascribed

to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.

(c) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act.     (d) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his own has been unable to provide such care.     (e) Nothing in this Section shall be construed as prohibiting a person from providing treatment by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.     (f) It is not a defense to criminal abuse or neglect of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. (Source: P.A. 92‑328, eff. 1‑1‑02; 93‑301, eff. 1‑1‑04.)

(720 ILCS 5/12‑21.5)     Sec. 12‑21.5. Child Abandonment.     (a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act.     (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:         (1) the age of the child;         (2) the number of children left at the location;         (3) special needs of the child, including whether

the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;

(4) the duration of time in which the child was left

without supervision;

(5) the condition and location of the place where

the child was left without supervision;

(6) the time of day or night when the child was left

without supervision;

(7) the weather conditions, including whether the

child was left in a location with adequate protection from the natural elements such as adequate heat or light;

(8) the location of the parent, guardian, or other

person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;

(9) whether the child's movement was restricted, or

the child was otherwise locked within a room or other structure;

(10) whether the child was given a phone number of a

person or location to call in the event of an emergency and whether the child was capable of making an emergency call;

(11) whether there was food and other provision left

for the child;

(12) whether any of the conduct is attributable to

economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;

(13) the age and physical and mental capabilities of

the person or persons who provided supervision for the child;

(14) any other factor that would endanger the health

or safety of that particular child;

(15) whether the child was left under the

supervision of another person.

(d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. (Source: P.A. 92‑408, eff. 8‑17‑01; 92‑432, eff. 8‑17‑01.)

    (720 ILCS 5/12‑21.6)
    Sec. 12‑21.6. Endangering the life or health of a child.
    (a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) There is a rebuttable presumption that a person committed the offense if he or she left a child 6 years of age or younger unattended in a motor vehicle for more than 10 minutes.
    (c) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person.
    (d) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years.
(Source: P.A. 92‑408, eff. 8‑17‑01; 92‑432, eff. 8‑17‑01; 92‑515, eff. 6‑1‑02; 92‑651, eff. 7‑11‑02.)

    (720 ILCS 5/12‑21.7)
    Sec. 12‑21.7. Sale of yo‑yo waterballs prohibited.
    (a) It is unlawful to sell a yo‑yo waterball in this State.
    (b) Sentence. A person who sells a yo‑yo waterball in this State is guilty of a business offense punishable by a fine of $1,001 for each violation. Each sale of a yo‑yo waterball in violation of this Section is a separate violation.
    (c) Definition. In this Section, "yo‑yo waterball" means a water yo‑yo or a soft, rubber‑like ball that is filled with a liquid and is attached to an elastic cord.
(Source: P.A. 94‑12, eff. 1‑1‑06.)

(720 ILCS 5/12‑22)     Sec. 12‑22. Probation.     (a) Whenever a parent of a child as determined by the court on the facts before it, pleads guilty to or is found guilty of, with respect to his or her child, child abandonment under Section 12‑21.5 of the Criminal Code of 1961 or endangering the life or health of a child under Section 12‑21.6 of the Criminal Code of 1961, the court may, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person upon probation upon the reasonable terms and conditions as the court may require. At least one term of the probation shall require the person to cooperate with the Department of Children and Family Services at the times and in the programs that the Department of Children and Family Services may require.     (b) Upon fulfillment of the terms and conditions imposed under subsection (a), the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be considered a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. However, a record of the disposition shall be reported by the clerk of the circuit court to the Department of State Police under Section 2.1 of the Criminal Identification Act, and the record shall be maintained and provided to any civil authority in connection with a determination of whether the person is an acceptable candidate for the care, custody and supervision of children.     (c) Discharge and dismissal under this Section may occur only once.     (d) Probation under this Section may not be for a period of less than 2 years.     (e) If the child dies of the injuries alleged, this Section shall be inapplicable. (Source: P.A. 88‑479.)

(720 ILCS 5/12‑30) (from Ch. 38, par. 12‑30)     Sec. 12‑30. Violation of an order of protection.     (a) A person commits violation of an order of protection if:         (1) He or she commits an act which was prohibited by

a court or fails to commit an act which was ordered by a court in violation of:

(i) a remedy in a valid order of protection

authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986,

(ii) a remedy, which is substantially similar to

the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,

(iii) any other remedy when the act constitutes

a crime against the protected parties as the term protected parties is defined in Section 112A‑4 of the Code of Criminal Procedure of 1963; and

(2) Such violation occurs after the offender has

been served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order.

An order of protection issued by a state, tribal or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe or territory. There shall be a presumption of validity where an order is certified and appears authentic on its face.     (a‑5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign order of protection.     (b) For purposes of this Section, an "order of protection" may have been issued in a criminal or civil proceeding.     (c) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.     (d) Violation of an order of protection under subsection (a) of this Section is a Class A misdemeanor. Violation of an order of protection under subsection (a) of this Section is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12‑3.2) or violation of an order of protection (Section 12‑30). Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9‑1), attempt to commit first degree murder (Section 8‑4), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (Section 12‑4.4), aggravated battery of a senior citizen (Section 12‑4.6), stalking (Section 12‑7.3), aggravated stalking (Section 12‑7.4), criminal sexual assault (Section 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 12‑16), unlawful restraint (Section 10‑3), aggravated unlawful restraint (Section 10‑3.1), aggravated arson (Section 20‑1.1), or aggravated discharge of a firearm (Section 24‑1.2), when any of these offenses have been committed against a family or household member as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. The court shall impose a minimum penalty of 24 hours imprisonment for defendant's second or subsequent violation of any order of protection; unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. In addition to any other penalties, the court may order the defendant to pay a fine as authorized under Section 5‑9‑1 of the Unified Code of Corrections or to make restitution to the victim under Section 5‑5‑6 of the Unified Code of Corrections. In addition to any other penalties, including those imposed by Section 5‑9‑1.5 of the Unified Code of Corrections, the court shall impose an additional fine of $20 as authorized by Section 5‑9‑1.11 of the Unified Code of Corrections upon any person convicted of or placed on supervision for a violation of this Section. The additional fine shall be imposed for each violation of this Section.     (e) 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. (Source: P.A. 91‑112, eff. 10‑1‑99; 91‑357, eff. 7‑29‑99; 92‑827, eff. 8‑22‑02.)

(720 ILCS 5/12‑31) (from Ch. 38, par. 12‑31)     Sec. 12‑31. Inducement to Commit Suicide.     (a) A person commits the offense of inducement to commit suicide when he or she does either of the following:         (1) Coerces another to commit suicide and the other

person commits or attempts to commit suicide as a direct result of the coercion, and he or she exercises substantial control over the other person through (i) control of the other person's physical location or circumstances; (ii) use of psychological pressure; or (iii) use of actual or ostensible religious, political, social, philosophical or other principles.

(2) With knowledge that another person intends to

commit or attempt to commit suicide, intentionally (i) offers and provides the physical means by which another person commits or attempts to commit suicide, or (ii) participates in a physical act by which another person commits or attempts to commit suicide.

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. 87‑1167; 88‑392.)

(720 ILCS 5/12‑32) (from Ch. 38, par. 12‑32)     Sec. 12‑32. Ritual Mutilation.     (a) A person commits the offense of ritual mutilation, when he or she 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) Sentence. Ritual mutilation is a Class 2 felony.     (c) The offense ritual mutilation does not include the practice of male circumcision or a ceremony, rite, initiation, observance, or performance related thereto. (Source: P.A. 90‑88, eff. 1‑1‑98.)

(720 ILCS 5/12‑33) (from Ch. 38, par. 12‑33)     Sec. 12‑33. Ritualized abuse of a child.     (a) A person is guilty of ritualized abuse of a child when he or she 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,

or sacrifices any warm‑blooded animal or human being;

(2) forces ingestion, injection or other application

of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;

(3) forces ingestion, or external application, of

human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;

(4) involves the child in a mock, unauthorized or

unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;

(5) places a living child into a coffin or open

grave containing a human corpse or remains;

(6) threatens death or serious harm to a child, his

or her parents, family, pets, or friends that instills a well‑founded fear in the child that the threat will be carried out; or

(7) unlawfully dissects, mutilates, or incinerates a

human corpse.

(b) The provisions of this Section shall not be construed to apply to:         (1) lawful agricultural, animal husbandry, food

preparation, or wild game hunting and fishing practices and specifically the branding or identification of livestock;

(2) the lawful medical practice of male circumcision

or any ceremony related to male circumcision;

(3) any state or federally approved, licensed, or

funded research project; or

(4) the ingestion of animal flesh or blood in the

performance of a religious service or ceremony.

(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 the offender may be sentenced to a term of natural life imprisonment.     (d) For the purposes of this Section, "child" means any person under 18 years of age. (Source: P.A. 90‑88, eff. 1‑1‑98.)

(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 the offense of 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.     (b) A surgical procedure is not a violation of subsection (a) if the procedure:         (1) is necessary to the health of the person on whom

it is performed and is performed by a physician licensed to practice medicine in all of its branches; or

(2) is performed on a person who is in labor or who

has just given birth and is performed for medical purposes connected with that labor or birth by a physician licensed to practice medicine in all of its branches.

(c) Sentence. Female genital mutilation is a Class X felony. (Source: P.A. 90‑88, eff. 1‑1‑98.)

(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

where animals are present for a reasonable period of time or permanently, if necessary.

(2) Relinquish and permanently forfeit all animals

residing in the household to a recognized or duly organized animal shelter or humane society.

(3) Undergo a psychological evaluation and

counseling at defendant's expense.

(4) Reimburse the animal shelter or humane society

for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society.

(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 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. 92‑721, eff. 1‑1‑03.)

    (720 ILCS 5/12‑36)
    Sec. 12‑36. Possession of certain 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 Article 24 of the Criminal Code of 1961, 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

12 weeks of age; or

(2) irrespective of whether the dog has been spayed

or neutered, any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.

(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. 94‑818, eff. 1‑1‑07.)

 
    (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

lobes of the brain which is responsible for controlling behavior.

(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

minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;

(2) that the minor who purchased the video game

exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;

(3) for the video game retailer, if the retail sales

clerk had 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; or

(4) that the video game sold or rented was

pre‑packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.

(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

minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;

(2) that the minor who purchased the video game

exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;

(3) for the video game retailer, if the retail sales

clerk had 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; or

(4) that the video game sold or rented was

pre‑packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.

(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. 14 heading)
ARTICLE 14. EAVESDROPPING

(720 ILCS 5/14‑1) (from Ch. 38, par. 14‑1)     Sec. 14‑1. Definition.     (a) Eavesdropping device.     An eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, retain, 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 law enforcement officers, who is a principal, as defined in this Article, or who operates or participates in the operation of any eavesdropping device contrary to the provisions of this Article.     (c) Principal.     A principal is any person who:         (1) Knowingly employs another who illegally uses an

eavesdropping device in the course of such employment; or

(2) Knowingly derives any benefit or information

from the illegal use of an eavesdropping device by another; or

(3) Directs another to use an eavesdropping device

illegally on his behalf.

(d) Conversation.     For the purposes of this Article, the term conversation means any oral communication between 2 or more persons regardless of whether one or more of the parties intended their communication to be of a private nature under circumstances justifying that expectation.     (e) Electronic communication.     For purposes of this Article, the term 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, where the sending and receiving parties intend the electronic communication to be private and the interception, recording, or transcription of the electronic communication is accomplished by a device in a surreptitious manner contrary to the provisions of this Article. Electronic communication does not include any communication from a tracking device. (Source: P.A. 91‑657, eff. 1‑1‑00.)

    (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:
        (1) Knowingly and intentionally uses an

eavesdropping device for the purpose of hearing or recording all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) with the consent of all of the parties to such conversation or electronic communication or (B) in accordance with Article 108A or Article 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended; or

(2) Manufactures, assembles, distributes, or

possesses any electronic, mechanical, eavesdropping, or other device knowing that or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious hearing or recording of oral conversations or the interception, retention, or transcription of electronic communications and the intended or actual use of the device is contrary to the provisions of this Article; or

(3) Uses or divulges, except as authorized by this

Article or by Article 108A or 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended, any information which he knows or reasonably should know was obtained through the use of an eavesdropping device.

(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

an order of interception, entered pursuant to Section 108A‑1 or 108B‑5 of the Code of Criminal Procedure of 1963; and

2. at the time the communication was intercepted,

the officer was unaware that the communication was privileged; and

3. stopped the interception within a reasonable time

after discovering that the communication was privileged; and

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

institution for the purpose of investigating or enforcing a State criminal law or a penal institution rule or regulation with respect to inmates in the institution; and

(3) within the scope of the employee's official

duties.

For the purposes of this subsection (d), "penal

institution" has the meaning ascribed to it in clause (c)(1) of Section 31A‑1.1.

(Source: P.A. 94‑183, eff. 1‑1‑06.)

    (720 ILCS 5/14‑3)(from Ch. 38, par. 14‑3)
    Sec. 14‑3. Exemptions. The following activities shall be exempt from the provisions of this Article:
    (a) Listening to radio, wireless and television communications of any sort where the same are publicly made;
    (b) Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer;
    (c) Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made;
    (d) Recording or listening with the aid of any device to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation;
    (e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended;
    (f) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section;
    (g) With prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, a felony violation of the Methamphetamine Control and Community Protection Act, or any "streetgang related" or "gang‑related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
    (g‑5) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of any offense defined in Article 29D of this Code. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.
    Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case.
    This subsection (g‑5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g‑5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g‑5) on January 1, 2005;
    (h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code;
    (i) Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
    (j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:
        (i) the monitoring is used for the purpose of

service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and

(ii) the monitoring is used with the consent of at

least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.

No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.     When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable.     Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace.     Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal‑only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording.     For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:         (i) soliciting the sale of goods or services;         (ii) receiving orders for the sale of goods or

services;

(iii) assisting in the use of goods or services; or         (iv) engaging in the solicitation, administration,

or collection of bank or retail credit accounts.

For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both;     (k) Electronic recordings, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer under Section 5‑401.5 of the Juvenile Court Act of 1987 or Section 103‑2.1 of the Code of Criminal Procedure of 1963; and     (l) Recording the interview or statement of any person when the person knows that the interview is being conducted by a law enforcement officer or prosecutor and the interview takes place at a police station that is currently participating in the Custodial Interview Pilot Program established under the Illinois Criminal Justice Information Act. (Source: P.A. 93‑206, eff. 7‑18‑03; 93‑517, eff. 8‑6‑03; 93‑605, eff. 11‑19‑03; 94‑556, eff. 9‑11‑05.)

(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

communication;

(3) The parties, if known, to each intercepted

communication; and

(4) A summary of the contents of each intercepted

communication.

(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.)

(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

interception or recording;

(2) Notice of any interception or recording if the

defendant was arrested or indicted or otherwise charged as a result of the interception of his or her private oral communication;

(3) The date of the interception or recording;         (4) The period of interception or recording; and         (5) Notice of whether during the period of

interception or recording devices were or were not used to overhear and record various conversations and whether or not the conversations are recorded.

(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.)

(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 between 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 1 felony. (Source: P.A. 91‑357, eff. 7‑29‑99; 91‑657, eff. 1‑1‑00.)

(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. (Source: Laws 1965, p. 3198.)

(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 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 further eavesdropping by the eavesdropper and by or on behalf of his principal, or either;     (b) To all actual damages against the eavesdropper or his principal or both;     (c) To any punitive damages which may be awarded by the court or by a jury;     (d) To all actual damages against any landlord, owner or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned;     (e) To any punitive damages which may be awarded by the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned.     (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. (Source: P.A. 85‑868.)

(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.)

(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.)

(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.)

      (720 ILCS 5/Tit. III Pt. C heading)
PART C. OFFENSES DIRECTED AGAINST PROPERTY
      (720 ILCS 5/Art. 15 heading)
ARTICLE 15. DEFINITIONS

(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.)

(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.)

(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.)

(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.)

(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.)

(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.)

(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.)

(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.)

(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.)

    (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

    (720 ILCS 5/16‑1)(from Ch. 38, par. 16‑1)
    Sec. 16‑1. Theft.
    (a) A person commits theft when he knowingly:
        (1) Obtains or exerts unauthorized control over

property of the owner; or

(2) Obtains by deception control over property of

the owner; or

(3) Obtains by threat control over property of the

owner; or

(4) Obtains control over stolen property knowing the

property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or

(5) Obtains or exerts control over property in the

custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and

(A) Intends to deprive the owner permanently of

the use or benefit of the property; or

(B) Knowingly uses, conceals or abandons the

property in such manner as to deprive the owner permanently of such use or benefit; or

(C) Uses, conceals, or abandons the property

knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(b) Sentence.         (1) Theft of property not from the person and not

exceeding $300 in value is a Class A misdemeanor.

(1.1) Theft of property not from the person and not

exceeding $300 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

(2) A person who has been convicted of theft of

property not from the person and not exceeding $300 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4‑103, 4‑103.1, 4‑103.2, or 4‑103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

(3) (Blank).         (4) Theft of property from the person not exceeding

$300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 3 felony.

(4.1) Theft of property from the person not

exceeding $300 in value, or theft of property exceeding $300 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

(5) Theft of property exceeding $10,000 and not

exceeding $100,000 in value is a Class 2 felony.

(5.1) Theft of property exceeding $10,000 and not

exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

(6) Theft of property exceeding $100,000 and not

exceeding $500,000 in value is a Class 1 felony.

(6.1) Theft of property exceeding $100,000 in value

is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

(6.2) Theft of property exceeding $500,000 in value

is a Class 1 non‑probationable felony.

(7) Theft by deception, as described by paragraph

(2) of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older is a Class 2 felony.

(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. (Source: P.A. 93‑520, eff. 8‑6‑03; 94‑134, eff. 1‑1‑06.)

(720 ILCS 5/16‑1.1) (from Ch. 38, par. 16‑1.1)     Sec. 16‑1.1. Theft by lessee; prima facie evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" (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. (Source: P.A. 89‑373, eff. 1‑1‑96.)

(720 ILCS 5/16‑1.2) (from Ch. 38, par. 16‑1.2)     Sec. 16‑1.2. It shall be prima facie evidence of intent that a person "knowingly obtains by deception control over property of the owner" when he 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 willfully without good cause failed to substantially perform pursuant to the agreement after taking a downpayment 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. (Source: P.A. 84‑992.)

(720 ILCS 5/16‑1.3) (from Ch. 38, par. 16‑1.3)     Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability.     (a) A person commits the offense of 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 and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. 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.     Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age 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.     (b) For purposes of this Section:         (1) "Elderly person" means a person 60 years of age

or older.

(2) "Person with a disability" means a person who

suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.

(3) "Intimidation" means the communication to an

elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.

(4) "Deception" means, in addition to its meaning as

defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.

(c) For purposes of this Section, a person stands in a position of trust and confidence with an elderly person or person with a disability when he (1) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (2) is a joint tenant or tenant in common with the elderly person or person with a disability, (3) has a legal or fiduciary relationship with the elderly person or person with a disability, or (4) is a financial planning or investment professional.     (d) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.     (e) 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) 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.     (g) Civil Liability. A person who is charged by information or indictment with the offense of financial exploitation of an elderly person or person with a disability and who fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative 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. The burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been convicted of the offense. (Source: P.A. 92‑808, eff. 8‑21‑02; 93‑301, eff. 1‑1‑04.)

(720 ILCS 5/16‑2) (from Ch. 38, par. 16‑2)     Sec. 16‑2. Theft of lost or mislaid property.     A person who obtains control over lost or mislaid property commits theft when he:     (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 is a petty offense. (Source: P. A. 78‑255.)

(720 ILCS 5/16‑3) (from Ch. 38, par. 16‑3)     Sec. 16‑3. (a) A person commits theft when he 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.     (b) A person commits theft when after renting or leasing a motor vehicle, obtaining a motor vehicle through a "driveaway" service mode of transportation or 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 or other personal property to a particular place at a particular time, he without good cause wilfully fails to return the vehicle 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 such vehicle or other personal property within 3 days from the mailing of the written demand, and who without good cause wilfully fails to return the vehicle or any other personal property to any place of business of the lessor within such period.     (c) Sentence.     A person convicted of theft under subsection (a) of this Section is guilty of a Class A misdemeanor. A person convicted of theft under subsection (b) of this Section is guilty of a Class 4 felony. (Source: P.A. 84‑800.)

(720 ILCS 5/16‑3.1) (from Ch. 38, par. 16‑3.1)     Sec. 16‑3.1. 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. 83‑1004.)

(720 ILCS 5/16‑4) (from Ch. 38, par. 16‑4)     Sec. 16‑4. Offender's interest in the property.     (a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.     (b) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/16‑5) (from Ch. 38, par. 16‑5)     Sec. 16‑5. Theft from coin‑operated machines.     (a) A person commits theft from a coin‑operated machine when he knowingly and without authority and with intent to commit a theft from such machine opens, breaks into, tampers with, or damages a coin‑operated machine.     (b) As used in this Section, the term "coin‑operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.     (c) Sentence. A person convicted of theft from a coin‑operated machine shall be guilty of a Class A misdemeanor. A person who has been convicted of theft from a coin‑operated machine and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (Source: P.A. 90‑655, eff. 7‑30‑98.)

(720 ILCS 5/16‑6) (from Ch. 38, par. 16‑6)     Sec. 16‑6. Coin‑operated machines; possession of a key or device.     (a) A person who possesses a key, a tool, an instrument, an explosive, a device, a substance, or a drawing, print, or mold of a key, a tool, an instrument, an explosive, a device, or a substance designed to open, break into, tamper with, or damage a coin‑operated machine as defined in paragraph (b) of Section 16‑5 of this Act, with intent to commit a theft from the machine, is guilty of a Class A misdemeanor. A person using any of the devices or substances listed in this subsection (a) with the intent to commit a theft from a coin‑operated machine and who causes damage or loss to the coin‑operated machine of more than $300 is guilty of a Class 4 felony.     (b) The owner of a coin‑operated machine may maintain a civil cause of action against a person engaged in the activities covered in this Section and may recover treble actual damages, reasonable attorney's fees, and costs.     (c) 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. (Source: P.A. 89‑32, eff. 1‑1‑96.)

(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:         (1) Intentionally, knowingly or recklessly transfers

or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.

(2) Intentionally, knowingly or recklessly sells,

offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16‑7(a)(1) without consent of the owner.

(3) Intentionally, knowingly or recklessly offers or

makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16‑8.

(4) Intentionally, knowingly or recklessly transfers

or causes to be transferred without the consent of the owner, any live performance with the purpose of selling or causing to be sold, or using or causing to be used for profit the sound or audio visual recording to which the performance is transferred.

(b) As used in this Section and Section 16‑8:         (1) "Person" means any individual, partnership,

corporation, association or other entity.

(2) "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.

(3) "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.

(4) "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.

(5) "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.

(6) "Manufacturer" means the person who actually

makes or causes to be made a sound or audio visual recording.

(c) Unlawful use of recorded sounds or images is a Class 4 felony; however:         (1) If the offense involves more than 100 but not

exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

(2) If the offense involves more than 1,000

unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

(d) This Section shall neither enlarge nor diminish the rights of parties in private litigation.     (e) 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.     (f) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.     (g) Each and every individual manufacture, distribution or sale or transfer for a consideration of such recorded devices in contravention of this Section constitutes a separate violation of this Section.     (h) 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, in violation of this Section, or in the attempt 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.     (i) 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. (Source: P.A. 86‑1210.)

(720 ILCS 5/16‑8) (from Ch. 38, par. 16‑8)     Sec. 16‑8. Unlawful use of unidentified sound or audio visual recordings.     (a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, sells, distributes, vends, circulates, performs, leases 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.     (b) Unlawful use of unidentified sound or audio visual recordings is a Class 4 felony; however:         (1) If the offense involves more than 100 but not

exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

(2) If the offense involves more than 1,000

unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

(c) Each and every individual manufacture, sale, distribution, vending, circulation, performance, lease or other dealing in and with an unidentified sound or audio visual recording constitutes a separate violation of this Section.     (d) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.     (e) 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. (Source: P.A. 86‑1210.)

(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. (a) A person commits the offense of unlawful interference with public utility services when he knowingly, without the consent of the owner of the services, impairs or interrupts any public water, gas or power supply, telecommunications service, or other public services, or diverts, or causes to be diverted in whole or in part, any public water, gas, or power supply, telecommunications service or other public services, or installs or removes any device for the purpose of such diversion.     (b) The terms "public water, gas, or power supply, or other public service" 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; and any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act.     (c) Any instrument, apparatus, or device used in obtaining utility services without paying the full charge therefore or any meter that has been altered, tampered with, or bypassed so as to cause a lack of measurement or inaccurate measurement of utility services on premises controlled by the customer or by the person using or receiving the direct benefit of utility service at that location shall raise a rebuttable presumption of the commission of the offense described in subparagraph (a) by such person.     (d) (1) A person convicted of unlawful interference with public utility services is guilty of a Class A misdemeanor unless the offense was committed for remuneration, in which case it is a Class 4 felony.     (2) After a first conviction of unlawful interference with public utility services any subsequent conviction shall be a Class 4 felony. (Source: P.A. 88‑75.)

(720 ILCS 5/16‑15) (from Ch. 38, par. 16‑15)     Sec. 16‑15. (a) A person commits unlawful use of a theft detection shielding device when he knowingly manufactures, sells, offers for sale or distributes 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.     (b) A person commits unlawful possession of a theft detection shielding device when he knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft or retail theft.     (c) A person commits unlawful possession of a theft detection device remover when he knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise 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 said merchandise.     (d) Any person convicted for the first time of violating the provisions of subsection (a), (b), or (c) of this Section is guilty of a Class A misdemeanor. A second or subsequent offense is a Class 4 felony. (Source: P.A. 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/16‑16)     Sec. 16‑16. 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 or delivers the firearm, knowing it to have been stolen or converted. It may be inferred 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. 91‑544, eff. 1‑1‑00.)

(720 ILCS 5/16‑16.1)     Sec. 16‑16.1. 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

than 2 and not more than 5 firearms, possesses or delivers those firearms at the same time or within a one year period, knowing the firearms to have been stolen or converted.

(2) Not being entitled to the possession of not less

than 6 and not more than 10 firearms, possesses or delivers those firearms at the same time or within a 2 year period, knowing the firearms to have been stolen or converted.

(3) Not being entitled to the possession of not less

than 11 and not more than 20 firearms, possesses or delivers those firearms at the same time or within a 3 year period, knowing the firearms to have been stolen or converted.

