There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 720 ILCS 5/ Criminal Code of 1961. 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.)
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(2) Is hooded, robed or masked in such manner as to | ||
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(3) Knows the individual assaulted to be a teacher | ||
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(4) Knows the individual assaulted to be a | ||
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(5) Knows the individual assaulted to be a | ||
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(6) Knows the individual assaulted to be a peace | ||
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(7) Knows the individual assaulted to be an | ||
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(8) Knows the individual assaulted to be the driver, | ||
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(9) Or the individual assaulted is on or about a | ||
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(10) Knows the individual assaulted to be an | ||
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(11) Knowingly and without legal justification, | ||
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(12) Knowingly and without legal justification, | ||
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(13) Discharges a firearm;
(14) Knows the individual assaulted to be a | ||
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(15) Knows the individual assaulted to be a | ||
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(16) Knows the individual assaulted to be an | ||
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(17) Knows the individual assaulted to be a sports | ||
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(18) Knows the individual assaulted to be an | ||
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(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 | ||
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(2) Is hooded, robed or masked in such manner as to | ||
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(3) Knows the individual assaulted to be a teacher | ||
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(4) Knows the individual assaulted to be a | ||
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(5) Knows the individual assaulted to be a | ||
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(6) Knows the individual assaulted to be a peace | ||
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(7) Knows the individual assaulted to be an | ||
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(8) Knows the individual assaulted to be the driver, | ||
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(9) Or the individual assaulted is on or about a | ||
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(9.5) Is, or the individual assaulted is, in or about | ||
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(10) Knows the individual assaulted to be an | ||
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(11) Knowingly and without legal justification, | ||
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(12) Knowingly and without legal justification, | ||
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(13) Discharges a firearm;
(14) Knows the individual assaulted to be a | ||
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(15) Knows the individual assaulted to be a | ||
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(16) Knows the individual assaulted to be an | ||
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(17) Knows the individual assaulted to be a sports | ||
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(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.)
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(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.)
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(2) the place used or intended to be used to | ||
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(b) It may be inferred that a place was intended to be used to manufacture a
controlled or counterfeit substance or controlled substance analog if a
substance containing a controlled or counterfeit substance or controlled
substance analog or a substance containing a chemical important to the
manufacture of a controlled or counterfeit substance or controlled substance
analog is found at the place of the alleged illegal controlled substance
manufacturing in close proximity to equipment or a chemical used for
facilitating the manufacture of the controlled or counterfeit substance or
controlled substance analog that
is alleged to have been intended to be manufactured.
(c) As used in this Section,
"place" means a premises, conveyance, or location that offers
seclusion,
shelter, means, or facilitation for manufacturing, producing, possessing, or
possessing
with intent to deliver a controlled or counterfeit
substance,
controlled substance analog, or cannabis.
(d) Use of a dangerous place for the commission of a controlled substance
or cannabis offense is a Class 1 felony.
(Source: P.A. 93‑516, eff. 1‑1‑04; 94‑743, eff. 5‑8‑06.)
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(720 ILCS 5/12‑3) (from Ch. 38, par. 12‑3)
Sec. 12‑3.
Battery.
(a) A person commits battery if he 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.)
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(720 ILCS 5/12‑3.1) (from Ch. 38, par. 12‑3.1)
Sec. 12‑3.1.
Battery of an Unborn Child.
(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.)
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(2) Makes physical contact of an insulting or | ||
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(b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any
prior
conviction under this Code for 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.)
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(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.)
