ILCS Ch. 720, ACT 5, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. I, Art. 1, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-1
Formerly cited as IL ST CH 38 ¶ 1-1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-1. Short Title
§ 1-1. Short title.
This Act may be cited as the Criminal Code of 2012.
CREDIT(S)
Laws 1961, p. 1983, § 1-1, eff. Jan. 1, 1962. Amended by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-2
Formerly cited as IL ST CH 38 ¶ 1-2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-2. General Purposes
§ 1-2. General Purposes. The provisions of this Code shall be construed in accordance with the general purposes hereof, to:
(a) Forbid and prevent the commission of offenses;
(b) Define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault;
(c) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders;
(d) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
CREDIT(S)
Laws 1961, p. 1983, § 1-2, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-3
Formerly cited as IL ST CH 38 ¶ 1-3
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-3. Applicability of Common Law
§ 1-3. Applicability of Common Law. No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or civil judgment.
CREDIT(S)
Laws 1961, p. 1983, § 1-3, eff. Jan. 1, 1962. Amended by P.A. 79-1360, § 24, eff. Oct. 1, 1976.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-4
Formerly cited as IL ST CH 38 ¶ 1-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-4. Civil Remedies Preserved
§ 1-4. Civil Remedies Preserved. This Code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, for any conduct which this Code makes punishable; and the civil injury is not merged in the offense.
CREDIT(S)
Laws 1961, p. 1983, § 1-4, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-5
Formerly cited as IL ST CH 38 ¶ 1-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-5. State criminal jurisdiction
§ 1-5. State criminal jurisdiction.
(a) A person is subject to prosecution in this State for an offense which he commits, while either within or outside the State, by his own conduct or that of another for which he is legally accountable, if:
(1) the offense is committed either wholly or partly within the State; or
(2) the conduct outside the State constitutes an attempt to commit an offense within the State; or
(3) the conduct outside the State constitutes a conspiracy to commit an offense within the State, and an act in furtherance of the conspiracy occurs in the State; or
(4) the conduct within the State constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this State and such other jurisdiction.
(b) An offense is committed partly within this State, if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State. In a prosecution pursuant to paragraph (3) of subsection (a) of Section 9-1, the attempt or commission of a forcible felony other than second degree murder within this State is conduct which is an element of the offense for which a person is subject to prosecution in this State. In homicide, the "result" is either the physical contact which causes death, or the death itself; and if the body of a homicide victim is found within the State, the death is presumed to have occurred within the State.
(c) An offense which is based on an omission to perform a duty imposed by the law of this State is committed within the State, regardless of the location of the offender at the time of the omission.
CREDIT(S)
Laws 1961, p. 1983, § 1-5, eff. Jan. 1, 1962. Amended by P.A. 85-740, § 1, eff. Jan. 1, 1988; P.A. 91-357, § 237, eff. July 29, 1999.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-6
Formerly cited as IL ST CH 38 ¶ 1-6
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-6. Place of trial
§ 1-6. Place of trial.
(a) Generally.
Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law. The State is not required to prove during trial that the alleged offense occurred in any particular county in this State. When a defendant contests the place of trial under this Section, all proceedings regarding this issue shall be conducted under Section 114-1 of the Code of Criminal Procedure of 1963. [FN1] All objections of improper place of trial are waived by a defendant unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of another is located in one county and his victim is located in another county at the time of the commission of the offense, trial may be had in either of said counties.
(c) Death and Cause of Death in Different Places or Undetermined.
If cause of death is inflicted in one county and death ensues in another county, the offender may be tried in either county. If neither the county in which the cause of death was inflicted nor the county in which death ensued are known before trial, the offender may be tried in the county where the body was found.
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the State is consummated within this State, the offender shall be tried in the county where the offense is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters bordering on this State, the offender may be tried in any county adjacent to such navigable water.
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle, watercraft or aircraft passing within this State, and it cannot readily be determined in which county the offense was committed, the offender may be tried in any county through which such railroad car, vehicle, watercraft or aircraft has passed.
(g) Theft.
A person who commits theft of property may be tried in any county in which he exerted control over such property.
(h) Bigamy.
A person who commits the offense of bigamy may be tried in any county where the bigamous marriage or bigamous cohabitation has occurred.
(i) Kidnaping.
A person who commits the offense of kidnaping may be tried in any county in which his victim has traveled or has been confined during the course of the offense.
(j) Pandering.
A person who commits the offense of pandering as set forth in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be tried in any county in which the prostitution was practiced or in any county in which any act in furtherance of the offense shall have been committed.
(k) Treason.
A person who commits the offense of treason may be tried in any county.
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in one county and is received or circulated in another or other counties, the offender shall be tried in the county where the defamation is spoken, printed or written. If the defamation is spoken, printed or written outside this state, or the offender resides outside this state, the offender may be tried in any county in this state in which the defamation was circulated or received.
(m) Inchoate Offenses.
A person who commits an inchoate offense may be tried in any county in which any act which is an element of the offense, including the agreement in conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets, agrees, or attempts to aid another in the planning or commission of an offense in another county, he may be tried for the offense in either county.
(o) Child Abduction.
A person who commits the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense. Notwithstanding the foregoing, unless for good cause shown, the preferred place of trial shall be the county of the residence of the lawful custodian.
(p) A person who commits the offense of narcotics racketeering may be tried in any county where cannabis or a controlled substance which is the basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; any money, property, property interest, or any other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or, any enterprise interest obtained as a result of narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.
(q) A person who commits the offense of money laundering may be tried in any county where any part of a financial transaction in criminally derived property took place or in any county where any money or monetary instrument which is the basis for the offense was acquired, used, sold, transferred or distributed to, from or through.
(r) A person who commits the offense of cannabis trafficking or controlled substance trafficking may be tried in any county.
(s) A person who commits the offense of online sale of stolen property, online theft by deception, or electronic fencing may be tried in any county where any one or more elements of the offense took place, regardless of whether the element of the offense was the result of acts by the accused, the victim or by another person, and regardless of whether the defendant was ever physically present within the boundaries of the county.
(t) A person who commits the offense of identity theft or aggravated identity theft may be tried in any one of the following counties in which: (1) the offense occurred; (2) the information used to commit the offense was illegally used; or (3) the victim resides.
If a person is charged with more than one violation of identity theft or aggravated identity theft and those violations may be tried in more than one county, any of those counties is a proper venue for all of the violations.
CREDIT(S)
Laws 1961, p. 1983, § 1-6, eff. Jan. 1, 1962. Amended by P.A. 82-538, § 1, eff. Jan. 1, 1982; P.A. 84-1426, Art. III, § 1, eff. Sept. 24, 1986; P.A. 87-466, § 12, eff. Jan. 1, 1992; P.A. 89-288, § 5, eff. Aug. 11, 1995; P.A. 94-51, § 5, eff. Jan. 1, 2006; P.A. 94-179, § 5, eff. July 12, 2005; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-6.
[FN1] 725 ILCS 5/114-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-7
Formerly cited as IL ST CH 38 ¶ 1-7
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-7. §1-7. Repealed by P.A. 77-2097, § 8-5-1, eff. Jan. 1, 1973
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/1-8
Formerly cited as IL ST CH 38 ¶ 1-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 1. Title and Construction of Act; State Jurisdiction (Refs & Annos)
5/1-8. Order of protection; status
§ 1-8. Order of protection; status. Whenever relief sought under this Code is based on allegations of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, [FN1] the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a respondent or a protected person.
CREDIT(S)
Laws 1961, p. 1983, § 1-8, added by P.A. 87-743, § 2, eff. Sept. 26, 1991.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 1-8.
[FN1] 750 ILCS 60/101 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-0.5
Formerly cited as IL ST CH 38 ¶ 2-.5
Effective: August 21, 2007
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-0.5. Definitions
§ 2-0.5. Definitions. For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
CREDIT(S)
Laws 1961, p. 1983, Art. 2, § 2-.5, eff. Jan. 1, 1962. Renumbered as § 2-0.5 by P.A. 95-331, § 1030, eff. Aug. 21, 2007.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-.5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-.5
Formerly cited as IL ST CH 38 ¶ 2-.5
Effective: August 21, 2007
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-.5. § 2-.5. Renumbered as § 2-0.5 by Acts 2007, No. 331, § 1030, effective August 21, 2007
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-1
Formerly cited as IL ST CH 38 ¶ 2-1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-1. "Acquittal"
§ 2-1. "Acquittal". "Acquittal" means a verdict or finding of not guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
CREDIT(S)
Laws 1961, p. 1983, § 2-1, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-2
Formerly cited as IL ST CH 38 ¶ 2-2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-2. "Act"
§ 2-2. "Act". "Act" includes a failure or omission to take action.
CREDIT(S)
Laws 1961, p. 1983, § 2-2, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-3
Formerly cited as IL ST CH 38 ¶ 2-3
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-3. "Another"
§ 2-3. "Another". "Another" means a person or persons as defined in this Code other than the offender.
CREDIT(S)
Laws 1961, p. 1983, § 2-3, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-3.5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-3.5. "Community policing volunteer"
§ 2-3.5. "Community policing volunteer" means a person who is summoned or directed by a peace officer or any person actively participating in a community policing program and who is engaged in lawful conduct intended to assist any unit of government in enforcing any criminal or civil law. For the purpose of this Section, "community policing program" means any plan, system or strategy established by and conducted under the auspices of a law enforcement agency in which citizens participate with and are guided by the law enforcement agency and work with members of that agency to reduce or prevent crime within a defined geographic area.
CREDIT(S)
Laws 1961, p. 1983, § 2-3.5, added by P.A. 90-651, § 5, eff. Jan. 1, 1999.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-3.6
Effective: January 1, 2000
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-3.6. "Armed with a firearm"
§ 2-3.6. "Armed with a firearm". Except as otherwise provided in a specific Section, a person is considered "armed with a firearm" when he or she carries on or about his or her person or is otherwise armed with a firearm.
CREDIT(S)
Laws 1961, p. 1983, § 2-3.6, added by P.A. 91-404, § 5, eff. Jan. 1, 2000.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-4
Formerly cited as IL ST CH 38 ¶ 2-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-4. "Conduct"
§ 2-4. "Conduct". "Conduct" means an act or a series of acts, and the accompanying mental state.
CREDIT(S)
Laws 1961, p. 1983, § 2-4, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-5
Formerly cited as IL ST CH 38 ¶ 2-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-5. "Conviction"
§ 2-5. "Conviction". "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
CREDIT(S)
Laws 1961, p. 1983, § 2-5, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-5.1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-5.1. Day care center
§ 2-5.1. Day care center. "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.
CREDIT(S)
Laws 1961, p. 1983, § 2-5.1, added by P.A. 96-556, § 5, eff. Jan. 1, 2010.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-5.2
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-5.2. Day care home
§ 2-5.2. Day care home. "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.
CREDIT(S)
Laws 1961, p. 1983, § 2-5.2, added by P.A. 96-556, § 5, eff. Jan. 1, 2010.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-6
Formerly cited as IL ST CH 38 ¶ 2-6
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-6. "Dwelling"
§ 2-6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.
(b) For the purposes of Section 19-3 of this Code, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.
CREDIT(S)
Laws 1961, p. 1983, § 2-6, eff. Jan. 1, 1962. Amended by P.A. 84-1289, § 1, eff. Jan. 1, 1987.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-6.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-6.5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-6.5. Emergency medical technician
§ 2-6.5. Emergency medical technician.
"Emergency medical technician-ambulance", "emergency medical technician-intermediate", and "emergency medical technician-paramedic" have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act. [FN1]
CREDIT(S)
Laws 1961, p. 1983, § 2-6.5, added by P.A. 88-433, § 5, eff. Jan. 1, 1994.
[FN1] 210 ILCS 50/1 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-6.6
Effective: August 21, 2007
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-6.6. Emergency management worker
§ 2-6.6. Emergency management worker. "Emergency management worker" shall include the following:
(a) any person, paid or unpaid, who is a member of a local or county emergency services and disaster agency as defined by the Illinois Emergency Management Agency Act, or who is an employee of the Illinois Emergency Management Agency or the Federal Emergency Management Agency;
(b) any employee or volunteer of the American Red Cross;
(c) any employee of a federal, State, county, or local government agency assisting an emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency through mutual aid or as otherwise requested or directed in time of disaster or emergency; and
(d) any person volunteering or directed to assist an emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency.
CREDIT(S)
Laws 1961, p. 1983, § 2-6.6, added by P.A. 94-243, § 5, eff. Jan. 1, 2006; P.A. 94-323, § 5, eff. Jan. 1, 2006. Amended by P.A. 95-331, § 1030, eff. Aug. 21, 2007.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-7
Formerly cited as IL ST CH 38 ¶ 2-7
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-7. "Felony"
§ 2-7. "Felony". "Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.
CREDIT(S)
Laws 1961, p. 1983, § 2-7, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-7.1
Effective: January 1, 2000
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-7.1. "Firearm" and "firearm ammunition"
§ 2-7.1. "Firearm" and "firearm ammunition". "Firearm" and "firearm ammunition" have the meanings ascribed to them in Section 1.1 of the Firearm Owners Identification Card Act. [FN1]
CREDIT(S)
Laws 1961, p. 1983, § 2-7.1, added by P.A. 91-544, § 5, eff. Jan. 1, 2000.
[FN1] 430 ILCS 65/1.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-7.5
Effective: August 21, 2007
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 2. General Definitions
5/2-7.5. "Firearm"
§ 2-7.5. "Firearm". Except as otherwise provided in a specific Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. [FN1]
CREDIT(S)
Laws 1961, p. 1983, § 2-7.5 added by P.A. 91-404, § 5, eff. Jan. 1, 2000. Amended by P.A. 95-331, § 1030, eff. Aug. 21, 2007.
[FN1] 430 ILCS 65/1.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-8
Formerly cited as IL ST CH 38 ¶ 2-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
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Title I. General Provisions
Article 2. General Definitions
5/2-8. "Forcible felony"
§ 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.
CREDIT(S)
Laws 1961, p. 1983, § 2-8, eff. Jan. 1, 1962. Amended by P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 84-1450, § 2, eff. July 1, 1987; P.A. 85-1447, § 1, eff. Jan. 1, 1990; P.A. 86-291, § 1, eff. Jan. 1, 1990; P.A. 88-277, § 5, eff. Jan. 1, 1994; P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-8.1
Effective: January 1, 2010
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5/2-8.1. Group day care home
§ 2-8.1. Group day care home. "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.
CREDIT(S)
Laws 1961, p. 1983, § 2-8.1, added by P.A. 96-556, § 5, eff. Jan. 1, 2010.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-9
Formerly cited as IL ST CH 38 ¶ 2-9
Effective:[See Text Amendments]
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Article 2. General Definitions
5/2-9. "Included offense"
§ 2-9. "Included offense". "Included offense" means an offense which
(a) Is established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission of the offense charged, or
(b) Consists of an attempt to commit the offense charged or an offense included therein.
CREDIT(S)
Laws 1961, p. 1983, § 2-9, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-10
Formerly cited as IL ST CH 38 ¶ 2-10
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
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Title I. General Provisions
Article 2. General Definitions
5/2-10. "Includes"
§ 2-10. "Includes". "Includes" or "including" means comprehending among other particulars, without limiting the generality of the foregoing word or phrase.
