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2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 5/ Criminal Code of 1961.
Part E - Offenses Affecting Governmental Functions


      (720 ILCS 5/Tit. III Pt. E heading)
PART E. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS


      (720 ILCS 5/Art. 30 heading)
ARTICLE 30. TREASON AND RELATED OFFENSES

    (720 ILCS 5/30‑1) (from Ch. 38, par. 30‑1)
    Sec. 30‑1. Treason. (a) A person owing allegiance to this State commits treason when he or she knowingly:
        (1) Levies war against this State; or
        (2) Adheres to the enemies of this State, giving them aid or comfort.
    (b) No person may be convicted of treason except on the testimony of 2 witnesses to the same overt act, or on his confession in open court.
    (c) Sentence. Treason is a Class X felony for which an offender may be sentenced to death under Section 5‑5‑3 of the Unified Code of Corrections.
(Source: P.A. 80‑1099.)

    (720 ILCS 5/30‑2) (from Ch. 38, par. 30‑2)
    Sec. 30‑2. Misprision of treason.
    (a) A person owing allegiance to this State commits misprision of treason when he conceals or withholds his knowledge that another has committed treason against this State.
    (b) Sentence.
    Misprision of treason is a Class 4 felony.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/30‑3) (from Ch. 38, par. 30‑3)
    Sec. 30‑3. Advocating overthrow of Government.
    A person who advocates, or with knowledge of its contents knowingly publishes, sells or distributes any document which advocates or with knowledge of its purpose, knowingly becomes a member of any organization which advocates the overthrow or reformation of the existing form of government of this State by violence or unlawful means commits a Class 3 felony.
(Source: P. A. 77‑2638.)


      (720 ILCS 5/Art. 31 heading)
ARTICLE 31. INTERFERENCE WITH PUBLIC OFFICERS

    (720 ILCS 5/31‑1)(from Ch. 38, par. 31‑1)
    Sec. 31‑1. Resisting or obstructing a peace officer, firefighter, 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, firefighter, 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, firefighter, or correctional institution employee 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, firefighter, or correctional institution employee 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; and "firefighter" means any individual, either as an employee or volunteer, of a regularly constituted fire department of a municipality or fire protection district who performs fire fighting duties, including, but not limited to, the fire chief, assistant fire chief, captain, engineer, driver, ladder person, hose person, pipe person, and any other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
    (c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person.
(Source: P.A. 95‑801, eff. 1‑1‑09.)

    (720 ILCS 5/31‑1a)(from Ch. 38, par. 31‑1a)
    Sec. 31‑1a. Disarming a peace officer or correctional institution employee.
    (a) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31‑1, takes 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 1 felony.
    (b) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31‑1, 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. 96‑348, eff. 8‑12‑09.)

    (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 5/31‑4.5)
    Sec. 31‑4.5. Obstructing identification.
    (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has:
        (1) lawfully arrested the person;
        (2) lawfully detained the person; or
        (3) requested the information from a person that the
     peace officer has good cause to believe is a witness to a criminal offense.
    (b) Sentence. Obstructing identification is a Class A
     misdemeanor.
(Source: P.A. 96‑335, eff. 1‑1‑10.)

    (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, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute 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, or adjudicated delinquent for an act which, if committed by an adult, would constitute 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, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute 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, or adjudicated delinquent for an act which, if committed by an adult, would constitute 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 or an act which, if committed by an adult, would constitute a felony, 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 or an act which, if committed by an adult, would constitute a misdemeanor, 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 or an act which, if committed by an adult, would constitute 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 or an act which, if committed by an adult, would constitute 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. 95‑839, eff. 8‑15‑08; 95‑921, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)

    (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, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute 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, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute 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, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute 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, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute 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 or an act which, if committed by an adult, would constitute a felony, 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 or an act which, if committed by an adult, would constitute a misdemeanor, 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. 95‑839, eff. 8‑15‑08; 95‑921, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)

    (720 ILCS 5/31‑8) (from Ch. 38, par. 31‑8)
    Sec. 31‑8. Refusing to aid an officer.
    Whoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a peace officer in:
    (a) Apprehending a person whom the officer is authorized to apprehend; or
    (b) Preventing the commission by another of any offense, commits a petty offense.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/31‑9)
    Sec. 31‑9. Obstructing an emergency management worker. A person who knowingly obstructs the performance by one known to the person to be an emergency management worker of any authorized act within his or her official capacity commits a Class A misdemeanor.
(Source: P.A. 94‑243, eff. 1‑1‑06.)