(4) Not being entitled to the possession of not less

than 21 and not more than 30 firearms, possesses or delivers those firearms at the same time or within a 4 year period, knowing the firearms to have been stolen or converted.

(5) Not being entitled to the possession of more

than 31 firearms, possesses or delivers those firearms at the same time or within a 5 year period, knowing the firearms to have been stolen or converted.

(b) It may be inferred 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 (a) of this Section commits a Class 1 felony.

(2) A person who violates paragraph (2) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years.

(3) A person who violates paragraph (3) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years.

(4) A person who violates paragraph (4) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years.

(5) A person who violates paragraph (5) of

subsection (a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.

(Source: P.A. 91‑544, eff. 1‑1‑00.)

(720 ILCS 5/16‑17)     Sec. 16‑17. Theft of advertising services.     (a) 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.     (b) Any person who knowingly attaches or inserts an unauthorized advertisement in a newspaper or periodical, and who redistributes it to the public or who has the intent to redistribute it to the public, is guilty of the offense of theft of advertising services.     (c) Sentence. Theft of advertising services is a Class A misdemeanor.     (d) This Section applies to any newspaper or periodical that is offered for retail sale or is distributed without charge.     (e) 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. (Source: P.A. 92‑428, eff. 8‑17‑01.)

(720 ILCS 5/16‑18)     Sec. 16‑18. Unlawful communication and access devices; definitions. As used in Sections 16‑19, 16‑20, and 16‑21, unless the context otherwise indicates:     "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.     "Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication 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 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

express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications system operated by a communication service provider; and

(2) any communication device which is capable of, or

has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.

"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication device or to modify, alter, program or reprogram a communication 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.     "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.     "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. (Source: P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑19)     Sec. 16‑19. Prohibited acts. A person commits an offense if he or she knowingly:     (1) obtains or uses a communication service without the authorization of, or compensation paid to, the communication service provider, or assists or instructs any other person in doing so with intent to defraud the communication service provider;     (2) possesses, uses, manufactures, assembles, distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution an unlawful communication device:         (A) for the commission of a theft of a communication

service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or

(B) to conceal or to assist another to conceal from

any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;

(3) modifies, alters, programs or reprograms a communication device for the purposes described in subdivision (2)(A) or (2)(B);     (4) possesses, uses, manufactures, assembles, leases, distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or     (5) possesses, uses, prepares, distributes, gives or otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution any:         (A) plans or instructions for making or assembling

an unlawful communication or access device, under circumstances evidencing an intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this Section, or knowing or having reason to believe that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this Section; or

(B) material, including hardware, cables, tools,

data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this Section.

(Source: P.A. 92‑728, eff. 1‑1‑03.)

(720 ILCS 5/16‑20)     Sec. 16‑20. Criminal penalties.     (a) Except for violations of Section 16‑19 as provided for in subsection (b) or (c) of this Section, a person who violates Section 16‑19 is guilty of a Class A misdemeanor.     (b) An offense under Section 16‑19 is a Class 4 felony if:         (1) the defendant has been convicted previously

under Section 16‑19 or convicted of any similar crime in this or any federal or other state jurisdiction; or

(2) the violation of Section 16‑19 involves at least

10, but not more than 50, unlawful communication or access devices; or

(3) a person engages in conduct identified in

subdivision (3) of Section 16‑19 for the purpose of, and with the intention of, substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers.

(c) An offense under Section 16‑19 is a Class 3 felony if:         (1) the defendant has been convicted previously on 2

or more occasions for offenses under Section 16‑19 or for any similar crime in this or any federal or other state jurisdiction; or

(2) the violation of Section 16‑19 involves more

than 50 unlawful communication or access devices.

(d) For purposes of grading an offense based upon a prior conviction under Section 16‑19 or for any similar crime under subdivisions (b)(1) and (c)(1) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under Section 16‑19 or any similar crime in this or any federal or other state jurisdiction.     (e) As provided for in subdivisions (b)(1) and (c)(1) of this Section, in grading an offense under Section 16‑19 based upon a prior conviction, the term "any similar crime" shall include, but not be limited to, offenses involving theft of service or fraud, including violations of the Cable Communications Policy Act of 1984 (Public Law 98‑549, 98 Stat. 2779).     (f) Separate offenses. For purposes of all criminal penalties or fines established for violations of Section 16‑19, the prohibited activity established in Section 16‑19 as it applies to each unlawful communication or access device shall be deemed a separate offense.     (g) Fines. For purposes of imposing fines upon conviction of a defendant for an offense under Section 16‑19, all fines shall be imposed in accordance with Article 9 of Chapter V of the Unified Code of Corrections.     (h) Restitution. The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating Section 16‑19 to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.     (i) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under Section 16‑19, 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.     (j) Venue. An offense under Section 16‑19 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 Section 16‑19 that some of the acts constituting the offense occurred outside of the State of Illinois. (Source: P.A. 92‑728, eff. 1‑1‑03; 93‑701, eff. 7‑9‑04.)

(720 ILCS 5/16‑21)     Sec. 16‑21. Civil actions.     (a) Any person aggrieved by a violation of Section 16‑19 may bring a civil action in any court of competent jurisdiction.     (b) The court may:         (1) grant preliminary and final injunctions to

prevent or restrain violations of Section 16‑19 without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;

(2) at any time while an action is pending, order

the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of Section 16‑19;

(3) award damages as described in subsection (c);         (4) in its discretion, award reasonable attorney's

fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and

(5) as part of a final judgment or decree finding a

violation of Section 16‑19, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (2) of this subsection (b).

(c) Types of damages recoverable. Damages awarded by a court under this Section shall be computed as either of the following:         (1) Upon his or her election of such damages at any

time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation of Section 16‑19 and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or

(2) Upon election by the complaining party at any

time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations of Section 16‑19 were committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.

(d) For purposes of all civil remedies established for violations of Section 16‑19, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation. (Source: P.A. 92‑728, eff. 1‑1‑03.)

    (720 ILCS 5/16‑22)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16‑22. Tampering with a security, fire, or life safety system.
    (a) A person commits the offense of 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. 94‑707, eff. 6‑1‑06.)
      (720 ILCS 5/Art. 16A heading)
ARTICLE 16A. RETAIL THEFT

(720 ILCS 5/16A‑1) (from Ch. 38, par. 16A‑1)     Sec. 16A‑1. Legislative declaration.) It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of retail theft is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2) (from Ch. 38, par. 16A‑2)     Sec. 16A‑2. Definitions. For the purposes of this Article, the words and phrases defined in Section 16A‑2.1 through 16A‑2.11 have the meanings ascribed to them in those Sections unless a contrary meaning is clear from the context. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.1) (from Ch. 38, par. 16A‑2.1)     Sec. 16A‑2.1. To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.2) (from Ch. 38, par. 16A‑2.2)     Sec. 16A‑2.2. "Full Retail Value" means the merchant's stated or advertised price of the merchandise. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.3) (from Ch. 38, par. 16A‑2.3)     Sec. 16A‑2.3. "Merchandise" means any item of tangible personal property. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.4) (from Ch. 38, par. 16A‑2.4)     Sec. 16A‑2.4. "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.5) (from Ch. 38, par. 16A‑2.5)     Sec. 16A‑2.5. "Minor" means a person who is less than 19 years of age, is unemancipated and resides with his parents or legal guardian. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.6) (from Ch. 38, par. 16A‑2.6)     Sec. 16A‑2.6. "Person" means any natural person or individual. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.7) (from Ch. 38, par. 16A‑2.7)     Sec. 16A‑2.7. "Peace officer" has the meaning ascribed to that term in Section 2‑13 of this Code. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.8) (from Ch. 38, par. 16A‑2.8)     Sec. 16A‑2.8. "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. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.9) (from Ch. 38, par. 16A‑2.9)     Sec. 16A‑2.9. "Retail Mercantile Establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.10) (from Ch. 38, par. 16A‑2.10)     Sec. 16A‑2.10. "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. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.11) (from Ch. 38, par. 16A‑2.11)     Sec. 16A‑2.11. "Under‑ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑2.12) (from Ch. 38, par. 16A‑2.12)     Sec. 16A‑2.12. "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. (Source: P.A. 85‑749.)

(720 ILCS 5/16A‑2.13) (from Ch. 38, par. 16A‑2.13)     Sec. 16A‑2.13. "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. (Source: P.A. 85‑749.)

(720 ILCS 5/16A‑3) (from Ch. 38, par. 16A‑3)     Sec. 16A‑3. Offense of Retail Theft. A person commits the offense of retail theft when he or she knowingly:     (a) Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise 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; or     (b) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or     (c) Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or     (d) Under‑rings with the intention of depriving the merchant of the full retail value of the merchandise; or     (e) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or     (f) Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or     (g) Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. A violation of this subsection shall be a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense; or     (h) Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand. (Source: P.A. 89‑373, eff. 1‑1‑96.)

    (720 ILCS 5/16A‑3.5)
    Sec. 16A‑3.5. Theft by emergency exit. A person commits the offense of theft by emergency exit when he or she commits a retail theft as defined in Section 16A‑3 and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
(Source: P.A. 94‑449, eff. 8‑4‑05.)

    (720 ILCS 5/16A‑4)(from Ch. 38, par. 16A‑4)
    Sec. 16A‑4. Presumptions. If any person:
    (a) conceals upon his or her person or among his or her belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
    (b) removes that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment such person shall be presumed to have 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.
(Source: P.A. 80‑352.)

(720 ILCS 5/16A‑5) (from Ch. 38, par. 16A‑5)     Sec. 16A‑5. Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such 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:     (a) To request identification;     (b) To verify such identification;     (c) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;     (d) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;     (e) In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person.     A merchant may make a detention as permitted herein 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 possession either a theft detection shielding device or a theft detection device remover. (Source: P.A. 91‑468, eff. 1‑1‑00.)

(720 ILCS 5/16A‑6) (from Ch. 38, par. 16A‑6)     Sec. 16A‑6. Affirmative Defense. A detention as permitted in this Article 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. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑7) (from Ch. 38, par. 16A‑7)     Sec. 16A‑7. Civil Liability.     (a) A person who commits the offense of retail theft as defined in Section 16A‑3 paragraphs (a), (b), (c), or (h) of this Code, 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

the merchandise as defined herein; plus

(ii) an amount not less than $100 nor more than

$1,000; plus

(iii) attorney's fees and court costs.     (b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or 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", approved October 6, 1969, as now or hereafter amended.     (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 hereunder.     (d) Judgments arising under this Section may be assigned. (Source: P.A. 93‑329, eff. 7‑24‑03.)

(720 ILCS 5/16A‑8) (from Ch. 38, par. 16A‑8)     Sec. 16A‑8. If any Section, clause, sentence, paragraph or part of this Article is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the Section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Source: P.A. 79‑840.)

(720 ILCS 5/16A‑9) (from Ch. 38, par. 16A‑9)     Sec. 16A‑9. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment. (Source: P.A. 79‑840.)

    (720 ILCS 5/16A‑10)(from Ch. 38, par. 16A‑10)
    Sec. 16A‑10. Sentence.
    (1) Retail theft of property, the full retail value of which does not exceed $150, is a Class A misdemeanor. Theft by emergency exit of property, the full retail value of which does not exceed $150, is a Class 4 felony.
    (2) A person who has been convicted of retail theft of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 3 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge of retail theft as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
    (3) Any retail theft of property, the full retail value of which exceeds $150, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $150, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $150, 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 $150.
(Source: P.A. 94‑449, eff. 8‑4‑05.)
      (720 ILCS 5/Art. 16B heading)
ARTICLE 16B. PROTECTION OF LIBRARY MATERIALS

(720 ILCS 5/16B‑1) (from Ch. 38, par. 16B‑1)     Sec. 16B‑1. Definitions. As used in this Article:     (a) "Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.     (b) "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.     (c) "Premises of a library facility" means the interior of a building, structure or other enclosure in which a library facility is located and in which the library facility keeps, displays and makes available for inspection or borrowing library material, but for purposes of this Article, such premises do not include the exterior appurtenances to such building, structure or enclosure nor the land on which such building, structure or other enclosure is located.     (d) "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 such borrowing by the library facility issuing such card. (Source: P.A. 84‑1308.)

(720 ILCS 5/16B‑2) (from Ch. 38, par. 16B‑2)     Sec. 16B‑2. Library Theft. A person commits the offense of library theft when he or she:     (a) Knowingly and intentionally removes any library material from the premises of a library facility without authority to do so; or     (b) Knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of a library facility and in such manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes such library material beyond the last point in the premises of that library facility at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of library material; or     (c) With the intent to deceive borrows or attempts to borrow any library material from a library facility by (i) use of a library card issued to another without the other's consent, or (ii) use of a library card knowing that it is revoked, cancelled or expired, or (iii) use of a library card knowing that it is falsely made, counterfeit or materially altered; or     (d) 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 willfully without good cause fails to return the library material so borrowed in accordance with such agreement or procedure, and further willfully 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.     A person who violates this subsection (d) is liable to the library for the cost of postage and attorney fees. (Source: P.A. 87‑898.)

(720 ILCS 5/16B‑2.1) (from Ch. 38, par. 16B‑2.1)     Sec. 16B‑2.1. Criminal mutilation or vandalism of library materials. A person commits criminal mutilation or vandalism of library materials when he knowingly tears, marks on, maliciously renders imperfect or otherwise damages or destroys library materials. (Source: P.A. 87‑435.)

(720 ILCS 5/16B‑3) (from Ch. 38, par. 16B‑3)     Sec. 16B‑3. Posting of Warning. Each library facility shall post a copy of this Act at a location adjacent to each entrance to the premises of the library facility and at each point in the premises of the library facility at which the borrowing of library materials occurs. (Source: P.A. 82‑603.)

(720 ILCS 5/16B‑4) (from Ch. 38, par. 16B‑4)     Sec. 16B‑4. Continuation of Prior Law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment. (Source: P.A. 82‑603.)

(720 ILCS 5/16B‑5) (from Ch. 38, par. 16B‑5)     Sec. 16B‑5. Sentence. (a) Library theft, as defined in paragraph (d) of Sec. 16B‑2, is a petty offense for which the offender may be fined an amount not to exceed $500 and be ordered to reimburse the library for actual replacement costs of the materials not returned.     (b) Library theft, other than as defined in paragraph (d) of Sec. 16B‑2, when the aggregate value of the library material which is the subject of such theft does not exceed $300, is a Class A misdemeanor.     (c) Any library theft, when the aggregate value of the library material which is the subject of such theft exceeds $300, is a Class 3 felony. For the purpose of sentencing under subsections (a), (b) and (c), separate transactions totalling more than $300 within a 90 day period shall be presumed to constitute a single offense.     (d) Criminal mutilation or vandalism of library materials, when the aggregate damage or loss of the library materials which are the subject of such mutilation or vandalism does not exceed $300, is a Class A misdemeanor.     (e) Criminal mutilation or vandalism of library materials, when the aggregate damage or loss of the library materials which are the subject of such mutilation or vandalism exceeds $300, is a Class 3 felony. For the purpose of sentencing under subsections (d) and (e), separate acts totalling more than $300 within a 90 day period shall be presumed to constitute a single offense. (Source: P.A. 84‑925.)

      (720 ILCS 5/Art. 16C heading)
ARTICLE 16C. UNLAWFUL SALE OF HOUSEHOLD APPLIANCES

(720 ILCS 5/16C‑1) (from Ch. 38, par. 16C‑1)     Sec. 16C‑1. Definitions. For purposes of this Article the following words and phrases have the following meaning:     (1) "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.     (2) "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.     (3) "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 by the manufacturer for purposes of identifying a particular appliance individually or by lot number. (Source: P.A. 87‑435.)

(720 ILCS 5/16C‑2) (from Ch. 38, par. 16C‑2)     Sec. 16C‑2. (a) A person commits the offense of 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) Violation of this Section is a Class 4 felony, if the value of the appliance or appliances exceeds $1,000 and a Class B misdemeanor if the value of the appliance or appliances is $1,000 or less.     (c) No liability shall be imposed upon any person for the unintentional failure to comply with this Section. (Source: P.A. 87‑435.)

(720 ILCS 5/16C‑3) (from Ch. 38, par. 16C‑3)     Sec. 16C‑3. Continuation of prior law. The provisions of this Article, insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment. (Source: P.A. 87‑435.)

      (720 ILCS 5/Art. 16D heading)
ARTICLE 16D.
COMPUTER CRIME

(720 ILCS 5/16D‑1) (from Ch. 38, par. 16D‑1)     Sec. 16D‑1. Short title. This Article shall be known and may be cited as the "Computer Crime Prevention Law". (Source: P.A. 85‑926.)

(720 ILCS 5/16D‑2) (from Ch. 38, par. 16D‑2)     Sec. 16D‑2. Definitions. As used in this Article, unless the context otherwise indicates:     (a) "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.     (a‑5) "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 the communications facilities.     (b) "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.     (b‑5) "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.     (c) "Data" means a representation of information, knowledge, facts, concepts or instructions, including program documentation, which is prepared in a formalized manner and is stored or processed in or transmitted by a computer. Data shall be 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.     (c‑5) "Electronic mail service provider" means any person who (1) is an intermediary in sending or receiving electronic mail and (2) provides to end‑users of electronic mail services the ability to send or receive electronic mail.     (d) 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.     (e) "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.     (f) "Services" includes but is not limited to computer time, data manipulation or storage functions.     (g) "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. Public health, safety, or welfare 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. 91‑233, eff. 1‑1‑00.)

(720 ILCS 5/16D‑3) (from Ch. 38, par. 16D‑3)     Sec. 16D‑3. Computer Tampering.     (a) A person commits the offense of computer tampering when he knowingly and without the authorization of a computer's owner, as defined in Section 15‑2 of this Code, or in excess of the authority granted to him:         (1) Accesses or causes to be accessed a computer or

any part thereof, or a program or data;

(2) Accesses or causes to be accessed a computer or

any part thereof, or a program or data, and obtains data or services;

(3) Accesses or causes to be accessed a computer or

any part thereof, or a program or data, and damages or destroys the computer or alters, deletes or removes a computer program or data;

(4) Inserts or attempts to insert a "program" into a

computer or computer program knowing or having reason to believe that such "program" contains information or commands that will or may damage or destroy that computer, or any other computer subsequently accessing or being accessed by that computer, or that will or may alter, delete or remove a computer program or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer, or that will or may cause loss to the users of that computer or the users of a computer which accesses or which is accessed by such "program";

(5) Falsifies or forges electronic mail transmission

information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers;

(a‑5) It shall be 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 of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (2) has only a limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (3) is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.     (b) Sentence.         (1) A person who commits the offense of computer

tampering as set forth in subsection (a)(1), (a)(5), or (a‑5) of this Section shall be guilty of a Class B misdemeanor.

(2) A person who commits the offense of computer

tampering as set forth in subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.

(3) A person who commits the offense of computer

tampering as set forth in subsection (a)(3) or subsection (a)(4) of this Section shall be guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.

(4) If the injury arises from the transmission of

unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each and every unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.

(5) If the injury arises from the transmission of

unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each and every unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.

(6) The provisions of this Section shall not be

construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

(c) Whoever suffers loss by reason of a violation of subsection (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. 91‑233, eff. 1‑1‑00.)

(720 ILCS 5/16D‑4) (from Ch. 38, par. 16D‑4)     Sec. 16D‑4. Aggravated Computer Tampering. (a) A person commits aggravated computer tampering when he commits the offense of computer tampering as set forth in subsection (a)(3) of Section 16D‑3 and he knowingly:     (1) causes disruption of or interference with vital services or operations of State or local government or a public utility; or     (2) creates a strong probability of death or great bodily harm to one or more individuals.     (b) Sentence. (1) A person who commits the offense of aggravated computer tampering as set forth in subsection (a)(1) of this Section shall be guilty of a Class 3 felony.     (2) A person who commits the offense of aggravated computer tampering as set forth in subsection (a)(2) of this Section shall be guilty of a Class 2 felony. (Source: P.A. 86‑820.)

(720 ILCS 5/16D‑5) (from Ch. 38, par. 16D‑5)     Sec. 16D‑5. Computer Fraud. (a) A person commits the offense of computer fraud when he knowingly:     (1) Accesses or causes to be accessed a computer or any part thereof, or a program or data, for the purpose of devising or executing any scheme, artifice to defraud, or as part of a deception;     (2) Obtains use of, damages, or destroys a computer or any part thereof, or alters, deletes, or removes any program or data contained therein, in connection with any scheme, artifice to defraud, or as part of a deception; or     (3) Accesses or causes to be accessed a computer or any part thereof, or a program or data, and obtains money or control over any such money, property, or services of another in connection with any scheme, artifice to defraud, or as part of a deception.     (b) Sentence. (1) A person who commits the offense of computer fraud as set forth in subsection (a)(1) of this Section shall be guilty of a Class 4 felony.     (2) A person who commits the offense of computer fraud as set forth in subsection (a)(2) of this Section shall be guilty of a Class 3 felony.     (3) A person who commits the offense of computer fraud as set forth in subsection (a)(3) of this Section shall:     (i) be guilty of a Class 4 felony if the value of the money, property or services is $1,000 or less; or     (ii) be guilty of a Class 3 felony if the value of the money, property or services is more than $1,000 but less than $50,000; or     (iii) be guilty of a Class 2 felony if the value of the money, property or services is $50,000 or more. (Source: P.A. 85‑926.)

(720 ILCS 5/16D‑6) (from Ch. 38, par. 16D‑6)     Sec. 16D‑6. Forfeiture. 1. Any person who commits the offense of computer fraud as set forth in Section 16D‑5 shall forfeit, according to the provisions of this Section, any monies, profits or proceeds, and any interest or property which the sentencing court determines he has acquired or maintained, directly or indirectly, in whole or in part, as a result of such offense. Such person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords him a source of influence over any enterprise which he has established, operated, controlled, conducted or participated in conducting, where his relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he has obtained or acquired through computer fraud.     Proceedings instituted pursuant to this Section shall be subject to and conducted in accordance with the following procedures:     (a) The sentencing court shall, upon petition by the prosecuting agency, whether it is the Attorney General or a State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this Section. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to such forfeiture.     (b) In any action brought by the People of the State of Illinois under this Section, the circuit courts of Illinois shall have jurisdiction to enter such restraining orders, injunctions or prohibitions, or to take such other action in connection with any real, personal, or mixed property or other interest subject to forfeiture, as they shall consider proper.     (c) In any action brought by the People of the State of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with computer fraud shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of computer fraud and whether the property or interest is subject to forfeiture pursuant to this Section. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury, where the People shall establish: (1) probable cause that the person or persons so charged have committed the offense of computer fraud, and (2) probable cause that any property or interest may be subject to forfeiture pursuant to this Section. Such hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of computer fraud or the return of an indictment by a grand jury charging the offense of computer fraud as sufficient evidence of probable cause for purposes of this Section. Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture under this Section as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this Section. The Attorney General or State's Attorney shall file a certified copy of such restraining order, injunction or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition or other action. The court may release such property to the defendant for good cause shown and within the sound discretion of the court.     (d) Upon conviction of a person under Section 16D‑5, the court shall authorize the Attorney General to seize and sell all property or other interest declared forfeited under this Act, unless such property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General to segregate funds from the proceeds of such sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this Section; or (3) to satisfy any bona‑fide purchaser for value of the right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General shall publish notice of the order and his intent to dispose of the property. Within the 30 days following such publication, any person may petition the court to adjudicate the validity of his alleged interest in the property.     After the deduction of all requisite expenses of administration and sale, the Attorney General shall distribute the proceeds of such sale, along with any moneys forfeited or seized as follows:     (1) 50% shall be distributed to the unit of local government whose officers or employees conducted the investigation into computer fraud and caused the arrest or arrests and prosecution leading to the forfeiture. Amounts distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. In the event, however, that the investigation, arrest or arrests and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided hereunder shall be paid into the State Police Services Fund of the Illinois Department of State Police to be used for training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud.     (2) 50% shall be distributed to the county in which the prosecution and petition for forfeiture resulting in the forfeiture was instituted by the State's Attorney, and deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. Where a prosecution and petition for forfeiture resulting in the forfeiture has been maintained by the Attorney General, 50% of the proceeds shall be paid into the Attorney General's Financial Crime Prevention Fund. Where the Attorney General and the State's Attorney have participated jointly in any part of the proceedings, 25% of the proceeds forfeited shall be paid to the county in which the prosecution and petition for forfeiture resulting in the forfeiture occurred, and 25% shall be paid to the Attorney General's Financial Crime Prevention Fund to be used for the purposes as stated in this subsection.     2. Where any person commits a felony under any provision of this Code or another statute and the instrumentality used in the commission of the offense, or in connection with or in furtherance of a scheme or design to commit the offense, is a computer owned by the defendant or if the defendant is a minor, owned by his or her parents or legal guardian, the computer shall be subject to the provisions of this Section. However, in no case shall a computer, or any part thereof, be subject to the provisions of the Section if the computer accessed in the commission of the offense is owned or leased by the victim or an innocent third party at the time of the commission of the offense or if the rights of creditors, lienholders, or any person having a security interest in the computer at the time of the commission of the offense shall be adversely affected. (Source: P.A. 85‑1042.)

(720 ILCS 5/16D‑7) (from Ch. 38, par. 16D‑7)     Sec. 16D‑7. Rebuttable Presumption ‑ without authority. In the event that a 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, a rebuttable presumption exists that the computer was accessed without the authorization of its owner or in excess of the authority granted. (Source: P.A. 85‑926.)

      (720 ILCS 5/Art. 16E heading)
ARTICLE 16E.
DELIVERY CONTAINER CRIME

(720 ILCS 5/16E‑1) (from Ch. 38, par. 16E‑1)     Sec. 16E‑1. Short title. This Article may be cited as the Delivery Container Crime Law. (Source: P.A. 87‑613.)

(720 ILCS 5/16E‑2) (from Ch. 38, par. 16E‑2)     Sec. 16E‑2. Definitions. "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. Any person who is the owner of any container upon which a trade mark has been placed or affixed, stamped, impressed, labeled, blown‑in or otherwise marked on it, may file with the Secretary of State a written statement or description of the trade mark used on any container in a manner provided in Section 3 of the Registered Container Trade Mark Act. (Source: P.A. 87‑613.)

(720 ILCS 5/16E‑3) (from Ch. 38, par. 16E‑3)     Sec. 16E‑3. Offense.     (a) A person commits the offense of delivery container theft when he knowingly does any of the following:         (1) Uses for any purpose, when not on the premises

of the owner or an adjacent parking area, a container of another person which is marked by a name or mark unless the use is authorized by the owner.

