(720 ILCS 5/12‑2) (from Ch. 38, par. 12‑2)
Sec. 12‑2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon, an air rifle as defined in
| the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties; | |
(2) Is hooded, robed or masked in such manner as to |
| conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm; | |
(3) Knows the individual assaulted to be a teacher |
| or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; | |
(4) Knows the individual assaulted to be a |
| supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes; | |
(5) Knows the individual assaulted to be a |
| caseworker, investigator, or other person employed by the Department of Healthcare and Family Services (formerly State Department of Public Aid), a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located; | |
(6) Knows the individual assaulted to be a peace |
| officer, a community policing volunteer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman; | |
(7) Knows the individual assaulted to be an |
| emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties; | |
(8) Knows the individual assaulted to be the driver, |
| operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; | |
(9) Or the individual assaulted is on or about a |
| public way, public property, or public place of accommodation or amusement; | |
(9.5) Is, or the individual assaulted is, in or about |
| a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue; | |
(10) Knows the individual assaulted to be an |
| employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee; | |
(11) Knowingly and without legal justification, |
| commits an assault on a physically handicapped person; | |
(12) Knowingly and without legal justification, |
| commits an assault on a person 60 years of age or older; | |
(13) Discharges a firearm, other than from a motor |
| |
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a |
| correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties; | |
(15) Knows the individual assaulted to be a |
| correctional employee or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while the employee is engaged in the execution of any of his or her official duties, or to prevent the employee from performing his or her official duties, or in retaliation for the employee performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the employee or in the direction of a vehicle occupied by the employee; | |
(16) Knows the individual assaulted to be an |
| employee of a police or sheriff's department, or a person who is employed by a municipality and whose duties include traffic control, engaged in the performance of his or her official duties as such employee; | |
(17) Knows the individual assaulted to be a sports |
| official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor playing field at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. For the purposes of this paragraph (17), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the athletic contest; | |
(18) Knows the individual assaulted to be an |
| emergency management worker, while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the emergency management worker or in the direction of a vehicle occupied by the emergency management worker; or | |
(19) Knows the individual assaulted to be a utility |
| worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties. In this paragraph (19), "utility worker" means a person employed by a public utility as defined in Section 3‑105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3‑119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13‑202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13‑212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative. | |
(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) and (19) 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. Aggravated assault as defined in paragraph (13.5) of subsection (a) is a Class 3 felony.
(c) For the purposes of paragraphs (1) and (6) of subsection (a), "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 95‑236, eff. 1‑1‑08; 95‑292, eff. 8‑20‑07; 95‑331, eff. 8‑21‑07; 95‑429, eff. 1‑1‑08; 95‑591, eff. 9‑10‑07; 95‑876, eff. 8‑21‑08; 96‑201, eff. 8‑10‑09.) |
(720 ILCS 5/12‑4)
Sec. 12‑4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge |
| of a firearm, or uses an air rifle as defined in the Air Rifle Act; |
|
(2) Is hooded, robed or masked, in such manner as to |
|
(3) Knows the individual harmed to be a teacher or |
| other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; |
|
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community |
| policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm; |
|
(7) Knows the individual harmed to be an emergency |
| medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties; |
|
(8) Is, or the person battered is, on or about a |
| public way, public property or public place of accommodation or amusement; |
|
(8.5) Is, or the person battered is, on a publicly or |
| privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue; |
|
(9) Knows the individual harmed to be the driver, |
| operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; |
|
(10) Knows the individual harmed to be an individual |
| of 60 years of age or older; |
|
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom |
| the person intended to harm as a result of the judge's performance of his or her official duties as a judge; |
|
(13) (Blank);
(14) Knows the individual harmed to be a person who |
| is physically handicapped; |
|
(15) Knowingly and without legal justification and by |
| any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code; |
|
(16) Is, or the person battered is, in any building |
| or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act; |
|
(17) (Blank);
(18) Knows the individual harmed to be an officer or |
| employee of the State of Illinois, a unit of local government, or school district engaged in the performance of his or her authorized duties as such officer or employee; |
|
(19) Knows the individual harmed to be an emergency |
| management worker engaged in the performance of any of his or her official duties, or to prevent the emergency management worker from performing official duties, or in retaliation for the emergency management worker performing official duties; |
|
(20) Knows the individual harmed to be a private |
| security officer engaged in the performance of any of his or her official duties, or to prevent the private security officer from performing official duties, or in retaliation for the private security officer performing official duties; or |
|
(21) Knows the individual harmed to be a taxi driver |
| and the battery is committed while the taxi driver is on duty; or |
|
(22) Knows the individual harmed to be a utility |
| worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties. In this paragraph (22), "utility worker" means a person employed by a public utility as defined in Section 3‑105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3‑119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13‑202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13‑212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative. |
|
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.