CREDIT(S)
Laws 1961, p. 1983, § 2-10, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-10.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-10.1
Formerly cited as IL ST CH 38 ¶ 2-10.1
Effective: January 1, 2013
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Title I. General Provisions
Article 2. General Definitions
5/2-10.1. "Severely or profoundly intellectually disabled person"
§ 2-10.1. "Severely or profoundly intellectually disabled person" means a person (i) whose intelligence quotient does not exceed 40 or (ii) whose intelligence quotient does not exceed 55 and who suffers from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired. In any proceeding in which the defendant is charged with committing a violation of Section 10-2, 10-5, 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision (b)(1) of Section 12-3.05, of this Code against a victim who is alleged to be a severely or profoundly intellectually disabled person, any findings concerning the victim's status as a severely or profoundly intellectually disabled person, made by a court after a judicial admission hearing concerning the victim under Articles V and VI of Chapter 4 of the Mental Health and Developmental Disabilities Code [FN1] shall be admissible.
CREDIT(S)
Laws 1961, p. 1983, § 2-10.1, added by P.A. 85-1392, § 1, eff. Jan. 1, 1989. Amended by P.A. 87-1198, § 2, eff. Sept. 25, 1992; P.A. 92-434, § 5, eff. Jan. 1, 2002; P.A. 96-1551, Art. 1, § 960, eff. July 1, 2011; P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011; P.A. 97-227, § 135, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-10.1.
[FN1] 405 ILCS 5/4-500 et seq. and 5/4-600 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-10.2
Effective: January 1, 2000
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Article 2. General Definitions
5/2-10.2. Laser or laser device
§ 2-10.2. Laser or laser device. "Laser" or "laser device" means any small or hand-held battery powered device which converts incident electromagnetic radiation of mixed frequencies to one or more discrete frequencies of highly amplified and coherent visible radiation or light. Proof that a particular device casts a small red dot or other similar small and discrete image or small and discrete visual signal upon a target surface at least 15 feet away creates a rebuttable presumption that the device is a laser. Flashlights and similar lamps, lanterns, lights, and penlights are not laser devices.
CREDIT(S)
Laws 1961, p. 1983, § 2-10.2, added by P.A. 91-672, § 5, eff. Jan. 1, 2000.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-10.3
Effective: January 1, 2000
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5/2-10.3. Laser gunsight
§ 2-10.3. Laser gunsight. "Laser gunsight" means any battery powered laser device manufactured to function as a firearm aiming device or sold as a firearm aiming device.
CREDIT(S)
Laws 1961, p. 1983, § 2-10.3, added by P.A. 91-672, § 5, eff. Jan. 1, 2000.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-11
Formerly cited as IL ST CH 38 ¶ 2-11
Effective:[See Text Amendments]
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5/2-11. "Misdemeanor"
§ 2-11. "Misdemeanor". "Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
CREDIT(S)
Laws 1961, p. 1983, § 2-11, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-11.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-11.1
Effective: January 1, 2013
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Article 2. General Definitions
5/2-11.1. Motor vehicle
§ 2-11.1. "Motor vehicle". "Motor vehicle" has the meaning ascribed to it in the Illinois Vehicle Code.
CREDIT(S)
Laws 1961, p. 1983, § 2-11.1, added by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-12
Formerly cited as IL ST CH 38 ¶ 2-12
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-12. "Offense"
§ 2-12. "Offense". "Offense" means a violation of any penal statute of this State.
CREDIT(S)
Laws 1961, p. 1983, § 2-12, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-12.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-12.1
Effective: January 1, 2010
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5/2-12.1. Part day child care facility
§ 2-12.1. Part day child care facility. "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.
CREDIT(S)
Laws 1961, p. 1983, § 2-12.1, added by P.A. 96-556, § 5, eff. Jan. 1, 2010.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-13
Formerly cited as IL ST CH 38 ¶ 2-13
Effective: January 25, 2013
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5/2-13. "Peace officer"
§ 2-13. "Peace officer". "Peace officer" means (i) any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.
For purposes of Sections concerning unlawful use of weapons, for the purposes of assisting an Illinois peace officer in an arrest, or when the commission of any offense under Illinois law is directly observed by the person, and statutes involving the false personation of a peace officer, false personation of a peace officer while carrying a deadly weapon, false personation of a peace officer in attempting or committing a felony, and false personation of a peace officer in attempting or committing a forcible felony, then officers, agents, or employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws shall be considered "peace officers" under this Code, including, but not limited to all criminal investigators of:
(1) the United States Department of Justice, the Federal Bureau of Investigation, the Drug Enforcement Agency and the Department of Immigration and Naturalization;
(2) the United States Department of the Treasury, the Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Customs Service;
(3) the United States Internal Revenue Service;
(4) the United States General Services Administration;
(5) the United States Postal Service;
(6) all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws; and
(7) the United States Department of Defense.
CREDIT(S)
Laws 1961, p. 1983, § 2-13, eff. Jan. 1, 1962. Amended by P.A. 84-906, § 1, eff. Sept. 23, 1985; P.A. 88-677, § 20, eff. Dec. 15, 1994; P.A. 94-730, § 5, eff. April 17, 2006; P.A. 94-846, § 15, eff. Jan. 1, 2007; P.A. 95-24, § 5, eff. Jan. 1, 2008; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 95-750, § 5, eff. July 23, 2008; P.A. 95-1007, § 5, eff. Dec. 15, 2008; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-13.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-14
Formerly cited as IL ST CH 38 ¶ 2-14
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-14. "Penal institution"
§ 2-14. "Penal institution". "Penal institution" means a penitentiary, state farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses.
CREDIT(S)
Laws 1961, p. 1983, § 2-14, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-14.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-15
Formerly cited as IL ST CH 38 ¶ 2-15
Effective: January 1, 2012
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5/2-15. "Person"
§ 2-15. "Person".
"Person" means an individual, natural person, public or private corporation, government, partnership, unincorporated association, or other entity.
CREDIT(S)
Laws 1961, p. 1983, § 2-15, eff. Jan. 1, 1962. Amended by P.A. 97-597, § 5, eff. Jan. 1, 2012.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-15.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-15.5
Effective: January 1, 2000
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5/2-15.5. "Personally discharged a firearm"
§ 2-15.5. "Personally discharged a firearm". A person is considered to have "personally discharged a firearm" when he or she, while armed with a firearm, knowingly and intentionally fires a firearm causing the ammunition projectile to be forcefully expelled from the firearm.
CREDIT(S)
Laws 1961, p. 1983, § 2-15.5, added by P.A. 91-404, § 5, eff. Jan. 1, 2000.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-15a
Formerly cited as IL ST CH 38 ¶ 2-15a
Effective:[See Text Amendments]
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Article 2. General Definitions
5/2-15a. "Physically handicapped person"
§ 2-15a. "Physically handicapped person". "Physically handicapped person" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.
CREDIT(S)
Laws 1961, p. 1983, § 2-15a, added by P.A. 85-691, § 1, eff. Jan. 1, 1988.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-15a.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-15b
Effective:[See Text Amendments]
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Article 2. General Definitions
5/2-15b. "Place of worship"
§ 2-15b. "Place of worship" means a church, synagogue, mosque, temple, or other building, structure, or place used primarily for religious worship and includes the grounds of a place of worship.
CREDIT(S)
Laws 1961, p. 1983, § 2-15b, added by P.A. 91-360, § 5, eff. July 29, 1999.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-16
Formerly cited as IL ST CH 38 ¶ 2-16
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-16. "Prosecution"
§ 2-16. "Prosecution". "Prosecution" means all legal proceedings by which a person's liability for an offense is determined, commencing with the return of the indictment or the issuance of the information, and including the final disposition of the case upon appeal.
CREDIT(S)
Laws 1961, p. 1983, § 2-16, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-16.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-17
Formerly cited as IL ST CH 38 ¶ 2-17
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-17. "Public employee"
§ 2-17. "Public employee". "Public employee" means a person, other than a public officer, who is authorized to perform any official function on behalf of, and is paid by, the State or any of its political subdivisions.
CREDIT(S)
Laws 1961, p. 1983, § 2-17, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-17.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-18
Formerly cited as IL ST CH 38 ¶ 2-18
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-18. "Public officer"
§ 2-18. "Public officer". "Public officer" means a person who is elected to office pursuant to statute, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions.
CREDIT(S)
Laws 1961, p. 1983, § 2-18, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-18.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-19
Formerly cited as IL ST CH 38 ¶ 2-19
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-19. "Reasonable belief"
§ 2-19. "Reasonable belief". "Reasonable belief" or "reasonably believes" means that the person concerned, acting as a reasonable man, believes that the described facts exist.
CREDIT(S)
Laws 1961, p. 1983, § 2-19, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-19.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-19.5
Effective:[See Text Amendments]
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Title I. General Provisions
Article 2. General Definitions
5/2-19.5. "School"
§ 2-19.5. "School" means a public, private, or parochial elementary or secondary school, community college, college, or university and includes the grounds of a school.
CREDIT(S)
Laws 1961, p. 1983, § 2-19.5, added by P.A. 91-360, § 5, eff. July 29, 1999.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-20
Formerly cited as IL ST CH 38 ¶ 2-20
Effective:[See Text Amendments]
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5/2-20. "Solicit"
§ 2-20. "Solicit". "Solicit" or "solicitation" means to command, authorize, urge, incite, request, or advise another to commit an offense.
CREDIT(S)
Laws 1961, p. 1983, § 2-20, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-20.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-21
Formerly cited as IL ST CH 38 ¶ 2-21
Effective:[See Text Amendments]
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Article 2. General Definitions
5/2-21. "State"
§ 2-21. "State". "State" or "this State" means the State of Illinois, and all land and water in respect to which the State of Illinois has either exclusive or concurrent jurisdiction, and the air space above such land and water. "Other state" means any state or territory of the United States, the District of Columbia and the Commonwealth of Puerto Rico.
CREDIT(S)
Laws 1961, p. 1983, § 2-21, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-21.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/2-22
Formerly cited as IL ST CH 38 ¶ 2-22
Effective:[See Text Amendments]
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5/2-22. "Statute"
§ 2-22. "Statute". "Statute" means the Constitution or an Act of the General Assembly of this State.
CREDIT(S)
Laws 1961, p. 1983, § 2-22, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 2-22.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. I, Art. 3, Refs & Annos
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Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-1
Formerly cited as IL ST CH 38 ¶ 3-1
Effective:[See Text Amendments]
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5/3-1. Presumption of Innocence and Proof of Guilt
§ 3-1. Presumption of Innocence and Proof of Guilt. Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.
CREDIT(S)
Laws 1961, p. 1983, § 3-1, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-2
Formerly cited as IL ST CH 38 ¶ 3-2
Effective:[See Text Amendments]
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5/3-2. Affirmative defense
§ 3-2. Affirmative defense.
(a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.
(b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense.
CREDIT(S)
Laws 1961, p. 1983, § 3-2, eff. Jan. 1, 1962. Amended by P.A. 83-288, § 1, eff. Jan. 1, 1984; P.A. 89-404, § 15, eff. Aug. 20, 1995; P.A. 90-593, § 15, eff. June 19, 1998.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-3
Formerly cited as IL ST CH 38 ¶ 3-3
Effective:[See Text Amendments]
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Article 3. Rights of Defendant (Refs & Annos)
5/3-3. Multiple Prosecutions for Same Act
§ 3-3. Multiple Prosecutions for Same Act. (a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.
(b) If the several offenses are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution, except as provided in Subsection (c), if they are based on the same act.
(c) When 2 or more offenses are charged as required by Subsection (b), the court in the interest of justice may order that one or more of such charges shall be tried separately.
CREDIT(S)
Laws 1961, p. 1983, § 3-3, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-4
Formerly cited as IL ST CH 38 ¶ 3-4
Effective: January 1, 2010
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5/3-4. Effect of former prosecution
§ 3-4. Effect of former prosecution.
(a) A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if that former prosecution:
(1) resulted in either a conviction or an acquittal or in a determination that the evidence was insufficient to warrant a conviction;
(2) was terminated by a final order or judgment, even if entered before trial, that required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or
(3) was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.
A conviction of an included offense, other than through a plea of guilty, is an acquittal of the offense charged.
(b) A prosecution is barred if the defendant was formerly prosecuted for a different offense, or for the same offense based upon different facts, if that former prosecution:
(1) resulted in either a conviction or an acquittal, and the subsequent prosecution is for an offense of which the defendant could have been convicted on the former prosecution; or was for an offense with which the defendant should have been charged on the former prosecution, as provided in Section 3-3 of this Code (unless the court ordered a separate trial of that charge); or was for an offense that involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution, or the offense was not consummated when the former trial began;
(2) was terminated by a final order or judgment, even if entered before trial, that required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or
(3) was terminated improperly under the circumstances stated in subsection (a), and the subsequent prosecution is for an offense of which the defendant could have been convicted if the former prosecution had not been terminated improperly.
(c) A prosecution is barred if the defendant was formerly prosecuted in a District Court of the United States or in a sister state for an offense that is within the concurrent jurisdiction of this State, if that former prosecution:
(1) resulted in either a conviction or an acquittal, and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or
(2) was terminated by a final order or judgment, even if entered before trial, that required a determination inconsistent with any fact necessary to a conviction in the prosecution in this State.
(d) A prosecution is not barred within the meaning of this Section 3-4, however, if the former prosecution:
(1) was before a court that lacked jurisdiction over the defendant or the offense; or
(2) was procured by the defendant without the knowledge of the proper prosecuting officer, and with the purpose of avoiding the sentence that otherwise might be imposed; or if subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the defendant was thereby adjudged not guilty.
CREDIT(S)
Laws 1961, p. 1983, § 3-4, eff. Jan. 1, 1962. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-5
Formerly cited as IL ST CH 38 ¶ 3-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 3. Rights of Defendant (Refs & Annos)
5/3-5. General Limitations
§ 3-5. General Limitations.
(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0. 1 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.
(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 3-5, eff. Jan. 1, 1962. Amended by P.A. 84-1450, § 2, eff. July 1, 1987; P.A. 85-636, § 1, eff. Jan. 1, 1988; P.A. 85-673, § 1, eff. Jan. 1, 1988; P.A. 89-8, Art. 1, § 1-15, eff. Jan. 1, 1996; P.A. 91-801, § 5, eff. June 13, 2000; P.A. 92-752, § 5, eff. Aug. 2, 2002; P.A. 93-834, § 5, eff. July 29, 2004; P.A. 94-487, § 5, eff. Nov. 9, 2005; P.A. 95-899, § 5, eff. Jan. 1, 2009; P.A. 96-292, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-6
Formerly cited as IL ST CH 38 ¶ 3-6
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 3. Rights of Defendant (Refs & Annos)
5/3-6. Extended limitations
§ 3-6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 or other applicable statute is extended under the following conditions:
(a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows:
(1) If the aggrieved person is a minor or a person under legal disability, then during the minority or legal disability or within one year after the termination thereof.