(2) Sells, or offers for sale, a container of

another person which is marked by a name or mark unless the sale is authorized by the owner.

(3) Defaces, obliterates, destroys, covers up or

otherwise removes or conceals a name or mark on a container of another person without the written consent of the owner.

(4) Removes the container of another person from the

premises, parking area or any other area under the control of any processor, distributor or retail establishment, or from any delivery vehicle, without the consent of the owner of the container. Any person who possesses any marked or named container without the consent of the owner and while not on the premises, parking area or other area under control of a processor, distributor or retail establishment doing business with the owner shall be presumed to have removed the container in violation of this paragraph.

(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 container marked with a name or mark without having in its possession a bill of lading or invoice for that container commits the offense of delivery container theft. (Source: P.A. 87‑613.)

(720 ILCS 5/16E‑4) (from Ch. 38, par. 16E‑4)     Sec. 16E‑4. Sentence. (a) 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. 87‑613.)

      (720 ILCS 5/Art. 16F heading)
ARTICLE 16F. WIRELESS SERVICE THEFT

(720 ILCS 5/16F‑1)     Sec. 16F‑1. Short title. This Article may be cited as the Wireless Service Theft Prevention Law. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑2)     Sec. 16F‑2. Definitions. As used in this Article, the following words and phrases shall have the meanings given to them in this Section:     "Manufacture of an unlawful wireless device" means to produce or assemble an unlawful wireless device or to modify, alter, program, or reprogram a wireless device to be capable of acquiring or facilitating the acquisition of wireless service without the consent of the wireless service provider.     "Unlawful wireless device" means any electronic serial number, mobile identification number, personal identification number, or any wireless device that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider. The term includes, but is not limited to, phones altered to obtain service without the consent of the wireless service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, scanning receivers of wireless service of a wireless service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a wireless service provider.     "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.     "Wireless service" or "telephone service" includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images and sounds, or intelligence of any nature by telephone, including cellular telephones, wireless, radio, electromagnetic, photoelectronic, or photo‑optical system.     "Wireless service provider" means a person or entity providing telecommunication service, including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity that, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑3)     Sec. 16F‑3. Theft of wireless service.     (a) A person commits the offense of theft of wireless service if he or she intentionally obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider.     (b) Theft of wireless service is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. For a second or subsequent offense, or if the person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction, theft of wireless service is a Class 2 felony. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑4)     Sec. 16F‑4. Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services.     (a) A person commits the offense of facilitating theft of wireless service when he or she:         (1) makes, distributes, possesses, uses, or

assembles an unlawful wireless device or modifies, alters, programs, or reprograms a wireless device designed, adapted, or that can be used:

(i) for commission of a theft of wireless

service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or

(ii) to conceal or to assist another to conceal

from any wireless service or from any lawful authority the existence or place of origin or of destination of any telecommunication; or

(2) sells, possesses, distributes, gives, or

otherwise transfers to another or offers, promotes, or advertises for sale:

(i) any unlawful wireless device, or any plans

or instructions for making or assembling an unlawful wireless device, under circumstances evidencing an intent to use or employ the unlawful wireless device, or to allow it to be used or employed, for a purpose described in paragraph (1) or knowing or having reason to believe that the unlawful wireless device is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling an unlawful wireless device; or

(ii) any material, including hardware, cables,

tools, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful wireless device.

(b) Facilitating theft of wireless service is a Class A misdemeanor when the aggregate value of service obtained is less than $300 and a Class 4 felony when the aggregate value of service obtained is $300 or more. For a second or subsequent offense, or if the person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction, facilitating theft of wireless service is a Class 2 felony. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑5)     Sec. 16F‑5. Restitution. The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this Article to make restitution in the manner described in Section 5‑5‑6 of the Unified Code of Corrections. (Source: P.A. 89‑497, eff. 6‑27‑96.)

(720 ILCS 5/16F‑6)     Sec. 16F‑6. Civil remedy. A wireless service provider aggrieved by a violation of this Article may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees. (Source: P.A. 89‑497, eff. 6‑27‑96.)

      (720 ILCS 5/Art. 16G heading)
ARTICLE 16G. IDENTITY THEFT LAW

(720 ILCS 5/16G‑1)     Sec. 16G‑1. Short title. This Article may be cited as the Identity Theft Law. (Source: P.A. 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑5)     Sec. 16G‑5. Legislative declaration.     (a) It is the public policy of this State that the substantial burden placed upon the economy of this State as a result of the rising incidence of identity theft and the negative effect of this crime on the People of this State and its victims is a matter of grave concern to the People of this State who have the right to be protected in their health, safety, and welfare from the effects of this crime, and therefore identity theft shall be identified and dealt with swiftly and appropriately considering the onerous nature of the crime.     (b) The widespread availability and unauthorized access to personal identification information have led and will lead to a substantial increase in identity theft related crimes. (Source: P.A. 93‑401, eff. 7‑31‑03.)

    (720 ILCS 5/16G‑10)
    Sec. 16G‑10. Definitions. In this Article unless the context otherwise requires:
    (a) "Personal identification document" means a birth certificate, a drivers 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.
    (b) "Personal identifying information" means any of the following information:
        (1) A person's name;
        (2) A person's address;
        (2.5) A person's date of birth;
        (3) A person's telephone number;
        (4) A person's drivers license number or State of

Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state;

(5) A person's Social Security number;         (6) A person's public, private, or government

employer, place of employment, or employment identification number;

(7) The maiden name of a person's mother;         (8) The number assigned to a person's depository

account, savings account, or brokerage account;

(9) The number assigned to a person's credit or

debit card, commonly known as a "Visa Card", "Master Card", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity;

(10) Personal identification numbers;         (11) Electronic identification numbers;         (12) Digital signals;         (13) Any other numbers or information which can be

used to access a person's financial resources, or to identify a specific individual.

(c) "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.     (d) "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,

account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:

(A) Obtaining money, cash refund or credit

account, credit, goods, services, or any other thing of value.

(B) Certifying or guaranteeing to a person or

business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.

(C) Providing the device holder access to a

deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑38, eff. 6‑16‑05.)

    (720 ILCS 5/16G‑14)
    Sec. 16G‑14. Transmission of personal identifying information prohibited.
    (a) A person who is not a party to a transaction that involves the use of a financial transaction device may not secretly or surreptitiously photograph, or otherwise capture or record, electronically or by any other means, or distribute, disseminate, or transmit, 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

identifying information in the ordinary and lawful course of business;

(2) apply to a peace officer of this State, or of the

federal government, or the officer's agent, while in the lawful performance of the officer's duties;

(3) 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 this Section.

(c) Sentence. A person who violates this Section is

guilty of a Class A misdemeanor.

(Source: P.A. 94‑38, eff. 6‑16‑05.)

    (720 ILCS 5/16G‑15)
    Sec. 16G‑15. Identity theft.
    (a) A person commits the offense of identity theft when he or she knowingly:
        (1) uses any personal identifying information or

personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property, or

(2) uses any personal identification information or

personal identification document of another with intent to commit any felony theft or other felony violation of State law not set forth in paragraph (1) of this subsection (a), or

(3) obtains, records, possesses, sells, transfers,

purchases, or manufactures any personal identification information or personal identification document of another with intent to commit or to aid or abet another in committing any felony theft or other felony violation of State law, or

(4) uses, obtains, records, possesses, sells,

transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority, or

(5) uses, transfers, or possesses document‑making

implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony theft or other felony violation of State law.

(b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document.     (c) When a charge of 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.     (d) Sentence.         (1) A person convicted of identity theft in

violation of paragraph (1) of subsection (a) shall be sentenced as follows:

(A) identity theft of credit, money, goods,

services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a Class 3 felony. When a person has any such prior conviction, the information or indictment charging that person shall state the prior conviction so as to give notice of the State's intention to treat the charge as a Class 3 felony. The fact of the prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during the trial.

(B) Identity theft of credit, money, goods,

services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony.

(C) Identity theft of credit, money, goods,

services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony.

(D) Identity theft of credit, money, goods,

services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony.

(E) Identity theft of credit, money, goods,

services, or other property exceeding $100,000 in value is a Class X felony.

(2) A person convicted of any offense enumerated in

paragraphs (2) through (5) of subsection (a) is guilty of a Class 3 felony.

(3) A person convicted of any offense enumerated in

paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony.

(4) A person who, within a 12 month period, is found

in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) with respect to the identifiers of 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑39, eff. 6‑16‑05.)

    (720 ILCS 5/16G‑20)
    Sec. 16G‑20. Aggravated identity theft.
    (a) A person commits the offense of aggravated identity theft when he or she commits the offense of identity theft as set forth in subsection (a) of Section 16G‑15 against a person 60 years of age or older or a disabled person as defined in Section 16‑1.3 of this Code.
    (b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document.
    (c) When a charge of 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.
    (d) 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.
    (e) Sentence.
        (1) Aggravated identity theft of credit, money,

goods, services, or other property not exceeding $300 in value is a Class 3 felony.

(2) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.

(3) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.

(4) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $100,000 in value is a Class X felony.

(5) A person who has been previously convicted of

aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.

(Source: P.A. 93‑401, eff. 7‑31‑03; 94‑39, eff. 6‑16‑05.)

(720 ILCS 5/16G‑21)     Sec. 16G‑21. Civil remedies. A person who is convicted of 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. (Source: P.A. 92‑686, eff. 7‑16‑02; 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑25)     Sec. 16G‑25. Offenders interest in the property. 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. (Source: P.A. 93‑401, eff. 7‑31‑03.)

(720 ILCS 5/16G‑30)     Sec. 16G‑30. 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 the court, on its own motion or upon application of the prosecuting attorney, 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 (b) 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. (Source: P.A. 93‑195, eff. 1‑1‑04.)

      (720 ILCS 5/Art. 16H heading)
ARTICLE 16H. ILLINOIS FINANCIAL CRIME LAW

(720 ILCS 5/16H‑1)     Sec. 16H‑1. Short title. This Article may be cited as the Illinois Financial Crime Act. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑5)     Sec. 16H‑5. Legislative declaration. It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of financial crime is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime. (Source: P.A. 93‑440, eff. 8‑5‑03.)

    (720 ILCS 5/16H‑10)
    Sec. 16H‑10. Definitions. In this Article unless the context otherwise requires:
    (a) "Financial crime" means an offense described in this Article.
    (b) "Financial institution" means any bank, savings bank, savings and loan association, credit union, trust company, currency exchange, or a depository of money, or medium of savings and collective investment.
(Source: P.A. 93‑440, eff. 8‑5‑03; 94‑872, eff. 6‑16‑06.)

(720 ILCS 5/16H‑15)     Sec. 16H‑15. Misappropriation of financial institution property. A person commits the offense of misappropriation of a financial institution's property whenever the person knowingly misappropriates, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such financial institution, or any moneys, funds, assets or securities entrusted to the custody or care of such financial institution, or to the custody or care of any agent, officer, director, or employee of such financial institution. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑20)     Sec. 16H‑20. Commercial bribery involving a financial institution.     (a) A person commits the offense of commercial bribery involving a financial institution when the person 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 or her conduct in relation to his or her employer's or principal's affairs.     (b) An employee, agent, or fiduciary of a financial institution commits the offense of commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑25)     Sec. 16H‑25. Financial institution fraud. A person commits the offense of financial institution fraud when the person 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,

assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.

For the purposes of this Section, "scheme or artifice to defraud" includes a scheme or artifice to deprive a financial institution of the intangible right to honest services. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑30)     Sec. 16H‑30. Loan fraud. A person commits the offense of loan fraud when the person knowingly, with intent to defraud, makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing 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. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑35)     Sec. 16H‑35. Concealment of collateral. A person commits the offense of concealment of collateral when the person, 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. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑40)     Sec. 16H‑40. Financial institution robbery. A person commits the offense of financial institution robbery when the person, 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. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑45)     Sec. 16H‑45. Conspiracy to commit a financial crime.     (a) A person commits the offense of a conspiracy to commit a financial crime when, with the intent that a violation of this Article be committed, the person agrees with another person to the commission of that offense.     (b) No person may be convicted of conspiracy to commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co‑conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.     (c) It shall not be a defense to the offense of a conspiracy to commit a financial crime that the person or persons with whom the accused is alleged to have conspired:         (1) has not been prosecuted or convicted,         (2) has been convicted of a different offense,         (3) is not amenable to justice,         (4) has been acquitted, or         (5) lacked the capacity to commit the offense. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑50)     Sec. 16H‑50. Continuing financial crimes enterprise. A person commits the offense of a continuing financial crimes enterprise when the person knowingly, within an 18 month period, commits 3 or more separate offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑55)     Sec. 16H‑55. Organizer of a continuing financial crimes enterprise.     (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person:         (1) with the intent to commit an offense under this

Article, or, if involving a financial institution, any other felony offense established under this Code, agrees with another person to the commission of that offense on 3 or more separate occasions within an 18 month period, and

(2) with respect to the other persons within the

conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.

(b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑60)     Sec. 16H‑60. Sentence.     (a) A financial crime, the full value of which does not exceed $300, is a Class A misdemeanor.     (b) A person who has been convicted of a financial crime, the full value of which does not exceed $300, and who has been previously convicted of a financial crime or any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion, is guilty of a Class 4 felony. When a person has such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.     (c) A financial crime, the full value of which exceeds $300 but does not exceed $10,000, is a Class 3 felony. When a charge of financial crime, the full value of which exceeds $300 but does not exceed $10,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $300.     (d) A financial crime, the full value of which exceeds $10,000 but does not exceed $100,000, is a Class 2 felony. When a charge of financial crime, the full value of which exceeds $10,000 but does not exceed $100,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $10,000.     (e) A financial crime, the full value of which exceeds $100,000, is a Class 1 felony. When a charge of financial crime, the full value of which exceeds $100,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $100,000.     (f) A financial crime which is a financial institution robbery is a Class 1 felony.     (g) A financial crime which is a continuing financial crimes enterprise is a Class 1 felony.     (h) A financial crime which is the offense of being an organizer of a continuing financial crimes enterprise is a Class X felony.     (i) Notwithstanding any other provisions of this Section, a financial crime which is loan fraud in connection with a loan secured by residential real estate is a Class 4 felony. (Source: P.A. 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/16H‑65)     Sec. 16H‑65. Period of limitations. The period of limitations for prosecution of any offense defined in this Article begins at the time when the last act in furtherance of the offense is committed. (Source: P.A. 93‑440, eff. 8‑5‑03.)

 
    (720 ILCS 5/Art. 16J heading)
    (Text of Article heading from P.A. 94‑179)
ARTICLE 16J. ONLINE PROPERTY OFFENSES (Source: P.A. 94‑179, eff. 7‑12‑05.)

    (Text of Article heading from P.A. 94‑700)
    (This Article heading may contain text from a Public Act with a delayed effective date)
ARTICLE 16J. THEFT OF MOTOR FUEL(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑5)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑5. Definitions. In this Article:
    "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.
    "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.
    "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.
    "Online" means the use of any electronic or wireless device to access the Internet.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑5. Legislative declaration. It is the public policy of this State that the substantial burden placed upon the economy of this State resulting from the rising incidence of theft of motor fuel is a matter of grave concern to the people of this State who have a right to be protected in their health, safety and welfare from the effects of this crime.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑10)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑10. Online sale of stolen property. A person commits the offense of online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑10. Definitions. For the purposes of this Article:
    "Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
    "Retailer" means a person, business, or establishment that sells motor fuel at retail.
    "Vehicle" means a motor vehicle, motorcycle, or farm implement that is self‑propelled and that uses motor fuel for propulsion.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑15)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑15. Online theft by deception. A person commits the offense of 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.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑15. Offense of theft of motor fuel. A person commits the offense of theft of motor fuel when he or she knowingly dispenses motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaves the premises of the establishment without making payment or the authorized charge for the motor fuel with the intention of depriving the establishment in which the motor fuel is offered for retail sale of the possession, use, or benefit of that motor fuel without paying the full retail value of the motor fuel.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑20)
    Sec. 16J‑20. Electronic fencing. A person commits the offense of 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.
(Source: P.A. 94‑179, eff. 7‑12‑05.)

    (720 ILCS 5/16J‑25)
    (Text of Section from P.A. 94‑179)
    Sec. 16J‑25. Sentence. A violation of this Article is a Class 4 felony if the full retail value of the stolen property or property obtained by deception does not exceed $150. A violation of this Article is a Class 2 felony if the full retail value of the stolen property or property obtained by deception exceeds $150.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
 
    (Text of Section from P.A. 94‑700)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑25. Civil liability. A person who commits the offense of theft of motor fuel as described in Section 16J‑15 is civilly liable to the retailer as prescribed in Section 16A‑7.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑30)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑30. Sentence.
    (a) Theft of motor fuel, the full retail value of which does not exceed $150, is a Class A misdemeanor.
    (b) A person who has been convicted of theft of motor fuel, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a Class 4 felony. When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
    (c) Any theft of motor fuel, the full retail value of which exceeds $150, is a Class 3 felony. When a charge of theft of motor fuel, the full value of which exceeds $150, is brought, the value of the motor fuel involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $150.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑35)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑35. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of that Article 16 and not as a new enactment.
(Source: P.A. 94‑700, eff. 6‑1‑06.)

    (720 ILCS 5/16J‑40)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 16J‑40. Severability. The provisions of this Article are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 94‑700, eff. 6‑1‑06.)
      (720 ILCS 5/Art. 17 heading)
ARTICLE 17. DECEPTION

    (720 ILCS 5/17‑1)(from Ch. 38, par. 17‑1)
    Sec. 17‑1. Deceptive practices.
(A) Definitions.
    As used in this Section:
        (i) "Financial institution" means any bank, savings

and loan association, credit union, or other depository of money, or medium of savings and collective investment.

(ii) An "account holder" is any person having a

checking account or savings account in a financial institution.

(iii) To act with the "intent to defraud" means to

act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived.

(B) General Deception.     A person commits a deceptive practice when, with intent to defraud, the person does any of the following:         (a) He or she causes another, by deception or

threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred.

(b) Being an officer, manager or other person

participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.

(c) He or she knowingly makes or directs another to

make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services.

(d) With intent to obtain control over property or

to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he or she has the intent to defraud. In this paragraph (d), "property" includes rental property (real or personal).

(e) He or she issues or delivers a check or other

order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.

Sentence.     A person convicted of a deceptive practice under paragraph (a), (b), (c), (d), or (e) of this subsection (B), except as otherwise provided by this Section, is guilty of a Class A misdemeanor.     A person convicted of a deceptive practice in violation of paragraph (d) a second or subsequent time shall be guilty of a Class 4 felony.     A person convicted of deceptive practices in violation of paragraph (d), when the value of the property so obtained, in a single transaction, or in separate transactions within a 90 day period, exceeds $150, shall be guilty of a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90 day period, such separate transactions shall be alleged in a single charge and provided in a single prosecution.   (C) Deception on a Bank or Other Financial Institution.     (1) False Statements.     Any person who, with the 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, is guilty of a Class A misdemeanor.     For purposes of this subsection (C), a false statement shall mean 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.     Any person who 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 is guilty of a Class A misdemeanor. 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. In the event that 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.     Any person who, within any 12 month period, violates this Section with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.     (3) Possession of Implements of Check Fraud.     Any person who 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 is guilty of a Class A misdemeanor.     A person who within any 12 month period violates this subsection (C) as to possession of 3 or more such devices at the same time or consecutively, is guilty of a Class 4 felony.     (4) Possession of Identification Card.     Any person who, 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 is guilty of a Class A misdemeanor.     A person who, within any 12 month period, violates this Section at the same time or consecutively with respect to 3 or more cards, each the property of different account holders, is guilty of a Class 4 felony.     A person convicted under this Section, when the value of property so obtained, in a single transaction, or in separate transactions within any 90 day period, exceeds $150 shall be guilty of a Class 4 felony. (Source: P.A. 94‑872, eff. 6‑16‑06.)

(720 ILCS 5/17‑1a) (from Ch. 38, par. 17‑1a)     Sec. 17‑1a. Civil Liability for Deceptive Practices. A person who issues a check or order to a payee in violation of Section 17‑1(B) (d) 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 by both certified mail and by first class mail to the person's last know address; or attempted delivery of a written demand sent by both 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 fees and court costs.     A cause of action under this Section may be brought in small claims court or in any other appropriate court. As part of the written demand required by this Section, the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this Section, 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, and service and attorney fees. (Source: P.A. 89‑378, eff. 8‑18‑95; 90‑227, eff. 1‑1‑98; 90‑721, eff. 1‑1‑99.)

(720 ILCS 5/17‑1b)     Sec. 17‑lb. 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 Section 17‑1a 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

pending against the offender;

(4) the evidence presented to the State's Attorney

regarding the facts and circumstances of the incident;

(5) the offender's criminal history; and         (6) the reason the check was dishonored by the

financial institution.

(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

successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney;

(ii) make full restitution for the offense;         (iii) pay a per‑check administrative fee as set

forth in this Section.

(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. 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 adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded.

(2)  (A) Each private entity that has a contract

with the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "Trust Account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.

(B) The trust account shall be established in a

bank, savings and loan association, or other recognized depository which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day.

(C) Each private entity shall keep on file the

name of the bank, savings and loan association, or other recognized depository in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.

(3) The State's Attorney may cancel a contract

entered into with a private entity under this Section for any one or any combination of the following causes:

(A) Conviction of the private entity or the

principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.

(B) A determination that the private entity has

engaged in conduct prohibited in item (4).

(4) The State's Attorney may determine whether the

private entity has engaged in the following prohibited conduct:

(A) Using or threatening to use force or

violence to cause physical harm to an offender, his or her family, or his or her property.

(B) Threatening the seizure, attachment, or sale

of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required.

(C) Disclosing or threatening to disclose

information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false.

(D) Initiating or threatening to initiate

communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order.

(E) Communicating with the offender or any

member of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment:

(i) Communicating with the offender or any

member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence.

(ii) The threat of publication or

publication of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney.

(iii) The threat of advertisement or

advertisement for sale of any restitution to coerce payment of the restitution.

(iv) Causing a telephone to ring or engaging

any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(v) Using profane, obscene or abusive

language in communicating with an offender, his or her family, or others.

(vi) Disclosing or threatening to

disclose information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel.

(vii) Disclosing or threatening to

disclose information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation.

(viii) Engaging in any conduct which the

State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family.

(ix) Attempting or threatening to enforce a

right or remedy with knowledge or reason to know that the right or remedy does not exist.

(x) Except as authorized by the State's

Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not.

(xi) Using any badge, uniform, or other

indicia of any governmental agency or official, except as authorized by law or by the State's Attorney.

(xii) Except as authorized by the State's

Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not.

(xiii) Misrepresenting the amount of the

restitution alleged to be owed.

(xiv) Except as authorized by the State's

Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution.

(xv) Except as authorized by the State's

Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not.

(xvi) Collecting or attempting to collect

any interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee.

(xvii) Communicating or threatening to

communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent.

(xviii) Engaging in dishonorable, unethical,

or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(5) The State's Attorney shall audit the accounts of

the bad check diversion program after notice in writing to the private entity.

(6) Any information obtained by a private entity

that has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney.

(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. 93‑394, eff. 7‑29‑03.)

    (720 ILCS 5/17‑2)(from Ch. 38, par. 17‑2)
    Sec. 17‑2. False personation; use of title; solicitation; certain entities.
    (a) A person commits a false personation when he or she falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when any person exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
    (a‑5) A person commits a false personation when he or she falsely represents himself or herself to be a veteran in seeking employment or public office. In this subsection, "veteran" means a person who has served in the Armed Services or Reserved Forces of the United States.
    (a‑6) A person commits a false personation when he or she falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States government, irrespective of branch of service: the Congressional Medal of Honor, the Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Silver Star, the Bronze Star, or the Purple Heart.
    It is a defense to a prosecution under this subsection (a‑6) that the medal is used, or is intended to be used, exclusively:
        (1) for a dramatic presentation, such as a

theatrical, film, or television production, or a historical re‑enactment; or

(2) for a costume worn, or intended to be worn, by a

person under 18 years of age.

(b) No person shall use the words "Chicago Police," "Chicago Police Department," "Chicago Patrolman," "Chicago Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the Chicago Police Board.     (b‑5) No person shall use the words "Cook County Sheriff's Police" or "Cook County Sheriff" or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the office of the Cook County Sheriff's Merit Board. The references to names and titles in this Section may not be construed as authorizing use of the names and titles of other organizations or public safety personnel organizations otherwise prohibited by this Section or the Solicitation for Charity Act.     (c) (Blank).     (c‑1) No person may claim or represent that he or she is acting on behalf of any police department, chief of a police department, fire department, chief of a fire department, sheriff's department, or sheriff when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity.     (c‑2) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers and before commencing the solicitation or the sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.     (c‑3) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a police, sheriff, or other law enforcement department unless that person is actually representing or acting on behalf of the department or governmental organization and has entered into a written contract with the police chief, or head of the law enforcement department, and the corporate or municipal authority thereof, or the sheriff, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.     (c‑4) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians ‑ ambulance, emergency medical technicians ‑ intermediate, emergency medical technicians ‑ paramedic, ambulance drivers, or other medical assistance or first aid personnel, and before commencing the solicitation or the sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.     (c‑5) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a department or departments of fire fighters unless that person is actually representing or acting on behalf of the department or departments and has entered into a written contract with the department chief and corporate or municipal authority thereof which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.     (c‑6) No person may claim or represent that he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.     (d) Sentence. False personation, unapproved use of a name or title, or solicitation in violation of subsection (a), (b), or (b‑5) of this Section is a Class C misdemeanor. False personation in violation of subsections (a‑5) and (c‑6) is a Class A misdemeanor. False personation in violation of subsection (a‑6) of this Section is a petty offense for which the offender shall be fined at least $100 and not exceeding $200. Engaging in any activity in violation of subsection (c‑1), (c‑2), (c‑3), (c‑4), or (c‑5) of this Section is a Class 4 felony. (Source: P.A. 94‑548, eff. 8‑11‑05; 94‑755, eff. 1‑1‑07.)

(720 ILCS 5/17‑2.5)     Sec. 17‑2.5. False academic degrees.     (a) It is unlawful for a person to knowingly manufacture or produce for profit or for sale a false academic degree, unless the degree explicitly states "for novelty purposes only".     (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 person who violates this Section is guilty of a Class A misdemeanor.     (d) In this Section:     "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.     "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. (Source: P.A. 93‑239, eff. 7‑22‑03.)