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(2) Is hooded, robed or masked, in such manner as to | ||
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(3) Knows the individual harmed to be a teacher or | ||
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(4) Knows the individual harmed to be a supervisor, | ||
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(5) Knows the individual harmed to be a caseworker, | ||
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(6) Knows the individual harmed to be a peace | ||
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(7) Knows the individual harmed to be an emergency | ||
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(8) Is, or the person battered is, on or about a | ||
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(9) Knows the individual harmed to be the driver, | ||
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(10) Knowingly and without legal justification and | ||
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(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom | ||
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(13) Knows the individual harmed to be an employee | ||
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(14) Knows the individual harmed to be a person who | ||
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(15) Knowingly and without legal justification and | ||
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(16) Is, or the person battered is, in any building | ||
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(17) Knows the individual harmed to be an employee | ||
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(18) Knows the individual harmed to be an emergency | ||
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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 | ||
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(2) Is hooded, robed or masked, in such manner as to | ||
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(3) Knows the individual harmed to be a teacher or | ||
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(4) Knows the individual harmed to be a supervisor, | ||
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(5) Knows the individual harmed to be a caseworker, | ||
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(6) Knows the individual harmed to be a peace | ||
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(7) Knows the individual harmed to be an emergency | ||
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(8) Is, or the person battered is, on or about a | ||
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(9) Knows the individual harmed to be the driver, | ||
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(10) Knows the individual harmed to be an individual | ||
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(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom | ||
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(13) Knows the individual harmed to be an employee | ||
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(14) Knows the individual harmed to be a person who | ||
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(15) Knowingly and without legal justification and | ||
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(16) Is, or the person battered is, in any building | ||
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(17) Knows the individual harmed to be an employee | ||
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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 | ||
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(2) Is hooded, robed or masked, in such manner as to | ||
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(3) Knows the individual harmed to be a teacher or | ||
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(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community | ||
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(7) Knows the individual harmed to be an emergency | ||
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(8) Is, or the person battered is, on or about a | ||
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(9) Knows the individual harmed to be the driver, | ||
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(10) Knowingly and without legal justification and | ||
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(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom | ||
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(13) (Blank);
(14) Knows the individual harmed to be a person who | ||
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(15) Knowingly and without legal justification and | ||
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(16) Is, or the person battered is, in any building | ||
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(17) (Blank); or (18) Knows the individual harmed to be an officer or | ||
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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 | ||
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(2) Is hooded, robed or masked, in such manner as to | ||
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(3) Knows the individual harmed to be a teacher or | ||
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(4) Knows the individual harmed to be a supervisor, | ||
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(5) Knows the individual harmed to be a caseworker, | ||
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(6) Knows the individual harmed to be a peace | ||
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(7) Knows the individual harmed to be an emergency | ||
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(8) Is, or the person battered is, on or about a | ||
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(9) Knows the individual harmed to be the driver, | ||
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(10) Knowingly and without legal justification and | ||
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(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom | ||
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(13) Knows the individual harmed to be an employee | ||
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(14) Knows the individual harmed to be a person who | ||
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(15) Knowingly and without legal justification and | ||
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(16) Is, or the person battered is, in any building | ||
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(17) Knows the individual harmed to be an employee | ||
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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) | ||
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(2) Aggravated battery that does not cause great | ||
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(3) Aggravated battery that causes great bodily harm | ||
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(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 | ||
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(2) Is hooded, robed or masked, in such manner as to | ||
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(3) Knows the individual harmed to be a teacher or | ||
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(4) Knows the individual harmed to be a supervisor, | ||
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(5) Knows the individual harmed to be a caseworker, | ||
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(6) Knows the individual harmed to be a peace | ||
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(7) Knows the individual harmed to be an emergency | ||
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(8) Is, or the person battered is, on or about a | ||
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(8.5) Is, or the person battered is, on a publicly or | ||
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(9) Knows the individual harmed to be the driver, | ||
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(10) Knowingly and without legal justification and | ||
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(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom | ||
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(13) Knows the individual harmed to be an employee | ||
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(14) Knows the individual harmed to be a person who | ||
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(15) Knowingly and without legal justification and | ||
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(16) Is, or the person battered is, in any building | ||
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(17) Knows the individual harmed to be an employee | ||
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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.)
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(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.)
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(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 | ||
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(2) if, during the commission of the offense, the | ||
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(3) if, during the commission of the offense, the | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99; 91‑404, eff. 1‑1‑00; 92‑434, eff. 1‑1‑02.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(720 ILCS 5/12‑5.1) (from Ch. 38, par. 12‑5.1)
Sec. 12‑5.1.
Criminal housing management.
(a) A person commits 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.)
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(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.)
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(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.)
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(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 | ||
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(2) the person also conceals or attempts to conceal | ||
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(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 | ||
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(2) Subject any person to physical confinement or | ||
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(3) Commit any criminal offense; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or | ||
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(6) Take action as a public official against anyone | ||
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(7) Bring about or continue a strike, boycott or | ||
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(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to
a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 91‑696, eff. 4‑13‑00.)
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(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.)