(2) In any other instance, within one year after the discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses under Section 10-9 of this Code may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping, exploitation of a child, or promoting juvenile prostitution except for keeping a place of juvenile prostitution may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 11-0.1 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44 of the " Environmental Protection Act", approved June 29, 1970, as amended, [FN1] may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense.
(f-5) A prosecution for any offense set forth in Section 16-30 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse, or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age. When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
(k) A prosecution for theft involving real property exceeding $100,000 in value under Section 16-1, identity theft under subsection (a) of Section 16-30, aggravated identity theft under subsection (b) of Section 16-30, or any offense set forth in Article 16H or Section 17-10.6 may be commenced within 7 years of the last act committed in furtherance of the crime.
CREDIT(S)
Laws 1961, p. 1983, § 3-6, eff. Jan. 1, 1962. Amended by P.A. 83-706, § 24, eff. Sept. 23, 1983; P.A. 84-169, § 1, eff. Jan. 1, 1986; P.A. 84-506, § 1, eff. Jan. 1, 1986; P.A. 84-1280, § 1, eff. Aug. 15, 1986; P.A. 84-1308, Art. II, § 50, eff. Aug. 25, 1986; P.A. 85-441, § 1, eff. Jan. 1, 1988; P.A. 85-1344, § 1, eff. Aug. 31, 1988; P.A. 89-8, Art. 1, § 1-15, eff. Jan. 1, 1996; P.A. 89-354, § 5, eff. Jan. 1, 1996; P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996; P.A. 91-475, § 5, eff. Jan. 1, 2000; P.A. 91-801, § 5, eff. June 13, 2000; P.A. 92-752, § 5, eff. Aug. 2, 2002; P.A. 92-801, § 10, eff. Aug. 16, 2002; P.A. 93-356, § 10, eff. July 24, 2003; P.A. 94-253, § 5, eff. Jan. 1, 2006; P.A. 94-990, § 5, eff. Jan. 1, 2007; P.A. 95-548, § 5, eff. Aug. 30, 2007; P.A. 96-233, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011; P.A. 96-1551, Art. 10, § 10-140, eff. July 1, 2011; P.A. 97-597, § 5, eff. Jan. 1, 2012; P.A. 97-897, § 15, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-6.
[FN1] 415 ILCS 5/44.
VALIDITY
<See Stogner v. California, 2003, 123 S.Ct. 2446, 539 U.S. 607, 156 L.Ed.2d 544, for validity issues related to revival of cause of action barred by a prior limitations statute.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-7
Formerly cited as IL ST CH 38 ¶ 3-7
Effective: January 1, 2008
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 3. Rights of Defendant (Refs & Annos)
5/3-7. Periods excluded from limitation
§ 3-7. Periods excluded from limitation.
The period within which a prosecution must be commenced does not include any period in which:
(a) The defendant is not usually and publicly resident within this State; or
(b) The defendant is a public officer and the offense charged is theft of public funds while in public office; or
(c) A prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal; or
(d) A proceeding or an appeal from a proceeding relating to the quashing or enforcement of a Grand Jury subpoena issued in connection with an investigation of a violation of a criminal law of this State is pending. However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this subsection (d); or
(e) A material witness is placed on active military duty or leave. In this subsection (e), "material witness" includes, but is not limited to, the arresting officer, occurrence witness, or the alleged victim of the offense; or
(f) The victim of unlawful force or threat of imminent bodily harm to obtain information or a confession is incarcerated, and the victim's incarceration, in whole or in part, is a consequence of the unlawful force or threats.
CREDIT(S)
Laws 1961, p. 1983, § 3-7, eff. Jan. 1, 1962. Amended by P.A. 91-231, § 5, eff. Jan. 1, 2000; P.A. 93-417, § 5, eff. Aug. 5, 2003; P.A. 94-1113, § 105, eff. Jan. 1, 2008.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/3-8
Formerly cited as IL ST CH 38 ¶ 3-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title I. General Provisions
Article 3. Rights of Defendant (Refs & Annos)
5/3-8. Limitation on Offense Based on Series of Acts
§ 3-8. Limitation on Offense Based on Series of Acts. When an offense is based on a series of acts performed at different times, the period of limitation prescribed by this Article starts at the time when the last such act is committed.
CREDIT(S)
Laws 1961, p. 1983, § 3-8, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 3-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. II, Art. 4, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-1
Formerly cited as IL ST CH 38 ¶ 4-1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-1. Voluntary Act
§ 4-1. Voluntary Act. A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing.
CREDIT(S)
Laws 1961, p. 1983, § 4-1, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-2
Formerly cited as IL ST CH 38 ¶ 4-2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-2. Possession as Voluntary Act
§ 4-2. Possession as Voluntary Act. Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession.
CREDIT(S)
Laws 1961, p. 1983, § 4-2, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-3
Formerly cited as IL ST CH 38 ¶ 4-3
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-3. Mental State
§ 4-3. Mental State. (a) A person is not guilty of an offense, other than an offense which involves absolute liability, unless, with respect to each element described by the statute defining the offense, he acts while having one of the mental states described in Sections 4-4 through 4-7.
(b) If the statute defining an offense prescribed a particular mental state with respect to the offense as a whole, without distinguishing among the elements thereof, the prescribed mental state applies to each such element. If the statute does not prescribe a particular mental state applicable to an element of an offense (other than an offense which involves absolute liability), any mental state defined in Sections 4-4, 4-5 or 4-6 is applicable.
(c) Knowledge that certain conduct constitutes an offense, or knowledge of the existence, meaning, or application of the statute defining an offense, is not an element of the offense unless the statute clearly defines it as such.
CREDIT(S)
Laws 1961, p. 1983, § 4-3, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-4
Formerly cited as IL ST CH 38 ¶ 4-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-4. Intent
§ 4-4. Intent. A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.
CREDIT(S)
Laws 1961, p. 1983, § 4-4, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-5
Formerly cited as IL ST CH 38 ¶ 4-5
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-5. Knowledge
§ 4-5. Knowledge. A person knows, or acts knowingly or with knowledge of:
(a) The nature or attendant circumstances of his or her conduct, described by the statute defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that the fact exists.
(b) The result of his or her conduct, described by the statute defining the offense, when he or she is consciously aware that that result is practically certain to be caused by his conduct.
Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the term "willfully", unless the statute clearly requires another meaning.
When the law provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally.
CREDIT(S)
Laws 1961, p. 1983, § 4-5, eff. Jan. 1, 1962. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-6
Formerly cited as IL ST CH 38 ¶ 4-6
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-6. Recklessness
§ 4-6. Recklessness. A person is reckless or acts recklessly when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a statute using the term "wantonly", unless the statute clearly requires another meaning.
CREDIT(S)
Laws 1961, p. 1983, § 4-6, eff. Jan. 1, 1962. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-6.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-7
Formerly cited as IL ST CH 38 ¶ 4-7
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-7. Negligence
§ 4-7. Negligence. A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.
CREDIT(S)
Laws 1961, p. 1983, § 4-7, eff. Jan. 1, 1962. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-8
Formerly cited as IL ST CH 38 ¶ 4-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-8. Ignorance or Mistake
§ 4-8. Ignorance or Mistake. (a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense.
(b) A person's reasonable belief that his conduct does not constitute an offense is a defense if:
(1) The offense is defined by an administrative regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or
(2) He acts in reliance upon a statute which later is determined to be invalid; or
(3) He acts in reliance upon an order or opinion of an Illinois Appellate or Supreme Court, or a United States appellate court later overruled or reversed;
(4) He acts in reliance upon an official interpretation of the statute, regulation or order defining the offense, made by a public officer or agency legally authorized to interpret such statute.
(c) Although a person's ignorance or mistake of fact or law, or reasonable belief, described in this Section 4-8 is a defense to the offense charged, he may be convicted of an included offense of which he would be guilty if the fact or law were as he believed it to be.
(d) A defense based upon this Section 4-8 is an affirmative defense.
CREDIT(S)
Laws 1961, p. 1983, § 4-8, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/4-9
Formerly cited as IL ST CH 38 ¶ 4-9
Effective: January 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 4. Criminal Act and Mental State (Refs & Annos)
5/4-9. Absolute liability
§ 4-9. Absolute liability.
A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in Sections 4-4 through 4-7 if the offense is a misdemeanor which is not punishable by incarceration or by a fine exceeding $1,000, or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.
CREDIT(S)
Laws 1961, p. 1983, § 4-9, eff. Jan. 1, 1962. Amended by P.A. 96-1198, § 5, eff. Jan. 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 4-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. II, Art. 5, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title II. Principles of Criminal Liability
Article 5. Parties to Crime
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/5-1
Formerly cited as IL ST CH 38 ¶ 5-1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 5. Parties to Crime (Refs & Annos)
5/5-1. Accountability for Conduct of Another
§ 5-1. Accountability for Conduct of Another. A person is responsible for conduct which is an element of an offense if the conduct is either that of the person himself, or that of another and he is legally accountable for such conduct as provided in Section 5-2, or both.
CREDIT(S)
Laws 1961, p. 1983, § 5-1, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 5-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/5-2
Formerly cited as IL ST CH 38 ¶ 5-2
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 5. Parties to Crime (Refs & Annos)
5/5-2. When accountability exists
§ 5-2. When accountability exists. A person is legally accountable for the conduct of another when:
(a) having a mental state described by the statute defining the offense, he or she causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state;
(b) the statute defining the offense makes him or her so accountable; or
(c) either before or during the commission of an offense, and with the intent to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense.
When 2 or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts. Mere presence at the scene of a crime does not render a person accountable for an offense; a person's presence at the scene of a crime, however, may be considered with other circumstances by the trier of fact when determining accountability.
A person is not so accountable, however, unless the statute defining the offense provides otherwise, if:
(1) he or she is a victim of the offense committed;
(2) the offense is so defined that his or her conduct was inevitably incident to its commission; or
(3) before the commission of the offense, he or she terminates his or her effort to promote or facilitate that commission and does one of the following: (i) wholly deprives his or her prior efforts of effectiveness in that commission, (ii) gives timely warning to the proper law enforcement authorities, or (iii) otherwise makes proper effort to prevent the commission of the offense.
CREDIT(S)
Laws 1961, p. 1983, § 5-2, eff. Jan. 1, 1962. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 5-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/5-3
Formerly cited as IL ST CH 38 ¶ 5-3
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 5. Parties to Crime (Refs & Annos)
5/5-3. Separate Conviction of Person Accountable
§ 5-3. Separate Conviction of Person Accountable. A person who is legally accountable for the conduct of another which is an element of an offense may be convicted upon proof that the offense was committed and that he was so accountable, although the other person claimed to have committed the offense has not been prosecuted or convicted, or has been convicted of a different offense or degree of offense, or is not amenable to justice, or has been acquitted.
CREDIT(S)
Laws 1961, p. 1983, § 5-3, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 5-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/5-4
Formerly cited as IL ST CH 38 ¶ 5-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 5. Parties to Crime (Refs & Annos)
5/5-4. Responsibility of corporation
§ 5-4. Responsibility of corporation. (a) A corporation may be prosecuted for the commission of an offense if, but only if:
(1) The offense is a misdemeanor, or is defined by Sections 11-20, 11-20.1 or 24-1 of this Code, or Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended [FN1] or is defined by another statute which clearly indicates a legislative purpose to impose liability on a corporation; and an agent of the corporation performs the conduct which is an element of the offense while acting within the scope of his or her office or employment and in behalf of the corporation, except that any limitation in the defining statute, concerning the corporation's accountability for certain agents or under certain circumstances, is applicable; or
(2) The commission of the offense is authorized, requested, commanded, or performed, by the board of directors or by a high managerial agent who is acting within the scope of his or her employment in behalf of the corporation.
(b) A corporation's proof, by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the conduct which is the subject matter of the offense exercised due diligence to prevent the commission of the offense, is a defense to a prosecution for any offense to which Subsection (a)(1) refers, other than an offense for which absolute liability is imposed. This Subsection is inapplicable if the legislative purpose of the statute defining the offense is inconsistent with the provisions of this Subsection.
(c) For the purpose of this Section:
(1) "Agent" means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.
(2) "High managerial agent" means an officer of the corporation, or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees in a managerial capacity.
CREDIT(S)
Laws 1961, p. 1983, § 5-4, eff. Jan. 1, 1962. Amended by P.A. 84-551, § 25, eff. Sept. 18, 1985; P.A. 85-1014, § 1, eff. Jan. 1, 1989; P.A. 85-1344, § 1, eff. Aug. 31, 1988; P.A. 85-1440, Art. II, § 2-9, eff. Feb. 1, 1989.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 5-4.
[FN1] 415 ILCS 5/44.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/5-5
Formerly cited as IL ST CH 38 ¶ 5-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 5. Parties to Crime (Refs & Annos)
5/5-5. Accountability for Conduct of Corporation
§ 5-5. Accountability for Conduct of Corporation. (a) A person is legally accountable for conduct which is an element of an offense and which, in the name or in behalf of a corporation, he performs or causes to be performed, to the same extent as if the conduct were performed in his own name or behalf.
(b) An individual who has been convicted of an offense by reason of his legal accountability for the conduct of a corporation is subject to the punishment authorized by law for an individual upon conviction of such offense, although only a lesser or different punishment is authorized for the corporation.
CREDIT(S)
Laws 1961, p. 1983, § 5-5, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 5-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. II, Art. 6, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title II. Principles of Criminal Liability
Article 6. Responsibility
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/6-1
Formerly cited as IL ST CH 38 ¶ 6-1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 6. Responsibility (Refs & Annos)
5/6-1. Infancy
§ 6-1. Infancy. No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed.
CREDIT(S)
Laws 1961, p. 1983, § 6-1, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 6-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/6-2
Formerly cited as IL ST CH 38 ¶ 6-2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 6. Responsibility (Refs & Annos)
5/6-2. Insanity
§ 6-2. Insanity.
(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c) A person who, at the time of the commission of a criminal offense, was not insane but was suffering from a mental illness, is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, "mental illness" or "mentally ill" means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person's judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior.
(e) When the defense of insanity has been presented during the trial, the burden of proof is on the defendant to prove by clear and convincing evidence that the defendant is not guilty by reason of insanity. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of each of the offenses charged, and, in a jury trial where the insanity defense has been presented, the jury must be instructed that it may not consider whether the defendant has met his burden of proving that he is not guilty by reason of insanity until and unless it has first determined that the State has proven the defendant guilty beyond a reasonable doubt of the offense with which he is charged.
CREDIT(S)
Laws 1961, p. 1983, § 6-2, eff. Jan. 1, 1962. Amended by P.A. 82-553, § 1, eff. Sept. 17, 1981; P.A. 83-288, § 1, eff. Jan. 1, 1984; P.A. 89-404, § 15, eff. Aug. 20, 1995; P.A. 90-593, § 15, eff. June 19, 1998.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 6-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/6-3
Formerly cited as IL ST CH 38 ¶ 6-3
Effective: January 1, 2002
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 6. Responsibility (Refs & Annos)
5/6-3. Intoxicated or drugged condition
§ 6-3. Intoxicated or drugged condition.