For the purpose of paragraph (20) of subsection (b) and subsection (e) of this Section, "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(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.
(d‑6) A person commits aggravated battery when he or she, in committing a battery, strangles another individual. For the purposes of this subsection (d‑6), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2), |
| (3), (4), and (5) aggravated battery is a Class 3 felony. |
|
(2) Aggravated battery that does not cause great |
| bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm. |
|
(3) Aggravated battery that causes great bodily harm |
| or permanent disability or disfigurement in violation of subsection (a) is a Class 1 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm. |
|
(4) Aggravated battery under subsection (d‑5) is a |
|
(5) Aggravated battery under subsection (d‑6) is a |
|
(A) the person used or attempted to use a |
| dangerous instrument while committing the offense; or |
|
(B) the person caused great bodily harm or |
| permanent disability or disfigurement to the other person while committing the offense; or |
|
(C) the person has been previously convicted of |
| a violation of subsection (d‑6) under the laws of this State or laws similar to subsection (d‑6) of any other state. |
|
(6) For purposes of this subsection (e), the term |
| "firearm" shall have the meaning provided under Section 1.1 of the Firearms Owners Identification Card Act, and shall not include an air rifle as defined by Section 1 of the Air Rifle Act. |
|
(Source: P.A. 95‑236, eff. 1‑1‑08; 95‑256, eff. 1‑1‑08; 95‑331, eff. 8‑21‑07; 95‑429, eff. 1‑1‑08; 95‑748, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 96‑201, eff. 8‑10‑09; 96‑363, eff. 8‑13‑09; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/12‑7.3) (from Ch. 38, par. 12‑7.3)
Sec. 12‑7.3. Stalking.
(a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to:
(1) fear for his or her safety or the safety of a
| |
(2) suffer other emotional distress.
(a‑3) A person commits stalking when he or she, knowingly |
| and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: | |
(1) at any time transmits a threat of immediate or |
| future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or | |
(2) places that person in reasonable apprehension of |
| immediate or future bodily harm, sexual assault, confinement or restraint; or | |
(3) places that person in reasonable apprehension |
| that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. | |
(a‑5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:
(1) follows that same person or places that same |
| person under surveillance; and | |
(2) transmits a threat of immediate or future bodily |
| harm, sexual assault, confinement or restraint; and | |
(3) the threat is directed towards that person or a |
| family member of that person. | |
(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, |
| including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non‑consensual contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications. | |
(2) "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, electromagnetic, photoelectric, or photo‑optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer. | |
(3) "Emotional distress" means significant mental |
| suffering, anxiety or alarm. | |
(4) "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. | |
(5) "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. | |
(6) "Non‑consensual contact" means any contact with |
| the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim. | |
(7) "Places a person under surveillance" means: (1) |
| 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; or (2) placing an electronic tracking device on the person or the person's property. | |
(8) "Reasonable person" means a person in the |
| |
(9) "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. | |
(d) Exemptions.
(1) This Section does not apply to any individual or |
| organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including 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. | |
(2) This Section does not apply to an exercise of the |
| right to free speech or assembly that is otherwise lawful. | |
(3) Telecommunications carriers, commercial mobile |
| service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. | |
(d‑5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a threat is not a bar to prosecution under this Section.
(Source: P.A. 95‑33, eff. 1‑1‑08; 96‑686, eff. 1‑1‑10.) |
(720 ILCS 5/12‑7.5)
Sec. 12‑7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:
(1) fear for his or her safety or the safety of a |
|
(2) suffer other emotional distress.
(a‑3) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:
(1) at any time transmits a threat of immediate or |
| future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or |
|
(2) places that person or a family member of that |
| person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or |
|
(3) at any time knowingly solicits the commission of |
| an act by any person which would be a violation of this Code directed towards that person or a family member of that person. |
|
(a‑5) A person commits cyberstalking when he or she, |
| knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and: |
|
(1) which communicates a threat of immediate or |
| future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or |
|
(2) which places that person or a family member of |
| that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or |
|
(3) which knowingly solicits the commission of an act |
| by any person which would be a violation of this Code directed towards that person or a family member of that person. |
|
(b) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.