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(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 | ||
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(2) the offense is committed with the intent to | ||
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(3) the following conditions are met:
(A) the person knew that the victim was: (i) a | ||
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(B) the offense was committed: (i) while the | ||
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(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is
a Class 2 felony
for which the offender may be sentenced to a term of imprisonment of not less
than 3 years nor more than 14 years.
(c) 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.)
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(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 | ||
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(2) "Family or household members" shall have the | ||
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(c) Sentence. Interfering with the reporting of domestic violence is a
Class A misdemeanor.
(Source: P.A. 90‑118, eff. 1‑1‑98.)
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(720 ILCS 5/12‑6.4) Sec. 12‑6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds. (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.)
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(720 ILCS 5/12‑7) (from Ch. 38, par. 12‑7)
Sec. 12‑7.
Compelling confession or information by force or threat.
(a) A person who, with intent to obtain a confession, statement or
information regarding any offense, 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.)
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(2) in a cemetery, mortuary, or other facility used | ||
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(3) in a school or other educational facility, | ||
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(4) in a public park or an ethnic or religious | ||
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(5) on the real property comprising any location | ||
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(6) on a public way within 1,000 feet of the real | ||
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(b‑10) Upon imposition of any sentence,
the trial
court shall also either order restitution paid to the victim
or impose a fine 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.)
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(720 ILCS 5/12‑7.2) (from Ch. 38, par. 12‑7.2)
Sec. 12‑7.2.
Educational intimidation.
(a) A person commits
educational intimidation when he knowingly interferes with the right of any
child who is or is believed to be afflicted with a chronic infectious
disease to attend or participate in the activities of an elementary or
secondary school in this State:
(1) by actual or threatened physical harm to the person or property of
the child or the child's family; or
(2) by impeding or obstructing the child's right of ingress to, egress
from, or freedom of
movement at school facilities or activities; or
(3) by exposing or threatening to expose the child, or the family or
friends of the child, to public hatred, contempt or ridicule.
(b) Subsection (a) does not apply to the actions of school officials or
the school's infectious disease review team who
are acting within the course of their professional duties and in accordance
with applicable law.
(c) Educational intimidation is a Class C misdemeanor, except that a
second or subsequent offense shall be a Class A misdemeanor.
(d) Independent of any criminal prosecution or the result thereof, any
person suffering injury to his person or damage to his property as a result
of educational intimidation may bring a civil action for damages,
injunction or other appropriate relief. The court may award actual
damages, including damages for emotional distress, or punitive damages. A
judgment may include attorney's fees and costs. The parents or legal
guardians of an unemancipated minor, other than guardians appointed
pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987, shall be liable for the amount of any
judgment for actual damages awarded against such minor under this
subsection (d) in any amount not exceeding the amount provided under
Section of the Parental Responsibility Law.
(Source: P.A. 86‑890.)
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(720 ILCS 5/12‑7.3) (from Ch. 38, par. 12‑7.3)
Sec. 12‑7.3.
Stalking.
(a) A person commits stalking when he or she, knowingly and without
lawful justification, on at least 2 separate occasions follows
another person
or places the person under surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or | ||
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(2) places that person in reasonable apprehension of | ||
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(3) places that person in reasonable apprehension | ||
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(a‑5) A person commits stalking when he or she has previously been
convicted of stalking another person and knowingly and without lawful
justification on one occasion:
(1) follows that same person or places that same | ||
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(2) transmits a threat of immediate or future bodily | ||
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(3) the threat is directed towards that person or a | ||
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(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.)
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(720 ILCS 5/12‑7.4) (from Ch. 38, par. 12‑7.4)
Sec. 12‑7.4.
Aggravated stalking.
(a) A person commits
aggravated stalking when he or she, 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 | ||
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(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.)
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(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 | ||
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(2) places that person or a family member of that | ||
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(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.)
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(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.)
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(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.)
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(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 | ||
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(i) containing a threat that would place the | ||
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(ii) containing a threat that would place the | ||
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(2) the threat was conveyed because of the | ||
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(b) For purposes of this Section:
(1) "Public official" means a person who is elected | ||
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(2) "Immediate family" means a public official's | ||
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(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.)
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"I understand that the oral piercing of the tongue, | ||
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A person who pierces the oral cavity of a person under | ||
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(1.5) Any person who is an owner or employed by a | ||
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(2) Sentence. A violation of clause (a)(1) or (a)(1.5) of | ||
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(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.)