    (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 knowingly:
        (1) makes or alters any document apparently capable

of defrauding another in such manner that it 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; or

(2) issues or delivers such document knowing it to

have been thus made or altered; or

(3) possesses, with intent to issue or deliver, any

such document knowing it to have been thus made or altered; or

(4) unlawfully uses the digital signature, as

defined in the Financial Institutions Electronic Documents and Digital Signature Act, of another; or

(5) unlawfully uses the signature device of another

to create an electronic signature of that other person, as those terms are defined in the Electronic Commerce Security Act.

(b) An intent to defraud means an intention to cause another to assume, create, transfer, alter or terminate any right, obligation or power with reference to any person or property. As used in this Section, "document" includes, but is not limited to, any document, representation, or image produced manually, electronically, or by computer.     (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.     (d) Sentence.     Forgery is a Class 3 felony. (Source: P.A. 94‑458, eff. 8‑4‑05.)

(720 ILCS 5/17‑4) (from Ch. 38, par. 17‑4)     Sec. 17‑4. Deceptive altering or sale of coins.     (a) A person commits a deceptive altering of coins when he in any manner alters any coin to increase the value of the coin to coin collectors.     (b) A person commits a deceptive sale of coins when he sells or advertises for sale any coin he knows has been deceptively altered for a higher rate or value than is indicated by the denomination of the coin.     (c) Sentence.     Deceptive altering or sale of coins is a Class A misdemeanor. (Source: P.A. 77‑2638.)

(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 a person, corporation, or other entity, he:     (a) represents falsely that he is an attorney, a policeman, a sheriff or deputy sheriff, a bailiff, a county clerk or employee of a county clerk's office, or any other person who by statute is authorized to enforce the law or any order of a court; or     (b) while attempting to collect an alleged debt, misrepresents to the alleged debtor or to his immediate family the corporate, partnership or proprietary name or other trade or business name under which the debt collector is engaging in debt collections and which he is legally authorized to use; or     (c) while attempting to collect an alleged debt, adds to the debt any service charge, interest or penalty which he is not entitled by law to add; or     (d) threatens to ruin, destroy, or otherwise adversely affect an alleged debtor's credit rating unless, at the same time, a disclosure is made in accordance with federal law that the alleged debtor has a right to inspect his credit rating; or     (e) accepts from an alleged debtor a payment which he knows is not owed.     The commission of a deceptive collection practice is a Business Offense punishable by a fine not to exceed $3,000. (Source: P. A. 78‑1248.)

(720 ILCS 5/17‑5.5)     Sec. 17‑5.5. Unlawful attempt to collect compensated debt against a crime victim.     (a) 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.     (b) A person or a vendor commits the offense of 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

crime victim for payment;

(2) contacts or distributes information to affect

the compensated crime victim's credit rating as a result of the compensated debt; or

(3) takes any other action adverse to the crime

victim or his or her family on account of the compensated debt.

(c) Unlawful attempt to collect a compensated debt against a crime victim is a Class A misdemeanor.     (d) Nothing in this Act 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. (Source: P.A. 92‑286, eff. 1‑1‑02.)

    (720 ILCS 5/17‑6)(from Ch. 38, par. 17‑6)
    Sec. 17‑6. State Benefits Fraud.
    (a) Any person who 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 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, is guilty of State benefits fraud.
    (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 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) (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) 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 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. 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, the Service Member's Employment Tenure Act, the Disabled Veterans Housing 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. 94‑486, eff. 1‑1‑06.)

(720 ILCS 5/17‑7) (from Ch. 38, par. 17‑7)     Sec. 17‑7. Promotion of pyramid sales schemes. (a) 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.     (b) Any 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. (Source: P.A. 83‑808.)

(720 ILCS 5/17‑8) (from Ch. 38, par. 17‑8)     Sec. 17‑8. Health Care Benefits Fraud. (a) A person commits health care benefits fraud if he or she with the intent to defraud or deceive any provider, other than a governmental unit or agency, obtains or attempts to obtain health care benefits.     (b) Health care benefits fraud is a Class A misdemeanor. (Source: P.A. 84‑418.)

(720 ILCS 5/17‑9) (from Ch. 38, par. 17‑9)     Sec. 17‑9. Public aid wire fraud. (a) Whoever knowingly makes or transmits any communication by means of telephone, wire, radio or television, such communication being made, transmitted or received within the State of Illinois, intending that such communication be made or transmitted in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid wire fraud.     (b) Whoever knowingly directs or causes any communication to be made or transmitted by means of telephone, wire, radio or television, intending that such communication be made or transmitted in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid wire fraud.     (c) Penalty. Public aid wire fraud is a Class 4 felony. (Source: P.A. 84‑1255.)

(720 ILCS 5/17‑10) (from Ch. 38, par. 17‑10)     Sec. 17‑10. Public aid mail fraud. (a) Whoever knowingly 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 placed or received within the State of Illinois, intending that such communication be delivered in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid mail fraud.     (b) Whoever knowingly directs or causes any communication to be 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 delivered in furtherance of any plan, scheme or design to obtain, unlawfully, any benefit or payment under "The Illinois Public Aid Code", as amended, commits the offense of public aid mail fraud.     (c) Penalty. Public aid mail fraud is a Class 4 felony. (Source: P.A. 84‑1256; 84‑1438.)

(720 ILCS 5/17‑11) (from Ch. 38, par. 17‑11)     Sec. 17‑11. Odometer Fraud. Any person who shall, with intent to defraud another, disconnect, reset, or alter, or cause to be disconnected, reset or altered, the odometer of any used motor vehicle with the intent to conceal or change the actual miles driven shall be guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section shall be guilty of a Class 4 felony. This Section shall not apply to legitimate business practices of automotive parts recyclers who recycle used odometers for resale. (Source: P.A. 84‑1391; 84‑1438.)

(720 ILCS 5/17‑11.1)     Sec. 17‑11.1. Hour meter fraud. Any person who, with intent to defraud another, disconnects, resets, or alters, or causes to be disconnected, reset, or altered, the hour meter of any used farm implement, including but not limited to tractors and combines, with intent to conceal or change the actual hours of operation, shall be guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section shall be guilty of a Class 4 felony. This Section shall not apply to legitimate practices of implement parts recyclers who recycle used hour meters for resale. (Source: P.A. 89‑255, eff. 1‑1‑96; 89‑626, eff. 8‑9‑96.)

(720 ILCS 5/17‑11.2)     Sec. 17‑11.2. Installation of object in lieu of air bag. Any person who for consideration knowingly installs or reinstalls in a vehicle any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system is guilty of a Class A misdemeanor. (Source: P.A. 92‑809, eff. 1‑1‑03.)

    (720 ILCS 5/17‑12)
    Sec. 17‑12. Fraudulent advertisement of corporate name. If a company, association, or person puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name, not being incorporated, the company, association, or person commits a petty offense and is guilty of an additional petty offense for each day he, she, or it continues to so offend.
    Nothing contained in this Section prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this Section permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
    The provisions of this Section do not apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
(Source: P.A. 93‑967, eff. 1‑1‑05.)

(720 ILCS 5/17‑13)     Sec. 17‑13. Fraudulent land sales. A person, after once selling, bartering, or disposing of a tract or tracts of land, town lot or lots, or executing a bond or agreement for the sale of lands, or town lot or lots, who again knowingly and fraudulently sells, barters, or disposes of the same tract or tracts of land, or town lot or lots, or any parts of those tracts of land, town lot or lots, or knowingly and fraudulently executes a bond or agreement to sell, barter, or dispose of the same land, or lot or lots, or any part of that land, lot or lots, to any other person for a valuable consideration is guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑14)     Sec. 17‑14. Party to fraudulent land conveyance. A person who is a party to a fraudulent conveyance of lands, tenements or hereditaments, goods or chattels, or a right or interest issuing out of the same, or to a bond, action, judgment, or enforcement thereof; contract or conveyance had, made, or contrived, with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands, or who is a party as stated in this Section, at any time wittingly and willingly puts in use, avow, maintain, justify, or defend the same or any of them as true, and done, had, or made in good faith, or upon good consideration, or sells, aliens, or assigns any of the lands, tenements, hereditaments, goods, chattels, or other things mentioned in this Section, to him or her conveyed as stated in this Section, or any part thereof, is guilty of a business offense and shall be fined not exceeding $1,000. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑15)     Sec. 17‑15. Acknowledgment of fraudulent conveyance. If an officer authorized to take the proof and acknowledgment of a conveyance of real or personal property, or other instrument, wilfully certifies 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, he or she is guilty of a Class 4 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑16)     Sec. 17‑16. 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. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑17)     Sec. 17‑17. Fraudulent issuance of stock. Every president, cashier, treasurer, secretary, or other officer and every agent, attorney, servant, or employee of a bank, railroad, or manufacturing or other corporation, and every other person who, knowingly and designedly, and with intent to defraud a person, bank, railroad, or manufacturing or other corporation, issues, sells, transfers, assigns, or pledges, or causes or procures 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 manufacturing or other corporation, is guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑18)     Sec. 17‑18. Fraudulent stock; officer signing. Every president, cashier, treasurer, secretary, or other officer, and every agent of a bank, railroad, or manufacturing or other corporation, who wilfully and designedly signs, 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 president, cashier, treasurer, or other officer or agent is not authorized by the charter and by‑laws of the corporations, or by some amendment of the charter or by‑laws, is, guilty of a Class 3 felony. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑19)     Sec. 17‑19. Use of name Pawners' Society. No person, firm, copartnership, or corporation (except corporations organized and doing business under the Pawners Societies Act) shall use a name that contains in it the words "Pawners' Society". A person, firm, copartnership, or corporation violating the provisions of this Section is guilty of a petty offense for each day the person, firm, copartnership, or corporation continues to use a name that contains those words and shall be fined not less than $5, nor more than $100. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑20)     Sec. 17‑20. Obstructing gas, water, and electric current meters. A person, who, 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, is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑21)     Sec. 17‑21. Obstructing service meters. A person, who, 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, is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)

(720 ILCS 5/17‑22)     Sec. 17‑22. False information on an application for employment with certain public or private agencies.     (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 wilfully 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) Sentence. A violation of this Section is a Class A misdemeanor. (Source: P.A. 90‑390, eff. 1‑1‑98.)

(720 ILCS 5/17‑23)     Sec. 17‑23. Counterfeit Universal Price Code Label.     (a) A person who, with intent to defraud a merchant, possesses, uses, transfers, makes, sells, reproduces, tenders, or delivers a false, counterfeit, altered, or simulated Universal Price Code Label is guilty of a Class 4 felony.     (b) A person who possesses more than one false, counterfeit, altered, or simulated Universal Price Code Label or who possesses a device the purpose of which is to manufacture false, counterfeit, altered, or simulated Universal Price Code Labels is guilty of a Class 3 felony.     (c) (Blank).     (d) Definitions. In this Section:     "Universal Price Code Label" means a unique symbol that consists of a machine readable code and human readable numbers.     "Merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code.     "Intent to defraud" has the meaning ascribed to it in paragraph (iii) of subsection (A) of Section 17‑1 of this Code. (Source: P.A. 91‑136, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)

(720 ILCS 5/17‑24)     Sec. 17‑24. Fraudulent schemes and artifices.     (a) Fraud by wire, radio, or television.         (1) A person commits wire fraud when he or she:             (A) devises or intends to devise a scheme or

artifice to defraud or to obtain money or property by means of false pretenses, representations, or promises; and

(B) (i) transmits or causes to be transmitted

from within this State; or

(ii) transmits or causes to be transmitted

so that it is received by a person within this State; or

(iii) transmits or causes to be transmitted

so that it is reasonably foreseeable that it will be accessed by a person within this State:

any writings, signals, pictures, sounds, or electronic

or electric impulses by means of wire, radio, or television communications for the purpose of executing the scheme or artifice.

(2) A scheme or artifice to defraud using electronic

transmissions is deemed to occur in the county from which a transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.

(3) Wire fraud is a Class 3 felony.     (b) Mail fraud.         (1) A person commits mail fraud when he or she:             (A) devises or intends to devise any scheme or

artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimidated or held out to be such counterfeit or spurious article; and

(B) for the purpose of executing such scheme or

artifice or attempting so to do, places in any post office or authorized depository for mail matter within this State, any matter or thing whatever to be delivered by the Postal Service, or deposits or causes to be deposited in this State by mail or by private or commercial carrier according to the direction on the matter or thing, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing.

(2) A scheme or artifice to defraud using a

government or private carrier is deemed to occur in the county in which mail or other matter is deposited with the Postal Service or a private commercial carrier for delivery, if deposited with the Postal Service or a private or commercial carrier within this State and the county in which a person within this State receives the mail or other matter from the Postal Service or a private or commercial carrier.

(3) Mail fraud is a Class 3 felony.     (c) (Blank).     (d) 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.     (e) In this Section:         (1) "Scheme or artifice to defraud" includes a

scheme or artifice to deprive another of the intangible right to honest services.

(2) (Blank). (Source: P.A. 92‑16, eff. 6‑28‑01; 93‑440, eff. 8‑5‑03.)

(720 ILCS 5/17‑25)     Sec. 17‑25. Use of scanning device or reencoder to defraud.     (a) In this Section:     "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.     "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.     "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.     "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.     (b) It is unlawful for a person to use:         (1) a scanning device to access, read, obtain,

memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or

(2) a reencoder to place information encoded on the

magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

(c) Sentence. A violation of this Section is a Class 4 felony. A second or subsequent violation of this Section is a Class 3 felony. (Source: P.A. 92‑818, eff. 8‑21‑02.)

(720 ILCS 5/17‑26)     Sec. 17‑26. Misconduct by a corporate official.     (a) A person is guilty of a crime when:         (1) being a director of a corporation, he knowingly

with a purpose to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:

(A) making a dividend except in the manner

provided by law;

(B) dividing, withdrawing or in any manner

paying any stockholder any part of the capital stock of the corporation except in the manner provided by law;

(C) discounting or receiving any note or other

evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;

(D) receiving or discounting any note or other

evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him on his stock; or

(E) applying any portion of the funds of such

corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or

(2) being a director or officer of a corporation,

he, with purpose to defraud:

(A) issues, participates in issuing, or concurs

in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;

(B) sells, or agrees to sell, or is directly

interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;

(C) executes a scheme or attempts to execute a

scheme to obtain any share of stock of such corporation by means of false representation; or

(3) being a director or officer of a corporation, he

with purpose to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D), he:

(A) causes or attempts to cause a corporation or

accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or

(B) causes or attempts to cause a corporation or

accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.

(b) If the benefit derived from a violation of this Section is $500,000 or more, the offender is guilty of a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the offender is guilty of a Class 3 felony. (Source: P.A. 93‑496, eff. 1‑1‑04.)

(720 ILCS 5/17‑27)     Sec. 17‑27. Fraud in insolvency.     (a) A person commits a crime if, 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:         (1) destroys, removes, conceals, encumbers,

transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;

(2) knowingly falsifies any writing or record

relating to the property; or

(3) knowingly misrepresents or refuses to disclose

to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.

(b) If the benefit derived from a violation of this Section is $500,000 or more, the offender is guilty of a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the offender is guilty of a Class 3 felony. (Source: P.A. 93‑496, eff. 1‑1‑04.)

(720 ILCS 5/17‑28)     Sec. 17‑28. Defrauding drug and alcohol screening tests.         (a) It is unlawful for a person to:         (1) manufacture, sell, give away, distribute, or

market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;

(2) attempt to foil or defeat a drug or alcohol

screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure;

(3) adulterate synthetic or human substances with the

intent to defraud a drug or alcohol screening test; or

(4) manufacture, sell, or possess adulterants that

are intended to be used to adulterate synthetic or human substances for the purpose of defrauding a drug or alcohol screening test.

(b) For the purpose of determining the intent of the

defendant who is charged with a violation of this Section, the trier of fact may take into consideration whether or not 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 whether or not 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. 93‑691, eff. 7‑9‑04.)

    (720 ILCS 5/17‑29)
    Sec. 17‑29. 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: (1)

African American (a person having origins in any of the black racial groups in Africa); (2) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); (3) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or (4) Native American or Alaskan Native (a person having origins in any of the original peoples of North America).

"Female" means a person who is of the female gender.         "Person with a disability" means a person who is a

person qualifying as being disabled.

"Disabled" means a severe physical or mental

disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities.

"Minority owned business" means a business concern

that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.

"Female owned business" means a business concern that

is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it.

"Business owned by a person with a disability" means

a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not‑for‑profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".

"Governmental unit" means the State, a unit of local

government, or school district.

(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. 94‑126, eff. 1‑1‑06; 94‑863, eff. 6‑16‑06.)

      (720 ILCS 5/Art. 17A heading)
ARTICLE 17A. DISQUALIFICATION FOR STATE BENEFITS

(720 ILCS 5/17A‑1) (from Ch. 38, par. 17A‑1)     Sec. 17A‑1. Persons under deportation order; ineligible for benefits. 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:     (a) The homestead exemptions and homestead improvement exemption under Sections 15‑170, 15‑175, 15‑176, and 15‑180 of the Property Tax Code.     (b) Grants under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act.     (c) The double income tax exemption conferred upon persons 65 years of age or older by Section 204 of the Illinois Income Tax Act.     (d) Grants provided by the Department on Aging.     (e) Reductions in vehicle registration fees under Section 3‑806.3 of the Illinois Vehicle Code.     (f) Free fishing and reduced fishing license fees under Sections 20‑5 and 20‑40 of the Fish and Aquatic Life Code.     (g) Tuition free courses for senior citizens under the Senior Citizen Courses Act.     (h) Any benefits under the Illinois Public Aid Code. (Source: P.A. 93‑715, eff. 7‑12‑04.)

(720 ILCS 5/17A‑2) (from Ch. 38, par. 17A‑2)     Sec. 17A‑2. Any grants awarded to persons described in Section 17A‑1 of this Act 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 Section 17A‑1 of this Act. (Source: P.A. 84‑1391.)

(720 ILCS 5/17A‑3) (from Ch. 38, par. 17A‑3)     Sec. 17A‑3. (a) Any person who has been found by a court to have received benefits in violation of Section 17A‑1 where:     (1) the total monetary value of the benefits involved in the violation is less than $150, shall be guilty of a Class A misdemeanor;     (2) the total monetary value of the benefits involved in the violation is $150 or more but less than $1,000, shall be guilty of a Class 4 felony;     (3) the total monetary value of the benefits involved in the violation is $1,000 or more but less than $5,000, shall be guilty of a Class 3 felony;     (4) the total monetary value of the benefits involved in the violation is $5,000 or more but less than $10,000, shall be guilty of a Class 2 felony; or     (5) the total monetary value of the benefits involved in the violation is $10,000 or more, shall be guilty of a Class 1 felony.     (b) Any person who commits a subsequent violation of Section 17A‑1 and:     (1) the total monetary value of the benefits involved in the subsequent violation is less than $150, shall be guilty of a Class 4 felony;     (2) the total monetary value of the benefits involved in the subsequent violation is $150 or more but less than $1,000, shall be guilty of a Class 3 felony;     (3) the total monetary value of the benefits involved in the subsequent violation is $1,000 or more but less than $5,000, shall be guilty of a Class 2 felony;     (4) the total monetary value of the benefits involved in the subsequent violation is $5,000 or more but less than $10,000, shall be guilty of a Class 1 felony.     (c) For purposes of determining the classification of 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 can be accumulated. (Source: P.A. 84‑1391.)

(720 ILCS 5/17A‑3.1) (from Ch. 38, par. 17A‑3.1)     Sec. 17A‑3.1. An individual described in Section 17A‑1 who has been deported shall be restored to any benefits which that individual has been denied under State law pursuant to Section 17A‑1 if (a) the Attorney General of the United States has issued an order cancelling deportation and has adjusted the status of the individual to that of an alien lawfully admitted for permanent residence in the United States or (b) 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. 84‑1391.)

(720 ILCS 5/17A‑4) (from Ch. 38, par. 17A‑4)     Sec. 17A‑4. This Article shall be applicable to persons who have filed applications for benefits prior to, on or after its effective date. (Source: P.A. 84‑1391.)

      (720 ILCS 5/Art. 17B heading)
ARTICLE 17B. WIC FRAUD

(720 ILCS 5/17B‑0.05)     Sec. 17B‑0.05. Re‑enactment; findings; purposes.     (a) The General Assembly finds and declares that:         (1) Section 50‑5 of Public Act 88‑680, effective

January 1, 1995, contained provisions adding the WIC Fraud Article to the Criminal Code of 1961. Section 50‑5 also contained other provisions.

(2) In addition, Public Act 88‑680 was entitled "An

Act to create a Safe Neighborhoods Law". (i) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (ii) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (iii) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (iv) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (v) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (vi) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (vii) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (viii) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (ix) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.

(3) On September 22, 1998, the Third District

Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88‑680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.

(4) WIC fraud is a vital concern to the people of

this State and the validity of future prosecutions under the WIC fraud provisions of the Criminal Code of 1961 is in grave doubt.

(b) It is the purpose of this amendatory Act of 1999 to prevent or minimize any problems relating to prosecutions for WIC fraud that may result from challenges to the constitutional validity of Public Act 88‑680 by re‑enacting the Sections relating to WIC fraud that were included in Public Act 88‑680.     (c) This amendatory Act of 1999 re‑enacts Article 17B of the Criminal Code of 1961, as it has been amended. This re‑enactment is intended to remove any question as to the validity or content of that Article; it is not intended to supersede any other Public Act that amends the text of a Section as set forth in this amendatory Act of 1999. Except for a grammatical correction in Section 17B‑10 and a correction of the Section number to Section 17B‑30, the material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.     (d) The re‑enactment by this amendatory Act of 1999 of certain Sections relating to WIC fraud that were enacted by Public Act 88‑680 is not intended, and shall not be construed, to imply that Public Act 88‑680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re‑enacted by other Public Acts. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑1)     Sec. 17B‑1. Legislative Intent. Because of the pervasive nature of fraud in the Special Supplemental Food Program for Women, Infants and Children (known as WIC) and the negative effect of that fraud on the People of the State of Illinois and those individuals who need WIC benefits, the General Assembly declares it to be public policy that Special Supplemental Food Program for Women, Infants and Children (WIC) Benefits Fraud be identified and dealt with swiftly and appropriately considering the onerous nature of the crime. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑5)     Sec. 17B‑5. Violations. A person who knowingly (i) uses, acquires, possesses, or transfers Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments or authorizations to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (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) alters, uses, acquires, possesses, or transfers altered Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments or authorizations to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) is guilty of a violation of this Article and shall be punished as provided in Section 17B‑20. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑10)     Sec. 17B‑10. Administrative malfeasance.     (a) A person who misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available for the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) is guilty of a violation of this Article and shall be punished as provided in Section 17B‑20.     (b) An official or employee of a State, county, or unit of local government who willfully facilitates, aids, abets, assists, or knowingly participates in a known violation of Section 17B‑5, 17B‑10, or 17B‑15 is subject to disciplinary proceedings under the rules of the applicable Illinois Department or unit of local government. (Source: P.A. 91‑155, eff. 7‑16‑99; 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/17B‑15)     Sec. 17B‑15. Unauthorized possession of identification document. Any person who possesses for an unlawful purpose another person's identification document issued by the Illinois Department of Public Health or Department of Human Services is guilty of a Class 4 felony. For purposes of this Section, "identification document" includes, but is not limited to, an authorization to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) or a card or other document that identifies a person as being entitled to benefits in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC). (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑20)     Sec. 17B‑20. Penalties.     (a) If a person, firm, corporation, association, agency, institution, or other legal entity is found by a court to have engaged in an act, practice, or course of conduct declared unlawful under Sections 17B‑5 or 17B‑15 of this Article and:         (1) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is less than $150, the violation is a Class A misdemeanor;

(2) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 4 felony;

(3) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 3 felony;

(4) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities is $5,000 or more but less than $10,000, the violation is a Class 2 felony; or

(5) the total amount of money involved in the

violation, including the monetary value of Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities is $10,000 or more, the violation is a Class 1 felony and the defendant shall be permanently ineligible to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC).

The State's Attorney of the County in which the violation of this Article occurred or the Attorney General shall bring actions arising under this Article in the name of the people of the State of Illinois.     (b) If a person, firm, corporation, association, agency, institution, or other legal entity commits a second or subsequent violation of this Article and:         (1) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is less than $150, the violation is a Class 4 felony;

(2) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 3 felony;

(3) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 2 felony; or

(4) the total amount of money involved in the

violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $5,000 or more but less than $10,000, the violation is a Class 1 felony.

(c) For purposes of determining the classification of offense under this Section, all of the money received as a result of the unlawful act, practice, or course of conduct, including the value of any WIC Food Instruments, shall be aggregated. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑25)     Sec. 17B‑25. Forfeiture.     (a) A person who commits a felony violation of this Article shall forfeit, according to this Section, (i) any moneys, profits, or proceeds the person acquired, in whole or in part, as a result of committing the violation and (ii) any property or interest in property that the sentencing court determines the person acquired, in whole or in part, as a result of committing the violation or the person maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall forfeit any interest in, securities of claim against, or contractual right of any kind that affords the person a source of influence over, any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with the interest, security of claim, or contractual right, directly or indirectly, in whole or in part, is traceable to any thing or benefit that the person has obtained or acquired as a result of a felony violation of this Article.     (b) The following items are subject to forfeiture:         (1) All moneys, things of value, books, records, and

research products and materials that are used or intended to be used in committing a felony violation of this Article.

(2) Everything of value furnished, or intended to be

furnished, in exchange for a substance in violation of this Article, all proceeds traceable to that exchange, and all moneys, negotiable instruments, and securities used or intended to be used to commit or in any manner to facilitate the commission of a felony violation of this Article.

(3) All real property, including any right, title,

and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of this Article or that is the proceeds of any act that constitutes a felony violation of this Article.

(c) Property subject to forfeiture under this Article may be seized by the Director of State Police or any local law enforcement agency upon process or seizure warrant issued by any court having jurisdiction over the property. The Director or a local law enforcement agency may seize property under this Section without process under any of the following circumstances:         (1) If the seizure is incident to inspection under

an administrative inspection warrant.

(2) If the property subject to seizure has been the

subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding under this Article.

(3) If there is probable cause to believe that the

property is directly or indirectly dangerous to health or safety.

(4) If there is probable cause to believe that the

property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.

(5) In accordance with the Code of Criminal

Procedure of 1963.