      (720 ILCS 5/Art. 31A heading)
ARTICLE 31A. INTERFERENCE WITH PENAL INSTITUTION

    (720 ILCS 5/31A‑1.1)(from Ch. 38, par. 31A‑1.1)
    Sec. 31A‑1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution.
    (a) A person commits the offense of bringing contraband into a penal institution when he knowingly and without authority of any person designated or authorized to grant such authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.
    (b) A person commits the offense of possessing contraband in a penal institution when he possesses contraband in a penal institution, regardless of the intent with which he possesses it.
    (c) For the purposes of this Section, the words and phrases listed below shall be defined as follows:
        (1) "Penal institution" means any penitentiary, State
    farm, reformatory, prison, jail, house of correction, police detention area, half‑way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Act shall not apply to that part of such building unrelated to the incarceration or custody of persons.
        (2) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1‑3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the Cannabis Control Act.
            (iii) "Controlled substance" as such term is
        defined in the Illinois Controlled Substances Act.
            (iii‑a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle,
        or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk,
        billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B‑B gun
            which expels a single globular projectile not exceeding .18 inch in diameter, or;
                (B) any device used exclusively for signaling
            or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
                (C) any device used exclusively for the
            firing of stud cartridges, explosive rivets or industrial ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.
            (vii) "Firearm ammunition" means any
        self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
                (B) any ammunition designed exclusively for
            use with a stud or rivet driver or other similar industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
        bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
        but is not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
        hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
        limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.
    (d) Bringing alcoholic liquor into a penal institution is a Class 4 felony. Possessing alcoholic liquor in a penal institution is a Class 4 felony.
    (e) Bringing cannabis into a penal institution is a Class 3 felony. Possessing cannabis in a penal institution is a Class 3 felony.
    (f) Bringing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Controlled Substance Act into a penal institution is a Class 2 felony. Possessing any amount of a controlled substance classified in Schedule III, IV, or V of Article II of the Controlled Substance Act in a penal institution is a Class 2 felony.
    (g) Bringing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act into a penal institution is a Class 1 felony. Possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act in a penal institution is a Class 1 felony.
    (h) Bringing an item of contraband listed in paragraph (iv) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (iv) of subsection (c)(2) in a penal institution is a Class 1 felony.
    (i) Bringing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) in a penal institution is a Class 1 felony.
    (j) Bringing an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (c)(2) in a penal institution is a Class X felony. Possessing an item of contraband listed in paragraphs (vi), (vii), or (viii) of subsection (c)(2) in a penal institution is a Class X felony.
    (k) It shall be an affirmative defense to subsection (b) hereof, that such possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued pursuant thereto.
    (l) It shall be an affirmative defense to subsection (a)(1) and subsection (b) hereof that the person bringing into or possessing contraband in a penal institution had been arrested, and that that person possessed such contraband at the time of his arrest, and that such contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his arrest.
    (m) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.
(Source: P.A. 96‑1112, eff. 1‑1‑11.)

    (720 ILCS 5/31A‑1.2)(from Ch. 38, par. 31A‑1.2)
    Sec. 31A‑1.2. Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee.
    (a) A person commits the offense of unauthorized bringing of contraband into a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant such authority:
        (1) brings or attempts to bring an item of
     contraband listed in subsection (d)(4) into a penal institution, or
        (2) causes or permits another to bring an item of
     contraband listed in subsection (d)(4) into a penal institution.
    (b) A person commits the offense of unauthorized possession of contraband in a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant such authority possesses contraband listed in subsection (d)(4) in a penal institution, regardless of the intent with which he possesses it.
    (c) A person commits the offense of unauthorized delivery of contraband in a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant such authority:
        (1) delivers or possesses with intent to deliver an
     item of contraband to any inmate of a penal institution, or
        (2) conspires to deliver or solicits the delivery of
     an item of contraband to any inmate of a penal institution, or
        (3) causes or permits the delivery of an item of
     contraband to any inmate of a penal institution, or
        (4) permits another person to attempt to deliver an
     item of contraband to any inmate of a penal institution.
    (d) For purpose of this Section, the words and phrases listed below shall be defined as follows:
        (1) "Penal Institution" shall have the meaning
     ascribed to it in subsection (c)(1) of Section 31A‑1.1 of this Code;
        (2) "Employee" means any elected or appointed
     officer, trustee or employee of a penal institution or of the governing authority of the penal institution, or any person who performs services for the penal institution pursuant to contract with the penal institution or its governing authority.
        (3) "Deliver" or "delivery" means the actual,
     constructive or attempted transfer of possession of an item of contraband, with or without consideration, whether or not there is an agency relationship;
        (4) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined
         in Section 1‑3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
         subsection (a) of Section 3 of the Cannabis Control Act.
            (iii) "Controlled substance" as such term is
         defined in the Illinois Controlled Substances Act.
            (iii‑a) "Methamphetamine" as such term is defined
         in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle,
         or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk,
         billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
            (vi) "Firearm" means any device, by whatever
         name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B‑B
             gun which expels a single globular projectile not exceeding .18 inch in diameter; or
                (B) any device used exclusively for
             signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
                (C) any device used exclusively for the
             firing of stud cartridges, explosive rivets or industrial ammunition; or
                (D) any device which is powered by
             electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.
            (vii) "Firearm ammunition" means any
         self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
             use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
                (B) any ammunition designed exclusively for
             use with a stud or rivet driver or other similar industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
         bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
         but is not limited to, handcuff or security restraint key, tool designed to pick locks, or device or instrument capable of unlocking handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
         hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
         limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment.
    For a violation of subsection (a) or (b) involving a cellular telephone or cellular telephone battery, the defendant must intend to provide the cellular telephone or cellular telephone battery to any inmate in a penal institution, or to use the cellular telephone or cellular telephone battery at the direction of an inmate or for the benefit of any inmate of a penal institution.
    (e) A violation of paragraphs (a) or (b) of this Section involving alcohol is a Class 4 felony. A violation of paragraph (a) or (b) of this Section involving cannabis is a Class 2 felony. A violation of paragraph (a) or (b) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class 1 felony. A violation of paragraph (a) or (b) of this Section involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (a) or (b) involving an item of contraband listed in paragraph (iv) of subsection (d)(4) is a Class X felony. A violation of paragraph (a) or (b) involving an item of contraband listed in paragraph (v) or (xi) of subsection (d)(4) is a Class 1 felony. A violation of paragraph (a) or (b) involving an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a Class X felony.
    (f) A violation of paragraph (c) of this Section involving alcoholic liquor is a Class 3 felony. A violation of paragraph (c) involving cannabis is a Class 1 felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving an item of contraband listed in paragraph (iv) of subsection (d)(4) is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving an item of contraband listed in paragraph (v), (ix) or (x) of subsection (d)(4) is a Class X felony for which the minimum term of imprisonment shall be 10 years. A violation of paragraph (c) involving an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a Class X felony for which the minimum term of imprisonment shall be 12 years.
    (g) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.
    (h) For a violation of subsection (a) or (b) involving items described in clause (i), (v), (vi), (vii), (ix), (x), or (xi) of paragraph (4) of subsection (d), such items shall not be considered to be in a penal institution when they are secured in an employee's locked, private motor vehicle parked on the grounds of a penal institution.
(Source: P.A. 95‑962, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)