(c) For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, |
| including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non‑consensual contact, or interferes with or damages a person's property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section. |
|
(2) "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, electromagnetic, photoelectric, or photo‑optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer. |
|
(3) "Emotional distress" means significant mental |
| suffering, anxiety or alarm. |
|
(4) "Harass" means to engage in a knowing and willful |
| course of conduct directed at a specific person that alarms, torments, or terrorizes that person. |
|
(5) "Non‑consensual contact" means any contact with |
| the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim. |
|
(6) "Reasonable person" means a person in the |
| victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts. |
|
(7) "Third party" means any person other than the |
| person violating these provisions and the person or persons towards whom the violator's actions are directed. |
|
(d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P.A. 95‑849, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09; 96‑686, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/12‑14) (from Ch. 38, par. 12‑14)
Sec. 12‑14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or
| used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or | |
(2) the accused caused bodily harm, except as |
| provided in subsection (a)(10), to the victim; or | |
(3) the accused acted in such a manner as to |
| threaten or endanger the life of the victim or any other person; or | |
(4) the criminal sexual assault was perpetrated |
| during the course of the commission or attempted commission of any other felony by the accused; or | |
(5) the victim was 60 years of age or over when the |
| offense was committed; or | |
(6) the victim was a physically handicapped person; |
| |
(7) the accused delivered (by injection, inhalation, |
| ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or | |
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm |
| during the commission of the offense; or | |
(10) the accused, during the commission of the |
| offense, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person. | |
(b) The accused commits aggravated criminal sexual assault if the accused was under 17 years of age and (i) commits an act of sexual penetration with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual penetration with a victim who was at least 9 years of age but under 13 years of age when the act was committed and the accused used force or threat of force to commit the act.
(c) The accused commits aggravated criminal sexual assault if he or she commits an act of sexual penetration with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation |
| of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. | |
(2) A person who is convicted of a second or |
| subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. | |
(Source: P.A. 91‑404, eff. 1‑1‑00; 92‑434, eff. 1‑1‑02; 92‑502, eff. 12‑19‑01; 92‑721, eff. 1‑1‑03.) |
(720 ILCS 5/12‑14.1)
Sec. 12‑14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault of a child if:
(1) the accused was 17 years of age or over and
| commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed; or | |
(1.1) the accused was 17 years of age or over and, |
| while armed with a firearm, commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed; or | |
(1.2) the accused was 17 years of age or over and |
| commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and, during the commission of the offense, the accused personally discharged a firearm; or | |
(2) the accused was 17 years of age or over and |
| commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and the accused caused great bodily harm to the victim that: | |
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and |
| commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance. | |
(b) Sentence.
(1) A person convicted of a violation of subsection |
| (a)(1) commits a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A person convicted of a violation of subsection (a)(1.1) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(1.2) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment. | |
(1.1) A person convicted of a violation of |
| subsection (a)(3) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years. | |
(1.2) A person convicted of predatory criminal |
| sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment. | |
(2) A person who is convicted of a second or |
| subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. | |
(Source: P.A. 95‑640, eff. 6‑1‑08.) |
(720 ILCS 5/12‑16) (from Ch. 38, par. 12‑16)
Sec. 12‑16. Aggravated Criminal Sexual Abuse.
(a) The accused commits aggravated criminal sexual abuse if he or she commits criminal sexual abuse as defined in subsection (a) of Section 12‑15 of this Code and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use or used |
| a dangerous weapon or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or | |
(2) the accused caused bodily harm to the victim; or
(3) the victim was 60 years of age or over when the |
| offense was committed; or | |
(4) the victim was a physically handicapped person; |
| |
(5) the accused acted in such a manner as to |
| threaten or endanger the life of the victim or any other person; or | |
(6) the criminal sexual abuse was perpetrated during |
| the course of the commission or attempted commission of any other felony by the accused; or | |
(7) the accused delivered (by injection, inhalation, |
| ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance. | |
(b) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was under 18 years of age when the act was committed and the accused was a family member.