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(2) Intentionally causes any injury, except as | ||
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(3) While armed with a firearm uses force or | ||
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||
(4) Uses force or threatens the imminent use of | ||
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(5) Personally discharges a firearm that proximately | ||
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(6) Commits, against any person or persons within | ||
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||
(b) It is an affirmative defense to a charge of home invasion that
the accused who knowingly enters the dwelling place of another and remains
in 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 | ||
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||
(2) when the accused has overcome the victim by use | ||
|
||
(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 | ||
|
||
(2) commits an act of sexual penetration and the | ||
|
||
(3) commits an act of sexual penetration with a | ||
|
||
(4) commits an act of sexual penetration with a | ||
|
||
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony.
(2) A person who is convicted of the offense of | ||
|
||
(3) A person who is convicted of the offense of | ||
|
||
(4) A second or subsequent conviction for a | ||
|
||
(5) When a person has any such prior conviction, the | ||
|
||
(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 | ||
|
||
(2) the accused caused bodily harm, except as | ||
|
||
(3) the accused acted in such a manner as to | ||
|
||
(4) the criminal sexual assault was perpetrated | ||
|
||
(5) the victim was 60 years of age or over when the | ||
|
||
(6) the victim was a physically handicapped person; | ||
|
||
(7) the accused delivered (by injection, inhalation, | ||
|
||
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm | ||
|
||
(10) the accused, during the commission of the | ||
|
||
(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 | ||
|
||
(2) A person who is convicted of a second or | ||
|
||
(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 | ||
|
||
(1.1) the accused was 17 years of age or over and, | ||
|
||
(1.2) the accused was 17 years of age or over and | ||
|
||
(2) the accused was 17 years of age or over and | ||
|
||
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and | ||
|
||
(b) Sentence.
(1) A person convicted of a violation of subsection | ||
|
||
(1.1) A person convicted of a violation of | ||
|
||
(1.2) A person convicted of predatory criminal | ||
|
||
(2) A person who is convicted of a second or | ||
|
||
(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 | ||
|
||
(2) commits an act of sexual conduct and the accused | ||
|
||
(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 | ||
|
||
(2) the accused caused bodily harm to the victim; or
(3) the victim was 60 years of age or over when the | ||
|
||
(4) the victim was a physically handicapped person; | ||
|
||
(5) the accused acted in such a manner as to | ||
|
||
(6) the criminal sexual abuse was perpetrated during | ||
|
||
(7) the accused delivered (by injection, inhalation, | ||
|
||
(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) | ||
|
||
(2) the accused was under 17 years of age and (i) | ||
|
||
(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.)
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||
(2) An offer to the victim of testing for the | ||
|
||
(3) A disclosure to the victim that all controlled | ||
|
||
(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample | ||
|
||
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 | ||
|
||
(2) "Criminal neglect" means an act whereby a person | ||
|
||
(3) "Neglect" means negligently failing to provide | ||
|
||
(4) "Resident" means a person residing in a long | ||
|
||
(5) "Owner" means the person who owns a long term | ||
|
||
(6) "Licensee" means the individual or entity | ||
|
||
(7) "Facility" or "long term care facility" means a | ||
|
||
(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.)