      (720 ILCS 5/Art. 32 heading)
ARTICLE 32. INTERFERENCE WITH JUDICIAL PROCEDURE

    (720 ILCS 5/32‑1) (from Ch. 38, par. 32‑1)
    Sec. 32‑1. Compounding a crime.
    (a) A person compounds a crime when he receives or offers to another any consideration for a promise not to prosecute or aid in the prosecution of an offender.
    (b) Sentence. Compounding a crime is a petty offense.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/32‑2) (from Ch. 38, par. 32‑2)
    Sec. 32‑2. Perjury.
    (a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true.
    (b) Proof of Falsity.
    An indictment or information for perjury alleging that the offender, under oath, has made contradictory statements, material to the issue or point in question, in the same or in different proceedings, where such oath or affirmation is required, need not specify which statement is false. At the trial, the prosecution need not establish which statement is false.
    (c) Admission of Falsity.
    Where the contradictory statements are made in the same continuous trial, an admission by the offender in that same continuous trial of the falsity of a contradictory statement shall bar prosecution therefor under any provisions of this Code.
    (d) A person shall be exempt from prosecution under subsection (a) of this Section if he is a peace officer who uses a false or fictitious name in the enforcement of the criminal laws, and such use is approved in writing as provided in Section 10‑1 of "The Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to the use of an assumed name in the conduct or transaction of business in this State", approved July 17, 1941, as amended, or Section 2605‑200 of the Department of State Police Law (20 ILCS 2605/2605‑200). However, this exemption shall not apply to testimony in judicial proceedings where the identity of the peace officer is material to the issue, and he is ordered by the court to disclose his identity.
    (e) Sentence.
    Perjury is a Class 3 felony.
(Source: P.A. 91‑239, eff. 1‑1‑00.)

    (720 ILCS 5/32‑3) (from Ch. 38, par. 32‑3)
    Sec. 32‑3. Subornation of perjury.
    (a) A person commits subornation of perjury when he procures or induces another to make a statement in violation of Section 32‑2 which the person knows to be false.
    (b) Sentence.
    Subornation of perjury is a Class 4 felony.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/32‑4)(from Ch. 38, par. 32‑4)
    Sec. 32‑4. Communicating with jurors and witnesses.
    (a) A person who, with intent to influence any person whom he believes has been summoned as a juror, regarding any matter which is or may be brought before such juror, communicates, directly or indirectly, with such juror otherwise than as authorized by law commits a Class 4 felony.
    (b) A person who, with intent to deter any party or witness from testifying freely, fully and truthfully to any matter pending in any court, or before a Grand Jury, Administrative agency or any other State or local governmental unit, forcibly detains such party or witness, or communicates, directly or indirectly, to such party or witness any knowingly false information or a threat of injury or damage to the property or person of any individual or offers or delivers or threatens to withhold money or another thing of value to any individual commits a Class 3 felony.
    (c) A person who violates the Juror Protection Act commits a Class 4 felony.
(Source: P.A. 94‑186, eff. 1‑1‑06.)

    (720 ILCS 5/32‑4a) (from Ch. 38, par. 32‑4a)
    Sec. 32‑4a. Harassment of representatives for the child, jurors, witnesses and others.
    (a) A person who, with intent to harass or annoy one who has served or is serving or who is a family member of a person who has served or is serving (1) as a juror because of the verdict returned by the jury in a pending legal proceeding or the participation of the juror in the verdict or (2) as a witness, or who may be expected to serve as a witness in a pending legal proceeding, or who was expected to serve as a witness but who did not serve as a witness because the charges against the defendant were dismissed or because the defendant pleaded guilty to the charges against him or her, because of the testimony or potential testimony of the witness or person who may be expected or may have been expected to serve as a witness, communicates directly or indirectly with the juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of a juror or witness or person who may be expected or may have been expected to serve as a witness in such manner as to produce mental anguish or emotional distress or who conveys a threat of injury or damage to the property or person of any juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of the juror or witness or person who may be expected or may have been expected to serve as a witness commits a Class 2 felony.
    (b) A person who, with intent to harass or annoy one who has served or is serving or who is a family member of a person who has served or is serving as a representative for the child, appointed under Section 506 of the Illinois Marriage and Dissolution of Marriage Act or Section 2‑502 of the Code of Civil Procedure, because of the representative service of that capacity, communicates directly or indirectly with the representative or a family member of the representative in such manner as to produce mental anguish or emotional distress or who conveys a threat of injury or damage to the property or person of any representative or a family member of the representative commits a Class A misdemeanor.
    (c) For purposes of this Section, "family member" means a spouse, parent, child, stepchild or other person related by blood or by present marriage, a person who has, or allegedly has a child in common, and a person who shares or allegedly shares a blood relationship through a child.
(Source: P.A. 93‑108, eff. 1‑1‑04; 93‑818, eff. 7‑27‑04.)