(c) The accused commits aggravated criminal sexual abuse if:
(1) the accused was 17 years of age or over and (i) |
| commits an act of sexual conduct with a victim who was under 13 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 13 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act; or | |
(2) the accused was under 17 years of age and (i) |
| commits an act of sexual conduct with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act. | |
(d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim.
(e) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.
(f) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony.
(Source: P.A. 92‑434, eff. 1‑1‑02.) |
(720 ILCS 5/12‑19) (from Ch. 38, par. 12‑19)
Sec. 12‑19. Abuse and Criminal Neglect of a Long Term Care Facility Resident.
(a) Any person or any owner or licensee of a long term care facility who abuses a long term care facility resident is guilty of a Class 3 felony. Any person or any owner or licensee of a long term care facility who criminally neglects a long term care facility resident is guilty of a Class 4 felony. A person whose criminal neglect of a long term care facility resident results in the resident's death is guilty of a Class 3 felony. However, nothing herein shall be deemed to apply to a physician licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
(b) Notwithstanding the penalties in subsections (a) and (c) and in addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused neglect of a resident, the licensee or owner is guilty of a petty offense. An owner or licensee is guilty under this subsection (b) only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising or providing of staff or other related routine administrative responsibilities.
(c) Notwithstanding the penalties in subsections (a) and (b) and in addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused gross neglect of a resident, the licensee or owner is guilty of a business offense for which a fine of not more than $10,000 may be imposed. An owner or licensee is guilty under this subsection (c) only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising or providing of staff or other related routine administrative responsibilities.
(d) For the purpose of this Section:
(1) "Abuse" means intentionally or knowingly causing |
| any physical or mental injury or committing any sexual offense set forth in this Code. |
|
(2) "Criminal neglect" means an act whereby a person |
| recklessly (i) performs acts that cause an elderly person's or person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre‑existing physical or mental condition will deteriorate, or (ii) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the life or health of an elderly person or person with a disability, and that failure causes the elderly person's or person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre‑existing physical or mental condition will deteriorate, or (iii) abandons an elderly person or person with a disability. |
|
(3) "Neglect" means negligently failing to provide |
| adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a physical or mental condition. |
|
(4) "Resident" means a person residing in a long term |
|
(5) "Owner" means the person who owns a long term |
| care facility as provided under the Nursing Home Care Act, a facility as provided under the MR/DD Community Care Act, or an assisted living or shared housing establishment under the Assisted Living and Shared Housing Act. |
|
(6) "Licensee" means the individual or entity |
| licensed to operate a facility under the Nursing Home Care Act, the MR/DD Community Care Act, or the Assisted Living and Shared Housing Act. |
|
(7) "Facility" or "long term care facility" means a |
| private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5‑21 or 5‑22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act. |
|
(e) Nothing contained in this Section shall be deemed to apply to the medical supervision, regulation or control of the remedial care or treatment of residents in a facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3‑803 of the Nursing Home Care Act or Section 3‑803 of the MR/DD Community Care Act.
(Source: P.A. 96‑339, eff. 7‑1‑10; 96‑1373, eff. 7‑29‑10.) |
(720 ILCS 5/12‑21) (from Ch. 38, par. 12‑21)
(Text of Section before amendment by P.A. 96‑339)
Sec. 12‑21. Criminal abuse or neglect of an elderly person or person with a disability.
(a) A person commits the offense of criminal abuse or neglect of an elderly person or person with a disability when he or she is a caregiver and he or she knowingly:
(1) performs acts that cause the elderly person or
| person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate; or | |
(2) fails to perform acts that he or she knows or |
| reasonably should know are necessary to maintain or preserve the life or health of the elderly person or person with a disability and such failure causes the elderly person or person with a disability's life to be endangered, health to be injured or pre‑existing physical or mental condition to deteriorate; or | |
(3) abandons the elderly person or person with a |
| |
(4) physically abuses, harasses, intimidates, or |
| interferes with the personal liberty of the elderly person or person with a disability or exposes the elderly person or person with a disability to willful deprivation. | |
Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony. Criminal neglect of an elderly person or person with a disability is a Class 2 felony if the criminal neglect results in the death of the person neglected for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age |
| or older who is incapable of adequately providing for his own health and personal care. | |
(2) "Person with a disability" means a person who |
| suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder or congenital condition which renders such person incapable of adequately providing for his own health and personal care. | |
(3) "Caregiver" means a person who has a duty to |
| provide for an elderly person or person with a disability's health and personal care, at such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care and treatment. | |
"Caregiver" shall include:
(A) a parent, spouse, adult child or other |
| relative by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment and knows or reasonably should know that such person is unable to adequately provide for his own health and personal care; | |
(B) a person who is employed by the elderly |
| person or person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; | |
(C) a person who has agreed for consideration to |
| reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; and | |
(D) a person who has been appointed by a private |
| or public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care. | |
"Caregiver" shall not include a long‑term care |
| facility licensed or certified under the Nursing Home Care Act or any administrative, medical or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his profession. | |
(4) "Abandon" means to desert or knowingly forsake |
| an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody. | |
(5) "Willful deprivation" has the meaning ascribed |
| to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986. | |
(c) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his own has been unable to provide such care.
