There is a newer version of the Illinois Compiled Statutes
2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Part E - Offenses Affecting Governmental Functions
(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.)
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(720 ILCS 5/30‑2) (from Ch. 38, par. 30‑2)
Sec. 30‑2.
Misprision of treason.
(a) A person owing allegiance to this State commits misprision of
treason when he 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.)
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(720 ILCS 5/30‑3) (from Ch. 38, par. 30‑3)
Sec. 30‑3.
Advocating overthrow of Government.
A person who advocates, or with knowledge of its contents knowingly
publishes, sells or distributes any document which advocates or with
knowledge of its purpose, knowingly becomes a member of any organization
which advocates the overthrow or reformation of the existing form of
government of this State by violence or unlawful means commits a Class 3
felony.
(Source: P. A. 77‑2638.)
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(720 ILCS 5/31‑1) (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.)
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(720 ILCS 5/31‑1a) (from Ch. 38, par. 31‑1a)
Sec. 31‑1a.
Disarming a peace officer or correctional institution
employee. A 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.)
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(720 ILCS 5/31‑3) (from Ch. 38, par. 31‑3)
Sec. 31‑3.
Obstructing service of process.
Whoever knowingly resists or obstructs the authorized service or
execution of any civil or criminal process or order of any court commits a
Class B misdemeanor.
(Source: P. A. 77‑2638.)
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(720 ILCS 5/31‑4) (from Ch. 38, par. 31‑4)
Sec. 31‑4.
Obstructing justice.
A 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 | ||
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(2) Obstructing justice in furtherance of streetgang | ||
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(Source: P.A. 90‑363, eff. 1‑1‑98.)
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(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.)
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(720 ILCS 5/31‑6) (from Ch. 38, par. 31‑6)
Sec. 31‑6.
Escape; failure to report to a penal institution or to report
for periodic imprisonment.
(a) A person convicted of a felony or charged with the commission of a
felony 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.)
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(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.)
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(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.)
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(2) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined | ||
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(ii) "Cannabis" as such term is defined in | ||
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(iii) "Controlled substance" as such term is | ||
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(iii‑a) "Methamphetamine" as such term is defined | ||
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(iv) "Hypodermic syringe" or hypodermic needle, | ||
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(v) "Weapon" means any knife, dagger, dirk, | ||
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(vi) "Firearm" means any device, by whatever | ||
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(A) any pneumatic gun, spring gun, or B‑B | ||
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(B) any device used exclusively for | ||
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(C) any device used exclusively for the | ||
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(D) any device which is powered by | ||
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(vii) "Firearm ammunition" means any | ||
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(A) any ammunition exclusively designed for | ||
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(B) any ammunition designed exclusively for | ||
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(viii) "Explosive" means, but is not limited to, | ||
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(ix) "Tool to defeat security mechanisms" means, | ||
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(x) "Cutting tool" means, but is not limited to, | ||
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(xi) "Electronic contraband" means, but is not | ||
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(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.)
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(2) causes or permits another to bring an item of | ||
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(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 | ||
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(2) conspires to deliver or solicits the delivery of | ||
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(3) causes or permits the delivery of an item of | ||
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(4) permits another person to attempt to deliver an | ||
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(d) For purpose of this Section, the words and phrases listed below
shall be defined as follows:
(1) "Penal Institution" shall have the meaning | ||
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(2) "Employee" means any elected or appointed | ||
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(3) "Deliver" or "delivery" means the actual, | ||
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(4) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined | ||
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(ii) "Cannabis" as such term is defined in | ||
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(iii) "Controlled substance" as such term is | ||
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(iii‑a) "Methamphetamine" as such term is defined | ||
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(iv) "Hypodermic syringe" or hypodermic needle, | ||
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(v) "Weapon" means any knife, dagger, dirk, | ||
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(vi) "Firearm" means any device, by whatever | ||
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(A) any pneumatic gun, spring gun, or B‑B | ||
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(B) any device used exclusively for | ||
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(C) any device used exclusively for the | ||
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(D) any device which is powered by | ||
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(vii) "Firearm ammunition" means any | ||
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(A) any ammunition exclusively designed for | ||
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(B) any ammunition designed exclusively for | ||
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(viii) "Explosive" means, but is not limited to, | ||
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(ix) "Tool to defeat security mechanisms" means, | ||
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(x) "Cutting tool" means, but is not limited to, | ||
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(xi) "Electronic contraband" means, but is not | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) To the lawful compensation or benefits provided | ||
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(2.5) To the lawful compensation or benefits, or | ||
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(2.6) To the lawful compensation or benefits, or | ||
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(3) To the lawful compensation paid to a publisher, | ||
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(e) For purposes of this Section, "publishing or media outlet" means a
news gathering organization that sells or distributes news to newspapers,
television, or radio stations, or a cable or broadcast television or radio
network that disseminates news and information.
(f) The person 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.)
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(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.)
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(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.)
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(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.)
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(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)
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(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.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/32‑11)
Sec. 32‑11.
Barratry.
If a person
wickedly and willfully excites and stirs up
actions or quarrels between the people of this State with a view to promote
strife and contention, he or she is guilty of the petty
offense of common barratry; and if he or she is an attorney at
law, he or she shall be suspended from the practice of his or her
profession, for any time not exceeding 6 months.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/32‑12)
Sec. 32‑12.
Maintenance.
If a person
officiously intermeddles in an action that in
no way belongs to or concerns that person, by maintaining or
assisting either party, with money or otherwise, to prosecute or defend the
action, with a view to promote litigation, he or she is guilty of maintenance
and upon conviction shall be
fined and punished as in cases of common barratry. It
is not maintenance for a person to maintain the
action of his or her relative or servant, or a poor person out of
charity.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/32‑13)
Sec. 32‑13.