    (720 ILCS 5/32‑4b) (from Ch. 38, par. 32‑4b)
    Sec. 32‑4b. A jury commissioner, or any other person acting on behalf of a jury commissioner, who requests, solicits, suggests, or accepts financial compensation or any other form of consideration in exchange for a promise to excuse or for excusing any person from jury duty commits a Class 3 felony.
    In addition to any other penalty provided by law, any jury commissioner convicted under this Section shall forfeit the performance bond required by Section 1 of "An Act in relation to jury commissioners and authorizing judges to appoint such commissioners and to make rules concerning their powers and duties", approved June 15, 1887, as amended, and shall be excluded from further service as a jury commissioner.
(Source: P.A. 84‑1428.)

    (720 ILCS 5/32‑4c)
    Sec. 32‑4c. Witnesses; prohibition on accepting payments before judgment or verdict.
    (a) A person who, after the commencement of a criminal prosecution, has been identified in the criminal discovery process as a person who may be called as a witness in a criminal proceeding shall not accept or receive, directly or indirectly, any payment or benefit in consideration for providing information obtained as a result of witnessing an event or occurrence or having personal knowledge of certain facts in relation to the criminal proceeding.
    (b) A violation of this Section is a Class B misdemeanor for which the court may impose a fine not to exceed 3 times the amount of compensation requested, accepted, or received.
    (c) This Section remains applicable until the judgment of the court in the action if the defendant is tried by the court without a jury or the rendering of the verdict by the jury if the defendant is tried by jury in the action.
    (d) This Section does not apply to any of the following circumstances:
        (1) To the lawful compensation paid to expert
     witnesses, investigators, employees, or agents by a prosecutor, law enforcement agency, or an attorney employed to represent a person in a criminal matter.
        (2) To the lawful compensation or benefits provided
     to an informant by a prosecutor or law enforcement agency.
        (2.5) To the lawful compensation or benefits, or
     both, provided to an informant under a local anti‑crime program, such as Crime Stoppers, We‑Tip, and similar programs designed to solve crimes or that foster the detection of crime and encourage persons through the programs and otherwise to come forward with information about criminal activity.
        (2.6) To the lawful compensation or benefits, or
     both, provided by a private individual to another private individual as a reward for information leading to the arrest and conviction of specified offenders.
        (3) To the lawful compensation paid to a publisher,
     editor, reporter, writer, or other person connected with or employed by a newspaper, magazine, television or radio station or any other publishing or media outlet for disclosing information obtained from another person relating to an offense.
    (e) For purposes of this Section, "publishing or media outlet" means a news gathering organization that sells or distributes news to newspapers, television, or radio stations, or a cable or broadcast television or radio network that disseminates news and information.
    (f) The person referred to in subsection (a) of this Section may receive written notice from counsel for either the prosecution or defense of the fact that he or she has been identified as a person who may be called as a witness in a criminal proceeding and his or her responsibilities and possible penalties under this Section. This Section shall be applicable only if the person referred to in subsection (a) of this Section received the written notice referred to in this subsection (f).
(Source: P.A. 90‑506, eff. 8‑19‑97.)

    (720 ILCS 5/32‑4d)
    Sec. 32‑4d. Payment of jurors by parties prohibited.
    (a) After a verdict has been rendered in a civil or criminal case, a person who was a plaintiff or defendant in the case may not offer or pay an award or other fee to a juror who was a member of the jury that rendered the verdict in the case.
    (b) After a verdict has been rendered in a civil or criminal case, a member of the jury that rendered the verdict may not accept an award or fee from the plaintiff or defendant in that case.
    (c) A violation of this Section is a Class A misdemeanor.
    (d) This Section does not apply to the payment of a fee or award to a person who was a juror for purposes unrelated to the jury's verdict or to the outcome of the case.
(Source: P.A. 91‑879, eff. 1‑1‑01.)

    (720 ILCS 5/32‑4e)
    Sec. 32‑4e. Interfering with the duties of a judicial officer.
    (a) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to a judicial officer or a member of the judicial officer's immediate family with the intent to:
        (1) induce such judicial officer to do, or fail to
     do, any act in violation of the lawful execution of his or her official duties; or
        (2) induce such judicial officer to commit or aid in
     the commission of any fraud, or to collude in, allow, or make available the opportunity for the commission of any fraud on the State of Illinois.
    (b) A person may not give or offer to give benefits,
     promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to court employees and staff with the intent to interfere with the administration of the judicial process.
    (c) Sentence. A person who violates this Section commits a Class 2 felony.
    (d) Definitions. For purposes of this Section:
    "Judicial officer" means a justice, judge, associate
     judge, or magistrate of a court of the United States of America or the State of Illinois.
    "Immediate family" means a judicial officer's spouse or
     children.
(Source: P.A. 95‑1035, eff. 6‑1‑09.)

    (720 ILCS 5/32‑4f)
    Sec. 32‑4f. Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious liens. A person who files or causes to be filed, in any public record or in any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois with knowledge that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, and with the intent of retaliating against that Judge for the performance or non‑performance of an official judicial duty, is guilty of a violation of this Section. A person is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 95‑1035, eff. 6‑1‑09.)

    (720 ILCS 5/32‑5)(from Ch. 38, par. 32‑5)
    Sec. 32‑5. False personation of attorney, judicial, or governmental officials.
    (a) A person who falsely represents himself or herself to be an attorney authorized to practice law for purposes of compensation or consideration commits a Class 4 felony. This subsection (a) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
    (b) A person who falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government commits a Class A misdemeanor. If the false representation is made in furtherance of the commission of a felony, the penalty for a violation of this subsection (b) is a Class 4 felony.
    (c) A person who falsely represents himself or herself to be a public officer or a public employee commits a Class 4 felony if that false representation was for the purpose of effectuating identity theft as defined in Section 16G‑15 of this Code.
(Source: P.A. 94‑985, eff. 1‑1‑07; 95‑324, eff. 1‑1‑08; 95‑625, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08.)