(e) Nothing in this Section shall be construed as prohibiting a person from providing treatment by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.
(f) It is not a defense to criminal abuse or neglect of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
(Source: P.A. 92‑328, eff. 1‑1‑02; 93‑301, eff. 1‑1‑04.)
(Text of Section after amendment by P.A. 96‑339)
Sec. 12‑21. Criminal abuse or neglect of an elderly person or person with a disability.
(a) A person commits the offense of criminal abuse or neglect of an elderly person or person with a disability when he or she is a caregiver and he or she knowingly:
(1) performs acts that cause the elderly person or |
| person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate; or | |
(2) fails to perform acts that he or she knows or |
| reasonably should know are necessary to maintain or preserve the life or health of the elderly person or person with a disability and such failure causes the elderly person or person with a disability's life to be endangered, health to be injured or pre‑existing physical or mental condition to deteriorate; or | |
(3) abandons the elderly person or person with a |
| |
(4) physically abuses, harasses, intimidates, or |
| interferes with the personal liberty of the elderly person or person with a disability or exposes the elderly person or person with a disability to willful deprivation. | |
Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony. Criminal neglect of an elderly person or person with a disability is a Class 2 felony if the criminal neglect results in the death of the person neglected for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age |
| or older who is incapable of adequately providing for his own health and personal care. | |
(2) "Person with a disability" means a person who |
| suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder or congenital condition which renders such person incapable of adequately providing for his own health and personal care. | |
(3) "Caregiver" means a person who has a duty to |
| provide for an elderly person or person with a disability's health and personal care, at such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care and treatment. | |
"Caregiver" shall include:
(A) a parent, spouse, adult child or other |
| relative by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment and knows or reasonably should know that such person is unable to adequately provide for his own health and personal care; | |
(B) a person who is employed by the elderly |
| person or person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; | |
(C) a person who has agreed for consideration to |
| reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; and | |
(D) a person who has been appointed by a private |
| or public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care. | |
"Caregiver" shall not include a long‑term care |
| facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the MR/DD Community Care Act, or any administrative, medical or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his profession. | |
(4) "Abandon" means to desert or knowingly forsake |
| an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody. | |
(5) "Willful deprivation" has the meaning ascribed |
| to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986. | |
(c) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his own has been unable to provide such care.
(e) Nothing in this Section shall be construed as prohibiting a person from providing treatment by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.
(f) It is not a defense to criminal abuse or neglect of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(720 ILCS 5/12‑21.5)
Sec. 12‑21.5. Child Abandonment.
(a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act.
(b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether |
| the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications; | |
(4) the duration of time in which the child was left |
| |
(5) the condition and location of the place where |
| the child was left without supervision; | |
(6) the time of day or night when the child was left |
| |
(7) the weather conditions, including whether the |
| child was left in a location with adequate protection from the natural elements such as adequate heat or light; | |
(8) the location of the parent, guardian, or other |
| person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision; | |
(9) whether the child's movement was restricted, or |
| the child was otherwise locked within a room or other structure; | |
(10) whether the child was given a phone number of a |
| person or location to call in the event of an emergency and whether the child was capable of making an emergency call; | |
(11) whether there was food and other provision left |
| |
(12) whether any of the conduct is attributable to |
| economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child; | |
(13) the age and physical and mental capabilities of |
| the person or persons who provided supervision for the child; | |
(14) any other factor that would endanger the health |
| or safety of that particular child; | |
(15) whether the child was left under the |
| supervision of another person. | |
(d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony.