|
|
||
(2) The removal and use of a human cornea in | ||
|
||
(3) Reimbursement of actual expenses incurred by a | ||
|
||
(4) Payments provided under a plan of insurance or | ||
|
||
(5) Reimbursement of reasonable costs associated with | ||
|
||
(6) Purchase or sale of blood, plasma, blood products | ||
|
||
(7) Purchase or sale of drugs, reagents or other | ||
|
||
(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 | ||
|
||
(2) the removal and use of a human cornea in | ||
|
||
(3) the purchase or sale of drugs, reagents, or | ||
|
||
(4) persons employed by a county medical examiner's | ||
|
||
(5) the acts of a licensed funeral director or | ||
|
||
(6) the acts of emergency medical personnel or | ||
|
||
(7) physicians licensed to practice medicine in all | ||
|
||
(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 | ||
|
||
(2) fails to perform acts that he or she knows or | ||
|
||
(3) abandons the elderly person or person with a | ||
|
||
(4) physically abuses, harasses, intimidates, or | ||
|
||
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 | ||
|
||
(2) "Person with a disability" means a person who | ||
|
||
(3) "Caregiver" means a person who has a duty to | ||
|
||
"Caregiver" shall include:
(A) a parent, spouse, adult child or other | ||
|
||
(B) a person who is employed by the elderly | ||
|
||
(C) a person who has agreed for consideration to | ||
|
||
(D) a person who has been appointed by a private | ||
|
||
"Caregiver" shall not include a long‑term care | ||
|
||
(4) "Abandon" means to desert or knowingly forsake | ||
|
||
(5) "Willful deprivation" has the meaning ascribed | ||
|
||
(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 | ||
|
||
(4) the duration of time in which the child was left | ||
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(5) the condition and location of the place where | ||
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(6) the time of day or night when the child was left | ||
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(7) the weather conditions, including whether the | ||
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(8) the location of the parent, guardian, or other | ||
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(9) whether the child's movement was restricted, or | ||
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(10) whether the child was given a phone number of a | ||
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(11) whether there was food and other provision left | ||
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(12) whether any of the conduct is attributable to | ||
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(13) the age and physical and mental capabilities of | ||
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(14) any other factor that would endanger the health | ||
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(15) whether the child was left under the | ||
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(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 5/12‑22)
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 | ||
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(i) a remedy in a valid order of protection | ||
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(ii) a remedy, which is substantially similar to | ||
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(iii) any other remedy when the act constitutes | ||
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(2) Such violation occurs after the offender has | ||
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An order of protection issued by a state, tribal or territorial
court
related to domestic or family violence shall be deemed valid if the issuing
court had jurisdiction over the parties and matter under the law of the state,
tribe or territory. There shall be a presumption of validity where an order is
certified and appears authentic on its face.
(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 | ||
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(2) With knowledge that another person intends to | ||
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For the purposes of
this Section, "attempts to commit suicide" means any act done with the intent
to
commit suicide and which constitutes a substantial step toward commission of
suicide.
(b) Sentence. Inducement to commit suicide under paragraph (a)(1) when
the other person
commits suicide as a direct result of the coercion is a Class 2 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
commits suicide as a direct result of the assistance provided is a Class 4
felony.
Inducement to commit suicide under paragraph (a)(1) when the other person
attempts to commit
suicide as a direct result of the coercion is a Class 3 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
attempts to commit suicide as a direct result of the assistance provided is a
Class A misdemeanor.
(c) The lawful compliance or a good‑faith attempt at lawful compliance
with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers
of Attorney for Health Care Law is not inducement to commit suicide under
paragraph (a)(2) of this Section.
(Source: P.A. 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, | ||
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(2) forces ingestion, injection or other application | ||
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(3) forces ingestion, or external application, of | ||
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(4) involves the child in a mock, unauthorized or | ||
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(5) places a living child into a coffin or open | ||
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(6) threatens death or serious harm to a child, his | ||
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(7) unlawfully dissects, mutilates, or incinerates a | ||
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(b) The provisions of this Section shall not be construed to apply to:
(1) lawful agricultural, animal husbandry, food | ||
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(2) the lawful medical practice of male circumcision | ||
|
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(3) any state or federally approved, licensed, or | ||
|
||
(4) the ingestion of animal flesh or blood in the | ||
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(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 | ||
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(2) is performed on a person who is in labor or who | ||
|
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(c) Sentence. Female genital mutilation 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 | ||
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(2) Relinquish and permanently forfeit all animals | ||
|
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(3) Undergo a psychological evaluation and | ||
|
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(4) Reimburse the animal shelter or humane society | ||
|
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(g) Nothing in this Section shall be construed to prohibit accepted animal
husbandry practices or accepted veterinary medical practices by a
licensed veterinarian or certified veterinary technician.
(h) If the court has reasonable grounds to believe that a violation
of this Section has occurred, the court may order
the seizure of
all animals involved in the alleged violation as a condition of bond of a
person charged with a violation of this Section.
(i) In this Section:
"Animal" means every creature, either alive or dead, other than a human
being.
"Sexual conduct" means any 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.)
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(2) irrespective of whether the dog has been spayed | ||
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(b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as described in subsection (a), must be microchipped for permanent identification. (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor. (d) It is an affirmative defense to prosecution under this Section that the dog in question is neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the defendant being charged with a violation of this Section. Medical records from, or the certificate of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally examined or operated upon the dog, unambiguously indicating whether the dog in question has been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
(Source: P.A. 94‑818, eff. 1‑1‑07.) |
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