    (720 ILCS 5/32‑5.1)(from Ch. 38, par. 32‑5.1)
    Sec. 32‑5.1. False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself to be a peace officer commits a Class 4 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.1‑1)
    Sec. 32‑5.1‑1. False personation of a peace officer while carrying a deadly weapon. A person who knowingly and falsely represents himself or herself to be a peace officer while carrying a deadly weapon commits a Class 3 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.2)(from Ch. 38, par. 32‑5.2)
    Sec. 32‑5.2. Aggravated False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself to be a peace officer in attempting or committing a felony commits a Class 2 felony. A person who knowingly and falsely represents himself or herself to be a peace officer of any jurisdiction in attempting or committing a forcible felony commits a Class 1 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06; 94‑985, eff. 1‑1‑07; 95‑331, eff. 8‑21‑07.)

    (720 ILCS 5/32‑5.2‑5)
    Sec. 32‑5.2‑5. False law enforcement badges.
    (a) A person who knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge, or in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency, is guilty of a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony.
    (b) It is a defense to a prosecution under this Section that the law enforcement badge is used or is intended to be used exclusively:
        (1) as a memento, or in a collection or exhibit;
        (2) for decorative purposes;
        (3) for a dramatic presentation, such as a
     theatrical, film, or television production.
(Source: P.A. 94‑341, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.3)
    Sec. 32‑5.3. False personation of a parent or legal guardian. A person who falsely represents himself or herself to be the parent, legal guardian or other relation of a minor child to any public official, public employee, or elementary or secondary school employee or administrator commits a Class A misdemeanor.
(Source: P.A. 88‑677, eff. 12‑15‑94.)

    (720 ILCS 5/32‑5.4)
    Sec. 32‑5.4. False personation of a fire fighter. A person who knowingly and falsely represents himself to be a fire fighter of any jurisdiction commits a Class 4 felony.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.4‑1)
    Sec. 32‑5.4‑1. False personation of a fire fighter while carrying a deadly weapon. A person who knowingly and falsely represents himself or herself to be a fire fighter while carrying a deadly weapon commits a Class 3 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.5)
    Sec. 32‑5.5. Aggravated false personation of a fire fighter. A person who knowingly and falsely represents himself or herself to be a fire fighter in attempting or committing a felony commits a Class 2 felony.
(Source: P.A. 94‑323, eff. 1‑1‑06; 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.6)
    Sec. 32‑5.6. False personation of an emergency management worker. A person who knowingly and falsely represents himself to be an emergency management worker of any jurisdiction in this State or of the American Red Cross commits a Class 4 felony. For purposes of this Section, "emergency management worker" shall have the same meaning as provided under Section 2‑6.6 of this Code.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.7)
    Sec. 32‑5.7. Aggravated false personation of an emergency management worker. A person who knowingly and falsely represents himself to be an emergency management worker of any jurisdiction in this State or of the American Red Cross in attempting or committing a felony commits a Class 3 felony. For purposes of this Section, "emergency management worker" shall have the same meaning as provided under Section 2‑6.6 of this Code.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑6) (from Ch. 38, par. 32‑6)
    Sec. 32‑6. Performance of unauthorized acts.
    A person who performs any of the following acts, knowing that his performance is not authorized by law, commits a Class 4 felony:
    (a) Conducts a marriage ceremony; or
    (b) Acknowledges the execution of any document which by law may be recorded; or
    (c) Becomes a surety for any party in any civil or criminal proceeding, before any court or public officer authorized to accept such surety.
(Source: P. A. 77‑2638)

    (720 ILCS 5/32‑7) (from Ch. 38, par. 32‑7)
    Sec. 32‑7. Simulating legal process.
    A person who issues or delivers any document which he knows falsely purports to be or simulates any civil or criminal process commits a Class B misdemeanor.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/32‑8)(from Ch. 38, par. 32‑8)
    Sec. 32‑8. Tampering with public records.
    (a) A person who knowingly and without lawful authority alters, destroys, defaces, removes or conceals any public record commits a Class 4 felony.
    (b) "Public record" expressly includes, but is not limited to, court records pertaining to any civil or criminal proceeding in any court.
    (c) Any judge, circuit clerk or clerk of court, public official or employee, court reporter, or other person who knowingly and without lawful authority alters, destroys, defaces, removes, or conceals any public record received or held by any judge or by a clerk of any court commits a Class 3 felony.
    (d) Any person convicted under subsection (c):
        (1) shall forfeit his or her public office or public
    employment, if any, and shall thereafter be ineligible for both State and local public office and public employment in this State for a period of 5 years after completion of any term of probation, conditional discharge, or mandatory supervised release;
        (2) shall forfeit all retirement, pension, and other
    benefits arising out of public office or public employment in accordance with the applicable provisions of the Illinois Pension Code;
        (3) shall be subject to termination of any
    professional licensure or registration in this State in accordance with the provisions of the applicable professional licensing or registration laws;
        (4) may be ordered by the court, after a hearing in
    accordance with applicable law and in addition to any other penalty or fine imposed by the court, to forfeit to the State an amount equal to any financial gain or the value of any advantage realized by the person as a result of the offense; and
        (5) may be ordered by the court, after a hearing in
    accordance with applicable law and in addition to any other penalty or fine imposed by the court, to pay restitution to the victim in an amount equal to any financial loss or the value of any advantage lost by the victim as a result of the offense.
    For the purposes of this subsection (d), an offense under subsection (c) committed by a person holding public office or public employment shall be rebuttably presumed to relate to or arise out of or in connection with that public office or public employment.
    (e) Any party having an interest in the protection and integrity of any court record, whether such party be a public official or a private individual, shall have the right to request and, if necessary, to demand that an investigation be opened into the alteration, destruction, defacement, removal, or concealment of any public record. Such request may be made to any law enforcement agency, including, but not limited to, local law enforcement and the State Police.
    (f) When the local law enforcement agency having jurisdiction declines to investigate, or inadequately investigates, a violation of subsection (c), the State Police shall have the authority to investigate, and shall investigate, the same, without regard to whether such local law enforcement agency has requested the State Police to do so.
    (g) When the State's Attorney having jurisdiction declines to prosecute a violation of subsection (c), the Attorney General shall have the authority to prosecute the same, without regard to whether such State's Attorney has requested the Attorney General to do so.
    (h) Prosecution of a violation of subsection (c) shall be commenced within 3 years after the act constituting the violation is discovered or reasonably should have been discovered.
(Source: P.A. 96‑1217, eff. 1‑1‑11.)