A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
CREDIT(S)
Laws 1961, p. 1983, § 6-3, eff. Jan. 1, 1962. Amended by P.A. 85-670, § 1, eff. Jan. 1, 1988; P.A. 92-466, § 5, eff. Jan. 1, 2002.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 6-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/6-4
Formerly cited as IL ST CH 38 ¶ 6-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 6. Responsibility (Refs & Annos)
5/6-4. Affirmative Defense
§ 6-4. Affirmative Defense. A defense based upon any of the provisions of Article 6 is an affirmative defense except that mental illness is not an affirmative defense, but an alternative plea or finding that may be accepted, under appropriate evidence, when the affirmative defense of insanity is raised or the plea of guilty but mentally ill is made.
CREDIT(S)
Laws 1961, p. 1983, § 6-4, eff. Jan. 1, 1962. Amended by P.A. 82-553, § 1, eff. Sept. 17, 1981.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 6-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. II, Art. 7, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-1
Formerly cited as IL ST CH 38 ¶ 7-1
Effective: July 28, 2004
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-1. Use of force in defense of person
§ 7-1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
CREDIT(S)
Laws 1961, p. 1983, § 7-1, eff. Jan. 1, 1962. Amended by P.A. 93-832, § 5, eff. July 28, 2004.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-2
Formerly cited as IL ST CH 38 ¶ 7-2
Effective: July 28, 2004
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-2. Use of force in defense of dwelling
§ 7-2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
CREDIT(S)
Laws 1961, p. 1983, § 7-2, eff. Jan. 1, 1962. Amended by Laws 1967, p. 696, § 1, eff. July 1, 1967; P.A. 93-832, § 5, eff. July 28, 2004.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-3
Formerly cited as IL ST CH 38 ¶ 7-3
Effective: July 28, 2004
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-3. Use of force in defense of other property
§ 7-3. Use of force in defense of other property.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
CREDIT(S)
Laws 1961, p. 1983, § 7-3, eff. Jan. 1, 1962. Amended by P.A. 93-832, § 5, eff. July 28, 2004.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-4
Formerly cited as IL ST CH 38 ¶ 7-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-4. Use of Force by Aggressor
§ 7-4. Use of Force by Aggressor. The justification described in the preceding Sections of this Article is not available to a person who:
(a) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(b) Initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(c) Otherwise initially provokes the use of force against himself, unless:
(1) Such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(2) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
CREDIT(S)
Laws 1961, p. 1983, § 7-4, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-5
Formerly cited as IL ST CH 38 ¶ 7-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-5. Peace officer's use of force in making arrest
§ 7-5. Peace officer's use of force in making arrest. (a) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to effect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reasonably believes both that:
(1) Such force is necessary to prevent the arrest from being defeated by resistance or escape; and
(2) The person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
(b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
CREDIT(S)
Laws 1961, p. 1983, § 7-5, eff. Jan. 1, 1962. Amended by P.A. 84-1426, Art. III, § 1, eff. Sept. 24, 1986.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-6
Formerly cited as IL ST CH 38 ¶ 7-6
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-6. Private person's use of force in making arrest
§ 7-6. Private person's use of force in making arrest. (a) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that he is justified in the use of force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another.
(b) A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
CREDIT(S)
Laws 1961, p. 1983, § 7-6, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-6.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-7
Formerly cited as IL ST CH 38 ¶ 7-7
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-7. Private person's use of force in resisting arrest
§ 7-7. Private person's use of force in resisting arrest. A person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if he believes that the arrest is unlawful and the arrest in fact is unlawful.
CREDIT(S)
Laws 1961, p. 1983, § 7-7, eff. Jan. 1, 1962. Amended by P.A. 86-1475, Art. 3, § 3-22, eff. Jan. 10, 1991.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-8
Formerly cited as IL ST CH 38 ¶ 7-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-8. Force likely to cause death or great bodily harm
§ 7-8. Force likely to cause death or great bodily harm.
(a) Force which is likely to cause death or great bodily harm, within the meaning of Sections 7-5 and 7-6 includes:
(1) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and
(2) The firing of a firearm at a vehicle in which the person to be arrested is riding.
(b) A peace officer's discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause death or great bodily harm within the meaning of Sections 7-5 and 7-6.
CREDIT(S)
Laws 1961, p. 1983, § 7-8, eff. Jan. 1, 1962. Amended by P.A. 90-138, § 5, eff. Jan. 1, 1998.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-9
Formerly cited as IL ST CH 38 ¶ 7-9
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-9. Use of force to prevent escape
§ 7-9. Use of force to prevent escape. (a) A peace officer or other person who has an arrested person in his custody is justified in the use of such force to prevent the escape of the arrested person from custody as he would be justified in using if he were arresting such person.
(b) A guard or other peace officer is justified in the use of force, including force likely to cause death or great bodily harm, which he reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
CREDIT(S)
Laws 1961, p. 1983, § 7-9, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-10
Formerly cited as IL ST CH 38 ¶ 7-10
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-10. Execution of death sentence
§ 7-10. Execution of death sentence. A public officer who, in the exercise of his official duty, puts a person to death pursuant to a sentence of a court of competent jurisdiction, is justified if he acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.
CREDIT(S)
Laws 1961, p. 1983, § 7-10, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-10.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-11
Formerly cited as IL ST CH 38 ¶ 7-11
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-11. Compulsion
§ 7-11. Compulsion.
(a) A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct.
(b) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion, except that stated in subsection (a).
CREDIT(S)
Laws 1961, p. 1983, § 7-11, eff. Jan. 1, 1962. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-11.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-12
Formerly cited as IL ST CH 38 ¶ 7-12
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-12. Entrapment
§ 7-12. Entrapment.
A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.
CREDIT(S)
Laws 1961, p. 1983, § 7-12, eff. Jan. 1, 1962. Amended by P.A. 89-332, § 5, eff. Jan. 1, 1996.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-12.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-13
Formerly cited as IL ST CH 38 ¶ 7-13
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-13. Necessity
§ 7-13. Necessity. Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct.
CREDIT(S)
Laws 1961, p. 1983, § 7-13, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-13.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/7-14
Formerly cited as IL ST CH 38 ¶ 7-14
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title II. Principles of Criminal Liability
Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)
5/7-14. Affirmative defense
§ 7-14. Affirmative defense. A defense of justifiable use of force, or of exoneration, based on the provisions of this Article is an affirmative defense.
CREDIT(S)
Laws 1961, p. 1983, § 7-14, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 7-14.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-1
Formerly cited as IL ST CH 38 ¶ 8-1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-1. Solicitation and solicitation of murder
§ 8-1. Solicitation and solicitation of murder.
(a) Solicitation. A person commits the offense of solicitation when, with intent that an offense be committed, other than first degree murder, he or she commands, encourages, or requests another to commit that offense.
(b) Solicitation of murder. A person commits the offense of solicitation of murder when he or she commits solicitation with the intent that the offense of first degree murder be committed.
(c) Sentence. A person convicted of solicitation may be fined or imprisoned or both not to exceed the maximum provided for the offense solicited, except that the penalty shall not exceed the corresponding maximum limit provided by subparagraph (c) of Section 8-4 of this Code. Solicitation of murder is a Class X felony, and a person convicted of solicitation of murder shall be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years, except that a person convicted of solicitation of murder when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 20 years and not more than 60 years.
CREDIT(S)
Laws 1961, p. 1983, § 8-1, eff. Jan. 1, 1962. Amended by Laws 1967, p. 2841, § 1, eff. Aug. 11, 1967; P.A. 85-1030, § 2, eff. July 1, 1988; P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 8-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-1.1
Formerly cited as IL ST CH 38 ¶ 8-1.1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-1.1. § 8-1.1. Repealed by P.A. 96-710, § 30, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-1.2
Formerly cited as IL ST CH 38 ¶ 8-1.2
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-1.2. Solicitation of murder for hire
§ 8-1.2. Solicitation of murder for hire.
(a) A person commits the offense of solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he or she procures another to commit that offense pursuant to any contract, agreement, understanding, command, or request for money or anything of value.
(b) Sentence. Solicitation of murder for hire is a Class X felony, and a person convicted of solicitation of murder for hire shall be sentenced to a term of imprisonment of not less than 20 years and not more than 40 years, except that a person convicted of solicitation of murder for hire when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 25 years and not more than 60 years.
CREDIT(S)
Laws 1961, p. 1983, § 8-1.2, added by P.A. 85-1030, § 2, eff. July 1, 1988. Amended by P.A. 85-1440, Art. II, § 2-54, eff. Feb. 1, 1989; P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 8-1.2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-2
Formerly cited as IL ST CH 38 ¶ 8-2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-2. Conspiracy
§ 8-2. Conspiracy.
(a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and proved to have been committed by him or her or by a co-conspirator.
(b) Co-conspirators. It is not a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:
(1) have not been prosecuted or convicted,
(2) have been convicted of a different offense,
(3) are not amenable to justice,
(4) have been acquitted, or
(5) lacked the capacity to commit an offense.
(c) Sentence.
(1) Except as otherwise provided in this subsection or Code, a person convicted of conspiracy to commit:
(A) a Class X felony shall be sentenced for a Class 1 felony;
(B) a Class 1 felony shall be sentenced for a Class 2 felony;
(C) a Class 2 felony shall be sentenced for a Class 3 felony;
(D) a Class 3 felony shall be sentenced for a Class 4 felony;
(E) a Class 4 felony shall be sentenced for a Class 4 felony; and
(F) a misdemeanor may be fined or imprisoned or both not to exceed the maximum provided for the offense that is the object of the conspiracy.
(2) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class X felony:
(A) aggravated insurance fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4); or
(B) aggravated governmental entity insurance fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4).
(3) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 1 felony:
(A) first degree murder (720 ILCS 5/9-1); or
(B) aggravated insurance fraud (720 ILCS 5/46-3) or aggravated governmental insurance fraud (720 ILCS 5/46-3).
(4) A person convicted of conspiracy to commit insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 5/46-3) shall be sentenced for a Class 2 felony.
(5) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 3 felony:
(A) soliciting for a prostitute (720 ILCS 5/11-14.3(a)(1));
(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or 5/11-14.3(a)(2)(B));
(C) keeping a place of prostitution (720 ILCS 5/11-14.3(a)(1));
(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
(E) unlawful use of weapons under Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1));
(F) unlawful use of weapons under Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7));
(G) gambling (720 ILCS 5/28-1);
(H) keeping a gambling place (720 ILCS 5/28-3);
(I) registration of federal gambling stamps violation (720 ILCS 5/28-4);
(J) look-alike substances violation (720 ILCS 570/404);
(K) miscellaneous controlled substance violation under Section 406(b) (720 ILCS 570/406(b)); or
(L) an inchoate offense related to any of the principal offenses set forth in this item (5).
CREDIT(S)
Laws 1961, p. 1983, § 8-2, eff. Jan. 1, 1962. Amended by Laws 1965, p. 406, § 1, eff. July 1, 1965; P.A. 77-772, § 1, eff. Aug. 16, 1971; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 78-255, § 61, eff. Oct. 1, 1973; P.A. 84-1450, § 2, eff. July 1, 1987; P.A. 86-809, § 1, eff. Jan. 1, 1990; P.A. 94-184, § 5, eff. July 12, 2005; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 8-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-2.1
Effective: January 1, 2003
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-2.1. Conspiracy against civil rights
§ 8-2.1. Conspiracy against civil rights.
(a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co-conspirator has committed any act in furtherance of that agreement.
(b) Co-conspirators. It shall not be a defense to conspiracy against civil rights that a person or persons with whom the accused is alleged to have conspired:
(1) has not been prosecuted or convicted; or
(2) has been convicted of a different offense; or
(3) is not amenable to justice; or
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense.
CREDIT(S)
Laws 1961, p. 1983, § 8-2.1, added by P.A. 92-830, § 5, eff. Jan. 1, 2003.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-3
Formerly cited as IL ST CH 38 ¶ 8-3
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-3. Defense
§ 8-3. Defense. It is a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of an offense.
CREDIT(S)
Laws 1961, p. 1983, § 8-3, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 8-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-4
Formerly cited as IL ST CH 38 ¶ 8-4
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-4. Attempt
§ 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense.
(b) Impossibility.
It is not a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in Section 33A-2 of this Code:
(1) the sentence for attempt to commit first degree murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when at least one of the aggravating factors specified in paragraphs (1), (2), and (12) of subsection (b) of Section 9-1 is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;
(B) an attempt to commit first degree murder while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;
(C) an attempt to commit first degree murder during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;
(D) an attempt to commit first degree murder during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; and
(E) if the defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony;
(2) the sentence for attempt to commit a Class X felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1 felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2 felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony other than those specified in items (1), (2), (3), and (4) of this subsection (c) is the sentence for a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 8-4, eff. Jan. 1, 1962. Amended by Laws 1967, p. 2595, § 1, eff. Aug. 3, 1967; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 78-342, § 1, eff. Oct. 1, 1973; P.A. 80-1099, § 1, eff. Feb. 1, 1978; P.A. 81-923, § 1, eff. Jan. 1, 1980; P.A. 84-1450, § 2, eff. July 1, 1987; P.A. 87-921, § 1, eff. Jan. 1, 1993; P.A. 88-680, Art. 35, § 35-5, eff. Jan. 1, 1995; P.A. 91-404, § 5, eff. Jan. 1, 2000. Re-enacted by P.A. 91-696, Art. 35, § 35-5, eff. April 13, 2000; P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 8-4.
VALIDITY
<Enhanced penalties for attempted first degree murder with a handgun as a Class X felony, with mandatory addition of 15, 20, or 25 years to life to a sentence, were held unconstitutionally disproportionate under Illinois Constitution Art. I, § 11 by People v. Morgan, 2003, 272 Ill.Dec. 160, 203 Ill.2d 470, 786 N.E.2d 994, because a defendant can receive a harsher sentence if the victim survives than if the victim dies. But see People v. Sharpe, 216 Ill.2d 481 (2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-5
Formerly cited as IL ST CH 38 ¶ 8-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-5. Multiple Convictions
§ 8-5. Multiple Convictions. No person shall be convicted of both the inchoate and the principal offense.
CREDIT(S)
Laws 1961, p. 1983, § 8-5, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 8-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/8-6
Formerly cited as IL ST CH 38 ¶ 8-6
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part A. Inchoate Offenses
Article 8. Solicitation, Conspiracy and Attempt
5/8-6. Offense
§ 8-6. Offense. For the purposes of this Article, "offense" shall include conduct which if performed in another State would be criminal by the laws of that State and which conduct if performed in this State would be an offense under the laws of this State.
CREDIT(S)
Laws 1961, p. 1983, § 8-6, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch.38, ¶ 8-6.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 9, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-1
Formerly cited as IL ST CH 38 ¶ 9-1
Effective: January 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-1. First degree Murder--Death penalties--Exceptions--Separate Hearings--Proof--Findings--Appellate procedures--Reversals
§ 9-1. First degree Murder--Death penalties--Exceptions--Separate Hearings--Proof--Findings--Appellate procedures--Reversals.