(d) Proceedings instituted pursuant to this Section shall be subject to and conducted in accordance with the procedures set forth in this subsection.     The sentencing court, on petition by the Attorney General or State's Attorney at any time following sentencing of the defendant, shall conduct a hearing to determine whether any property or property interest of the defendant is subject to forfeiture under this Section. At the forfeiture hearing the People have the burden of establishing, by a preponderance of the evidence, that the property or property interest is subject to forfeiture.     In an action brought by the People of the State of Illinois under this Section, in which a restraining order, injunction, prohibition, or other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person charged with a felony violation of this Article shall first determine whether there is probable cause to believe that the person so charged has committed an offense under this Article and whether the property or interest is subject to forfeiture under this Section. To make that determination, before entering an order in connection with that property or interest, the court shall conduct a hearing without a jury, at which the People must establish that there is (i) probable cause that the person charged committed a felony offense under this Article and (ii) probable cause that property or interest may be subject to forfeiture under this Section. The hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may accept, at a preliminary hearing, (i) the filing of an information charging that the defendant committed a felony offense under this Article (ii) the return of an indictment by a grand jury charging that the defendant committed a felony offense under this Article as sufficient evidence of probable cause that the person committed the offense.     Upon making finding of probable cause, the circuit court shall enter a restraining order, injunction, or prohibition or shall take other action in connection with the property or other interest subject to forfeiture under this Article as is necessary to insure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner of that property or interest before a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder or registrar of titles of each county in which the property may be located. No injunction, restraining order, or other prohibition issued under this Section shall affect the rights of any bonafide purchaser, mortgagee, judgment creditor, or other lien holder that arose before the date the certified copy is filed.     The court may at any time, on verified petition by the defendant, conduct a hearing to determine whether all or any portion of the property or interest, which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition, or other action, should be released. The court may in its discretion release the property to the defendant for good cause shown.     Upon conviction of a person for a felony violation of this Article, the court shall authorize the Director or State Police to seize any property or other interest declared forfeited under this Section on terms and conditions the court deems proper.     (e) Property taken or detained under this Section 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 Attorney General or State's Attorney under this Article. When 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 estimate of the property's value to the Director of State Police. Upon receiving the notice of seizure, the Director may do any of the following:         (1) Place the property under seal.         (2) Remove the property to a place designated by the

Director.

(3) Keep the property in the possession of the

seizing agency.

(4) Remove the property to a storage area for

safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account.

(5) Place the property under constructive seizure by

posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property.

(6) Provide for another agency or custodian,

including an owner, secured party, or lienholder, to take custody of the property on terms and conditions set by the Director.

(f) When property is forfeited under this Article the Director of State Police shall sell the property unless the property is required by law to be destroyed or is harmful to the public. The Director shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with subsection (g). On the application of the seizing agency or prosecutor who was responsible for the investigation, arrest, and prosecution that lead to the forfeiture, however, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws relating to this Article if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts. When any real property returned to the seizing agency is sold by the agency or its unit of government, the proceeds of the sale shall be delivered to the Director and distributed in accordance with subsection (g).     (g) Except as provided in subsection (f), all moneys from penalties and the proceeds of sale of all property forfeited and seized under this Article shall be distributed to the WIC program administered by the Illinois Department of Human Services. (Source: P.A. 91‑155, eff. 7‑16‑99.)

(720 ILCS 5/17B‑30)     Sec. 17B‑30. Future participation in the WIC program. A person who has been convicted of a felony violation of this Article shall be 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, is repaid to the WIC program. 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 Article 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. 91‑155, eff. 7‑16‑99.)

      (720 ILCS 5/Art. 18 heading)
ARTICLE 18. ROBBERY

(720 ILCS 5/18‑1) (from Ch. 38, par. 18‑1)     Sec. 18‑1. Robbery.     (a) A person commits robbery when he or she 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) Sentence.     Robbery is a Class 2 felony. However, if the victim is 60 years of age or over or is a physically handicapped person, or if the robbery is committed in a school or place of worship, robbery is a Class 1 felony. (Source: P.A. 91‑360, eff. 7‑29‑99.)

(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

or is otherwise armed with a dangerous weapon other than a firearm; or

(2) he or she carries on or about his or her person

or is otherwise armed with a firearm; or

(3) he or she, during the commission of the offense,

personally discharges a firearm; or

(4) he or she, during the commission of the offense,

personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(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.)

(720 ILCS 5/18‑3)     Sec. 18‑3. Vehicular hijacking.     (a) A person commits vehicular hijacking when he or she 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) For the purposes of this Article, the term "motor vehicle" shall have the meaning ascribed to it in the Illinois Vehicle Code.     (c) Sentence. Vehicular hijacking is a Class 1 felony. (Source: P.A. 88‑351; 88‑670, eff. 12‑2‑94.)

    (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

motor vehicle is taken is a physically handicapped person or a person 60 years of age or over; or

(2) a person under 16 years of age is a passenger in

the motor vehicle at the time of the offense; or

(3) he or she carries on or about his or her person,

or is otherwise armed with a dangerous weapon, other than a firearm; or

(4) he or she carries on or about his or her person

or is otherwise armed with a firearm; or

(5) he or she, during the commission of the offense,

personally discharges a firearm; or

(6) he or she, during the commission of the offense,

personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) Sentence. Aggravated vehicular hijacking in violation of subsections (a)(1) or (a)(2) is a Class X felony. Aggravated vehicular hijacking in 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. Aggravated vehicular hijacking in 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. Aggravated vehicular hijacking in 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. Aggravated vehicular hijacking in 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. 91‑404, eff. 1‑1‑00.)

(720 ILCS 5/18‑5)     Sec. 18‑5. Aggravated robbery.     (a) A person commits aggravated robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.     (a‑5) A person commits aggravated robbery when he or she takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.     (b) Sentence. Aggravated robbery is a Class 1 felony. (Source: P.A. 90‑593, eff. 1‑1‑99; 90‑735, eff. 8‑11‑98; 91‑357, eff. 7‑29‑99.)

      (720 ILCS 5/Art. 19 heading)
ARTICLE 19. BURGLARY

(720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1)     Sec. 19‑1. Burglary.     (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, 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 is a Class 2 felony. A burglary committed in a school or place of worship is a Class 1 felony. (Source: P.A. 91‑360, eff. 7‑29‑99; 91‑928, eff. 6‑1‑01.)

(720 ILCS 5/19‑2) (from Ch. 38, par. 19‑2)     Sec. 19‑2. Possession of burglary tools.     (a) A person commits the offense of possession of burglary tools when he possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such place and with intent to commit therein a felony or theft.     (b) Sentence.     Possession of burglary tools in violation of this Section is a Class 4 felony. (Source: P. A. 78‑255.)

(720 ILCS 5/19‑3) (from Ch. 38, par. 19‑3)     Sec. 19‑3. Residential burglary.     (a) A person commits residential burglary who 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.     (b) Sentence. Residential burglary is a Class 1 felony. (Source: P.A. 91‑928, eff. 6‑1‑01.)

(720 ILCS 5/19‑4) (from Ch. 38, par. 19‑4)     Sec. 19‑4. Criminal trespass to a residence.     (a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains within any residence, including a house trailer.     (2) A person commits the offense of 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.     (3) 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

(1) of subsection (a) is a Class A misdemeanor.

(2) Criminal trespass to a residence under paragraph

(2) of subsection (a) is a Class 4 felony.

(Source: P.A. 91‑895, eff. 7‑6‑00.)

    (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 the offense of criminal fortification of a residence or building when, with the intent to prevent the lawful entry of a law enforcement officer or another, he maintains a residence or building in a fortified condition, knowing that such residence or building is used for the manufacture, storage, 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, or other similar means.
    (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. 94‑556, eff. 9‑11‑05.)
      (720 ILCS 5/Art. 20 heading)
ARTICLE 20. ARSON

(720 ILCS 5/20‑1) (from Ch. 38, par. 20‑1)     Sec. 20‑1. Arson.     A person commits arson when, by means of fire or explosive, he knowingly:     (a) Damages any real property, or any personal property having a value of $150 or more, of another without his consent; or     (b) With intent to defraud an insurer, damages any property or any personal property having a value of $150 or more.     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.     (c) Sentence.     Arson is a Class 2 felony. (Source: P. A. 77‑2638.)

    (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.)

(720 ILCS 5/20‑1.2)     Sec. 20‑1.2. Residential arson.     (a) A person commits the offense of residential arson when, in the course of committing an arson, he or she knowingly damages, partially or totally, any building or structure that is the dwelling place of another.     (b) Sentence. Residential arson is a Class 1 felony. (Source: P.A. 90‑787, eff. 8‑14‑98.)

(720 ILCS 5/20‑1.3)     Sec. 20‑1.3. Place of worship arson.     (a) A person commits the offense of place of worship arson when, in the course of committing an arson, he or she knowingly damages, partially or totally, any place of worship.     (b) Sentence. Place of worship arson is a Class 1 felony. (Source: P.A. 93‑169, eff. 7‑10‑03.)

    720 ILCS 5/20‑1.4
    Sec. 20‑1.4. (Repealed).
(Source: 93‑969, eff. 1‑1‑05. Repealed by P.A. 94‑556, eff. 9‑11‑2005.)

    (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.)

    (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 the offense of 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 such explosive or device to commit any offense or knows that another intends to use such explosive or device to commit a felony.
    (b) Sentence.
    Possession of explosives or explosive or incendiary devices in violation of this Section 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. 93‑594, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)
      (720 ILCS 5/Art. 20.5 heading)
ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES

(720 ILCS 5/20.5‑5)     Sec. 20.5‑5. 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, 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 or 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, law enforcement agency, fire department, private or public utility company, national defense contractor, a facility of the armed forces, or emergency services agency.     (c) Sentence. Causing a catastrophe is a Class X felony. (Source: P.A. 90‑669, eff. 7‑31‑98.)

(720 ILCS 5/20.5‑6)     Sec. 20.5‑6. 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 such gas, biological or chemical contaminant or agent, or radioactive substance to commit a felony or with the knowledge that another person intends to use such 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. 91‑121, eff. 7‑15‑99.)

      (720 ILCS 5/Art. 21 heading)
ARTICLE 21. DAMAGE AND TRESPASS TO PROPERTY

    (720 ILCS 5/21‑1)(from Ch. 38, par. 21‑1)
    Sec. 21‑1. Criminal damage to property.
    (1) A person commits an illegal act when he:
        (a) knowingly damages any property of another without

his consent; or

(b) recklessly by means of fire or explosive damages

property of another; or

(c) knowingly starts a fire on the land of another

without his consent; or

(d) knowingly injures a domestic animal of another

without his consent; or

(e) knowingly deposits on the land or in the building

of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or

(f) damages any property, other than as described in

subsection (b) of Section 20‑1, with intent to defraud an insurer; or

(g) knowingly shoots a firearm at any portion of a

railroad train.

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.     (2) The acts described in items (a), (b), (c), (e), and (f) are Class A misdemeanors if the damage to property does not exceed $300. The acts described in items (a), (b), (c), (e), and (f) are Class 4 felonies if the damage to property does not exceed $300 if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. The act described in item (d) is a Class 4 felony if the damage to property does not exceed $10,000. The act described in item (g) is a Class 4 felony. The acts described in items (a), (b), (c), (e), and (f) are Class 4 felonies if the damage to property exceeds $300 but does not exceed $10,000. The acts described in items (a) through (f) are Class 3 felonies if the damage to property exceeds $300 but does not exceed $10,000 if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. The acts described in items (a) through (f) are Class 3 felonies if the damage to property exceeds $10,000 but does not exceed $100,000. The acts described in items (a) through (f) are Class 2 felonies if the damage to property exceeds $10,000 but does not exceed $100,000 if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. The acts described in items (a) through (f) are Class 2 felonies if the damage to property exceeds $100,000. The acts described in items (a) through (f) are Class 1 felonies if the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns. If 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.     For the purposes of this subsection (2), "farm equipment" means machinery or other equipment used in farming.     (3) In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal damage to property 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. 94‑509, eff. 8‑9‑05.)

(720 ILCS 5/21‑1.1) (from Ch. 38, par. 21‑1.1)     Sec. 21‑1.1. Criminal Damage of Fire Fighting Apparatus, Hydrants or Equipment.     Whoever wilfully and maliciously cuts, injures, damages, tampers with or destroys or defaces any fire hydrant or any fire hose or any fire engine, or other public or private fire fighting equipment, or any apparatus appertaining to such equipment, or intentionally opens any fire hydrant without proper authorization, is guilty of a Class B misdemeanor. (Source: P.A. 78‑255.)

(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 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,

structure or place used for religious worship or other religious purpose;

(2) A cemetery, mortuary, or other facility used for

the purpose of burial or memorializing the dead;

(3) A school, educational facility or community

center;

(4) The grounds adjacent to, and owned or rented by,

any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or

(5) Any personal property contained in any

institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a).

(b) Institutional vandalism is a Class 3 felony if the damage to the property does not exceed $300. Institutional vandalism is a Class 2 felony if the damage to the property exceeds $300. Institutional vandalism is a Class 2 felony for any second or subsequent offense.     (b‑5) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section.     (c) Independent of any criminal prosecution or the result 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. (Source: P.A. 92‑830, eff. 1‑1‑03.)

(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 without his or her consent 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.     (b) Criminal defacement of property is a Class A misdemeanor for a first offense if the damage to the property does not exceed $300. Criminal defacement of property is a Class 4 felony if the damage to property does not exceed $300 and the property damaged is a school building or place of worship. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or if the damage to the property exceeds $300. Criminal defacement of property is a Class 3 felony if the damage to property exceeds $300 and the property damaged is a school building or place of worship. In addition to any other sentence that may be imposed for a violation of this Section that is chargeable as a Class 3 or Class 4 felony, a person convicted of criminal defacement of property shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred by the property owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. To the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs. 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. If 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. (Source: P.A. 90‑685, eff. 1‑1‑99; 91‑360, eff. 7‑29‑99; 91‑931, eff. 6‑1‑01.)

(720 ILCS 5/21‑1.4)     Sec. 21‑1.4. Jackrocks.     (a) A person who knowingly sells, gives away, manufactures, purchases, or possesses a jackrock or who knowingly places, tosses, or throws a jackrock on public or private property commits a Class A misdemeanor.     (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. (Source: P.A. 89‑130, eff. 7‑14‑95.)

    (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.)

(720 ILCS 5/21‑2) (from Ch. 38, par. 21‑2)     Sec. 21‑2. Criminal trespass to vehicles. Whoever knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile commits a Class A misdemeanor. (Source: P.A. 83‑488.)

    (720 ILCS 5/21‑3)(from Ch. 38, par. 21‑3)
    (Text of Section from P.A. 94‑263)
    Sec. 21‑3. Criminal trespass to real property.
    (a) Whoever:
        (1) knowingly and without lawful authority enters or

remains within or on a building; or

(2) enters upon the land of another, after

receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(3) remains upon the land of another, after

receiving notice from the owner or occupant to depart; or

(3.5) presents false documents or falsely represents

his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

(4) enters upon one of the following areas in or on

a motor vehicle (including an off‑road vehicle, motorcycle, moped, or any other powered two‑wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:

(A) any field that is used for growing crops or

which is capable of being used for growing crops; or

(B) an enclosed area containing livestock; or             (C) or an orchard; or             (D) a barn or other agricultural building

containing livestock;

commits a Class B misdemeanor.     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 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 such land or the forbidden part thereof.     (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 agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.     (d) A person shall be exempt from prosecution under this Section if he 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.     (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. (Source: P.A. 94‑263, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑509)     Sec. 21‑3. Criminal trespass to real property.     (a) Except as provided in subsection (a‑5), whoever:         (1) knowingly and without lawful authority enters or

remains within or on a building; or

(2) enters upon the land of another, after receiving,

prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(3) remains upon the land of another, after receiving

notice from the owner or occupant to depart;

commits a Class B misdemeanor.     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.     (a‑5) Except as otherwise provided in this subsection, whoever enters upon any of the following areas in or on a motor vehicle (including an off‑road vehicle, motorcycle, moped, or any other powered two‑wheel vehicle) after receiving, prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart commits a Class A misdemeanor:         (1) A field that is used for growing crops or that is

capable of being used for growing crops.

(2) An enclosed area containing livestock.         (3) An orchard.         (4) A barn or other agricultural building containing

livestock.

(b) A person has received notice from the owner or occupant within the meaning of Subsection (a) if he 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 such land or the forbidden part thereof.     (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 agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.     (d) A person shall be exempt from prosecution under this Section if he 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.     (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. (Source: P.A. 94‑509, eff. 8‑9‑05.)       (Text of Section from P.A. 94‑512)     Sec. 21‑3. Criminal trespass to real property.     (a) Whoever:         (1) knowingly and without lawful authority enters or

remains within or on a building; or

(2) enters upon the land of another, after

receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or

(3) remains upon the land of another, after

receiving notice from the owner or occupant to depart; or

(4) enters upon one of the following areas in or on

a motor vehicle (including an off‑road vehicle, motorcycle, moped, or any other powered two‑wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:

(A) any field that is used for growing crops or

which is capable of being used for growing crops; or

(B) an enclosed area containing livestock; or             (C) or an orchard; or             (D) a barn or other agricultural building

containing livestock;

commits a Class B misdemeanor.     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 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 such land or the forbidden part thereof.     (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 agent having apparent authority to hire workers on such land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on such land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his agent, nor to anyone invited by such migrant worker or other person so living on such land to visit him at the place he is so living upon the land.     (d) A person shall be exempt from prosecution under this Section if he 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.     (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) 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 (g):         "Land" includes, but is not limited to, land used for

crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.

"Owner" means the person who has the right to

possession of the land, including the owner, operator or tenant.

"Vehicle" has the same meaning as provided under

Section 1‑217 of the Illinois Vehicle Code.

(Source: P.A. 94‑512, eff. 1‑1‑06.)

(720 ILCS 5/21‑4) (from Ch. 38, par. 21‑4)     Sec. 21‑4. Criminal Damage to Government Supported Property.     (1) Any of the following acts is a Class 4 felony when the damage to property is $500 or less, and any such act is 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:         (a) Knowingly damages 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 without the consent of the State; or

(b) Knowingly, by means of fire or explosive damages

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; or

(c) Knowingly starts a fire on 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 without the consent of the State; or

(d) Knowingly deposits on land or in a building

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 without the consent of the State, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building.

(2) 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. 89‑30, eff. 1‑1‑96.)

    (720 ILCS 5/21‑5)(from Ch. 38, par. 21‑5)
    Sec. 21‑5. Criminal Trespass to State Supported Land.
    (a) Whoever 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 such land, after receiving, prior to such entry, notice from the State or its representative that such entry is forbidden, or remains upon such land or in such 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 such building or land, commits a Class A misdemeanor.
    (b) A person has received notice from the State within the meaning of subsection (a) if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry to him or a group of which he is a part, has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof.
    (c) Whoever 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 such 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 such land or in such building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon such land or in such building, and who thereby interferes with another person's lawful use or enjoyment of such building or land, commits a Class A misdemeanor.
    Subsection (c) 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 such land in the performance of his or her official duties.
(Source: P.A. 94‑263, eff. 1‑1‑06.)

(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.)

    (720 ILCS 5/21‑7)(from Ch. 38, par. 21‑7)
    (Text of Section from P.A. 94‑263)
    Sec. 21‑7. Criminal trespass to restricted areas and restricted landing areas at airports.
    (a) Whoever 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, after such person has received notice from the airport authority that such entry is forbidden commits a Class A misdemeanor. 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 such entry to him or a group or an organization of which he is a member, which has been conspicuously posted or exhibited at every usable entrance to such area or the forbidden part thereof.
    (b) Whoever 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 by presenting false documents or falsely representing his or her identity orally to the airport authority commits a Class A misdemeanor.
    (c) 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.
    (d) Subsection (b) 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.
(Source: P.A. 94‑263, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑547)
    Sec. 21‑7. Criminal trespass to restricted areas and restricted landing areas at airports.) Whoever 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, after such person has received notice from the airport authority that such entry is forbidden commits a Class 4 felony. Whoever 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 commits a Class 3 felony. 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 such entry to him or a group or an organization of which he is a member, which has been conspicuously posted or exhibited at every usable entrance to such area or the forbidden part thereof.
    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.
(Source: P.A. 94‑547, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑548)
    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) Whoever 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, after such person has received notice from the airport authority that such entry is forbidden commits a Class A misdemeanor. 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 such entry to him or a group or an organization of which he is a member, which has been conspicuously posted or exhibited at every usable entrance to such area or the forbidden part thereof.
    (b) Whoever enters upon, or remains in, any restricted area or restricted landing area as prohibited in subsection (a) of this Section, while dressed in the uniform of, improperly wearing the identification of, presenting false credentials of, or otherwise physically impersonating an airman, employee of an airline, employee of an airport, or contractor at an airport commits a Class 4 felony.
    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.
(Source: P.A. 94‑548, eff. 8‑11‑05.)

    (720 ILCS 5/21‑8)
    Sec. 21‑8. Criminal trespass to a nuclear facility.
    (a) A person commits the offense of criminal trespass to a nuclear facility if he or she knowingly and without lawful authority:
        (1) enters or remains within a nuclear facility or

on the grounds of a nuclear facility, after receiving notice before entry that entry to the nuclear facility is forbidden; or

(2) remains within the facility or on the grounds of

the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or

(3) enters or remains within a nuclear facility or on

the grounds of a nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.

(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. 94‑263, eff. 1‑1‑06.)

    (720 ILCS 5/21‑9)
    Sec. 21‑9. Criminal trespass to a place of public amusement.
    (a) A person commits the offense of criminal trespass to a place of public amusement if 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. Such 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 if 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. 93‑407, eff. 1‑1‑04; 94‑263, eff. 1‑1‑06.)

(720 ILCS 5/21‑10)     Sec. 21‑10. Criminal use of a motion picture exhibition facility.     (a) Any person, where a motion picture is being exhibited, who 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 is guilty of criminal use of a motion picture exhibition facility.     (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. 93‑804, eff. 7‑24‑04.)

      (720 ILCS 5/Art. 21.1 heading)
ARTICLE 21.1. RESIDENTIAL PICKETING

(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.)

(720 ILCS 5/21.1‑2) (from Ch. 38, par. 21.1‑2)     Sec. 21.1‑2. It is unlawful to picket before or about the residence or dwelling of any person, except when the residence or dwelling is used as a place of business. However, 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. 81‑1270.)

(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.)

      (720 ILCS 5/Art. 21.2 heading)
ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF HIGHER EDUCATION

(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 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 higher 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. 76‑1582.)

(720 ILCS 5/21.2‑2) (from Ch. 38, par. 21.2‑2)     Sec. 21.2‑2.     A person commits interference with a public institution of higher education when, on the campus of a public institution of higher education, or at or in any building or other facility owned, operated or controlled by the institution, without authority from the institution he, through force or violence, actual or threatened:     (a) willfully denies to a trustee, employee, student or invitee of the institution:     (1) Freedom of movement at such place; or     (2) Use of the property or facilities of the institution; or     (3) The right of ingress or egress to the property or facilities of the institution; or     (b) willfully impedes, obstructs, interferes with or disrupts:     (1) the performance of institutional duties by a trustee or employee of the institution; or     (2) the pursuit of educational activities, as determined or prescribed by the institution, by a trustee, employee, student or invitee of the institution; or     (c) knowingly occupies or remains in or at any building, property or other facility owned, operated or controlled by the institution after due notice to depart. (Source: P. A. 76‑1582.)

(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, employees, students or invitees of a public institution of higher education, or prevents orderly petition for redress of grievances. (Source: P.A. 76‑1582.)

(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. (Source: P. A. 77‑2638.)

(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 higher education" means an educational organization located in this State which provides an organized post‑high school educational program, and which is supported in whole or in part by appropriations of the General Assembly.     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 higher 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 higher education, its trustees, employees, students or invitees. (Source: P. A. 76‑1582.)

(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.)

      (720 ILCS 5/Art. 21.3 heading)
ARTICLE 21.3 SOLICITATION ON SCHOOL PROPERTY

(720 ILCS 5/21.3‑5)     Sec. 21.3‑5. 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) A violation of this Section is a Class C misdemeanor.     (c) For the purposes of this Section, "school property" is defined as the buildings or grounds of any public or private elementary or secondary school.     (d) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 88‑357.)

      (720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

    (720 ILCS 5/24‑1)(from Ch. 38, par. 24‑1)
    (Text of Section from P.A. 94‑72)
    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

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any

vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or         (6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for

the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb‑shell, grenade, bottle or

other container containing an explosive substance of over one‑quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or

taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction

or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person,

upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive

bullet. For purposes of this paragraph (a) "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; or

(12) (Blank).     (b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) 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) or 24‑1(a)(7)(ii) or (iii) 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), or 24‑1(a)(10) commits a Class 3 felony.     (c) Violations in specific places.         (1) A person who violates subsection 24‑1(a)(6) or

24‑1(a)(7) in any school, regardless of the time of day or the time of year, in 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, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on 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 public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24‑1(a)(4),

24‑1(a)(9), or 24‑1(a)(10) in any school, regardless of the time of day or the time of year, in 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, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on 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 public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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.

(2) A person who violates subsection 24‑1(a)(1),

24‑1(a)(2), or 24‑1(a)(3) in any school, regardless of the time of day or the time of year, in 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, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on 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 public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this

subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c),

"school" means any public or private elementary or secondary school, community college, college, or university.

(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 trade, then such presumption shall not apply to the driver.     (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 94‑72, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑284)     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

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any

vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or         (6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for

the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb‑shell, grenade, bottle or

other container containing an explosive substance of over one‑quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or

taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction

or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person,

upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive

bullet. For purposes of this paragraph (a) "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; or

(12) (Blank).     (b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) 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) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony, 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), or 24‑1(a)(10) commits a Class 3 felony. The possession of each weapon 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

24‑1(a)(7) in any school, regardless of the time of day or the time of year, in 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, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on 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 public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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 2 felony.

(1.5) A person who violates subsection 24‑1(a)(4),

24‑1(a)(9), or 24‑1(a)(10) in any school, regardless of the time of day or the time of year, in 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, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on 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 public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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.

(2) A person who violates subsection 24‑1(a)(1),

24‑1(a)(2), or 24‑1(a)(3) in any school, regardless of the time of day or the time of year, in 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, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on 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 public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this

subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c),

"school" means any public or private elementary or secondary school, community college, college, or university.

(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 trade, then such presumption shall not apply to the driver.     (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 94‑284, eff. 7‑21‑05.)