    (720 ILCS 5/32‑9) (from Ch. 38, par. 32‑9)
    Sec. 32‑9. Tampering with public notice.
    A person who knowingly and without lawful authority alters, destroys, defaces, removes or conceals any public notice, posted according to law, during the time for which the notice was to remain posted, commits a petty offense.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/32‑10) (from Ch. 38, par. 32‑10)
    Sec. 32‑10. Violation of bail bond.
    (a) Whoever, having been admitted to bail for appearance before any court of this State, incurs a forfeiture of the bail and willfully fails to surrender himself within 30 days following the date of such forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony; or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the next lower Class, but not less than a Class C misdemeanor.
    (a‑5) Any person who violates a condition of bail bond by possessing a firearm in violation of his or her conditions of bail commits a Class 4 felony for a first violation and a Class 3 felony for a second violation.
    (b) Whoever, having been admitted to bail for appearance before any court of this State, while charged with a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, knowingly violates a condition of that release as set forth in Section 110‑10, subsection (d) of the Code of Criminal Procedure of 1963, commits a Class A misdemeanor.
    (c) Whoever, having been admitted to bail for appearance before any court of this State for a felony, Class A misdemeanor or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, is charged with any other felony, Class A misdemeanor, or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963 while on such release, must appear before the court before bail is statutorily set.
    (d) Nothing in this Section shall interfere with or prevent the exercise by any court of its power to punishment for contempt. Any sentence imposed for violation of this Section shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted.
(Source: P.A. 91‑696, eff. 4‑13‑00.)

    (720 ILCS 5/32‑11)
    Sec. 32‑11. Barratry. If a person wickedly and willfully excites and stirs up actions or quarrels between the people of this State with a view to promote strife and contention, he or she is guilty of the petty offense of common barratry; and if he or she is an attorney at law, he or she shall be suspended from the practice of his or her profession, for any time not exceeding 6 months.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (720 ILCS 5/32‑12)
    Sec. 32‑12. Maintenance. If a person officiously intermeddles in an action that in no way belongs to or concerns that person, by maintaining or assisting either party, with money or otherwise, to prosecute or defend the action, with a view to promote litigation, he or she is guilty of maintenance and upon conviction shall be fined and punished as in cases of common barratry. It is not maintenance for a person to maintain the action of his or her relative or servant, or a poor person out of charity.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (720 ILCS 5/32‑13)
    Sec. 32‑13. Unlawful clouding of title.
    (a) Any person who intentionally records or files or causes to be recorded or filed any document in the office of the recorder or registrar of titles of any county of this State that is a cloud on the title of land in this State, knowing that the theory upon which the purported cloud on title is based is not recognized as a legitimate legal theory by the courts of this State or of the United States, commits the offense of unlawful clouding of title.
    (b) Unlawful clouding of title is a Class A misdemeanor.
    (c) In addition to any other sentence that may be imposed, the court shall order any person convicted of a violation of this Section, or placed on supervision for a violation of this Section, to execute a release of the purported cloud on title as may be requested by or on behalf of any person whose property is encumbered or potentially encumbered by the document filed. Irrespective of whether or not a person charged under this Section is convicted of the offense of unlawful clouding of title, when the evidence demonstrates that, as a matter of law, the cloud on title is not a type of cloud recognized or authorized by the courts of this State or the United States, the court shall forthwith direct the recorder or registrar of titles to expunge the cloud.
    (c‑5) This Section does not apply to an attorney licensed to practice law in this State who in good faith files a lien on behalf of his or her client and who in good faith believes that the validity of the lien is supported by statutory law, by a decision of a court of law, or by a good faith argument for an extension, modification, or reversal of existing court decisions relating to the validity of the lien.
    (d) For purposes of this Section, "cloud on title" or "cloud on the title" means an outstanding claim or encumbrance that, if valid, would affect or impair the title of the owner of an estate in land and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to that estate.
(Source: P.A. 89‑682, eff. 1‑1‑97.)