(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he is attempting or committing a forcible felony other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if:
(1) the murdered individual was a peace officer or fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or
(2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or
(3) the defendant has been convicted of murdering two or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or
(4) the murdered individual was killed as a result of the hijacking of an airplane, train, ship, bus or other public conveyance; or
(5) the defendant committed the murder pursuant to a contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or
(6) the murdered individual was killed in the course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and
(b) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and
(c) the other felony was an inherently violent crime or the attempt to commit an inherently violent crime. In this subparagraph (c), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; or
(7) the murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this paragraph (8), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; or
(9) the defendant, while committing an offense punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, [FN1] or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or
(10) the defendant was incarcerated in an institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or
(12) the murdered individual was an emergency medical technician--ambulance, emergency medical technician--intermediate, emergency medical technician--paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician--ambulance, emergency medical technician--intermediate, emergency medical technician--paramedic, ambulance driver, or other medical assistance or first aid personnel; or
(13) the defendant was a principal administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or
(14) the murder was intentional and involved the infliction of torture. For the purpose of this Section torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or
(16) the murdered individual was 60 years of age or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a disabled person and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or
(18) the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or
(19) the murdered individual was subject to an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; [FN2] or
(20) the murdered individual was known by the defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or
(21) the murder was committed by the defendant in connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code.
(b-5) Aggravating Factor; Natural Life Imprisonment. A defendant who has been found guilty of first degree murder and who at the time of the commission of the offense had attained the age of 18 years or more may be sentenced to natural life imprisonment if (i) the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice nurse, (ii) the defendant knew or should have known that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice nurse, and (iii) the murdered individual was killed in the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity.
(c) Consideration of factors in Aggravation and Mitigation.
The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b). Mitigating factors may include but need not be limited to the following:
(1) the defendant has no significant history of prior criminal activity;
(2) the murder was committed while the defendant was under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to prosecution;
(3) the murdered individual was a participant in the defendant's homicidal conduct or consented to the homicidal act;
(4) the defendant acted under the compulsion of threat or menace of the imminent infliction of death or great bodily harm;
(5) the defendant was not personally present during commission of the act or acts causing death;
(6) the defendant's background includes a history of extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental capacity.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's guilt; or
(2) before a jury impanelled for the purpose of the proceeding if:
A. the defendant was convicted upon a plea of guilty; or
B. the defendant was convicted after a trial before the court sitting without a jury; or
C. the court for good cause shown discharges the jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt.
(g) Procedure--Jury.
If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. [FN3] If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the court shall sentence the defendant to death. If the court does not concur with the jury determination that death is the appropriate sentence, the court shall set forth reasons in writing including what facts or circumstances the court relied upon, along with any relevant documents, that compelled the court to non-concur with the sentence. This document and any attachments shall be part of the record for appellate review. The court shall be bound by the jury's sentencing determination.
If after weighing the factors in aggravation and mitigation, one or more jurors determines that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
(h) Procedure--No Jury.
In a proceeding before the court alone, if the court finds that none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of first degree murder by a judge or jury, or a case on remand for resentencing, and the State seeks the death penalty as an appropriate sentence, on the court's own motion or the written motion of the defendant, the court may decertify the case as a death penalty case if the court finds that the only evidence supporting the defendant's conviction is the uncorroborated testimony of an informant witness, as defined in Section 115-21 of the Code of Criminal Procedure of 1963, concerning the confession or admission of the defendant or that the sole evidence against the defendant is a single eyewitness or single accomplice without any other corroborating evidence. If the court decertifies the case as a capital case under either of the grounds set forth above, the court shall issue a written finding. The State may pursue its right to appeal the decertification pursuant to Supreme Court Rule 604(a)(1). If the court does not decertify the case as a capital case, the matter shall proceed to the eligibility phase of the sentencing hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. The Illinois Supreme Court may overturn the death sentence, and order the imposition of imprisonment under Chapter V of the Unified Code of Corrections if the court finds that the death sentence is fundamentally unjust as applied to the particular case. If the Illinois Supreme Court finds that the death sentence is fundamentally unjust as applied to the particular case, independent of any procedural grounds for relief, the Illinois Supreme Court shall issue a written opinion explaining this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections.
In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association shall consult on voluntary guidelines for procedures governing whether or not to seek the death penalty. The guidelines do not have the force of law and are only advisory in nature.
CREDIT(S)
Laws 1961, p. 1983, § 9-1, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 78-921, § 1, eff. July 1, 1974; P.A. 80-26, § 1, eff. June 21, 1977; P.A. 80-1495, § 17, eff. Jan. 8, 1979; P.A. 82-677, § 1, eff. July 1, 1982; P.A. 82-1025, § 1, eff. Dec. 15, 1982; P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 84-1450, § 2, eff. July 1, 1987; P.A. 85-404, § 1, eff. Jan. 1, 1988; P.A. 86-806, § 1, eff. Jan. 1, 1990; P.A. 86-834, § 1, eff. Sept. 7, 1989; P.A. 86-1012, § 3, eff. July 1, 1990; P.A. 86-1475, Art. 2, § 2-12, eff. Jan. 10, 1991; P.A. 87-525, § 1, eff. Jan. 1, 1992; P.A. 87-921, § 1, eff. Jan. 1, 1993; P.A. 88-176, § 5, eff. Jan. 1, 1994; P.A. 88-433, § 5, eff. Jan. 1, 1994; P.A. 88-670, Art. 2, § 2-64, eff. Dec. 2, 1994; P.A. 88-677, § 20, eff. Dec. 15, 1994; P.A. 88-678, § 10, eff. July 1, 1995; P.A. 89-235, Art. 2, § 2-130, eff. Aug. 4, 1995; P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996; P.A. 89-498, Art. 5, § 5-130, eff. June 27, 1996; P.A. 90-213, § 5, eff. Jan. 1, 1998; P.A. 90-651, § 5, eff. Jan. 1, 1999; P.A. 90-668, § 5, eff. Jan. 1, 1999; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 91-434, § 5, eff. Jan. 1, 2000; P.A. 92-854, § 15, eff. Dec. 5, 2002; P.A. 93-605, § 10, eff. Nov. 19, 2003; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 96-1475, § 5, eff. Jan. 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-1.
[FN1] 720 ILCS 570/401, 570/401.1, 570/401.2, 570/405, 570/405.2, 570/407, 570/407.1 or 570/404.
[FN2] 750 ILCS 60/101 et seq.
[FN3] 730 ILCS 5/5-1-1 et seq.
VALIDITY
<Retroactive application of amendment by P.A. 84-1450, which was effective July 1, 1987, to acts occurring on or after January 1, 1987 has been held unconstitutional as a violation against ex post facto laws by the Illinois Supreme Court in the case of People v. Shumpert, 126 Ill.2d 344, 533 N.E.2d 1106, 128 Ill.Dec. 18 (1989).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-1. First degree Murder--Death penalties--Exceptions--Separate Hearings--Proof--Findings--Appellate procedures--Reversals
<Notes of Decisions for 720 ILCS 5/9-1 are displayed in two separate documents. Notes of Decisions for subdivisions VII to XIII are contained in this document. For Notes of Decisions for subdivisions I to VI, see document for 720 ILCS 5/9-1, ante.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-1.1
Formerly cited as IL ST CH 38 ¶ 9-1.1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-1.1. § 9-1.1. Repealed by P.A. 84-1414, § 2, eff. Sept. 19, 1986; P.A. 85-293, Art. II, § 21, eff. Sept. 8, 1987
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-1.2
Formerly cited as IL ST CH 38 ¶ 9-1.2
Effective: July 2, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-1.2. Intentional Homicide of an Unborn Child
§ 9-1.2. Intentional Homicide of an Unborn Child.
(a) A person commits the offense of intentional homicide of an unborn child if, in performing acts which cause the death of an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great bodily harm to the pregnant woman or her unborn child or knew that such acts would cause death or great bodily harm to the pregnant woman or her unborn child; or
(2) knew that his acts created a strong probability of death or great bodily harm to the pregnant woman or her unborn child; and
(3) knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, [FN1] to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to prohibit the prosecution of any person under any other provision of law.
CREDIT(S)
Laws 1961, p. 1983, § 9-1.2, added by P.A. 84-1414, § 1, eff. Sept. 19, 1986. Amended by P.A. 85-293, Art. III, § 13, eff. Sept. 8, 1987; P.A. 91-404, § 5, eff. Jan. 1, 2000; P.A. 96-1000, § 600, eff. July 2, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-1.2.
[FN1] 720 ILCS 510/2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-2
Formerly cited as IL ST CH 38 ¶ 9-2
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-2. Second degree murder
§ 9-2. Second degree murder.
(a) A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present:
(1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
(2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable.
(b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.
(c) When evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. The burden of proof, however, remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code.
(d) Sentence. Second degree murder is a Class 1 felony.
CREDIT(S)
Laws 1961, p. 1983, § 9-2, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 82-517, § 1, eff. Jan. 1, 1982; P.A. 84-1450, § 2, eff. July 1, 1987; P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-2.1
Formerly cited as IL ST CH 38 ¶ 9-2.1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-2.1. Voluntary Manslaughter of an Unborn Child
§ 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) A person who kills an unborn child without lawful justification commits voluntary manslaughter of an unborn child if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the unborn child.
Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.
(b) A person who intentionally or knowingly kills an unborn child commits voluntary manslaughter of an unborn child if at the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.
(c) Sentence. Voluntary Manslaughter of an unborn child is a Class 1 felony.
(d) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
(e) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, [FN1] to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
CREDIT(S)
Laws 1961, p. 1983, § 9-2.1, added by P.A. 84-1414, § 1, eff. Sept. 19, 1986.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-2.1.
[FN1] 720 ILCS 510/2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3
Formerly cited as IL ST CH 38 ¶ 9-3
Effective: August 11, 2009
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3. Involuntary Manslaughter and Reckless Homicide
§ 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-2) Except as provided in subsection (e-3), in cases involving reckless homicide in which the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the penalty is a Class 2 felony, for which a person, 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.
(e-3) In cases involving reckless homicide in which (i) the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties and (ii) the defendant causes the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in cases involving reckless homicide in which the defendant: (1) was driving in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control, the penalty is a Class 2 felony, for which a person, 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.
(e-8) In cases involving reckless homicide in which the defendant caused the deaths of 2 or more persons as part of a single course of conduct and: (1) was driving in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(e-9) In cases involving reckless homicide in which the defendant drove a vehicle and used an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne, and caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony.
(e-10) In cases involving involuntary manslaughter or reckless homicide resulting in the death of a peace officer killed in the performance of his or her duties as a peace officer, the penalty is a Class 2 felony.
(e-11) In cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone, as defined in Section 11-605 of the Illinois Vehicle Code, while children are present or in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, when construction or maintenance workers are present the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also either driving at a speed of more than 20 miles per hour in excess of the posted speed limit or violating Section 11-501 of the Illinois Vehicle Code.
(e-12) Except as otherwise provided in subsection (e-13), in cases involving reckless homicide in which the offense was committed as result of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, 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.
(e-13) In cases involving reckless homicide in which the offense was committed as result of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(e-14) In cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also violating subsection (c) of Section 11-907 of the Illinois Vehicle Code. The penalty for a reckless homicide in which the driver also violated subsection (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 felony, for which a person, 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.
(f) In cases involving involuntary manslaughter in which the victim was a family or household member as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for which a person 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.
CREDIT(S)
Laws 1961, p. 1983, § 9-3, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-679, § 1, eff. Oct. 1, 1975; P.A. 84-272, § 2, eff. Jan. 1, 1986; P.A. 86-1317, § 1, eff. Jan. 1, 1991; P.A. 87-274, § 1, eff. Jan. 1, 1992; P.A. 87-1198, § 2, eff. Sept. 25, 1992; P.A. 90-43, § 10, eff. July 2, 1997; P.A. 90-119, § 5, eff. Jan. 1, 1998; P.A. 90-655, § 160, eff. July 30, 1998; P.A. 91-6, § 5, eff. Jan. 1, 2000; P.A. 91-122, § 5, eff. Jan. 1, 2000; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 93-178, § 5, eff. June 1, 2004; P.A. 93-213, § 7, eff. July 18, 2003; P.A. 93-682, § 10, eff. Jan. 1, 2005; P.A. 95-467, § 10, eff. June 1, 2008; P.A. 95-551, § 5, eff. June 1, 2008; P.A. 95-587, § 5, eff. June 1, 2008; P.A. 95-591, § 2, eff. Sept. 10, 2007; P.A. 95-803, § 10, eff. Jan. 1, 2009; P.A. 95-876, § 315, eff. Aug. 21, 2008; P.A. 95-884, § 10, eff. Jan. 1, 2009; P.A. 96-328, § 330, eff. Aug. 11, 2009.
VALIDITY
<Subsection (b) of this section, creating a mandatory presumption that the defendant was acting recklessly if the reckless homicide occurred when the defendant was under the influence of drugs or alcohol and shifting the burden to the defendant to disprove the presumption, was held unconstitutional by People v. Singmouangthong, App. 2 Dist.2002, 268 Ill.Dec. 404, 334 Ill.App.3d 542, 778 N.E.2d 390, appeal denied 272 Ill.Dec. 364, 202 Ill.2d 693, 787 N.E.2d 179.>
<Subsection (b) has been held unconstitutional as a violation of due process rights in the case of People v. Pomykala, App. 3 Dist. 2001, 259 Ill.Dec. 855, 326 Ill.App.3d 390, 759 N.E.2d 916.>
<Subsection (b) of this section was deleted by the amendment by P.A. 93-213, but was retained in the amendment by P.A. 93-178.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3-1.5
Effective: August 11, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3-1.5. § 9-3-1.5. Renumbered as § 9-3.5 by P.A. 97-333, § 550, eff. Aug. 11, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3.1
Formerly cited as IL ST CH 38 ¶ 9-3.1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3.1. § 9-3.1. Renumbered as § 9-3.4 by P.A. 96-710, § 25, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3.2
Formerly cited as IL ST CH 38 ¶ 9-3.2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3.2. Involuntary Manslaughter and Reckless Homicide of an Unborn Child
§ 9-3.2. Involuntary Manslaughter and Reckless Homicide of an Unborn Child. (a) A person who unintentionally kills an unborn child without lawful justification commits involuntary manslaughter of an unborn child if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of death consists of the driving of a motor vehicle, in which case the person commits reckless homicide of an unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3 felony.
(c) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
(d) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, [FN1] to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed to prohibit the prosecution of any person under any other provision of law, nor shall it be construed to preclude any civil cause of action.
CREDIT(S)
Laws 1961, p. 1983, § 9-3.2, added by P.A. 84-1414, § 1, eff. Sept. 19, 1986.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-3.2.
[FN1] 720 ILCS 510/2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3.3
Formerly cited as IL ST CH 38 ¶ 9-3.3
Effective: July 22, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3.3. Drug-induced homicide
§ 9-3.3. Drug-induced homicide.
(a) A person who violates Section 401 of the Illinois Controlled Substances Act [FN1] or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance, commits the offense of drug-induced homicide.
(b) Sentence. Drug-induced homicide is a Class X felony.