    (720 ILCS 5/24‑1.1)(from Ch. 38, par. 24‑1.1)
    (Text of Section from P.A. 94‑72)
    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 Department of 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, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 years and any second or subsequent violation 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. 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 or the Cannabis Control 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. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. 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.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑72, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    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 Department of 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, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 years. 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 or the Cannabis Control Act is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. 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. 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)
 
    (Text of Section from P.A. 94‑556)
    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 Department of 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, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 years. 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, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 3 years and not more than 14 years. 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.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑556, eff. 9‑11‑05.)

    (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

she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;

(2) Discharges a firearm in the direction of another

person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;

(3) Discharges a firearm in the direction of a person

he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;

(4) Discharges a firearm in the direction of a

vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(5) Discharges a firearm in the direction of a person

he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(6) Discharges a firearm in the direction of a

vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(7) Discharges a firearm in the direction of a person

he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;

(8) Discharges a firearm in the direction of a person

he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or

(9) Discharges a firearm in the direction of a

vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.

(b) A violation of subsection (a)(1) 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:     "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. 94‑243, eff. 1‑1‑06.)

    (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

with a device designed or used for silencing the report of a firearm at or into a building he or she knows to be occupied and the machine gun or the firearm equipped with a device designed or used for silencing the report of a firearm is discharged from a place or position outside that building;

(2) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of another person or in the direction of a vehicle he or she knows to be occupied;

(3) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be a peace officer, a person summoned or directed by a peace officer, a correctional institution employee, or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(4) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(5) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(6) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(7) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or

(8) Discharges a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.

(b) A violation of subsection (a) (1) 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, "machine gun" has the meaning ascribed to it in clause (i) of paragraph (7) of subsection (a) of Section 24‑1 of this Code. (Source: P.A. 94‑243, eff. 1‑1‑06.)

(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.)

    (720 ILCS 5/24‑1.6)
    (Text of Section from P.A. 94‑72)
    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

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:             (A) the firearm possessed was uncased, loaded

and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded

and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is 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 7 years. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is 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 7 years. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. (Source: P.A. 93‑906, eff. 8‑11‑04; 94‑72, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑284)     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

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:             (A) the firearm possessed was uncased, loaded

and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded

and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. The possession of each firearm in violation of this Section constitutes a single and separate violation. (Source: P.A. 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)       (Text of Section from P.A. 94‑556)     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

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:             (A) the firearm possessed was uncased, loaded

and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded

and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) the person possessing the weapon is a member

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

(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 carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. (Source: P.A. 93‑906, eff. 8‑11‑04; 94‑556, eff. 9‑11‑05.)

    (720 ILCS 5/24‑1.7)
    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

this Code;

(2) unlawful use of a weapon by a felon; aggravated

unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm; or

(3) any violation of the Illinois Controlled

Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.

(b) Sentence. Being an armed habitual criminal is a Class X felony. (Source: P.A. 94‑398, eff. 8‑2‑05.)

    (720 ILCS 5/24‑2)(from Ch. 38, par. 24‑2)
    (Text of Section from P.A. 93‑438)
    Sec. 24‑2. Exemptions.
    (a) Subsections 24‑1(a)(3), 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) Peace officers, and any person summoned by a

peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a

public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security

contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for

the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3‑9005 of the Counties Code.

(13) Court Security Officers while in the

performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard

at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(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 the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down

in a non‑functioning state or are not immediately accessible.

(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:         (1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.

(5) Persons licensed under federal law to

manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken

down in a non‑functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be

broken down in a non‑functioning state, or not immediately accessible.

(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

of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus

military ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(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. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑438, eff. 8‑5‑03.)       (Text of Section from P.A. 93‑439)     Sec. 24‑2. Exemptions.     (a) Subsections 24‑1(a)(3), 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) Peace officers, and any person summoned by a

peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a

public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security

contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for

the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3‑9005 of the Counties Code.

(13) Court Security Officers while in the

performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard

at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(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 the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down

in a non‑functioning state or are not immediately accessible.

(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:         (1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.

(5) Persons licensed under federal law to

manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken

down in a non‑functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be

broken down in a non‑functioning state, or not immediately accessible.

(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

of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus

military ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(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, those devices shall be detached from any weapon or not immediately accessible.     (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. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑439, eff. 8‑5‑03.)       (Text of Section from P.A. 93‑576)     Sec. 24‑2. Exemptions.     (a) Subsections 24‑1(a)(3), 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) Peace officers, and any person summoned by a

peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a

public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security

contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for

the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace

officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3‑9005 of the Counties Code.

(12.5) Probation officers while in the performance

of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the

performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard

at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(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 the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down

in a non‑functioning state or are not immediately accessible.

(c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:         (1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.

(5) Persons licensed under federal law to

manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken

down in a non‑functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be

broken down in a non‑functioning state, or not immediately accessible.

(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

of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus

military ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(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. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑576, eff. 1‑1‑04.)

(720 ILCS 5/24‑2.1) (from Ch. 38, par. 24‑2.1)     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,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard while in the performance of their official duties.

(4) Federal officials required to carry firearms,

while engaged in the performance of their official duties.

(5) United States Marshals, while engaged in the

performance of their official duties.

(6) Persons licensed under federal law to

manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.

This exemption does not authorize the general

private possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.

(7) Laboratories having a department of forensic

ballistics or specializing in the development of ammunition or explosive ordnance.

(8) Manufacture, transportation, or sale of armor

piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.

(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.)

(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)
    (Text of Section from P.A. 94‑6)
    Sec. 24‑3. Unlawful Sale of Firearms.
    (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
        (a) Sells or gives any firearm of a size which may

be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic

addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is

mentally retarded.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer or a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any

person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person

who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(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 of

firearms in violation of any of paragraphs (c) through (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale of

firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale of

firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) or (i) of subsection (A) in 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, in a public park, in a courthouse, on 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 public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, 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 2 felony.

(6) Any person convicted of unlawful sale of

firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale of firearms

in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(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. 93‑162, eff. 7‑10‑03; 93‑906, eff. 8‑11‑04; 94‑6, eff. 1‑1‑06.)       (Text of Section from P.A. 94‑284)     Sec. 24‑3. Unlawful Sale of Firearms.     (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:         (a) Sells or gives any firearm of a size which may

be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic

addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is

mentally retarded.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any

person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person

who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(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 of

firearms in violation of any of paragraphs (c) through (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale of

firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale of

firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale of

firearms in violation of paragraph (a) or (i) of subsection (A) in 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, in a public park, in a courthouse, on 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 public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, 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 2 felony.

(6) Any person convicted of unlawful sale of

firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale of firearms

in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(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. 93‑162, eff. 7‑10‑03; 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)

(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

sentence shall be a term of imprisonment of not less than 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;

(3) is guilty of a Class X felony for which the

sentence shall be a term of imprisonment of not less than 10 years and not more than 50 years if the transfer is of more than 20 firearms.

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.)

    (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

possession any firearm of a size which may be concealed upon the person; or

(2) He is under 21 years of age, has been convicted

of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or

(3) He is a narcotic addict and has any firearms or

firearm ammunition in his possession; or

(4) He has been a patient in a mental hospital

within the past 5 years and has any firearms or firearm ammunition in his possession; or

(5) He is mentally retarded and has any firearms or

firearm ammunition in his possession; or

(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; or     (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. 94‑284, eff. 7‑21‑05.)

(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,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard while in the performance of their official duties;

(4) Federal officials required to carry firearms,

while engaged in the performance of their official duties;

(5) United States Marshals, while engaged in the

performance of their official duties.

(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.)

(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.)

(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:

(i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and

(2) on which the transferee certifies that he or she

is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.

(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

purchase of a firearm:

(A) is guilty of a Class 4 felony for purchasing

or attempting to purchase one firearm;

(B) is guilty of a Class 3 felony for purchasing

or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;

(C) is guilty of a Class 2 felony for purchasing

or attempting to purchase not less than 6 firearms and not more than 10 firearms at the same time or within a 2 year period;

(D) is guilty of a Class 1 felony for purchasing

or attempting to purchase not less than 11 firearms and not more than 20 firearms at the same time or within a 3 year period;

(E) is guilty of 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 30 years for purchasing or attempting to purchase not less than 21 firearms and not more than 30 firearms at the same time or within a 4 year period;

(F) is guilty of 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 40 years for purchasing or attempting to purchase not less than 31 firearms and not more than 40 firearms at the same time or within a 5 year period;

(G) is guilty of 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 50 years for purchasing or attempting to purchase more than 40 firearms at the same time or within a 6 year period.

(2) In addition to any other penalty that may be

imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.

(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense. (Source: P.A. 93‑451, eff. 8‑7‑03; 93‑906, eff. 8‑11‑04.)

(720 ILCS 5/24‑3.6)     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.)

(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.)

(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.)

(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 Department of 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. 91‑696, eff. 4‑13‑00.)

(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.)

(720 ILCS 5/24‑8)     Sec. 24‑8. Firearm tracing.     (a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a local 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 local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine prior ownership of the firearm.     (b) Local law enforcement shall, when appropriate, use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms in complying with subsection (a) of this Section.     (c) Local law enforcement agencies shall use the Illinois Department of 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. (Source: P.A. 91‑364, eff. 1‑1‑00; 92‑300, eff. 1‑1‑02.)

(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

firearm safety, designed to render a firearm temporarily inoperable; or

(2) placed in a securely locked box or container; or         (3) placed in some other location that a reasonable

person would believe to be secure from a minor under the age of 14 years.

(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

to a firearm and uses it in a lawful act of self‑defense or defense of another; or

(2) to any firearm obtained by a minor under the age

of 14 because of an unlawful entry of the premises by the minor or another person.

(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.)

    (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

combination lock; and

(ii) designed to prevent the handgun from being

discharged unless the device has been deactivated.

(2) An integrated mechanical safety, disabling, or

locking device that is:

(i) built into the handgun; and             (ii) designed to prevent the handgun from being

discharged unless the device has been deactivated.

(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

handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:

(i) personnel of any unit of the federal

government;

(ii) members of the armed forces of the United

States or the National Guard;

(iii) law enforcement personnel of the State or

any local law enforcement agency in the State while acting within the scope of their official duties; and

(iv) an organization that is required by federal

law governing its specific business or activity to maintain handguns and applicable ammunition;

(2) a firearm modified to be permanently inoperative;         (3) the sale or transfer of a handgun by a federally

licensed firearms dealer or manufacturer described in item (1) of this subsection (d);

(4) the sale or transfer of a handgun by a federally

licensed firearms dealer or manufacturer to a lawful customer outside the State; or

(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

(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.)

(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.)

      (720 ILCS 5/Art. 24.6 heading)
ARTICLE 24.6. LASER POINTERS

(720 ILCS 5/24.6‑5)     Sec. 24.6‑5. Definitions. In this Article:     "Laser pointer" means a hand‑held device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.     "Laser sight" means a laser pointer that can be attached to a firearm and can be used to improve the accuracy of the firearm. (Source: P.A. 91‑252, eff. 1‑1‑00.)

(720 ILCS 5/24.6‑20)     Sec. 24.6‑20. Aiming a laser pointer at a peace officer.     (a) A person commits aiming a laser pointer at a peace officer when he or she intentionally or knowingly aims an operating laser pointer at a person he or she knows or reasonably should know to be a peace officer.     (b) Sentence. Aiming a laser pointer at a peace officer is a Class A misdemeanor. (Source: P.A. 91‑252, eff. 1‑1‑00.)

      (720 ILCS 5/Art. 25 heading)
ARTICLE 25. MOB ACTION AND RELATED OFFENSES

(720 ILCS 5/25‑1) (from Ch. 38, par. 25‑1)     Sec. 25‑1. Mob action.     (a) Mob action consists of any of the following:         (1) The use of force or violence disturbing the

public peace by 2 or more persons acting together and without authority of law; or

(2) The assembly of 2 or more persons to do an

unlawful act; or

(3) The assembly of 2 or more persons, without

authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

(b) Mob action as defined in paragraph (1) of subsection (a) is a Class 4 felony.     (c) Mob action as defined in paragraphs (2) and (3) of subsection (a) is a Class C misdemeanor.     (d) Any participant in a mob action which shall by violence inflict injury to the person or property of another commits a Class 4 felony.     (e) Any participant in a mob action who does not withdraw on being commanded to do so by any peace officer commits a Class A misdemeanor.     (f) In addition to any other sentence that may be imposed, a court shall order any person convicted of mob action to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.     This subsection does not apply when the court imposes a sentence of incarceration. (Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

(720 ILCS 5/25‑1.1)     Sec. 25‑1.1. Unlawful contact with streetgang members.     (a) A person commits the offense of unlawful contact with streetgang members when:         (1) He or she knowingly has direct or indirect

contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of such sentence being to refrain from direct or indirect contact with a streetgang member or members; or

(2) He or she knowingly has direct or indirect

contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been released on bond for any criminal offense with a condition of such bond being to refrain from direct or indirect contact with a streetgang member or members.

(b) Unlawful contact with streetgang members is a Class A misdemeanor.     (c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963 and the streetgang members are not engaged in any streetgang related activity. (Source: P.A. 90‑795, eff. 8‑14‑98; 91‑357, eff. 7‑29‑99.)

(720 ILCS 5/25‑2) (from Ch. 38, par. 25‑2)     Sec. 25‑2. Removal of chief of police or sheriff.     (a) If a prisoner is taken from the custody of any policeman or chief of police of any city, town or village and lynched, it shall be prima facie evidence of wrong‑doing on the part of such chief of police and he shall be suspended. The mayor or chief executive of such city, town or village shall appoint an acting chief of police until he has ascertained whether the suspended chief of police has done all in his 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 has done his utmost to protect the prisoner, he may reinstate the chief of police; but, if he 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 shall not be eligible to serve again in such office.     (b) If a prisoner is taken from the custody of any sheriff or his deputy and lynched, it shall be prima facie evidence of wrong‑doing on the part of such sheriff and he shall be suspended. The governor shall appoint an acting sheriff until he has ascertained whether the suspended sheriff has done all in his power to protect the life of the prisoner. If, upon hearing all evidence and argument, the governor finds that the sheriff has done his utmost to protect the prisoner, he shall reinstate the sheriff; but, if he 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 such office. Any sheriff replaced shall not be eligible to serve again in such office. (Source: Laws 1961, p. 1983.)

      (720 ILCS 5/Art. 26 heading)
ARTICLE 26. DISORDERLY CONDUCT

(720 ILCS 5/26‑1) (from Ch. 38, par. 26‑1)     Sec. 26‑1. Elements of the Offense.     (a) A person commits disorderly conduct when he knowingly:         (1) Does any act in such unreasonable manner as to

alarm or disturb another and to provoke a breach of the peace; or

(2) Transmits or causes to be transmitted in any

manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(3) Transmits or causes to be transmitted in any

manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or

(4) Transmits or causes to be transmitted in any

manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or

(5) Enters upon the property of another and for a

lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

(6) While acting as a collection agency as defined

in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

(7) Transmits or causes to be transmitted a false

report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or

(8) Transmits or causes to be transmitted a false

report to the Department of Public Health under the Nursing Home Care Act; or

(9) Transmits or causes to be transmitted in any

manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician‑ambulance or emergency medical technician‑paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or

(10) Transmits or causes to be transmitted a false

report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or

(11) Transmits or causes to be transmitted a false

report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or

(12) Calls the number "911" for the purpose of

making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5), (a)(11), or (a)(12) 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)(4), (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)(6) 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), (a)(11), or (a)(12) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) 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. (Source: P.A. 92‑16, eff. 6‑28‑01; 92‑502, eff. 12‑19‑01; 93‑431, eff. 8‑5‑03.)

(720 ILCS 5/26‑2) (from Ch. 38, par. 26‑2)     Sec. 26‑2. Interference with emergency communication.     (a) A person commits the offense of interference with emergency communication when he 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

Class B misdemeanor, except as otherwise provided in paragraph (2).

(2) Interference with emergency communication, where

serious bodily injury or property loss in excess of $1,000 results, is a Class A misdemeanor.

(Source: P.A. 82‑418.)

(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 capable of sending or receiving facsimiles of documents through connection with a telecommunications network.     (2) "Person" means an individual, public or private corporation, unit of government, partnership or unincorporated association.     (b) No person shall knowingly use 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 such 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. 86‑555.)

(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‑10) It is unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.     (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‑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

live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;

(2) The making of a video record or transmission of

live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections.

(3) The making of a video record or transmission of

live video in a locker room by a reporter or news medium, as those terms are defined in Section 8‑902 of the Code of Civil Procedure, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews.

(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), (a‑10), (a‑15),

or (a‑20) is a Class A misdemeanor.

(2) A violation of subsection (a‑5) is a Class 4

felony.

(3) A violation of subsection (a‑25) is a Class 3

felony.

(4) A violation of subsection (a), (a‑5), (a‑10),

(a‑15) or (a‑20) is a Class 3 felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.

(5) A violation of subsection (a‑25) is a Class 2

felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.

(e) For purposes of this Section, "video record" means

and includes any videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and "live video" means and includes any real‑time or contemporaneous electronic or digital transmission of a still or moving visual image.

(Source: P.A. 92‑86, eff. 7‑12‑01; 93‑851, eff. 1‑1‑05.)

    (720 ILCS 5/26‑5)
    Sec. 26‑5. 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 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) Penalties for violations of this Section shall be as follows:
        (1) Any person convicted of violating subsection

(a), (b), or (c) of this Section is guilty of a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation, and may be fined an amount not to exceed $50,000.

(1.5) A person who knowingly owns a dog for fighting

purposes or for producing a fight between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a dog bred for fighting is guilty of a Class 3 felony and may be fined an amount not to exceed $50,000, if the dog participates in a dogfight and any of the following factors is present:

(i) the dogfight is performed in the presence of

a person under 18 years of age;

(ii) the dogfight is performed for the purpose

of or in the presence of illegal wagering activity; or

(iii) the dogfight is performed in furtherance

of streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(1.7) A person convicted of violating subsection

(c‑5) of this Section is guilty of a Class 4 felony.

(2) Any person convicted of violating subsection (d)

or (e) of this Section is guilty of a Class A misdemeanor for a first violation. A second or subsequent violation of subsection (d) or (e) of this Section is a Class 3 felony.

(2.5) Any person convicted of violating subsection

(f) of this Section is guilty of a Class 4 felony.

(3) Any person convicted of violating subsection (g)

of this Section is guilty of a Class A misdemeanor for a first violation. A second or subsequent violation of subsection (g) of this Section is a Class 4 felony. If a person under 13 years of age is present at any show, exhibition, program, or other activity prohibited in subsection (g), the parent, legal guardian, or other person who is 18 years of age or older who brings that person under 13 years of age to that show, exhibition, program, or other activity is guilty of a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(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. (Source: P.A. 94‑820, eff. 1‑1‑07.)

    (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,

processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person.

(2) "Funeral site" means a church, synagogue, mosque,

funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next 30 minutes or has been conducted within the last 30 minutes.

(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

funeral site, in any loud singing, playing of music, chanting, whistling, yelling, or noisemaking with, or without, noise amplification including, but not limited to, bullhorns, auto horns, and microphones within 200 feet of any ingress or egress of that funeral site, where the volume of such singing, music, chanting, whistling, yelling, or noisemaking is likely to be audible at and disturbing to the funeral site;

(2) displays, with knowledge of the existence of a

funeral site and within 200 feet of any ingress or egress of that funeral site, any visual images that convey fighting words or actual or veiled threats against any other person; or

(3) with knowledge of the existence of a funeral

site, knowingly obstructs, hinders, impedes, or blocks another person's entry to or exit from that funeral site or a facility containing that funeral site, except that the owner or occupant of property may take lawful actions to exclude others from that property.

(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. 94‑772, eff. 5‑17‑06.)

      (720 ILCS 5/Art. 28 heading)
ARTICLE 28. GAMBLING AND RELATED OFFENSES

(720 ILCS 5/28‑1) (from Ch. 38, par. 28‑1)     Sec. 28‑1. Gambling.     (a) A person commits gambling when he:         (1) Plays a game of chance or skill for money or

other thing of value, unless excepted in subsection (b) of this Section; or

(2) Makes a wager upon the result of any game,

contest, or any political nomination, appointment or election; or

(3) Operates, keeps, owns, uses, purchases,

exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device; or

(4) Contracts to have or give himself or another the

option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4); or

(5) Knowingly owns or possesses any book, instrument

or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager; or

(6) Sells pools upon the result of any game or

contest of skill or chance, political nomination, appointment or election; or

(7) Sets up or promotes any lottery or sells, offers

to sell or transfers any ticket or share for any lottery; or

(8) Sets up or promotes any policy game or sells,

offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device; or

(9) Knowingly drafts, prints or publishes any

lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government; or

(10) Knowingly advertises any lottery or policy

game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state; or

(11) Knowingly transmits information as to wagers,

betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or

(12) Knowingly establishes, maintains, or operates

an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet.

(b) Participants in any of the following activities shall not be convicted of gambling therefor:         (1) Agreements to compensate for loss caused by the

happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;

(2) Offers of prizes, award or compensation to the

actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;

(3) Pari‑mutuel betting as authorized by the law of

this State;

(4) Manufacture of gambling devices, including the

acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law;

(5) The game commonly known as "bingo", when

conducted in accordance with the Bingo License and Tax Act;

(6) Lotteries when conducted by the State of

Illinois in accordance with the Illinois Lottery Law;

(7) Possession of an antique slot machine that is

neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier;

(8) Raffles when conducted in accordance with the

Raffles Act;

(9) Charitable games when conducted in accordance

with the Charitable Games Act;

(10) Pull tabs and jar games when conducted under

the Illinois Pull Tabs and Jar Games Act; or

(11) Gambling games conducted on riverboats when

authorized by the Riverboat Gambling Act.

(c) Sentence.     Gambling under subsection (a)(1) or (a)(2) of this Section is a Class A misdemeanor. Gambling under any of subsections (a)(3) through (a)(11) of this Section is a Class A misdemeanor. A second or subsequent conviction under any of subsections (a)(3) through (a)(11), is a Class 4 felony. Gambling under subsection (a)(12) of this Section is a Class A misdemeanor. A second or subsequent conviction under subsection (a)(12) is a Class 4 felony.     (d) Circumstantial evidence.     In prosecutions under subsection (a)(1) through (a)(12) of this Section circumstantial evidence shall have the same validity and weight as in any criminal prosecution. (Source: P.A. 91‑257, eff. 1‑1‑00.)

(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 operates a "policy game" or engages in the business of bookmaking.     (c) A person "operates a policy game" when he 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 better or

player whose bets or plays are represented by such money; or

(2) written "policy game" records, made or used over

any period of time, from a person other than the better or player whose bets or plays are represented by such written record.

(d) A person engages in bookmaking when he 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 such bookmaker on account thereof shall exceed $2,000. Bookmaking is the receiving or accepting of such 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

happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance; and

(2) Offers of prizes, award or compensation to the

actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest; and

(3) Pari‑mutuel betting as authorized by law of this

State; and

(4) Manufacture of gambling devices, including the

acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; and

(5) Raffles when conducted in accordance with the

Raffles Act; and

(6) Gambling games conducted on riverboats when

authorized by the Riverboat Gambling Act.

(f) Sentence. Syndicated gambling is a Class 3 felony. (Source: P.A. 86‑1029; 87‑435.)

(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

played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property.

(2) Vending machines by which full and adequate

return is made for the money invested and in which there is no element of chance or hazard.

(3) A crane game. For the purposes of this

paragraph (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than 7 times the cost charged to play the amusement device once or $5, whichever is less.

(4) A redemption machine. For the purposes of this

paragraph (4), a "redemption machine" is a single‑player or multi‑player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object into, upon, or against a hole or other target, provided that all of the following conditions are met:

(A) The outcome of the game is predominantly

determined by the skill of the player.

(B) The award of the prize is based solely upon

the player's achieving the object of the game or otherwise upon the player's score.

(C) Only merchandise prizes are awarded.             (D) The average wholesale value of prizes

awarded in lieu of tickets or tokens for single play of the device does not exceed the lesser of $5 or 7 times the cost charged for a single play of the device.

(E) The redemption value of tickets, tokens, and

other representations of value, which may be accumulated by players to redeem prizes of greater value, does not exceed the amount charged for a single play of the device.

(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" and "computer" have the meanings ascribed to them in Section 16D‑2 of this Code.     (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.     (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. 91‑257, eff. 1‑1‑00.)

(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 Riverboat Gambling 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 proceeded against as such, and     (b) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and     (c) Such premises of any person who knowingly permits thereon a violation of any Section of this Article shall be held liable for, 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. (Source: P.A. 86‑1029.)

(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.)

(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 Department of 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 or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat 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 Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section. (Source: P.A. 87‑826.)

(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 from instituting a cause of action to collect any amount due and owing under an extension of credit to a riverboat gambling patron as authorized under the Riverboat Gambling Act. (Source: P.A. 87‑826.)

(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. (Source: P.A. 79‑1360.)

(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.)

      (720 ILCS 5/Art. 29 heading)
ARTICLE 29. BRIBERY IN CONTESTS

(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.)

(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.)

(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.)

      (720 ILCS 5/Art. 29A heading)
ARTICLE 29A. COMMERCIAL BRIBERY

(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.)

(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.)

(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.)

(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.)

      (720 ILCS 5/Art. 29B heading)
ARTICLE 29B. MONEY LAUNDERING

    (720 ILCS 5/29B‑1)(from Ch. 38, par. 29B‑1)
    Sec. 29B‑1. (a) A person commits the offense of money laundering:
        (1) when, knowing that the property involved in a

financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct such a financial transaction which in fact involves criminally derived property:

(A) with the intent to promote the carrying on

of the unlawful activity from which the criminally derived property was obtained; or

(B) where he or she knows or reasonably should

know that the financial transaction is designed in whole or in part:

(i) to conceal or disguise the nature, the

location, the source, the ownership or the control of the criminally derived property; or

(ii) to avoid a transaction reporting

requirement under State law; or

(1.5) when he or she transports, transmits, or

transfers, or attempts to transport, transmit, or transfer a monetary instrument:

(A) with the intent to promote the carrying on of

the unlawful activity from which the criminally derived property was obtained; or

(B) knowing, or having reason to know, that the

financial transaction is designed in whole or in part:

(i) to conceal or disguise the nature, the

location, the source, the ownership or the control of the criminally derived property; or

(ii) to avoid a transaction reporting

requirement under State law; or

(2) when, with the intent to:             (A) promote the carrying on of a specified

criminal activity as defined in this Article; or

(B) conceal or disguise the nature, location,

source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined by subdivision (b)(6); or

(C) avoid a transaction reporting requirement

under State law,

he or she conducts or attempts to conduct a financial

transaction involving property he or she believes to be the proceeds of specified criminal activity as defined by subdivision (b)(6) or property used to conduct or facilitate specified criminal activity as defined by subdivision (b)(6).