    (720 ILCS 5/32‑14)
    Sec. 32‑14. Unlawful manipulation of a judicial sale.
    (a) A person commits the offense of unlawful manipulation of a judicial sale when he or she knowingly and by any means makes any contract with or engages in any combination or conspiracy with any other person who is, or but for a prior agreement is, a competitor of such person for the purpose of or with the effect of fixing, controlling, limiting, or otherwise manipulating (1) the participation of any person in, or (2) the making of bids, at any judicial sale.
    (b) Penalties. Unlawful manipulation of a judicial sale is a Class 3 felony. A mandatory fine shall be imposed for a violation, not to exceed $1,000,000 if the violator is a corporation, or, if the violator is any other person, $100,000. A second or subsequent violation is a Class 2 felony.
    (c) Injunctive and other relief. The State's Attorney shall bring suit in the circuit court to prevent and restrain violations of subsection (a). In such a proceeding, the court shall determine whether a violation has been committed, and shall enter such judgment as it considers necessary to remove the effects of any violation which it finds, and to prevent such violation from continuing or from being renewed in the future. The court, in its discretion, may exercise all powers necessary for this purpose, including, but not limited to, injunction and divestiture of property.
    (d) Private right of action. Any person who has been injured by a violation of subsection (a) may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation. If, in an action for an injunction, the court issues an injunction, the plaintiff shall be awarded costs and reasonable attorney's fees. In an action for damages, the person injured shall be awarded 3 times the amount of actual damages. This State, counties, municipalities, townships, and any political subdivision organized under the authority of this State, and the United States, are considered a person having standing to bring an action under this subsection. Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued. In any action for damages under this subsection, the court may, in its discretion, award reasonable fees to the prevailing defendant upon a finding that the plaintiff acted in bad faith, vexatiously, wantonly, or for oppressive reasons.
    (e) Exclusion from subsequent judicial sales. Any person convicted of a violation of subsection (a) or any similar offense of any state or the United States shall be barred for 5 years from the date of conviction from participating as a bidding entity in any judicial sale. No corporation shall be barred from participating in a judicial sale as a result of a conviction under subsection (a) of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) it demonstrates to the circuit court conducting such judicial sale and the court so finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5‑4 of this Code.
    (f) Definitions. As used in this Section, unless the context otherwise requires:
    "Judicial sale" means any sale of real or personal
     property in accordance with a court order, including, but not limited to, judicial sales conducted pursuant to Section 15‑1507 of the Code of Civil Procedure, sales ordered to satisfy judgments under Article XII of the Code of Civil Procedure, and enforcements of delinquent property taxes under Article XXI of the Property Tax Code.
    "Person" means any natural person, or any corporation,
     partnership, or association of persons.
(Source: P.A. 96‑408, eff. 8‑13‑09.)


      (720 ILCS 5/Art. 33 heading)
ARTICLE 33. OFFICIAL MISCONDUCT

    (720 ILCS 5/33‑1) (from Ch. 38, par. 33‑1)
    Sec. 33‑1. Bribery.) A person commits bribery when:
    (a) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he promises or tenders to that person any property or personal advantage which he is not authorized by law to accept; or
    (b) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he promises or tenders to one whom he believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or
    (c) With intent to cause any person to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he promises or tenders to that person any property or personal advantage which he is not authorized by law to accept; or
    (d) He receives, retains or agrees to accept any property or personal advantage which he is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to cause him to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or
    (e) He solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.
    (f) Sentence.
    Bribery is a Class 2 felony.
(Source: P.A. 84‑761.)

    (720 ILCS 5/33‑2) (from Ch. 38, par. 33‑2)
    Sec. 33‑2. Failure to report a bribe. Any public officer, public employee or juror who fails to report forthwith to the local State's Attorney, or in the case of a State employee to the Department of State Police, any offer made to him in violation of Section 33‑1 commits a Class A misdemeanor.
    In the case of a State employee, the making of such report to the Department of State Police shall discharge such employee from any further duty under this Section. Upon receiving any such report, the Department of State Police shall forthwith transmit a copy thereof to the appropriate State's Attorney.
(Source: P.A. 84‑25.)

    (720 ILCS 5/33‑3)(from Ch. 38, par. 33‑3)
    Sec. 33‑3. Official Misconduct.) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts:
        (a) Intentionally or recklessly fails to perform any
     mandatory duty as required by law; or
        (b) Knowingly performs an act which he knows he is
     forbidden by law to perform; or
        (c) With intent to obtain a personal advantage for
     himself or another, he performs an act in excess of his lawful authority; or
        (d) Solicits or knowingly accepts for the performance
     of any act a fee or reward which he knows is not authorized by law.
    A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony.
    For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A‑101 of the Illinois Governmental Ethics Act.
(Source: P.A. 94‑338, eff. 1‑1‑06.)

    (720 ILCS 5/33‑3.1)
    Sec. 33‑3.1. Solicitation misconduct (State government).
    (a) An employee of an executive branch constitutional officer commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9‑1.4 of the Election Code, from a person engaged in a business or activity over which the person has regulatory authority.
    (b) For the purpose of this Section, "employee of an executive branch constitutional officer" means a full‑time or part‑time salaried employee, full‑time or part‑time salaried appointee, or any contractual employee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of an executive branch constitutional officer; and "regulatory authority" means having the responsibility to investigate, inspect, license, or enforce regulatory measures necessary to the requirements of any State or federal statute or regulation relating to the business or activity.
    (c) An employee of an executive branch constitutional officer, including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of an executive branch constitutional officer who does have regulatory authority to solicit or receive contributions in violation of this Section.
    (d) Solicitation misconduct (State government) is a Class A misdemeanor. An employee of an executive branch constitutional officer convicted of committing solicitation misconduct (State government) forfeits his or her employment.
    (e) An employee of an executive branch constitutional officer who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole.
    (f) Any person who knowingly makes a false report of solicitation misconduct (State government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor.
(Source: P.A. 92‑853, eff. 8‑28‑02.)