(c) A person who commits drug-induced homicide by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act commits a Class X felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years.
CREDIT(S)
Laws 1961, p. 1983, § 9-3.3, added by P.A. 85-1259, § 1, eff. Jan. 1, 1989. Amended by P.A. 87-1198, § 2, eff. Sept. 25, 1992; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 92-256, § 5, eff. Jan. 1, 2002; P.A. 94-556, § 1055, eff. Sept. 11, 2005; P.A. 94-560, § 5, eff. Jan. 1, 2006; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 97-191, § 5, eff. July 22, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-3.3.
[FN1] 720 ILCS 570/401.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3.4
Formerly cited as IL ST CH 38 ¶ 9-3.1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3.4. Concealment of homicidal death
§ 9-3.4. Concealment of homicidal death. (a) A person commits the offense of concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means.
(b) Nothing in this Section prevents the defendant from also being charged with and tried for the first degree murder, second degree murder, or involuntary manslaughter of the person whose death is concealed.
(b-5) For purposes of this Section:
"Conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death by homicidal means. "Conceal" means something more than simply withholding knowledge or failing to disclose information.
"Homicidal means" means any act or acts, lawful or unlawful, of a person that cause the death of another person.
(c) Sentence. Concealment of homicidal death is a Class 3 felony.
CREDIT(S)
Laws 1961, p. 1983, § 9-3.1, added by P.A. 77-1369, § 1, eff. Aug. 31, 1971. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 78-255, § 61, eff. Oct. 1, 1973; P.A. 84-1308, Art. III, § 23, eff. Aug. 25, 1986; P.A. 84-1450, § 2, eff. July 1, 1987. Renumbered and amended as § 9-3.4 by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 9-3.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-3.5
Effective: August 12, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-3.5. Concealment of death
§ 9-3.5. Concealment of death.
(a) For purposes of this Section, "conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death. "Conceal" means something more than simply withholding knowledge or failing to disclose information.
(b) A person commits the offense of concealment of death when he or she knowingly conceals the death of any other person who died by other than homicidal means.
(c) A person commits the offense of concealment of death when he or she knowingly moves the body of a dead person from its place of death, with the intent of concealing information regarding the place or manner of death of that person, or the identity of any person with information regarding the death of that person. This subsection shall not apply to any movement of the body of a dead person by medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors, or by any person acting at the direction of medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors.
(d) Sentence. Concealment of death is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 9-3-1.5, added by P.A. 96-1361, § 5, eff. Jan. 1, 2011. Renumbered as § 9-3.5, by P.A. 97-333, § 550, eff. Aug. 12, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/9-4
Formerly cited as IL ST CH 38 ¶ 9-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 9. Homicide (Refs & Annos)
5/9-4. § 9-4. Repealed by P.A. 85-411, § 1, eff. Jan. 1, 1988
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 10, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-1
Formerly cited as IL ST CH 38 ¶ 10-1
Effective: January 1, 2012
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-1. Kidnaping
§ 10-1. Kidnapping.
(a) A person commits the offense of kidnapping when he or she knowingly:
(1) and secretly confines another against his or her will;
(2) by force or threat of imminent force carries another from one place to another with intent secretly to confine that other person against his or her will; or
(3) by deceit or enticement induces another to go from one place to another with intent secretly to confine that other person against his or her will.
(b) Confinement of a child under the age of 13 years, or of a severely or profoundly intellectually disabled person, is against that child's or person's will within the meaning of this Section if that confinement is without the consent of that child's or person's parent or legal guardian.
(c) Sentence. Kidnapping is a Class 2 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-1, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-765, § 1, eff. Sept. 5, 1975; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 97-227, § 135, eff. Jan. 1, 2012.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-2
Formerly cited as IL ST CH 38 ¶ 10-2
Effective: January 1, 2012
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-2. Aggravated kidnaping
§ 10-2. Aggravated kidnaping.
(a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the person kidnaped or from any other person;
(2) takes as his or her victim a child under the age of 13 years, or a severely or profoundly intellectually disabled person;
(3) inflicts great bodily harm, other than by the discharge of a firearm, or commits another felony upon his or her victim;
(4) wears a hood, robe, or mask or conceals his or her identity;
(5) commits the offense of kidnaping while armed with a dangerous weapon, other than a firearm, as defined in Section 33A-1 of this Code;
(6) commits the offense of kidnaping while armed with a firearm;
(7) during the commission of the offense of kidnaping, personally discharges a firearm; or
(8) during the commission of the offense of kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
As used in this Section, "ransom" includes money, benefit, or other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A violation of subsection (a)(6) 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)(7) 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)(8) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense of aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except that a sentence of natural life imprisonment shall not be imposed under this Section unless the second or subsequent offense was committed after conviction on the first offense.
CREDIT(S)
Laws 1961, p. 1983, § 10-2, eff. Jan. 1, 1962. Amended by Laws 1967, p. 2837, § 1, eff. Aug. 11, 1967; Laws 1967, p. 3510, § 1, eff. Sept. 1, 1967; Laws 1968, p. 539, § 1, eff. July 1, 1969; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-765, § 1, eff. Sept. 5, 1975; P.A. 80-1099, § 1, eff. Feb. 1, 1978; P.A. 85-1392, § 1, eff. Jan. 1, 1989; P.A. 89-707, § 15, eff. June 1, 1997; P.A. 91-404, § 5, eff. Jan. 1, 2000; P.A. 92-434, § 5, eff. Jan. 1, 2002; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 97-227, § 135, eff. Jan. 1, 2012.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-2.
VALIDITY
<The Appellate Court held subsection (b) unconstitutional for violating the proportionate penalties clause of the Illinois Constitution in the case of People v. Baker, 341 Ill. App. 3d 1083 (2003). But see People v. Sharpe, 216 Ill. 2d 481 (2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-3
Formerly cited as IL ST CH 38 ¶ 10-3
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-3. Unlawful restraint
§ 10-3. Unlawful restraint.
(a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.
(b) Sentence. Unlawful restraint is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-3, eff. Jan. 1, 1962. Amended by Laws 1967, p. 3510, § 1, eff. Sept. 1, 1967; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-840, § 1, eff. Oct. 1, 1975; P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-3.1
Formerly cited as IL ST CH 38 ¶ 10-3.1
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-3.1. Aggravated unlawful restraint
§ 10-3.1. Aggravated unlawful restraint.
(a) A person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.
(b) Sentence. Aggravated unlawful restraint is a Class 3 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-3.1, added by P.A. 84-930, § 1, eff. Jan. 1, 1986. Amended by P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-3.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-4
Formerly cited as IL ST CH 38 ¶ 10-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-4. Forcible Detention
§ 10-4. Forcible Detention. (a) A person commits the offense of forcible detention when he holds an individual hostage without lawful authority for the purpose of obtaining performance by a third person of demands made by the person holding the hostage, and
(1) the person holding the hostage is armed with a dangerous weapon as defined in Section 33A-1 of this Code, or
(2) the hostage is known to the person holding him to be a peace officer or a correctional employee engaged in the performance of his official duties.
(b) Forcible detention is a Class 2 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-4, added by P.A. 79-941, § 1, eff. Oct. 1, 1975.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-5
Formerly cited as IL ST CH 38 ¶ 10-5
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-5. Child abduction
§ 10-5. Child abduction.
(a) For purposes of this Section, the following terms have the following meanings:
(1) "Child" means a person who, at the time the alleged violation occurred, was under the age of 18 or severely or profoundly intellectually disabled.
(2) "Detains" means taking or retaining physical custody of a child, whether or not the child resists or objects.
(2.1) "Express consent" means oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
(2.2) "Luring" means any knowing act to solicit, entice, tempt, or attempt to attract the minor.
(3) "Lawful custodian" means a person or persons granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.
(4) "Putative father" means a man who has a reasonable belief that he is the father of a child born of a woman who is not his wife.
(5) "Unlawful purpose" means any misdemeanor or felony violation of State law or a similar federal or sister state law or local ordinance.
(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.
(2) Intentionally violates a court order prohibiting the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
(3) Intentionally conceals, detains, or removes the child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.
(4) Intentionally conceals or removes the child from a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.
(5) At the expiration of visitation rights outside the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
(6) Being a parent of the child, and if the parents of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.
(7) Being a parent of the child, and if the parents of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.
(8) Knowingly conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody.
(9) Knowingly retains in this State for 30 days a child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
(10) Intentionally lures or attempts to lure a child: (A) under the age of 17 or (B) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose. For the purposes of this item (10), the trier of fact may infer that luring or attempted luring of a child under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place without the express consent of the child's parent or lawful custodian or with the intent to avoid the express consent of the child's parent or lawful custodian was for other than a lawful purpose.
(11) With the intent to obstruct or prevent efforts to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
(c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation;
(2) the person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible;
(3) the person was fleeing an incidence or pattern of domestic violence; or
(4) the person lured or attempted to lure a child under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b).
(d) A person convicted of child abduction under this Section is guilty of a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. A person convicted of a second or subsequent violation of paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense is guilty of a Class 2 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code of Corrections [FN1] if, upon sentencing, the court finds evidence of any of the following aggravating factors:
(1) that the defendant abused or neglected the child following the concealment, detention, or removal of the child;
(2) that the defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause that parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section;
(3) that the defendant demanded payment in exchange for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child;
(4) that the defendant has previously been convicted of child abduction;
(5) that the defendant committed the abduction while armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
(6) that the defendant committed the abduction while in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.
(e) The court may order the child to be returned to the parent or lawful custodian from whom the child was concealed, detained, or removed. In addition to any sentence imposed, the court may assess any reasonable expense incurred in searching for or returning the child against any person convicted of violating this Section.
(f) Nothing contained in this Section shall be construed to limit the court's contempt power.
(g) Every law enforcement officer investigating an alleged incident of child abduction shall make a written police report of any bona fide allegation and the disposition of that investigation. Every police report completed pursuant to this Section shall be compiled and recorded within the meaning of Section 5.1 of the Criminal Identification Act. [FN2]
(h) Whenever a law enforcement officer has reasons to believe a child abduction has occurred, she or he shall provide the lawful custodian a summary of her or his rights under this Code, including the procedures and relief available to her or him.
(i) If during the course of an investigation under this Section the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or lawful custodian from whom the child was concealed, detained, or removed, unless there is good cause for the law enforcement officer or the Department of Children and Family Services to retain temporary protective custody of the child pursuant to the Abused and Neglected Child Reporting Act. [FN3]
CREDIT(S)
Laws 1961, p. 1983, § 10-5, added by P.A. 80-1393, § 1, eff. Aug. 22, 1978. Amended by P.A. 83-1396, § 2, eff. Sept. 12, 1984; P.A. 84-160, § 1, eff. Jan. 1, 1986; P.A. 84-234, § 2, eff. Sept. 3, 1985; P.A. 84-1281, § 1, eff. Aug. 15, 1986; P.A. 84-1305, Art. IV, § 401, eff. Aug. 21, 1986; P.A. 84-1308, Art. II, § 50, eff. Aug. 25, 1986; P.A. 84-1438, Art. II, § 14, eff. Dec. 22, 1986; P.A. 85-1191, § 1, eff. Jan. 1, 1989; P.A. 85-1392, § 1, eff. Jan. 1, 1989; P.A. 85-1440, Art. II, § 2-9, eff. Feb. 1, 1989; P.A. 86-312, § 1, eff. Aug. 30, 1989; P.A. 90-494, § 2, eff. Jan. 1, 1998; P.A. 92-434, § 5, eff. Jan. 1, 2002; P.A. 95-1052, § 80, eff. July 1, 2009; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 97-160, § 5, eff. Jan. 1, 2012; P.A. 97-227, § 135, eff. Jan. 1, 2012; P.A. 97-813, § 620, eff. July 13, 2012; P.A. 97-998, § 5, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-5.
[FN1] 730 ILCS 5/5-8-1.
[FN2] 20 ILCS 2630/5.1.
[FN3] 325 ILCS 5/1 et seq.
VALIDITY
<Application of statute to natural father has been held to violate the equal protection clause by the Appellate Court of Illinois, Third District, in the case of People v. Morrison, App. 3 Dist.1991, 223 Ill.App.3d 176, 584 N.E.2d 509, 165 Ill.Dec. 330.>
<Under the child abduction statute (intentionally luring or attempting to lure a child under 16 years of age into specified locations without the consent of the child's parent or guardian for other than a lawful purpose), subsection (b)(10)'s provision that luring or attempted luring is prima facie evidence of other than a lawful purpose creates a per se unconstitutional, but severable, mandatory presumption that denies due process by shifting the burden of proof to the defendant. People v. Woodrum, 223 Ill. 2d 286 (2006).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-5.1
Effective: June 1, 2008
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-5.1. Luring of a minor
§ 10-5.1. Luring of a minor.
(a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure or transport the minor away from his or her home, or other location known by the minor's parent or legal guardian to be the place where the minor is to be located;
(3) for an unlawful purpose;
(4) without the express consent of the person's parent or legal guardian;
(5) with the intent to avoid the express consent of the person's parent or legal guardian;
(6) after so communicating, commits any act in furtherance of the intent described in clause (a)(2); and
(7) is a stranger to the parents or legal guardian of the minor.
(b) A person commits the offense of luring of a minor when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport the minor away from his or her home or other location known by the minor's parent or legal guardian, to be the place where the minor is to be located;
(3) for an unlawful purpose;
(4) without the express consent of the person's parent or legal guardian;
(5) with the intent to avoid the express consent of the person's parent or legal guardian;
(6) after so communicating, commits any act in furtherance of the intent described in clause (b)(2); and
(7) is a stranger to the parents or legal guardian of the minor.
(c) Definitions. For purposes of this Section:
(1) "Emergency situation" means a situation in which the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
(2) "Express consent" means oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
(3) "Contacts or communicates electronically" includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
(4) "Luring" shall mean any knowing act to solicit, entice, tempt, or attempt to attract the minor.
(5) "Minor" shall mean any person under the age of 15.
(6) "Stranger" shall have its common and ordinary meaning, including but not limited to, a person that is either not known by the parents of the minor or does not have any association with the parents of the minor.
(7) "Unlawful purpose" shall mean any misdemeanor or felony violation of State law or a similar federal or sister state law or local ordinance.
(d) This Section may not be interpreted to criminalize an act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization.
(e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
(2) It shall be an affirmative defense to any offense under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
(3) It shall not be a defense to the prosecution of any offense under this Section 10-5.1 if the person who is contacted by the offender is posing as a minor and is in actuality an adult law enforcement officer.
(g) Penalties.
(1) A first offense of luring of a minor under subsection (a) shall be a Class 4 felony. A person convicted of luring of a minor under subsection (a) shall undergo a sex offender evaluation prior to a sentence being imposed. An offense of luring of a minor under subsection (a) when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is guilty of a Class 2 felony.
(2) A first offense of luring of a minor under subsection (b) is a Class B misdemeanor.
(3) A second or subsequent offense of luring of a minor under subsection (a) is a Class 3 felony. A second or subsequent offense of luring of a minor under subsection (b) is a Class 4 felony. A second or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class 1 felony. A defendant convicted a second time of an offense under subsection (a) or (b) shall register as a sexual predator of children pursuant to the Sex Offender Registration Act.