Unlawful clouding of title.
(a) Any person who intentionally records or files or causes to be recorded
or filed any document in the office of the recorder or registrar of titles of
any county of this State that is a cloud on the title of land in
this State, knowing that the theory upon which the purported cloud on title is
based is not recognized as a legitimate legal theory by the courts of this
State or of the United States, commits the offense of unlawful clouding of
title.
(b) Unlawful clouding of title is a Class A misdemeanor.
(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.)
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(720 ILCS 5/33‑1) (from Ch. 38, par. 33‑1)
Sec. 33‑1.
Bribery.) A person commits bribery when:
(a) With intent to influence the performance of any 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.)
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(720 ILCS 5/33‑2) (from Ch. 38, par. 33‑2)
Sec. 33‑2.
Failure to report a bribe.
Any public officer, public employee
or juror who fails to report
forthwith to the local State's Attorney, or in the case of a State employee
to the 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.)
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(b) Knowingly performs an act which he knows he is | ||
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(c) With intent to obtain a personal advantage for | ||
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(d) Solicits or knowingly accepts for the performance | ||
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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.)
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(720 ILCS 5/33‑3.1)
Sec. 33‑3.1.
Solicitation misconduct (State government).
(a) An employee of an
executive branch constitutional officer commits solicitation misconduct (State
government) when, at any time, he or she knowingly solicits or receives
contributions, as
that
term is defined in Section 9‑1.4 of the Election Code, from a person engaged in
a business or activity over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of
an
executive branch constitutional officer" means a full‑time or part‑time
salaried
employee, full‑time or part‑time salaried appointee, or any contractual
employee of any office, board,
commission, agency, department, authority, administrative unit, or corporate
outgrowth under the jurisdiction of an executive branch constitutional officer;
and "regulatory authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to the requirements
of any
State or federal statute or regulation relating to the business or activity.
(c) An employee of an executive branch constitutional officer, including one
who does not
have
regulatory authority, commits a violation of this Section if that employee
knowingly acts in concert with an employee of an executive
branch constitutional officer who does
have regulatory authority to solicit or receive contributions in violation of
this Section.
(d) Solicitation misconduct (State government) is a Class A
misdemeanor. An employee of an executive branch constitutional
officer convicted of committing solicitation misconduct (State government)
forfeits his or her employment.
(e) An employee of an executive branch constitutional officer who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (State government) to the 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.)
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(720 ILCS 5/33‑3.2)
Sec. 33‑3.2.
Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local government commits
solicitation misconduct (local government) when, at any time, he or she
knowingly solicits or
receives contributions, as that term is defined in Section 9‑1.4 of the
Election
Code, from a person engaged in a business or activity over which the person has
regulatory authority.
(b) For the purpose of this Section, "chief executive officer of a
local government" means an executive officer of a county, township or municipal
government or any administrative subdivision under jurisdiction of the county,
township, or municipal government including but not limited to: chairman or
president of a county board or commission, mayor or village president, township
supervisor, county executive, municipal manager, assessor, auditor, clerk,
coroner,
recorder, sheriff or State's Attorney; "employee of
a
chief
executive officer of a local government" means a full‑time or part‑time
salaried employee, full‑time or part‑time salaried appointee, or any
contractual employee of any office,
board, commission, agency, department, authority, administrative unit, or
corporate outgrowth under the jurisdiction of a chief executive officer of a
local government; and "regulatory authority" means having the
responsibility to investigate, inspect, license, or enforce regulatory measures
necessary to the requirements of any State, local, or federal statute or
regulation
relating to the business or activity.
(c) An employee of a chief executive officer of a local government,
including
one
who does not have regulatory authority, commits a violation of this Section if
that employee knowingly acts in concert with an employee of a chief
executive officer
of a local government who does have regulatory authority to solicit or
receive contributions in violation of this Section.
(d) Solicitation misconduct (local government) is a Class A
misdemeanor. An employee of a
chief executive officer of a local government convicted of committing
solicitation misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local government who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done
by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (local government) to the 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.)
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(720 ILCS 5/33‑4)
Sec. 33‑4.
Peace officer or correctional officer; gang‑related activity
prohibited.
(a) It is unlawful for a peace officer or correctional officer to
knowingly commit any act in
furtherance of gang‑related activities, except when acting in furtherance of an
undercover law enforcement investigation.
(b) In this Section, "gang‑related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90‑131, eff. 1‑1‑98.)
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(720 ILCS 5/33‑5)
Sec. 33‑5.
Preservation of evidence.
(a) It is unlawful for a
law enforcement agency
or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a)
of
Section 116‑4 of
the Code of Criminal Procedure of 1963.
(b) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(c) For purposes of this Section, "law enforcement agency" has the meaning
ascribed to it in subsection (e) of Section 116‑4 of the Code of Criminal
Procedure of 1963.
(Source: P.A. 91‑871, eff. 1‑1‑01; 92‑459, eff. 8‑22‑01.)
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(720 ILCS 5/33‑6) Sec. 33‑6. Bribery to obtain driving privileges.
(a) A person commits the offense of bribery to obtain driving privileges when: (1) with intent to influence any act related to the | ||
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(2) with intent to cause any person to influence any | ||
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(3) as an employee of the Illinois Secretary of | ||
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(4) as an employee of the Illinois Secretary of | ||
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(b) Sentence. Bribery to obtain driving privileges is a | ||
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(Source: P.A. 93‑783, eff. 1‑1‑05.) |
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(2) knowingly performs an act that he or she knows he | ||
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(3) with intent to obtain a personal advantage for | ||
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(4) solicits or knowingly accepts for the performance | ||
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(b) Sentence. Any person who violates this Section | ||
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(Source: P.A. 94‑338, eff. 1‑1‑06.) |
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