    (720 ILCS 5/33‑3.2)
    Sec. 33‑3.2. Solicitation misconduct (local government).
    (a) An employee of a chief executive officer of a local government commits solicitation misconduct (local government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9‑1.4 of the Election Code, from a person engaged in a business or activity over which the person has regulatory authority.
    (b) For the purpose of this Section, "chief executive officer of a local government" means an executive officer of a county, township or municipal government or any administrative subdivision under jurisdiction of the county, township, or municipal government including but not limited to: chairman or president of a county board or commission, mayor or village president, township supervisor, county executive, municipal manager, assessor, auditor, clerk, coroner, recorder, sheriff or State's Attorney; "employee of a chief executive officer of a local government" means a full‑time or part‑time salaried employee, full‑time or part‑time salaried appointee, or any contractual employee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of a chief executive officer of a local government; and "regulatory authority" means having the responsibility to investigate, inspect, license, or enforce regulatory measures necessary to the requirements of any State, local, or federal statute or regulation relating to the business or activity.
    (c) An employee of a chief executive officer of a local government, including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of a chief executive officer of a local government who does have regulatory authority to solicit or receive contributions in violation of this Section.
    (d) Solicitation misconduct (local government) is a Class A misdemeanor. An employee of a chief executive officer of a local government convicted of committing solicitation misconduct (local government) forfeits his or her employment.
    (e) An employee of a chief executive officer of a local government who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole.
    (f) Any person who knowingly makes a false report of solicitation misconduct (local government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor.
(Source: P.A. 92‑853, eff. 8‑28‑02.)

    (720 ILCS 5/33‑4)
    Sec. 33‑4. Peace officer or correctional officer; gang‑related activity prohibited.
    (a) It is unlawful for a peace officer or correctional officer to knowingly commit any act in furtherance of gang‑related activities, except when acting in furtherance of an undercover law enforcement investigation.
    (b) In this Section, "gang‑related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    (c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90‑131, eff. 1‑1‑98.)

    (720 ILCS 5/33‑5)
    Sec. 33‑5. Preservation of evidence.
    (a) It is unlawful for a law enforcement agency or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a) of Section 116‑4 of the Code of Criminal Procedure of 1963.
    (b) Sentence. A person who violates this Section is guilty of a Class 4 felony.
    (c) For purposes of this Section, "law enforcement agency" has the meaning ascribed to it in subsection (e) of Section 116‑4 of the Code of Criminal Procedure of 1963.
(Source: P.A. 91‑871, eff. 1‑1‑01; 92‑459, eff. 8‑22‑01.)

    (720 ILCS 5/33‑6)
    Sec. 33‑6. Bribery to obtain driving privileges.
    (a) A person commits the offense of bribery to obtain driving privileges when:
        (1) with intent to influence any act related to the
    issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or
        (2) with intent to cause any person to influence any
    act related to the issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or
        (3) as an employee of the Illinois Secretary of
    State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage that he or she is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to influence the performance of any act related to the issuance of any driver's license or permit; or
        (4) as an employee of the Illinois Secretary of
    State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the issuance of any driver's license or permit.
    (b) Sentence. Bribery to obtain driving privileges is a
    Class 2 felony.
(Source: P.A. 96‑740, eff. 1‑1‑10; 96‑962, eff. 7‑2‑10.)

    (720 ILCS 5/33‑7)
    Sec. 33‑7. Public contractor misconduct.
    (a) A public contractor; a person seeking a public contract on behalf of himself, herself, or another; an employee of a public contractor; or a person seeking a public contract on behalf of himself, herself, or another commits public contractor misconduct when, in the performance of, or in connection with, a contract with the State, a unit of local government, or a school district or in obtaining or seeking to obtain such a contract he or she commits any of the following acts:
        (1) intentionally or knowingly makes, uses, or causes
     to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property;
        (2) knowingly performs an act that he or she knows he
     or she is forbidden by law to perform;
        (3) with intent to obtain a personal advantage for
     himself, herself, or another, he or she performs an act in excess of his or her contractual responsibility;
        (4) solicits or knowingly accepts for the performance
     of any act a fee or reward that he or she knows is not authorized by law; or
        (5) knowingly or intentionally seeks or receives
     compensation or reimbursement for goods and services he or she purported to deliver or render, but failed to do so pursuant to the terms of the contract, to the unit of State or local government or school district.
    (b) Sentence. Any person who violates this Section
     commits a Class 3 felony. Any person convicted of this offense or a similar offense in any state of the United States which contains the same elements of this offense shall be barred for 10 years from the date of conviction from contracting with, employment by, or holding public office with the State or any unit of local government or school district. No corporation shall be barred as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and (1) it has been finally adjudicated not guilty or (2) it demonstrates to the government entity with which it seeks to contract, and that entity finds, that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or high managerial agent on behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5‑4 of this Code.
    (c) The Attorney General or the State's Attorney in the
     county where the principal office of the unit of local government or school district is located may bring a civil action on behalf of any unit of State or local government to recover a civil penalty from any person who knowingly engages in conduct which violates subsection (a) of this Section in treble the amount of the monetary cost to the unit of State or local government or school district involved in the violation. The Attorney General or State's Attorney shall be entitled to recover reasonable attorney's fees as part of the costs assessed to the defendant. This subsection (c) shall in no way limit the ability of any unit of State or local government or school district to recover moneys or damages regarding public contracts under any other law or ordinance. A civil action shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the conduct establishing the cause of action occurred or (2) the date on which the unit of State or local government or school district knew or should have known that the conduct establishing the cause of action occurred.
    (d) This amendatory Act of the 96th General Assembly shall not be construed to create a private right of action.
(Source: P.A. 96‑575, eff. 8‑18‑09.)

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