(4) A third or subsequent offense is a Class 1 felony. A third or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class X felony.
(h) For violations of subsection (a), jurisdiction shall be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.
CREDIT(S)
Laws 1961, p. 1983, § 10-5.1, added by P.A. 95-625, § 5, eff. June 1, 2008.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-5.5
Effective: July 2, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-5.5. Unlawful visitation or parenting time interference
§ 10-5.5. Unlawful visitation or parenting time interference.
(a) As used in this Section, the terms "child", "detain", and "lawful custodian" have the meanings ascribed to them in Section 10-5 of this Code.
(b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.
(c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.
(d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
(e) The notice shall:
(1) be in writing;
(2) state the name of the person and his or her address, if known;
(3) set forth the nature of the offense;
(4) be signed by the officer issuing the notice; and
(5) request the person to appear before a court at a certain time and place.
(f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.
(g) It is an affirmative defense that:
(1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights, parenting time, or custody time was a reasonable response to the harm believed imminent;
(2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child or parenting time with the child; or
(3) the act was otherwise authorized by law.
CREDIT(S)
Laws 1961, p. 1983, § 10-5.5, added by P.A. 88-96, § 5, eff. Jan. 1, 1994. Amended by P.A. 96-333, § 15, eff. Aug. 11, 2009; P.A. 96-675, § 5, eff. Aug. 25, 2009; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 96-1000, § 600, eff. July 2, 2010.
VALIDITY
<Subsection (h) has been held unconstitutional by the Illinois Supreme Court in the case of People v. Warren, 1996, 173 Ill.2d 348, 671 N.E.2d 700, 219 Ill.Dec. 533.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-6
Formerly cited as IL ST CH 38 ¶ 10-6
Effective: August 21, 2007
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-6. Harboring a runaway
§ 10-6. Harboring a runaway.
(a) Any person, other than an agency or association providing crisis intervention services as defined in Section 3-5 of the Juvenile Court Act of 1987, [FN1] or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969, [FN2] who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Minors Act, [FN3] for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.
(b) Any person who commits the offense of harboring a runaway is guilty of a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 10-6, added by P.A. 84-185, § 1, eff. Aug. 23, 1985. Amended by P.A. 85-1209, Art. III, § 3-30, eff. Aug. 30, 1988; P.A. 86-278, § 3, eff. Jan. 1, 1990; P.A. 86-386, § 3, eff. Jan. 1, 1990; P.A. 95-331, § 1030, eff. Aug. 21, 2007.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-6.
[FN1] 705 ILCS 405/3-5.
[FN2] 225 ILCS 10/2.21.
[FN3] 750 ILCS 30/1 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-7
Formerly cited as IL ST CH 38 ¶ 10-7
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-7. Aiding or abetting child abduction
§ 10-7. Aiding or abetting child abduction.
(a) A person violates this Section when, before or during the commission of a child abduction as defined in Section 10-5 and with the intent to promote or facilitate such offense, he or she intentionally aids or abets another in the planning or commission of child abduction, unless before the commission of the offense he or she makes proper effort to prevent the commission of the offense.
(b) Sentence. A person who violates this Section commits a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-6, added by P.A. 84-234, § 2, eff. Sept. 3, 1985. Renumbered § 10-7 and amended by P.A. 84-1308, Art. II, § 50, eff. Aug. 25, 1986; P.A. 96-710, § 25, eff. Jan. 1, 2010.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-8
Formerly cited as IL ST CH 38 ¶ 10-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-8. Unlawful sale of a public conveyance travel ticket to a minor
§ 10-8. Unlawful sale of a public conveyance travel ticket to a minor. (a) A person commits the offense of unlawful sale of a public conveyance travel ticket to a minor when the person sells a ticket for travel on any public conveyance to an unemancipated minor under 17 years of age without the consent of the minor's parents or guardian for passage to a destination outside this state and knows the minor's age or fails to take reasonable measures to ascertain the minor's age.
(b) Evidence. The fact that the defendant demanded, was shown, and reasonably relied upon written evidence of a person's age in any transaction forbidden by this Section is competent evidence, and may be considered in any criminal prosecution for a violation of this Section.
(c) Definition. "Public Conveyance", includes an airplane, boat, bus, railroad, train, taxicab or other vehicle used for the transportation of passengers for hire.
(d) Sentence. Unlawful sale of a public conveyance travel ticket to a minor is a Class C misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 10-8, added by P.A. 86-336, § 1, eff. Jan. 1, 1990.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 10-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-8.1
Effective: June 1, 2009
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-8.1. Unlawful sending of a public conveyance travel ticket to a minor
§ 10-8.1. Unlawful sending of a public conveyance travel ticket to a minor.
(a) In this Section, "public conveyance" has the meaning ascribed to it in Section 10-8 of this Code.
(b) A person commits the offense of unlawful sending of a public conveyance travel ticket to a minor when the person without the consent of the minor's parent or guardian:
(1) knowingly sends, causes to be sent, or purchases a public conveyance travel ticket to any location for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law; or
(2) knowingly arranges for travel to any location on any public conveyance for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law.
(b-5) 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.
(c) Sentence. Unlawful sending of a public conveyance travel ticket to a minor is a Class A misdemeanor. A person who commits unlawful sending of a public conveyance travel ticket to a minor who believes that he or she is at least 5 years older than the minor is guilty of a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-8.1, added by P.A. 95-983, § 105, eff. June 1, 2009.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-9
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-9. Trafficking in persons, involuntary servitude, and related offenses
§ 10-9. Trafficking in persons, involuntary servitude, and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in Section 12-6.
(2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.
(3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act.
(4) (Blank).
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service.
(7) "Obtain" means, in relation to labor or services, to secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.
(8) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution.
(9) "Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to the practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means:
(1) causes or threatens to cause physical harm to any person;
(2) physically restrains or threatens to physically restrain another person;
(3) abuses or threatens to abuse the law or legal process;
(4) knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
(5) uses intimidation, or exerts financial control over any person; or
(6) uses any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and:
(1) there is no overt force or threat and the minor is between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection is a Class 1 felony.
(e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this Section, a victim suffered bodily injury, the defendant may be sentenced to an extended- term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.
(2) Number of victims. In determining sentences within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.
(g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
(i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
(j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
CREDIT(S)
Laws 1961, p. 1983, § 10-9, added by P.A. 96-710, § 25, eff. Jan. 1, 2010. Amended by P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 97-897, § 15, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10-10
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10. Kidnaping and Related Offenses (Refs & Annos)
5/10-10. Failure to report the death or disappearance of a child under 13 years of age
§ 10-10. Failure to report the death or disappearance of a child under 13 years of age.
(a) A parent, legal guardian, or caretaker of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. In the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour.
(b) A parent, legal guardian, or caretaker of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance.
(c) The Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in subsection (a) or (b) of this Section.
(d) A parent, legal guardian, or caretaker does not commit the offense of failure to report the death or disappearance of a child under 13 years of age when:
(1) the failure to report is due to an act of God, act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child;
(2) the parent, legal guardian, or caretaker calls 911 to report the disappearance of the child;
(3) the parent, legal guardian, or caretaker knows that the child is under the care of another parent, family member, relative, friend, or baby sitter; or
(4) the parent, legal guardian, or caretaker is hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting the death or disappearance.
(e) Sentence. A violation of this Section is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 10-10, added by P.A. 97-1079, § 5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 10A, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10A. Trafficking of Persons and Involuntary Servitude [Repealed]
DATE EFFECTIVE
<Article 10A added effective January 1, 2006>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10A-5
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10A. Trafficking of Persons and Involuntary Servitude [Repealed] (Refs & Annos)
5/10A-5 to 5/10A-20. § 10A-5 to § 10A-20. Repealed by P.A. 96-710, § 30, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10A-10
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10A. Trafficking of Persons and Involuntary Servitude [Repealed] (Refs & Annos)
5/10A-5 to 5/10A-20. § 10A-5 to § 10A-20. Repealed by P.A. 96-710, § 30, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10A-15
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10A. Trafficking of Persons and Involuntary Servitude [Repealed] (Refs & Annos)
5/10A-5 to 5/10A-20. § 10A-5 to § 10A-20. Repealed by P.A. 96-710, § 30, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/10A-20
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 10A. Trafficking of Persons and Involuntary Servitude [Repealed] (Refs & Annos)
5/10A-5 to 5/10A-20. § 10A-5 to § 10A-20. Repealed by P.A. 96-710, § 30, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 11, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-0.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 1. General Definitions
5/11-0.1. Definitions
§ 11-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated:
"Accused" means a person accused of an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code.
"Adult obscenity or child pornography Internet site". See Section 11-23.
"Advance prostitution" means:
(1) Soliciting for a prostitute by performing any of the following acts when acting other than as a prostitute or a patron of a prostitute:
(A) Soliciting another for the purpose of prostitution.
(B) Arranging or offering to arrange a meeting of persons for the purpose of prostitution.
(C) Directing another to a place knowing the direction is for the purpose of prostitution.
(2) Keeping a place of prostitution by controlling or exercising control over the use of any place that could offer seclusion or shelter for the practice of prostitution and performing any of the following acts when acting other than as a prostitute or a patron of a prostitute:
(A) Knowingly granting or permitting the use of the place for the purpose of prostitution.
(B) Granting or permitting the use of the place under circumstances from which he or she could reasonably know that the place is used or is to be used for purposes of prostitution.
(C) Permitting the continued use of the place after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution.
"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent". See Section 11-1.70.
"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.
"Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations:
(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or
(2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.
"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section 11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than as a prostitute, to receive anything of value for personally rendered prostitution services or to receive anything of value from a prostitute, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"Sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
CREDIT(S)
Laws 1961, p. 1983, § 11-0.1, added by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1
Formerly cited as IL ST CH 38 ¶ 11-1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1. § 11-1. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984; P.A. 83-1362, Art. II, § 40, eff. Sept. 11, 1984.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.10
Formerly cited as IL ST CH 38 ¶ 12-18; 720 ILCS 5/12-18
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60
§ 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.
(a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code shall be presumed to be incapable of committing an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code because of age, physical condition or relationship to the victim. Nothing in this Section shall be construed to modify or abrogate the affirmative defense of infancy under Section 6-1 of this Code or the provisions of Section 5-805 of the Juvenile Court Act of 1987.
(b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(c) (Blank).
(d) (Blank).
(e) After a finding at a preliminary hearing that there is probable cause to believe that an accused has committed a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or after an indictment is returned charging an accused with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or after a finding that a defendant charged with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to preliminary hearing, at the request of the person who was the victim of the violation of Section 11-1.20, 11-1.30, or 11-1.40, the prosecuting State's attorney shall seek an order from the court to compel the accused to be tested within 48 hours for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV). The medical tests shall be performed only by appropriately licensed medical practitioners. Such testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a positive result, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. The results of the tests and any follow-up tests shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the judge who entered the order, for the judge's inspection in camera. The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the result of the testing may be revealed; however, in no case shall the identity of the victim be disclosed. The court shall order that the cost of the tests shall be paid by the county, and shall be taxed as costs against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, the law enforcement officer shall advise the victim about seeking medical treatment and preserving evidence.
(g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
(1) An explanation to the victim about the nature and effects of commonly used controlled substances and how such controlled substances are administered.
(2) An offer to the victim of testing for the presence of such controlled substances.
(3) A disclosure to the victim that all controlled substances or alcohol ingested by the victim will be disclosed by the test.
(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample analysis of all controlled substances and alcohol ingested by the victim.
A physician licensed to practice medicine in all its branches may agree to be a designated person under this subsection.
No sample analysis may be performed unless the victim returns a signed written authorization within 30 days after the sample was collected.
Any medical treatment or care under this subsection shall be only in accordance with the order of a physician licensed to practice medicine in all of its branches. Any testing under this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.
CREDIT(S)
Laws 1961, p. 1983, § 12-18, added by P.A. 83-1067, § 1, eff. July 1, 1984. Amended by P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 85-688, § 1, eff. Jan. 1, 1988; P.A. 85-1209, Art. III, § 3-30, eff. Aug. 30, 1988; P.A. 86-770, § 1, eff. Jan. 1, 1990; P.A. 87-763, § 1, eff. Oct. 4, 1991; P.A. 88-421, § 5, eff. Jan. 1, 1994; P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996; P.A. 90-590, Art. 2001, § 2001-20, eff. Jan. 1, 1999; P.A. 90-735, § 5, eff. Aug. 11, 1998; P.A. 91-271, § 5, eff. Jan. 1, 2000; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 92-81, § 5, eff. July 12, 2001; P.A. 93-958, § 5, eff. Aug. 20, 2004; P.A. 94-397, § 5, eff. Jan. 1, 2006; P.A. 95-926, § 5, eff. Aug. 26, 2008. Renumbered and amended as § 11-1.10 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011. Amended by P.A. 97-244, § 15, eff. Aug. 4, 2011; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-18.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.20
Formerly cited as IL ST CH 38 ¶ 12-13; 720 ILCS 5/12-13
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.20. Criminal Sexual Assault
§ 11-1.20. Criminal Sexual Assault.
(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is under 18 years of age; or
(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony, except that:
(A) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) 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 criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.
(B) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) 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 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 (B) to apply.
(C) A second or subsequent conviction for a violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-13, added by P.A. 83-1067, § 1, eff. July 1, 1984. Amended by P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 85-837, § 2, eff. Jan. 1, 1988; P.A. 85-1030, § 2, eff. July 1, 1988; P.A. 85-1209, Art. II, § 2-23, eff. Aug. 30, 1988; P.A. 85-1440, Art. II, § 2-9, eff. Feb. 1, 1989; P.A. 90-396, § 5, eff. Jan. 1, 1998; P.A. 95-640, § 10, eff. June 1, 2008. Renumbered and amended as § 11-1.20 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-13.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.30
Formerly cited as IL ST CH 38 ¶ 12-14; 720 ILCS 5/12-14
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.30. Aggravated Criminal Sexual Assault
§ 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:
(1) the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
(2) the person causes bodily harm to the victim, except as provided in paragraph (10);
(3) the person acts in a manner that threatens or endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;
(5) the victim is 60 years of age or older;
(6) the victim is a physically handicapped person;
(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;
(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during the commission of the offense; or
(10) the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) A person commits aggravated criminal sexual assault if that person is under 17 years of age and: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a severely or profoundly intellectually disabled person.
(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.
CREDIT(S)
Laws 1961, p. 1983, § 12-14, added by P.A. 83-1067, § 1, eff. July 1, 1984. Amended by P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 85-691, § 1, eff. Jan. 1, 1988; P.A. 85-1392, § 1, eff. Jan. 1, 1989; P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996; P.A. 90-396, § 5, eff. Jan. 1, 1998; P.A. 90-735, § 5, eff. Aug. 11, 1998; P.A. 91-404, § 5, eff. Jan. 1, 2000; P.A. 92-434, § 5, eff. Jan. 1, 2002; P.A. 92-502, § 10, eff. Dec. 19, 2001; P.A. 92-721, § 5, eff. Jan. 1, 2003. Renumbered and amended as § 11-1.30 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011. Amended by P.A. 97-227, § 135, Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-14.
