2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 31 - Interference With Public Officers
(720 ILCS 5/Art. 31 heading) ARTICLE 31. INTERFERENCE WITH PUBLIC OFFICERS
(720 ILCS 5/31‑1)(from Ch. 38, par. 31‑1) Sec. 31‑1. Resisting or obstructing a peace officer or correctional
institution employee. (a) A person who knowingly resists or obstructs the performance by one known
to the person to be a peace officer or correctional institution employee of any
authorized act within his official capacity commits a Class A misdemeanor. (a‑5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service. (a‑7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer is guilty of a Class 4
felony. (b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half‑way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, or a violation of mandatory supervised
release, or awaiting a bail setting hearing or preliminary hearing, or who
are
sexually dangerous persons or who are sexually violent persons. (Source: P.A. 92‑841, eff. 8‑22‑02.)
(720 ILCS 5/31‑1a)(from Ch. 38, par. 31‑1a) Sec. 31‑1a. Disarming a peace officer or correctional institution
employee. A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31‑1,
takes or attempts to take a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 2 felony. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(720 ILCS 5/31‑3)(from Ch. 38, par. 31‑3) Sec. 31‑3. Obstructing service of process. Whoever knowingly resists or obstructs the authorized service or
execution of any civil or criminal process or order of any court commits a
Class B misdemeanor. (Source: P. A. 77‑2638.)
(720 ILCS 5/31‑4)(from Ch. 38, par. 31‑4) Sec. 31‑4. Obstructing justice. A person obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he knowingly commits
any of the following acts: (a) Destroys, alters, conceals or disguises physical evidence, plants
false evidence, furnishes false information; or (b) Induces a witness having knowledge material to the subject at issue
to leave the State or conceal himself; or (c) Possessing knowledge material to the subject at issue, he leaves the
State or conceals himself. (d) Sentence. (1) Obstructing justice is a Class 4 felony, except
as provided in paragraph (2) of this subsection (d).
(2) Obstructing justice in furtherance of streetgang
related or gang‑related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.
(Source: P.A. 90‑363, eff. 1‑1‑98.)
(720 ILCS 5/31‑5)(from Ch. 38, par. 31‑5) Sec. 31‑5. Concealing or aiding a fugitive. Every person not standing in the relation of husband, wife, parent,
child, brother or sister to the offender, who, with intent to prevent the
apprehension of the offender, conceals his knowledge that an offense has
been committed or harbors, aids or conceals the offender, commits a Class 4
felony. (Source: P. A. 77‑2638.)
(720 ILCS 5/31‑6)(from Ch. 38, par. 31‑6) Sec. 31‑6. Escape; failure to report to a penal institution or to report
for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a
felony who intentionally escapes from any penal institution or from the custody
of an employee of that institution commits a Class 2 felony; however, a person
convicted of a felony who knowingly fails to report to a penal institution or
to report for periodic imprisonment at any time or knowingly fails to return
from furlough or from work and day release or who knowingly fails to abide
by the terms of home confinement is guilty of a Class 3 felony. (b) A person convicted of a misdemeanor or charged with the
commission of a misdemeanor who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person convicted
of a misdemeanor who knowingly fails to report to a penal institution or to
report for periodic imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails to abide by
the terms of home confinement is guilty of a Class B misdemeanor. (b‑1) A person committed to the Department of Human Services under the
provisions of the Sexually Violent Persons Commitment Act or in detention with
the Department of Human Services awaiting such a commitment who intentionally
escapes from any secure residential facility or from the custody of an employee
of that facility commits a Class 2 felony. (c) A person in the lawful custody of a peace officer for the alleged
commission of a felony offense and who intentionally escapes from custody
commits a Class 2 felony; however, a person in the lawful custody of a
peace officer for the alleged commission of a misdemeanor offense who
intentionally escapes from custody commits a Class A misdemeanor. (c‑5) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of probation, conditional discharge, parole,
or mandatory supervised release for a felony who intentionally escapes
from custody is guilty of a Class 2 felony. (c‑6) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of supervision, probation, or conditional
discharge for a misdemeanor who intentionally escapes from custody is
guilty of a Class A misdemeanor. (d) A person who violates this Section
while armed with a dangerous weapon commits a Class 1 felony. (Source: P.A. 89‑647, eff. 1‑1‑97; 89‑656, eff. 1‑1‑97; 89‑689, eff.
12‑31‑96; 90‑14, eff. 7‑1‑97; 90‑793, eff. 8‑14‑98.)
(720 ILCS 5/31‑7)(from Ch. 38, par. 31‑7) Sec. 31‑7. Aiding escape. (a) Whoever, with intent to aid any prisoner in
escaping from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits a Class A
misdemeanor. (b) Whoever knowingly aids a person convicted of a felony, or charged
with the commission of a felony in escaping from any penal institution or
from the custody of any employee of that institution commits a Class 2
felony; however, whoever knowingly aids a person convicted of a felony
or charged with the commission of a felony in failing to return from furlough
or from work and day release is guilty of a Class 3 felony. (c) Whoever knowingly aids a person convicted of a misdemeanor or
charged with the commission of a misdemeanor in escaping from any penal
institution or from the custody of an employee of that institution commits
a Class A misdemeanor; however, whoever knowingly aids a person convicted
of a misdemeanor or charged with the commission of a misdemeanor in failing
to return from furlough or from work and day release is guilty of a Class
B misdemeanor. (d) Whoever knowingly aids a person in escaping from any public
institution, other than a penal institution, in which he is lawfully
detained, or from the custody of an employee of that institution, commits a
Class A misdemeanor. (e) Whoever knowingly aids a person in the lawful custody of a peace
officer for the alleged commission of a felony offense in escaping from
custody commits a Class 2 felony; however, whoever knowingly aids a
person in the lawful custody of a peace officer for the alleged commission of
a misdemeanor offense in escaping from custody commits a Class A misdemeanor. (f) An officer or employee of any penal institution who recklessly
permits any prisoner in his custody to escape commits a Class A
misdemeanor. (f‑5) With respect to a person in the lawful custody of a peace
officer for an alleged violation of a term or condition of probation,
conditional discharge, parole, or mandatory supervised release for a felony,
whoever intentionally aids that person to escape from that custody is guilty of
a Class 2 felony. (f‑6) With respect to a person who is in the lawful custody of a peace
officer for an alleged violation of a term or condition of supervision,
probation, or conditional discharge for a misdemeanor, whoever intentionally
aids that person to escape from that custody is guilty of a Class A
misdemeanor. (g) A person who violates this Section while armed with a dangerous weapon
commits a Class 2 felony. (Source: P.A. 89‑656, eff. 1‑1‑97; 89‑689, eff. 12‑31‑96.)
(720 ILCS 5/31‑8)(from Ch. 38, par. 31‑8) Sec. 31‑8. Refusing
to aid an officer. Whoever upon command refuses or knowingly fails reasonably to aid a
person known by him to be a peace officer in: (a) Apprehending a person whom the officer is authorized to apprehend;
or (b) Preventing the commission by another of any offense, commits a petty
offense. (Source: P. A. 77‑2638.)
(720 ILCS 5/31‑9) Sec. 31‑9. Obstructing an emergency management worker. A person who
knowingly obstructs the performance by one known to the person to be an
emergency management worker of any authorized act within his or her official
capacity commits a Class A misdemeanor.
(Source: P.A. 94‑243, eff. 1‑1‑06.)
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