(b) As used in this Section:         (0.5) "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, regardless of whether or not such activity is specified in subdivision (b)(4).

(1) "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. For purposes of clause (a)(2) of this Section, the term "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 Section.

(2) "Financial institution" means any bank; saving

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.

(3) "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 such form that title thereto passes upon delivery.

(4) "Criminally derived property" means: (A) any

property, real or personal, constituting or derived from proceeds obtained, directly or indirectly, pursuant to a violation of the Criminal Code of 1961, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act; or (B) any property represented to be property constituting or derived from proceeds obtained, directly or indirectly, pursuant to a violation of this Code, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act.

(5) "Conduct" or "conducts" includes, in addition to

its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction.

(6) "Specified criminal activity" means any

violation of Section 20.5‑5 (720 ILCS 5/20.5‑5) and any violation of Article 29D of this Code.

(7) "Director" means the Director of State Police or

his or her designated agents.

(8) "Department" means the Department of State Police

of the State of Illinois or its successor agency.

(9) "Transaction reporting requirement under State

law" means any violation as defined under the Currency Reporting Act.

(c) Sentence.         (1) Laundering of criminally derived property of a

value not exceeding $10,000 is a Class 3 felony;

(2) Laundering of criminally derived property of a

value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;

(3) Laundering of criminally derived property of a

value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;

(4) Money laundering in violation of subsection

(a)(2) of this Section is a Class X felony;

(5) Laundering of criminally derived property of a

value exceeding $500,000 is a Class 1 non‑probationable felony.

(d) Evidence. 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

structured or attempted in violation of the reporting requirements of any State or federal law; or

(2) A financial transaction was conducted or

attempted with the use of a false or fictitious name or a forged instrument; or

(3) A falsely altered or completed written instrument

or a written instrument that contains any materially false personal identifying information was made, used, offered or presented, whether accepted or not, in connection with a financial transaction; or

(4) A financial transaction was structured or

attempted to be structured so as to falsely report the actual consideration or value of the transaction; or

(5) A money transmitter, a person engaged in a trade

or business or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record; or

(6) The criminally derived property is transported or

possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of such property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to such property; or

(7) A person pays or receives substantially less than

face value for one or more monetary instruments; or

(8) A person engages in a transaction involving one

or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.

(e) Duty to enforce this Article.         (1) It is the duty of the Department of State Police,

and its agents, officers, and investigators, to enforce all provisions of this Article, except those 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.

(2) Any agent, officer, investigator, or peace

officer designated by the Director may: (A) make seizure of property pursuant to the provisions of this Article; and (B) perform such 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.

(f) Protective orders.         (1) 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 subsection (h) for forfeiture under this Article:

(A) upon the filing of an indictment,

information, or complaint charging a violation of this Article for which forfeiture may be ordered under this Article and alleging that the property with respect to which the order is sought would be subject to forfeiture under this Article; or

(B) prior to the filing of such an indictment,

information, or complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that:

(i) there is probable cause to believe that

the State will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and

(ii) the need to preserve the availability of

the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.

Provided, however, that an order entered pursuant

to subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment, information, complaint, or administrative notice has been filed.

(2) A temporary restraining order under this

subsection 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 Section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a 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 paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order.

(3) The court may receive and consider, at a hearing

held pursuant to this subsection (f), evidence and information that would be inadmissible under the Illinois rules of evidence.

(4) Order to repatriate and deposit.             (A) In general. Pursuant to 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.

(B) Failure to comply. Failure to comply with an

order under this subsection (f) is punishable as a civil or criminal contempt of court.

(g) Warrant of seizure. The State may request the

issuance of a warrant authorizing the seizure of property described in subsection (h) 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 such property.

(h) Forfeiture.         (1) The following are subject to forfeiture:             (A) any property, real or personal, constituting,

derived from, or traceable to any proceeds the person obtained directly or indirectly, as a result of a violation of this Article;

(B) any of the person's property used, or

intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this Article;

(C) all conveyances, including aircraft, vehicles

or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in subparagraphs (A) and (B), but:

(i) no conveyance used by any person as a

common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Article;

(ii) no conveyance is subject to forfeiture

under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;

(iii) a forfeiture of a conveyance encumbered

by a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;

(D) all real property, including any right,

title, and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation of this Article or that is the proceeds of any violation or act that constitutes a violation of this Article.

(2) 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:

(A) if the seizure is incident to a seizure

warrant;

(B) if the property subject to seizure has been

the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article;

(C) if there is probable cause to believe that

the property is directly or indirectly dangerous to health or safety;

(D) if there is probable cause to believe that

the property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or

(E) in accordance with the Code of Criminal

Procedure of 1963.

(3) In the event of seizure pursuant to paragraph

(2), forfeiture proceedings shall be instituted in accordance with subsections (i) through (r).

(4) Property taken or detained under this Section

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. When 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:

(A) place the property under seal;             (B) remove the property to a place designated by

the Director;

(C) keep the property in the possession of the

seizing agency;

(D) remove the property to a storage area for

safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account;

(E) place the property under constructive seizure

by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property; or

(F) provide for another agency or custodian,

including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the Director.

(5) When property is forfeited under this Article,

the Director shall sell all such property unless such 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, in accordance with paragraph (6). However, upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests and prosecution which lead to the forfeiture, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws, if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in its enforcement efforts. When any real property returned to the seizing agency is sold by the agency or its unit of government, the proceeds of the sale shall be delivered to the Director and distributed in accordance with paragraph (6).

(6) All monies and the sale proceeds of all other

property forfeited and seized under this Article shall be distributed as follows:

(A) 65% shall be distributed to the metropolitan

enforcement group, local, municipal, county, or State law enforcement agency or agencies which conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used for the enforcement of laws.

(B)(i) 12.5% shall be distributed to the Office

of the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws. In counties over 3,000,000 population, 25% shall be distributed to the Office of the State's Attorney for use in the enforcement of laws. If the prosecution is undertaken solely by the Attorney General, the portion provided hereunder shall be distributed to the Attorney General for use in the enforcement of laws.

(ii) 12.5% shall be distributed to the Office

of the State's Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that office to be used for additional expenses incurred in the investigation, prosecution and appeal of cases arising under laws. The Office of the State's Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.

(C) 10% shall be retained by the Department of

State Police for expenses related to the administration and sale of seized and forfeited property.

(i) Notice to owner or interest holder.         (1) Whenever notice of pending forfeiture or service

of an in rem complaint is required under the provisions of this Article, such notice or service shall be given as follows:

(A) If the owner's or interest holder's name and

current address are known, then by either personal service or mailing a copy of the notice by certified mail, return receipt requested, to that address. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, then 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; or

(B) If the property seized is a conveyance, to

the address reflected in the office of the agency or official in which title or interest to the conveyance is required by law to be recorded, then by mailing a copy of the notice by certified mail, return receipt requested, to that address; or

(C) If the owner's or interest holder's address

is not known, and is not on record as provided in paragraph (B), then by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.

(2) Notice served under this Article is effective

upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.

(j) Notice to State's Attorney. The law enforcement

agency seizing property for forfeiture under this Article shall, within 90 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. When 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 such vehicle.

(k) 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 subsection (l) of this Section within 45 days from receipt of notice of seizure from the seizing agency under subsection (j) of this Section. 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

seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days after the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with subsection (i) of this Section.

(2) The notice of pending forfeiture must include a

description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.

(3)(A) Any person claiming an interest in property

which is the subject of notice under paragraph (1) of this subsection (k), must, in order to preserve any rights or claims to the property, within 45 days after the effective date of notice as described in subsection (i) of this Section, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:

(i) the caption of the proceedings as set forth

on the notice of pending forfeiture and the name of the claimant;

(ii) the address at which the claimant will

accept mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the interest in the property;

(v) the name and address of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.         (B) If a claimant files the claim and deposits with

the State's Attorney a cost bond, in the form of a cashier's check payable to the clerk of the court, in the sum of 10% of the reasonable value of the property as alleged by the State's Attorney or the sum of $100, whichever is greater, upon condition that, in the case of forfeiture, the claimant must pay all costs and expenses of forfeiture proceedings, then the State's Attorney shall institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in subsection (l) of this Section within 45 days after receipt of the claim and cost bond. In lieu of a cost bond, a person claiming interest in the seized property may file, under penalty of perjury, an indigency affidavit which has been approved by a circuit court judge.

(C) If none of the seized property is forfeited in

the judicial in rem proceeding, the clerk of the court shall return to the claimant, unless the court orders otherwise, 90% of the sum which has been deposited and shall retain as costs 10% of the money deposited. If any of the seized property is forfeited under the judicial forfeiture proceeding, the clerk of the court shall transfer 90% of the sum which has been deposited to the State's Attorney prosecuting the civil forfeiture to be applied to the costs of prosecution and the clerk shall retain as costs 10% of the sum deposited.

(4) If no claim is filed or bond given within the 45

day period as described in paragraph (3) of this subsection (k), the State's Attorney shall declare the property forfeited and shall promptly notify the owner and all known interest holders of the property and the Director of State Police of the declaration of forfeiture and the Director shall dispose of the property in accordance with law.

(l) Judicial in rem procedures. If property seized under

the provisions of 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 and a cost bond under paragraph (3) of subsection (k) of this Section, the following judicial in rem procedures shall apply:

(1) If, after a review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days of the receipt of notice of seizure by the seizing agency or the filing of the claim and cost bond, whichever is later, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture and, if the claimant has filed a claim and cost bond, by depositing the cost bond with the clerk of the court. When authorized by law, a forfeiture must be ordered by a court on an action in rem brought by a State's Attorney under a verified complaint for forfeiture.

(2) During the probable cause portion of the judicial

in rem proceeding wherein the State presents its case‑in‑chief, the court must receive and consider, among other things, all relevant hearsay evidence and information. The laws of evidence relating to civil actions apply to all other portions of the judicial in rem proceeding.

(3) 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. Upon motion of the State, the court shall first hold a hearing, wherein any claimant must establish by a preponderance of the evidence, that he or she has a lawful, legitimate ownership interest in the property and that it was obtained through a lawful source.

(4) The answer must be signed by the owner or

interest holder under penalty of perjury and must set forth:

(A) the caption of the proceedings as set forth

on the notice of pending forfeiture and the name of the claimant;

(B) the address at which the claimant will accept

mail;

(C) the nature and extent of the claimant's

interest in the property;

(D) the date, identity of transferor, and

circumstances of the claimant's acquisition of the interest in the property;

(E) the name and address of all other persons

known to have an interest in the property;

(F) all essential facts supporting each

assertion; and

(G) the precise relief sought.         (5) The answer must be filed with the court within 45

days after service of the civil in rem complaint.

(6) The hearing must be held within 60 days after

filing of the answer unless continued for good cause.

(7) The State shall show the existence of probable

cause for forfeiture of the property. If the State shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.

(8) If the State does not show existence of probable

cause, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does show existence of probable cause, the court shall order all property forfeited to the State.

(9) 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.

(10) An acquittal or dismissal in a criminal

proceeding does not preclude civil proceedings under this Article; however, for good cause shown, on a motion by the State's Attorney, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a money laundering violation. Such a stay shall not be available pending an appeal. Property subject to forfeiture under this Article shall not be subject to return or release by a court exercising jurisdiction over a criminal case involving the seizure of such property unless such return or release is consented to by the State's Attorney.

(11) All property declared forfeited under this

Article vests in this State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited.

(12) A civil action under this Article must 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) 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.

(n) 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.

(o) Property constituting attorney fees. Nothing in this

Article applies to property which 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 where such property was paid before its seizure, before the issuance of any seizure warrant or court order prohibiting transfer of the property and where the attorney, at the time he or she received the property did not know that it was property subject to forfeiture under this Article.

(p) Construction. 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 hereunder shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law.

(q) Judicial review. If property has been declared

forfeited under subsection (k) of this Section, 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 and cost bond as described in paragraph (3) of subsection (k) of this Section. If a claim and cost bond is filed under this Section, then the procedures described in subsection (l) of this Section apply.

(r) Burden of proof of exemption or exception. It is not

necessary for the State to negate any exemption or exception in this Article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption or exception is upon the person claiming it.

(s) 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 pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant to 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. 93‑520, eff. 8‑6‑03; 94‑364, eff. 7‑29‑05; 94‑556, eff. 9‑11‑05; 94‑955, eff. 6‑27‑06.)

      (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.
    (g‑25) "Endangering the food supply" means to knowingly:
        (1) bring into this State any domestic animal that

is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease;

(2) expose any animal in this State to any contagious

or infectious disease;

(3) deliver any poultry that is infected with any

contagious or infectious disease to any poultry producer pursuant to a production contract;

(4) except as permitted under the Insect Pest and

Plant Disease Act, bring or release into this State any insect pest or expose any plant to an insect pest; or

(5) expose any raw agricultural commodity, animal

feed, or processed food to any contaminant or contagious or infectious disease.

"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

apprehension;

(3) provide the person with money, transportation, a

weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension;

(4) prevent or obstruct, by means of force,

intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;

(5) suppress, by any act of concealment, alteration,

or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;

(6) aid the person to protect or expeditiously

profit from an advantage derived from the crime; or

(7) provide expert services or expert assistance to

the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency.

(Source: P.A. 94‑68, eff. 6‑22‑05.)

(720 ILCS 5/29D‑15)     Sec. 29D‑15. Soliciting material support for terrorism; providing material support for a terrorist act.     (a) A person is guilty of soliciting material support for terrorism if he or she knowingly raises, solicits, or collects material support or resources knowing that the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism as defined in Section 29D‑30 or causing a catastrophe as defined in Section 20.5‑5 (720 ILCS 5/20.5‑5) of this Code, or who knows and intends that the material support or resources so raised, solicited, or collected 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) A person is guilty of providing material support for terrorism if he or she knowingly provides material support or resources to a person knowing that the person will use that support or those resources in whole or in part to plan, prepare, carry out, facilitate, or to avoid apprehension for committing terrorism as defined in Section 29D‑30 or to cause a catastrophe as defined in Section 20.5‑5 (720 ILCS 5/20.5‑5) of this Code.     (c) Sentence. Soliciting 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. Providing material support for a terrorist act 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. 92‑854, eff. 12‑5‑02.)

(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. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑25)     Sec. 29D‑25. Falsely making a terrorist threat.     (a) A person is guilty 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 20.5‑5 (720 ILCS 5/20.5‑5) of this Code which he or she knows is false.     (b) Sentence. Falsely making a terrorist threat is a Class 1 felony. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑30)     Sec. 29D‑30. Terrorism.     (a) A person is guilty 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

defined in Section 29D‑10(1) of this Code within this State; or

(2) he or she, while outside this State, knowingly

commits a terrorist act as defined in Section 29D‑10(1) of this Code that takes effect within this State or produces substantial detrimental effects within this State.

(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; however, if the terrorist act caused the death of one or more persons, a mandatory term of natural life imprisonment shall be the sentence in the event the death penalty is not imposed. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(720 ILCS 5/29D‑35)     Sec. 29D‑35. Hindering prosecution of terrorism.     (a) A person is guilty of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D‑30 or caused a catastrophe, as defined in Section 20.5‑5 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. (Source: P.A. 92‑854, eff. 12‑5‑02.)

(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.)

(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.)

(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.)

(720 ILCS 5/29D‑65)     Sec. 29D‑65. Asset freeze, seizure, and forfeiture.     (a) Asset freeze, seizure, and forfeiture in connection with a violation of this Article.         (1) Whenever it appears that there is probable cause

to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all the assets of that person and, upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. A copy of the freeze or seize order shall be served upon the person whose assets have been frozen or seized and that person or any person claiming an interest in the property may, at any time within 30 days of service, file a motion to release his or her assets. Within 10 days that person is entitled to a hearing. In any proceeding to release assets, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute a violation of this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in violation of or in any way that would constitute a violation of this Article, the court shall order such property frozen or held until further order of the court. Any property so ordered held or frozen shall be subject to forfeiture under the following procedure. Upon the request of the defendant, the court may release frozen or seized assets sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Section.

(2) If, within 60 days after any seizure or asset

freeze under subparagraph (1) of this Section, a person having any property interest in the seized or frozen property is charged with an offense, the court which renders judgment upon the charge shall, within 30 days after the judgment, conduct a forfeiture hearing to determine whether the property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article. The 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 or frozen property, a representation that written notice of the date, time, and place of the hearing has been mailed to every such person by certified mail at least 10 days before the date, and a request for forfeiture. Every such person may appear as a party and present evidence at the hearing. The quantum of proof required shall be preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized or frozen property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article, an order of forfeiture and disposition of the seized or frozen money and property shall be entered. All property forfeited may be liquidated and the resultant money together with any money forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order, any such property so forfeited shall be received by the State's Attorney or Attorney General and upon liquidation shall be allocated among the participating law enforcement agencies in such proportions as may be determined equitable by the court entering the forfeiture order.

(3) If a seizure or asset freeze under subparagraph

(1) of this subsection (a) is not followed by a charge under this Article within 60 days, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction or a judgment of acquittal is entered, the State's Attorney or Attorney General shall immediately commence an in rem proceeding for the forfeiture of any seized money or other things of value, or both, in the circuit court and any person having any property interest in the money or property may commence separate civil proceedings in the manner provided by law. Any property so forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order.

(b) Forfeiture of property acquired in connection with a violation of this Article.         (1) Any person who commits any offense under this

Article shall forfeit, according to the provisions of this Section, any moneys, profits, or proceeds, and any interest or property in which the sentencing court determines he or she has acquired or maintained, directly or indirectly, in whole or in part, as a result of, or used, was about to be used, or was intended to be used in connection with the offense. The person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords the person a source of influence over any enterprise which he or she has established, operated, controlled, conducted, or participated in conducting, where his or her relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he or she has obtained or acquired through an offense under this Article or which he or she used, about to use, or intended to use in connection with any offense under this Article. Forfeiture under this Section may be pursued in addition to or in lieu of proceeding under subsection (a) of this Section.

(2) Proceedings instituted under this subsection

shall be subject to and conducted in accordance with the following procedures:

(A) The sentencing court shall, upon petition by

the prosecuting agency, whether it is the Attorney General or the State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this subsection. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture.

(B) In any action brought by the People of the

State of Illinois under this Section, the court shall have jurisdiction to enter such restraining orders, injunctions, or prohibitions, or to take such other action in connection with any real, personal, or mixed property, or other interest, subject to forfeiture, as it shall consider proper.

(C) In any action brought by the People of the

State of Illinois under this subsection in which any restraining order, injunction, or prohibition or any other action in connection with any property or interest subject to forfeiture under this subsection is sought, the circuit court presiding over the trial of the person or persons charged with a violation under this Article shall first determine whether there is probable cause to believe that the person or persons so charged have committed an offense under this Article and whether the property or interest is subject to forfeiture under this subsection. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury in which the People shall establish: (i) probable cause that the person or persons so charged have committed an offense under this Article; and (ii) probable cause that any property or interest may be subject to forfeiture under this subsection. The hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of information charging a violation of this Article or the return of an indictment by a grand jury charging an offense under this Article as sufficient probable cause for purposes of this subsection. Upon such a finding, the circuit court shall enter such restraining order, injunction, or prohibition or shall take such other action in connection with any such property or other interest subject to forfeiture under this subsection as is necessary to ensure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order, or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition, or other action. The court may release the property to the defendant for good cause shown and within the sound discretion of the court.

(D) Upon a conviction of a person under this

Article, the court shall authorize the Attorney General or State's Attorney to seize and sell all property or other interest declared forfeited under this Article, unless the property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General or State's Attorney to segregate funds from the proceeds of the sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this subsection; or (3) to satisfy any bona‑fide purchaser for value of the right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General or State's Attorney shall publish notice of the order and his or her intent to dispose of the property. Within 30 days following the publication, any person may petition the court to adjudicate the validity of his or her alleged interest in the property. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale, along with any moneys forfeited or seized, among participating law enforcement agencies in such equitable portions as the court shall determine.

(E) No judge shall release any property or money

seized under subdivision (A) or (B) for the payment of attorney's fees of any person claiming an interest in such money or property.

(c) Exemptions from forfeiture. A property interest is exempt from forfeiture under this Section if its owner or interest holder establishes by a preponderance of evidence that the owner or interest holder:         (A)(i) in the case of personal property, is not

legally accountable for the conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur, or

(ii) in the case of real property, is not legally

accountable for the conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture; and

(B) had not acquired and did not stand to acquire

substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arms length commercial transaction; and

(C) with respect to conveyances, did not hold the

property jointly or in common with a person whose conduct gave rise to the forfeiture; and

(D) does not hold the property for the benefit of or

as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture; and

(E) that the owner or interest holder acquired the

interest:

(i) before the commencement of the conduct

giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or

(ii) after the commencement of the conduct

giving rise to its forfeiture, and the owner or interest holder acquired the interest as a mortgagee, secured creditor, lien holder, or bona fide purchaser for value without knowledge of the conduct which gave rise to the forfeiture; and

(a) in the case of personal property,

without knowledge of the seizure of the property for forfeiture; or

(b) in the case of real estate, before the

filing in the office of the Recorder of Deeds of the county in which the real estate is located of a notice of seizure for forfeiture or a lis pendens notice.

(Source: P.A. 92‑854, eff. 12‑5‑02.)

(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.)

      (720 ILCS 5/Tit. III Pt. E heading)
PART E. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
      (720 ILCS 5/Art. 30 heading)
ARTICLE 30. TREASON AND RELATED OFFENSES

(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 aid or comfort.     (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 for which an offender may be sentenced to death under Section 5‑5‑3 of the Unified Code of Corrections. (Source: P.A. 80‑1099.)

(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 conceals or withholds his knowledge that another has committed treason against this State.     (b) Sentence.     Misprision of treason is a Class 4 felony. (Source: P. A. 77‑2638.)

(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.)

      (720 ILCS 5/Art. 31 heading)
ARTICLE 31. INTERFERENCE WITH PUBLIC OFFICERS

(720 ILCS 5/31‑1) (from Ch. 38, par. 31‑1)     Sec. 31‑1. Resisting or obstructing a peace officer or correctional institution employee.     (a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.     (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 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 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, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing, or who are sexually dangerous persons or who are sexually violent persons. (Source: P.A. 92‑841, eff. 8‑22‑02.)

(720 ILCS 5/31‑1a) (from Ch. 38, par. 31‑1a)     Sec. 31‑1a. Disarming a peace officer or correctional institution employee. A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31‑1, takes or 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. 93‑207, eff. 1‑1‑04.)

(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.)

(720 ILCS 5/31‑4) (from Ch. 38, par. 31‑4)     Sec. 31‑4. Obstructing justice.     A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:     (a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or     (b) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or     (c) Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.     (d) Sentence.         (1) Obstructing justice is a Class 4 felony, except

as provided in paragraph (2) of this subsection (d).

(2) Obstructing justice in furtherance of streetgang

related or gang‑related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.

(Source: P.A. 90‑363, eff. 1‑1‑98.)

(720 ILCS 5/31‑5) (from Ch. 38, par. 31‑5)     Sec. 31‑5. Concealing or aiding a fugitive.     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. (Source: P. A. 77‑2638.)

(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 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 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 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 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 committed to the Department of Human Services under the provisions of the Sexually Violent Persons Commitment Act or in detention with the Department of Human Services awaiting such a commitment who intentionally escapes from any secure residential facility or from the custody of an employee of that facility commits a Class 2 felony.     (c) A person in the lawful custody of a peace officer for the alleged commission of a felony offense 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 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, or mandatory supervised release for 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 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. 89‑647, eff. 1‑1‑97; 89‑656, eff. 1‑1‑97; 89‑689, eff. 12‑31‑96; 90‑14, eff. 7‑1‑97; 90‑793, eff. 8‑14‑98.)

(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 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 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 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 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 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 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, 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. 89‑656, eff. 1‑1‑97; 89‑689, eff. 12‑31‑96.)

(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‑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 the offense of bringing contraband into a penal institution when he knowingly and without authority of any person designated or authorized to grant such 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 the offense of possessing contraband in a penal institution when he possesses contraband in a penal institution, regardless of the intent with which he possesses it.
    (c) For the purposes of this Section, the words and phrases listed below shall be defined as follows:
        (1) "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, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Act shall not apply to that part of such building unrelated to the incarceration or custody of persons.

(2) "Item of contraband" means any of the following:             (i) "Alcoholic liquor" as such term is defined

in Section 1‑3.05 of the Liquor Control Act of 1934.

(ii) "Cannabis" as such term is defined in

subsection (a) of Section 3 of the Cannabis Control Act.

(iii) "Controlled substance" as such term is

defined in the Illinois Controlled Substances Act.

(iii‑a) "Methamphetamine" as such term is defined

in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.

(iv) "Hypodermic syringe" or hypodermic needle,

or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.

(v) "Weapon" means any knife, dagger, dirk,

billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.

(vi) "Firearm" means any device, by whatever

name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:

(A) any pneumatic gun, spring gun, or B‑B

gun which expels a single globular projectile not exceeding .18 inch in diameter, or;

(B) any device used exclusively for

signaling or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(C) any device used exclusively for the

firing of stud cartridges, explosive rivets or industrial ammunition; or

(D) any device which is powered by

electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.

(vii) "Firearm ammunition" means any

self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:

(A) any ammunition exclusively designed for

use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(B) any ammunition designed exclusively for

use with a stud or rivet driver or other similar industrial ammunition.

(viii) "Explosive" means, but is not limited to,

bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.

(ix) "Tool to defeat security mechanisms" means,

but is not limited to, handcuff or security restraint key, tool designed to pick locks, or device or instrument capable of unlocking handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.

(x) "Cutting tool" means, but is not limited to,

hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.

(xi) "Electronic contraband" means, but is not

limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.