(Source: P.A. 92‑408, eff. 8‑17‑01; 92‑432, eff. 8‑17‑01.) |
(720 ILCS 5/12‑30) (from Ch. 38, par. 12‑30)
Sec. 12‑30. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she commits an act which was prohibited by |
| a court or fails to commit an act which was ordered by a court in violation of: | |
(i) a remedy in a valid order of protection |
| authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, | |
(ii) a remedy, which is substantially similar to |
| the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory, | |
(iii) any other remedy when the act constitutes |
| a crime against the protected parties as the term protected parties is defined in Section 112A‑4 of the Code of Criminal Procedure of 1963; and | |
(2) Such violation occurs after the offender has |
| been served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order. | |
An order of protection issued by a state, tribal or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe or territory. There shall be a presumption of validity where an order is certified and appears authentic on its face.
(a‑5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign order of protection.
(b) For purposes of this Section, an "order of protection" may have been issued in a criminal or civil proceeding.
(c) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
(d) Violation of an order of protection under subsection (a) of this Section is a Class A misdemeanor. Violation of an order of protection under subsection (a) of this Section is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12‑3.2) or violation of an order of protection (Section 12‑30). Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9‑1), attempt to commit first degree murder (Section 8‑4), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (Section 12‑4.4), aggravated battery of a senior citizen (Section 12‑4.6), stalking (Section 12‑7.3), aggravated stalking (Section 12‑7.4), criminal sexual assault (Section 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 12‑16), unlawful restraint (Section 10‑3), aggravated unlawful restraint (Section 10‑3.1), aggravated arson (Section 20‑1.1), or aggravated discharge of a firearm (Section 24‑1.2), when any of these offenses have been committed against a family or household member as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. The court shall impose a minimum penalty of 24 hours imprisonment for defendant's second or subsequent violation of any order of protection; unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. In addition to any other penalties, the court may order the defendant to pay a fine as authorized under Section 5‑9‑1 of the Unified Code of Corrections or to make restitution to the victim under Section 5‑5‑6 of the Unified Code of Corrections. In addition to any other penalties, including those imposed by Section 5‑9‑1.5 of the Unified Code of Corrections, the court shall impose an additional fine of $20 as authorized by Section 5‑9‑1.11 of the Unified Code of Corrections upon any person convicted of or placed on supervision for a violation of this Section. The additional fine shall be imposed for each violation of this Section.
(e) The limitations placed on law enforcement liability by Section 305 of the Illinois Domestic Violence Act of 1986 apply to actions taken under this Section.
(Source: P.A. 91‑112, eff. 10‑1‑99; 91‑357, eff. 7‑29‑99; 92‑827, eff. 8‑22‑02.) |
(720 ILCS 5/12‑33) (from Ch. 38, par. 12‑33)
Sec. 12‑33. Ritualized abuse of a child.
(a) A person is guilty of ritualized abuse of a child when he or she commits any of the following acts with, upon, or in the presence of a child as part of a ceremony, rite or any similar observance:
(1) actually or in simulation, tortures, mutilates, |
| or sacrifices any warm‑blooded animal or human being; | |
(2) forces ingestion, injection or other application |
| of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity; | |
(3) forces ingestion, or external application, of |
| human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds; | |
(4) involves the child in a mock, unauthorized or |
| unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child; | |
(5) places a living child into a coffin or open |
| grave containing a human corpse or remains; | |
(6) threatens death or serious harm to a child, his |
| or her parents, family, pets, or friends that instills a well‑founded fear in the child that the threat will be carried out; or | |
(7) unlawfully dissects, mutilates, or incinerates a |
| |
(b) The provisions of this Section shall not be construed to apply to:
(1) lawful agricultural, animal husbandry, food |
| preparation, or wild game hunting and fishing practices and specifically the branding or identification of livestock; | |
(2) the lawful medical practice of male circumcision |
| or any ceremony related to male circumcision; | |
(3) any state or federally approved, licensed, or |
| funded research project; or | |
(4) the ingestion of animal flesh or blood in the |
| performance of a religious service or ceremony. | |
(c) Ritualized abuse of a child is a Class 1 felony for a first offense. A second or subsequent conviction for ritualized abuse of a child is a Class X felony for which the offender may be sentenced to a term of natural life imprisonment.
(d) For the purposes of this Section, "child" means any person under 18 years of age.
(Source: P.A. 90‑88, eff. 1‑1‑98.) |