(d) Bringing alcoholic liquor into a penal institution is a Class 4 felony. Possessing alcoholic liquor in a penal institution is a Class 4 felony.     (e) Bringing cannabis into a penal institution is a Class 3 felony. Possessing cannabis in a penal institution is a Class 3 felony.     (f) Bringing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Controlled Substance Act into a penal institution is a Class 2 felony. Possessing any amount of a controlled substance classified in Schedule III, IV, or V of Article II of the Controlled Substance Act in a penal institution is a Class 2 felony.     (g) Bringing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act into a penal institution is a Class 1 felony. Possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act in a penal institution is a Class 1 felony.     (h) Bringing an item of contraband listed in paragraph (iv) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (iv) of subsection (c)(2) in a penal institution is a Class 1 felony.     (i) Bringing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) in a penal institution is a Class 1 felony.     (j) Bringing an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (c)(2) in a penal institution is a Class X felony. Possessing an item of contraband listed in paragraphs (vi), (vii), or (viii) of subsection (c)(2) in a penal institution is a Class X felony.     (k) It shall be an affirmative defense to subsection (b) hereof, that such possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued pursuant thereto.     (l) It shall be an affirmative defense to subsection (a)(1) and subsection (b) hereof that the person bringing into or possessing contraband in a penal institution had been arrested, and that that person possessed such contraband at the time of his arrest, and that such contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his arrest.     (m) 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. 94‑556, eff. 9‑11‑05.)

    (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 the offense of unauthorized bringing of contraband into a penal institution by an employee when a person who is an employee knowingly and without authority or any person designated or authorized to grant such authority:
        (1) brings or attempts to bring an item of

contraband listed in paragraphs (i) through (iv) of subsection (d)(4) into a penal institution, or

(2) causes or permits another to bring an item of

contraband listed in paragraphs (i) through (iv) of subsection (d)(4) into a penal institution.

(b) A person commits the offense of 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 such authority possesses contraband listed in paragraphs (i) through (iv) of subsection (d)(4) in a penal institution, regardless of the intent with which he possesses it.     (c) A person commits the offense of 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 such authority:         (1) delivers or possesses with intent to deliver an

item of contraband to any inmate of a penal institution, or

(2) conspires to deliver or solicits the delivery of

an item of contraband to any inmate of a penal institution, or

(3) causes or permits the delivery of an item of

contraband to any inmate of a penal institution, or

(4) permits another person to attempt to deliver an

item of contraband to any inmate of a penal institution.

(d) For purpose of this Section, the words and phrases listed below shall be defined as follows:         (1) "Penal Institution" shall have the meaning

ascribed to it in subsection (c)(1) of Section 31A‑1.1 of this Code;

(2) "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.

(3) "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;

(4) "Item of contraband" means any of the following:             (i) "Alcoholic liquor" as such term is defined

in Section 1‑3.05 of the Liquor Control Act of 1934.

(ii) "Cannabis" as such term is defined in

subsection (a) of Section 3 of the Cannabis Control Act.

(iii) "Controlled substance" as such term is

defined in the Illinois Controlled Substances Act.

(iii‑a) "Methamphetamine" as such term is defined

in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.

(iv) "Hypodermic syringe" or hypodermic needle,

or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.

(v) "Weapon" means any knife, dagger, dirk,

billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.

(vi) "Firearm" means any device, by whatever

name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:

(A) any pneumatic gun, spring gun, or B‑B

gun which expels a single globular projectile not exceeding .18 inch in diameter; or

(B) any device used exclusively for

signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(C) any device used exclusively for the

firing of stud cartridges, explosive rivets or industrial ammunition; or

(D) any device which is powered by

electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.

(vii) "Firearm ammunition" means any

self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:

(A) any ammunition exclusively designed for

use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(B) any ammunition designed exclusively for

use with a stud or rivet driver or other similar industrial ammunition.

(viii) "Explosive" means, but is not limited to,

bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.

(ix) "Tool to defeat security mechanisms" means,

but is not limited to, handcuff or security restraint key, tool designed to pick locks, or device or instrument capable of unlocking handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.

(x) "Cutting tool" means, but is not limited to,

hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.

(xi) "Electronic contraband" means, but is not

limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment.

(e) A violation of paragraphs (a) or (b) of this Section involving alcohol is a Class 4 felony. A violation of paragraph (a) or (b) of this Section involving cannabis is a Class 2 felony. A violation of paragraph (a) or (b) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class 1 felony. A violation of paragraph (a) or (b) of this Section involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (a) or (b) involving an item of contraband listed in paragraph (iv) of subsection (d)(4) is a Class X felony. A violation of paragraph (a) or (b) involving an item of contraband listed in paragraph (v) or (xi) of subsection (d)(4) is a Class 1 felony. A violation of paragraph (a) or (b) involving an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a Class X felony.     (f) A violation of paragraph (c) of this Section involving alcoholic liquor is a Class 3 felony. A violation of paragraph (c) involving cannabis is a Class 1 felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving an item of contraband listed in paragraph (iv) of subsection (d)(4) is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving an item of contraband listed in paragraph (v), (ix) or (x) of subsection (d)(4) is a Class X felony for which the minimum term of imprisonment shall be 10 years. A violation of paragraph (c) involving an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a Class X felony for which the minimum term of imprisonment shall be 12 years.     (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. 94‑556, eff. 9‑11‑05.)

      (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 compounds a crime when he 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. 77‑2638.)

(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 such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true.     (b) Proof of Falsity.     An indictment or information for perjury alleging that the offender, under oath, has made contradictory statements, material to the issue or point in question, in the same or in different proceedings, where such 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 is a peace officer who uses a false or fictitious name in the enforcement of the criminal laws, and such 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 Department of State Police Law (20 ILCS 2605/2605‑200). 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 is ordered by the court to disclose his identity.     (e) Sentence.     Perjury is a Class 3 felony. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(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 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. 77‑2638.)

    (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. A jury commissioner, or any other person acting on behalf of a jury commissioner, who 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 commits a Class 3 felony.     In addition to any other penalty provided by law, any 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. 84‑1428.)

(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 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) 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) To the lawful compensation paid to expert

witnesses, investigators, employees, or agents by a prosecutor, law enforcement agency, or an attorney employed to represent a person in a criminal matter.

(2) To the lawful compensation or benefits provided

to an informant by a prosecutor or law enforcement agency.

(2.5) To the lawful compensation or benefits, or

both, provided to an informant under a local anti‑crime program, such as Crime Stoppers, We‑Tip, and similar programs designed to solve crimes or that foster the detection of crime and encourage persons through the programs and otherwise to come forward with information about criminal activity.

(2.6) To the lawful compensation or benefits, or

both, provided by a private individual to another private individual as a reward for information leading to the arrest and conviction of specified offenders.

(3) To the lawful compensation paid to a publisher,

editor, reporter, writer, or other person connected with or employed by a newspaper, magazine, television or radio station or any other publishing or media outlet for disclosing information obtained from another person relating to an offense.

(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 referred to in subsection (a) of this Section may receive written notice from counsel for either the prosecution or defense of the fact that he or she has been identified as a person who may be called as a witness in a criminal proceeding and his or her responsibilities and possible penalties under this Section. This Section shall be applicable only if the person referred to in subsection (a) of this Section received the written notice referred to in this subsection (f). (Source: P.A. 90‑506, eff. 8‑19‑97.)

(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 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 accept an award or fee from the plaintiff or defendant in that case.     (c) 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. 91‑879, eff. 1‑1‑01.)

(720 ILCS 5/32‑5) (from Ch. 38, par. 32‑5)     Sec. 32‑5. False personation of attorney, judicial, or governmental officials.     (a) A person who falsely represents himself or herself to be an attorney authorized to practice law for purposes of compensation or consideration commits a Class 4 felony. This subsection (a) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.     (b) A person who falsely represents himself or herself to be a public officer or a public employee commits a Class B misdemeanor. (Source: P.A. 90‑293, eff. 1‑1‑98.)

    (720 ILCS 5/32‑5.1)(from Ch. 38, par. 32‑5.1)
    Sec. 32‑5.1. False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself to be a peace officer commits a Class 4 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.1‑1)
    Sec. 32‑5.1‑1. False personation of a peace officer while carrying a deadly weapon. A person who knowingly and falsely represents himself or herself to be a peace officer while carrying a deadly weapon commits a Class 3 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.2)(from Ch. 38, par. 32‑5.2)
    Sec. 32‑5.2. Aggravated False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself to be a peace officer in attempting or committing a felony commits a Class 2 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.2‑5)
    Sec. 32‑5.2‑5. False law enforcement badges.
    (a) A person who knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge, or in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency, is guilty of a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony.
    (b) It is a defense to a prosecution under this Section that the law enforcement badge is used or is intended to be used exclusively:
        (1) as a memento, or in a collection or exhibit;
        (2) for decorative purposes;
        (3) for a dramatic presentation, such as a

theatrical, film, or television production.

(Source: P.A. 94‑341, eff. 1‑1‑06.)

(720 ILCS 5/32‑5.3)     Sec. 32‑5.3. False personation of a parent or legal guardian. A person who falsely represents himself or herself to be the parent, legal guardian or other relation of a minor child to any public official, public employee, or elementary or secondary school employee or administrator commits a Class A misdemeanor. (Source: P.A. 88‑677, eff. 12‑15‑94.)

    (720 ILCS 5/32‑5.4)
    Sec. 32‑5.4. False personation of a fire fighter. A person who knowingly and falsely represents himself to be a fire fighter of any jurisdiction commits a Class 4 felony.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.4‑1)
    Sec. 32‑5.4‑1. False personation of a fire fighter while carrying a deadly weapon. A person who knowingly and falsely represents himself or herself to be a fire fighter while carrying a deadly weapon commits a Class 3 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.5)
    Sec. 32‑5.5. Aggravated false personation of a fire fighter. A person who knowingly and falsely represents himself or herself to be a fire fighter in attempting or committing a felony commits a Class 2 felony.
(Source: P.A. 94‑323, eff. 1‑1‑06; 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.6)
    Sec. 32‑5.6. False personation of an emergency management worker. A person who knowingly and falsely represents himself to be an emergency management worker of any jurisdiction in this State or of the American Red Cross commits a Class 4 felony. For purposes of this Section, "emergency management worker" shall have the same meaning as provided under Section 2‑6.6 of this Code.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.7)
    Sec. 32‑5.7. Aggravated false personation of an emergency management worker. A person who knowingly and falsely represents himself to be an emergency management worker of any jurisdiction in this State or of the American Red Cross in attempting or committing a felony commits a Class 3 felony. For purposes of this Section, "emergency management worker" shall have the same meaning as provided under Section 2‑6.6 of this Code.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

(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 person who issues or delivers any document which he knows falsely purports to be or simulates any civil or criminal process commits a Class B misdemeanor. (Source: P. A. 77‑2638.)

(720 ILCS 5/32‑8) (from Ch. 38, par. 32‑8)     Sec. 32‑8. Tampering with public records.     A person who knowingly and without lawful authority alters, destroys, defaces, removes or conceals any public record commits a Class 4 felony. (Source: P. A. 77‑2638.)

(720 ILCS 5/32‑9) (from Ch. 38, par. 32‑9)     Sec. 32‑9. Tampering with public notice.     A person who 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, commits a petty offense. (Source: P. A. 77‑2638.)

(720 ILCS 5/32‑10) (from Ch. 38, par. 32‑10)     Sec. 32‑10. Violation of bail bond.     (a) Whoever, having been admitted to bail for appearance before any court of this State, incurs a forfeiture of the bail and willfully fails to surrender himself within 30 days following the date of such forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony; or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the next lower Class, but not less than a Class C misdemeanor.     (a‑5) Any person who violates a condition of bail bond by possessing a firearm in violation of his or her conditions of bail commits a Class 4 felony for a first violation and a Class 3 felony for a second violation.     (b) Whoever, having been admitted to bail 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 admitted to bail 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 such release, must appear before the court before bail is statutorily set.     (d) Nothing in this Section shall interfere with or prevent the exercise by any court of its power to punishment for contempt. Any sentence imposed for violation of this Section shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted. (Source: P.A. 91‑696, eff. 4‑13‑00.)

(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.)

(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.)

(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.     (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. 89‑682, eff. 1‑1‑97.)

      (720 ILCS 5/Art. 33 heading)
ARTICLE 33. OFFICIAL MISCONDUCT

(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 act related to the employment or function of any public officer, public employee, juror or witness, he promises or tenders to that person any property or personal advantage which he is not authorized by law to accept; or     (b) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he promises or tenders to one whom he believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or     (c) With intent to cause any person to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he promises or tenders to that person any property or personal advantage which he is not authorized by law to accept; or     (d) He receives, retains or agrees to accept any property or personal advantage which he is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to cause him to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or     (e) He solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.     (f) Sentence.     Bribery is a Class 2 felony. (Source: P.A. 84‑761.)

(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 Department of 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 Department of State Police shall discharge such employee from any further duty under this Section. Upon receiving any such report, the Department of State Police shall forthwith transmit a copy thereof to the appropriate State's Attorney. (Source: P.A. 84‑25.)

    (720 ILCS 5/33‑3)(from Ch. 38, par. 33‑3)
    Sec. 33‑3. Official Misconduct.) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts:
        (a) Intentionally or recklessly fails to perform any

mandatory duty as required by law; or

(b) Knowingly performs an act which he knows he is

forbidden by law to perform; or

(c) With intent to obtain a personal advantage for

himself or another, he performs an act in excess of his lawful authority; or

(d) Solicits or knowingly accepts for the performance

of any act a fee or reward which he knows is not authorized by law.

A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony.     For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A‑101 of the Illinois Governmental Ethics Act. (Source: P.A. 94‑338, eff. 1‑1‑06.)

(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 State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor. (Source: P.A. 92‑853, eff. 8‑28‑02.)

(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 State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor. (Source: P.A. 92‑853, eff. 8‑28‑02.)

(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.)

(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.)

(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

issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or

(2) with intent to cause any person to influence any

act related to the issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or

(3) as an employee of the Illinois Secretary of

State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage that he or she is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to influence the performance of any act related to the issuance of any driver's license or permit; or

(4) as an employee of the Illinois Secretary of

State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the issuance of any driver's license or permit.

(b) Sentence. Bribery to obtain driving privileges is a

Class 2 felony.

(Source: P.A. 93‑783, eff. 1‑1‑05.)

    (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

to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property;

(2) knowingly performs an act that he or she knows he

or she is forbidden by law to perform;

(3) with intent to obtain a personal advantage for

himself, herself, or another, he or she performs an act in excess of his or her contractual responsibility; or

(4) solicits or knowingly accepts for the performance

of any act a fee or reward that he or she knows is not authorized by law.

(b) Sentence. Any person who violates this Section

commits a Class 3 felony.

(Source: P.A. 94‑338, eff. 1‑1‑06.)

      (720 ILCS 5/Tit. III Pt. F heading)
PART F. CERTAIN AGGRAVATED OFFENSES
      (720 ILCS 5/Art. 33A heading)
ARTICLE 33A. ARMED VIOLENCE

(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

of a felony offense poses a much greater threat to the public health, safety, and general welfare, than when a weapon is not used in the commission of the offense.

(2) Further, the use of a firearm greatly

facilitates the commission of a criminal offense because of the more lethal nature of a firearm and the greater perceived threat produced in those confronted by a person wielding a firearm. Unlike other dangerous weapons such as knives and clubs, the use of a firearm in the commission of a criminal felony offense significantly escalates the threat and the potential for bodily harm, and the greater range of the firearm increases the potential for harm to more persons. Not only are the victims and bystanders at greater risk when a firearm is used, but also the law enforcement officers whose duty is to confront and apprehend the armed suspect.

(3) Current law does contain offenses involving the

use or discharge of a gun toward or against a person, such as aggravated battery with a firearm, aggravated discharge of a firearm, and reckless discharge of a firearm; however, the General Assembly has legislated greater penalties for the commission of a felony while in possession of a firearm because it deems such acts as more serious.

(b) Legislative intent.         (1) In order to deter the use of firearms in the

commission of a felony offense, the General Assembly deems it appropriate for a greater penalty to be imposed when a firearm is used or discharged in the commission of an offense than the penalty imposed for using other types of weapons and for the penalty to increase on more serious offenses.

(2) With the additional elements of the discharge of

a firearm and great bodily harm inflicted by a firearm being added to armed violence and other serious felony offenses, it is the intent of the General Assembly to punish those elements more severely during commission of a felony offense than when those elements stand alone as the act of the offender.

(3) It is the intent of the 91st General Assembly

that should Public Act 88‑680 be declared unconstitutional for a violation of Article 4, Section 8 of the 1970 Constitution of the State of Illinois, the amendatory changes made by Public Act 88‑680 to Article 33A of the Criminal Code of 1961 and which are set forth as law in this amendatory Act of the 91st General Assembly are hereby reenacted by this amendatory Act of the 91st General Assembly.

(c) Definitions.         (1) "Armed with a dangerous weapon". A person is

considered armed with a dangerous weapon for purposes of this Article, when he or she carries on or about his or her person or is otherwise armed with a Category I, Category II, or Category III weapon.

(2) A Category I weapon is a handgun, sawed‑off

shotgun, sawed‑off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun. A Category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24‑1 of this Code, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character. As used in this subsection (b) "semiautomatic firearm" means a repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge.

(3) A Category III weapon is a bludgeon, black‑jack,

slungshot, sand‑bag, sand‑club, metal knuckles, billy, or other dangerous weapon of like character.

(Source: P.A. 91‑404, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

(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, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated battery of a child, home invasion, armed robbery, or aggravated vehicular hijacking.     (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, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated battery of a child, home invasion, armed robbery, or aggravated vehicular hijacking.     (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, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated battery of a child, home invasion, armed robbery, or aggravated vehicular hijacking.     (d) This Section does not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. (Source: P.A. 91‑404, eff. 1‑1‑00.)

    (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 Section 33B‑1 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,
        (iv) aggravated battery of a senior citizen,
        (v) criminal sexual assault,
        (vi) a violation of subsection (g) of Section 5 of

the Cannabis Control Act,

(vii) cannabis trafficking,         (viii) a violation of subsection (a) of Section 401

of the Illinois Controlled Substances Act,

(ix) controlled substance trafficking involving a

Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act,

(x) calculated criminal drug conspiracy,         (xi) streetgang criminal drug conspiracy, or         (xii) a violation of the Methamphetamine Control and

Community Protection Act.

(Source: P.A. 94‑556, eff. 9‑11‑05.)

      (720 ILCS 5/Art. 33B heading)
ARTICLE 33B.
MANDATORY LIFE SENTENCE
A THIRD OR SUBSEQUENT FORCIBLE OFFENSE

(720 ILCS 5/33B‑1) (from Ch. 38, par. 33B‑1)     Sec. 33B‑1. (a) Every person who has been twice convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, and is thereafter convicted of a Class X felony, criminal sexual assault or first degree murder, committed after the 2 prior convictions, shall be adjudged an habitual criminal.     (b) The 2 prior convictions need not have been for the same offense.     (c) Any convictions which result from or are connected with the same transaction, or result from offenses committed at the same time, shall be counted for the purposes of this Section as one conviction.     (d) This Article shall not apply unless each of the following requirements are satisfied:         (1) the third offense was committed after the

effective date of this Act;

(2) the third offense was committed within 20 years

of the date that judgment was entered on the first conviction, provided, however, that time spent in custody shall not be counted;

(3) the third offense was committed after conviction

on the second offense;

(4) the second offense was committed after

conviction on the first offense.

(e) Except when the death penalty is imposed, anyone adjudged an habitual criminal shall be sentenced to life imprisonment. (Source: P.A. 88‑677, eff. 12‑15‑94.)

(720 ILCS 5/33B‑2) (from Ch. 38, par. 33B‑2)     Sec. 33B‑2. (a) A prior conviction shall not be alleged in the indictment, and no evidence or other disclosure of such conviction shall be presented to the court or the jury during the trial of an offense set forth in Section 33B‑1 unless otherwise permitted by the issues properly raised in such trial. After a plea or verdict or finding of guilty and before sentence is imposed, the prosecutor may file with the court a verified written statement signed by the State's Attorney concerning any former conviction of an offense set forth in Section 33B‑1 rendered against the defendant. The court shall then cause the defendant to be brought before it; shall inform him of the allegations of the statement so filed, and of his right to a hearing before the court on the issue of such former conviction and of his right to counsel at such hearing; and unless the defendant admits such conviction, the court shall hear and determine such issue, and shall make a written finding thereon. If a sentence has previously been imposed, the court may vacate such sentence and impose a new sentence in accordance with Section 33B‑1 of this Act.     (b) A duly authenticated copy of the record of any alleged former conviction of an offense set forth in Section 33B‑1 shall be prima facie evidence of such former conviction; and a duly authenticated copy of the record of the defendant's final release or discharge from probation granted, or from sentence and parole supervision (if any) imposed pursuant to such former conviction, shall be prima facie evidence of such release or discharge.     (c) Any claim that a previous conviction offered by the prosecution is not a former conviction of an offense set forth in Section 33B‑1 because of the existence of any exceptions described in this Act, is waived unless duly raised at the hearing on such conviction, or unless the prosecution's proof shows the existence of such exceptions described in this Act. (Source: P.A. 80‑1099.)

(720 ILCS 5/33B‑3) (from Ch. 38, par. 33B‑3)     Sec. 33B‑3. If the person so convicted shall show to the satisfaction of the court before whom such conviction was had that he was released from imprisonment, upon either of the sentences upon a pardon granted for the reason that he was innocent, such conviction and sentence shall not be considered under Section 33B‑1. (Source: P.A. 80‑1099.)

      (720 ILCS 5/Art. 33C heading)
ARTICLE 33C. DECEPTION
RELATING TO CERTIFICATION
OF DISADVANTAGED BUSINESS ENTERPRISES

(720 ILCS 5/33C‑1) (from Ch. 38, par. 33C‑1)     Sec. 33C‑1. Fraudulently obtaining or retaining certification. A person who, in the course of business, fraudulently obtains or retains certification as a minority owned business or female owned business commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑2) (from Ch. 38, par. 33C‑2)     Sec. 33C‑2. 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 Minority and Female Business Enterprise Council for the purpose of influencing the certification or denial of certification of any business entity as a minority owned business or female owned business commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑3) (from Ch. 38, par. 33C‑3)     Sec. 33C‑3. Willfully obstructing or impeding an official or employee of any agency in his investigation. Any person who, in the course of business, willfully obstructs or impedes an official or employee of any State agency or the Minority and Female Business Enterprise Council who is investigating the qualifications of a business entity which has requested certification as a minority owned business or a female owned business commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑4) (from Ch. 38, par. 33C‑4)     Sec. 33C‑4. 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 or female owned businesses commits a Class 2 felony. (Source: P.A. 84‑192.)

(720 ILCS 5/33C‑5) (from Ch. 38, par. 33C‑5)     Sec. 33C‑5. Definitions. As used in this Article, "minority owned business", "female owned business", "State agency" and "certification" shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. (Source: P.A. 92‑16, eff. 6‑28‑01.)

      (720 ILCS 5/Art. 33D heading)
ARTICLE 33D.
CONTRIBUTING TO THE
CRIMINAL DELINQUENCY
OF A JUVENILE

(720 ILCS 5/33D‑1) (from Ch. 38, par. 33D‑1)     Sec. 33D‑1. (a) Contributing to the criminal delinquency of a juvenile. Any person of the age of 21 years and upwards, who with the intent to promote or facilitate the commission of an offense that is either a felony or misdemeanor, solicits, compels or directs any person under the age of 17 years in the commission of the offense commits the offense of contributing to the criminal delinquency of a juvenile.     (b) Sentence. Contributing to the criminal delinquency of a juvenile is a felony one grade higher than the offense committed, if the offense committed is a felony, except when the offense committed is first degree murder or a Class X felony. When the offense committed is first degree murder or a Class X felony, the penalty for contributing to the criminal delinquency of a juvenile is the same as the penalty for first degree murder or a Class X felony, respectively. Contributing to the criminal delinquency of a juvenile is a misdemeanor one grade higher than the offense committed, if the offense committed is a misdemeanor, except when the offense committed is a Class A misdemeanor. If the offense committed is a Class A misdemeanor, the penalty for contributing to the criminal delinquency of a juvenile is a Class 4 felony. (Source: P.A. 91‑337, eff. 1‑1‑00.)

      (720 ILCS 5/Art. 33E heading)
ARTICLE 33E. PUBLIC CONTRACTS

(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.)

(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, Females, and Persons with Disabilities Act.     (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. 92‑16, eff. 6‑28‑01.)

(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.)

(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.)

(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.)

(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 by federal, State or local minority or female owned business enterprise programs.     (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. 86‑150.)

(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.)

(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.)

(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 $10,000 or more or the time of completion by a total of 30 days or more. (Source: P.A. 86‑150; 87‑618.)

(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.)

(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 makes a false statement, material to the certification, commits a Class 3 felony. (Source: P.A. 86‑150.)

(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.)

(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.)

(720 ILCS 5/33E‑14)     Sec. 33E‑14. False statements on vendor applications. Whoever knowingly makes any false statement or report, for the purpose of influencing in any way the action of any unit of local government or school district in considering a vendor application, is guilty of a Class 3 felony. (Source: P.A. 90‑800, eff. 1‑1‑99.)

(720 ILCS 5/33E‑15)     Sec. 33E‑15. False entries. Any officer, agent, or employee of, or anyone who is affiliated in any capacity with any unit of local government or school district and 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, is guilty of a Class 3 felony. (Source: P.A. 90‑800, eff. 1‑1‑99.)

(720 ILCS 5/33E‑16)     Sec. 33E‑16. Misapplication of funds. Whoever, being an officer, director, agent, or employee of, or affiliated in any capacity with any unit of local government or school district, willfully misapplies any of the moneys, funds, or credits of the unit of local government or school district is guilty of a Class 3 felony. (Source: P.A. 90‑800, eff. 1‑1‑99.)

(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.)

(720 ILCS 5/33E‑18)     Sec. 33E‑18. Unlawful stringing of bids.     (a) No person for the purpose of evading the bidding requirements of any unit of local government or school district shall knowingly string or assist in stringing, or attempt to string any contract or job order with the unit of local government or school district.     (b) Sentence. A person who violates this Section is guilty of a Class 4 felony. (Source: P.A. 90‑800, eff. 1‑1‑99.)

      (720 ILCS 5/Art. 33F heading)
ARTICLE 33F. UNLAWFUL USE OF BODY ARMOR

(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

which is made of Kevlar or any other similar material or metal, fiberglass, plastic, and nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.

(2) Soft body armor which is made of Kevlar or any

other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.

(3) A military style recon/surveillance vest which

is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.

(4) Protective casual clothing which is made of

Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.

(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.)

(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.)

(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.)