VALIDITY
<Subsection (d)(1)'s mandatory 15-year sentence enhancement for the commission of criminal sexual assault with a firearm (aggravated criminal sexual assault under subsection (a)(8)) violated the proportionate penalty clause of the Illinois Constitution by imposing a penalty more severe than the penalty for armed violence predicated on criminal sexual assault with a category I weapon (including firearms) under Sections 33A-2 and 33A-3 of the Criminal Code of 1961, which consists of the identical elements. People v. Hampton, 363 Ill. App. 3d 293 (2006).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.40
Formerly cited as 720 ILCS 5/12-14.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.40. Predatory criminal sexual assault of a child
§ 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a child if that person commits an act of sexual penetration, is 17 years of age or older, and:
(1) the victim is under 13 years of age; or
(2) the victim is under 13 years of age and that person:
(A) is armed with a firearm;
(B) personally discharges a firearm during the commission of the offense;
(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.
(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)(2)(A) 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)(2)(B) 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)(C) 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)(2)(D) 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.
CREDIT(S)
Laws 1961, p. 1983, § 12-14.1, added by P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996. Amended by P.A. 90-396, § 5, eff. Jan. 1, 1998; P.A. 90-735, § 5, eff. Aug. 11, 1998; P.A. 91-238, § 5, eff. Jan. 1, 2000; P.A. 91-404, § 5, eff. Jan. 1, 2000; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 95-640, § 10, eff. June 1, 2008. Renumbered and amended as § 11-1.40 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.50
Formerly cited as IL ST CH 38 ¶ 12-15; 720 ILCS 5/12-15
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.50. Criminal sexual abuse
§ 11-1.50. Criminal sexual abuse.
(a) A person commits criminal sexual abuse if that person :
(1) commits an act of sexual conduct by the use of force or threat of force; or
(2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.
(b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
(c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.
(d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
CREDIT(S)
Laws 1961, p. 1983, § 12-15, added by P.A. 83-1067, § 1, eff. July 1, 1984. Amended by P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 85-651, § 1, eff. Jan. 1, 1988; P.A. 91-389, § 5, eff. Jan. 1, 2000. Renumbered and amended as § 11-1.50 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-15.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.60
Formerly cited as IL ST CH 38 ¶ 12-16; 720 ILCS 5/12-16
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.60. Aggravated Criminal Sexual Abuse
§ 11-1.60. Aggravated Criminal Sexual Abuse.
(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:
(1) the person displays, threatens to use, or uses a dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a physically handicapped person;
(5) the person acts in a manner that threatens or endangers the life of the victim or any other person;
(6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or
(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.
(b) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i) commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
(2) that person is under 17 years of age and: (i) commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
(d) A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.
(e) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a severely or profoundly intellectually disabled person.
(f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-16, added by P.A. 83-1067, § 1, eff. July 1, 1984. Amended by P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 85-651, § 1, eff. Jan. 1, 1988; P.A. 85-691, § 1, eff. Jan. 1, 1988; P.A. 85-1030, § 2, eff. July 1, 1988; P.A. 85-1209, Art. II, § 2-23, eff. Aug. 30, 1988; P.A. 85-1392, § 1, eff. Jan. 1, 1989; P.A. 85-1440, Art. II, § 2-9, eff. Feb. 1, 1989; P.A. 88-99, § 5, eff. July 20, 1993; P.A. 89-586, § 5, eff. Jan. 1, 1997; P.A. 90-735, § 5, eff. Aug. 11, 1998; P.A. 92-434, § 5, eff. Jan. 1, 2002. Renumbered and amended as § 11-1.60 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011. Amended by P.A. 97-227, § 135, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-16.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.70
Formerly cited as IL ST CH 38 ¶ 12-17; 720 ILCS 5/12-17
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60
§ 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.
(a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
(b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.
(c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
CREDIT(S)
Laws 1961, p. 1983, § 12-17, added by P.A. 83-1067, § 1, eff. July 1, 1984. Amended by P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 85-651, § 1, eff. Jan. 1, 1988; P.A. 87-438, § 1, eff. Jan. 1, 1992; P.A. 87-457, § 1, eff. Jan. 1, 1992; P.A. 87-895, Art. 2, § 2-19, eff. Aug. 14, 1992; P.A. 93-389, § 5, eff. July 25, 2003. Renumbered and amended as § 11-1.70 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-17.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-1.80
Formerly cited as IL ST CH 38 ¶ 12-18.1; 720 ILCS 5/12-18.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-1.80. Civil Liability
§ 11-1.80. Civil Liability.
(a) If any person has been convicted of any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16. No victim may recover in any such action unless he or she proves by a preponderance of the evidence that: (1) the reading or viewing of the specific obscene material manufactured, produced, or distributed wholesale by the defendant proximately caused the person convicted of the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 to commit such violation and (2) the defendant knew or had reason to know that the manufacture, production, or wholesale distribution of such material was likely to cause a violation of an offense substantially of the type enumerated.
(b) The manufacturer, producer or wholesale distributor shall be liable to the victim for:
(1) actual damages incurred by the victim, including medical costs;
(2) court costs and reasonable attorneys fees;
(3) infliction of emotional distress;
(4) pain and suffering; and
(5) loss of consortium.
(c) Every action under this Section shall be commenced within 3 years after the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15 or 12-16 of this Code. However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.
(d) For the purposes of this Section:
(1) "obscene" has the meaning ascribed to it in subsection (b) of Section 11-20 of this Code;
(2) "wholesale distributor" means any individual, partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;
(3) "producer" means any individual, partnership, corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
(4) "manufacturer" means any individual, partnership, corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
CREDIT(S)
Laws 1961, p. 1983, § 12-18.1, added by P.A. 86-857, § 1, eff. Jan. 1, 1990. Renumbered and amended as § 11-1.80 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011. Amended by P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-18.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-2 to 5/11-5
Formerly cited as IL ST CH 38 ¶¶ 11-2 to 11-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-2 to 5/11-5. §§ 11-2 to 11-5. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984; P.A. 83-1362, Art. II, § 40, eff. Sept. 11, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-3
Formerly cited as IL ST CH 38 ¶¶ 11-2 to 11-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-2 to 5/11-5. §§ 11-2 to 11-5. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984; P.A. 83-1362, Art. II, § 40, eff. Sept. 11, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-4
Formerly cited as IL ST CH 38 ¶¶ 11-2 to 11-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-2 to 5/11-5. §§ 11-2 to 11-5. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984; P.A. 83-1362, Art. II, § 40, eff. Sept. 11, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-4.1
Formerly cited as IL ST CH 38 ¶¶ 11-2 to 11-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-2 to 5/11-5. §§ 11-2 to 11-5. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984; P.A. 83-1362, Art. II, § 40, eff. Sept. 11, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-5
Formerly cited as IL ST CH 38 ¶¶ 11-2 to 11-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-2 to 5/11-5. §§ 11-2 to 11-5. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984; P.A. 83-1362, Art. II, § 40, eff. Sept. 11, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-6
Formerly cited as IL ST CH 38 ¶ 11-6
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-6. Indecent solicitation of a child
§ 11-6. Indecent solicitation of a child.
(a) A person of the age of 17 years and upwards commits indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 11-0.1 of this Code.
(a-5) A person of the age of 17 years and upwards commits indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.
(a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
(b) Definitions. As used in this Section:
"Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
"Child" means a person under 17 years of age.
"Internet" has the meaning set forth in Section 16-0.1 of this Code.
"Sexual penetration" or "sexual conduct" are defined in Section 11-0.1 of this Code.
(c) Sentence. Indecent solicitation of a child under subsection (a) is:
(1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;
(2) a Class 2 felony when the act, if done, would be criminal sexual assault;
(3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.
Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-6, eff. Jan. 1, 1962. Amended by Laws 1967, p. 3510, § 1, eff. Sept. 1, 1967; Laws 1968, p. 22, § 1, eff. Aug. 17, 1968; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 84-160, § 1, eff. Jan. 1, 1986; P.A. 84-1280, § 1, eff. Aug. 15, 1986; P.A. 89-8, Art. 25, § 25-5, eff. March 21, 1995; P.A. 89-203, § 10, eff. July 21, 1995; P.A. 89-428, Art. 2, § 260, eff. Dec. 13, 1995; P.A. 89-462, Art. 2, § 260, eff. May 29, 1996; P.A. 91-226, § 5, eff. July 22, 1999; P.A. 95-143, § 5, eff. Jan. 1, 2008; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-6.
VALIDITY
<On November 18, 1999, the Supreme Court of Illinois held that P.A. 89-203 violated the single-subject rule of the Illinois Constitution in the case of People v. Wooters, 1999, 243 Ill.Dec. 33, 188 Ill.2d 500, 722 N.E.2d 1102.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-6.5
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-6.5. Indecent solicitation of an adult
§ 11-6.5. Indecent solicitation of an adult.
(a) A person commits indecent solicitation of an adult if the person knowingly:
(1) Arranges for a person 17 years of age or over to commit an act of sexual penetration as defined in Section 11-0.1 with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the age of 17 years; or
(2) Arranges for a person 17 years of age or over to commit an act of sexual conduct as defined in Section 11-0.1 with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under the age of 17 years.
(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X felony.
(2) Violation of paragraph (a)(1)(ii) is a Class 1 felony.
(3) Violation of paragraph (a)(2)(i) is a Class 2 felony.
(4) Violation of paragraph (a)(2)(ii) is a Class A misdemeanor.
(c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means. "Computer" has the meaning ascribed to it in Section 17-0.5 of this Code.
CREDIT(S)
Laws 1961, p. 1983, § 11-6.5, added by P.A. 88-165, § 5, eff. Jan. 1, 1994. Amended by P.A. 89-203, § 10, eff. July 21, 1995; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
VALIDITY
<On November 18, 1999, the Supreme Court of Illinois held that P.A. 89-203 violated the single-subject rule of the Illinois Constitution in the case of People v. Wooters, 1999, 243 Ill.Dec. 33, 188 Ill.2d 500, 722 N.E.2d 1102.>
<Indecent solicitation of an adult (720 ILCS 5/11-6.5(a)(1)(ii) ) is unconstitutional in its entirety by violating the proportionate penalties rule on the Illinois Constitution because it is punished more severely than the offense of indecent solicitation of a child (720 ILCS 5/11-6), which requires violence or the threat of violence and poses a greater threat to public health and safety. In re M.T., 352 Ill.App.3d 131, 816 N.E.2d 354, 287 Ill.Dec. 592, appeal allowed by 213 Ill.2d 559, 829 N.E.2d 788, 293 Ill.Dec. 863 (Ill. Jan. 26, 2005); judgement reversed by 221 Ill.2d 517, 852 N.E.2d 792, 304 Ill.Dec. 336 (Ill. June 22, 2006).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-6.6
Effective: June 1, 2009
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-6.6. Solicitation to meet a child
§ 11-6.6. Solicitation to meet a child.
(a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law.
(b) Sentence. Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child.
(c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 16D-2 of this Code.
CREDIT(S)
Laws 1961, p. 1983, § 11-6.6, added by P.A. 95-983, § 105, eff. June 1, 2009.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-7
Formerly cited as IL ST CH 38 ¶ 11-7
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-7. § 11-7. Renumbered as § 11-35 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-8
Formerly cited as IL ST CH 38 ¶ 11-8
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-8. § 11-8. Renumbered as § 11-40 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9
Formerly cited as IL ST CH 38 ¶ 11-9
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 5. Major Sex Offenses
5/11-9. § 11-9. Renumbered as § 11-30 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.1
Formerly cited as IL ST CH 38 ¶ 11-9.1
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.1. Sexual exploitation of a child
§ 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child.
(a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
"Sex offense" means any violation of Article 11 of this Code or Section 12-5.01 of this Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand held communication device, or both.
"Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony if the person has been previously convicted of a sex offense.
(3) Sexual exploitation of a child is a Class 4 felony if the victim was under 13 years of age at the time of the commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
CREDIT(S)
Laws 1961, p. 1983, § 11-9.1, added by P.A. 87-1198, § 2, eff. Sept. 25, 1992. Amended by P.A. 91-223, § 5, eff. Jan. 1, 2000; P.A. 94-140, § 5, eff. July 7, 2005; P.A. 96-1090, § 5, eff. Jan. 1, 2011; P.A. 96-1098, § 5, eff. Jan. 1, 2011; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-333, § 550, eff. Aug. 12, 2011; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
Formerly Ill.Rev.Stat., ch. 38, ¶ 11-9.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.1A
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.1A. Permitting sexual abuse of a child
§ 11-9.1A. Permitting sexual abuse of a child.
(a) A person responsible for a child's welfare commits permitting sexual abuse of a child if the person has actual knowledge of and permits an act of sexual abuse upon the child, or permits the child to engage in prostitution as defined in Section 11-14 of this Code.
(b) In this Section:
"Actual knowledge" includes credible allegations made by the child.
"Child" means a minor under the age of 17 years.
"Person responsible for the child's welfare" means the child's parent, step-parent, legal guardian, or other person having custody of a child, who is responsible for the child's care at the time of the alleged sexual abuse.
"Prostitution" means prostitution as defined in Section 11-14 of this Code.
"Sexual abuse" includes criminal sexual abuse or criminal sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(c) This Section does not apply to a person responsible for the child's welfare who, having reason to believe that sexual abuse has occurred, makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse, or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act.
(d) Whenever a law enforcement officer has reason to believe that the child or the person responsible for the child's welfare has been abused by a family or household member as defined by the Illinois Domestic Violence Act of 1986, the officer shall immediately use all reasonable means to prevent further abuse under Section 112A-30 of the Code of Criminal Procedure of 1963.
(e) An order of protection under Section 111-8 of the Code of Criminal Procedure of 1963 shall be sought in all cases where there is reason to believe that a child has been sexually abused by a family or household member. In considering appropriate available remedies, it shall be presumed that awarding physical care or custody to the abuser is not in the child's best interest.
(f) A person may not be charged with the offense of permitting sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or prostitution.
(g) A person convicted of permitting the sexual abuse of a child is guilty of a Class 1 felony. As a condition of any sentence of supervision, probation, conditional discharge, or mandatory supervised release, any person convicted under this Section shall be ordered to undergo child sexual abuse, domestic violence, or other appropriate counseling for a specified duration with a qualified social or mental health worker.
(h) It is an affirmative defense to a charge of permitting sexual abuse of a child under this Section that the person responsible for the child's welfare had a reasonable apprehension that timely action to stop the abuse or prostitution would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
CREDIT(S)
Laws 1961, p. 1983, § 11-9.1A, added by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011. Amended by P.A. 97-1150, § 605, eff. Jan. 25, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.2. Custodial sexual misconduct
§ 11-9.2. Custodial sexual misconduct.
(a) A person commits custodial sexual misconduct when: (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.
(b) A probation or supervising officer or surveillance agent commits custodial sexual misconduct when the probation or supervising officer or surveillance agent engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent so engaging in the sexual conduct or sexual penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section immediately shall forfeit his or her employment with a penal system, treatment and detention facility, or conditional release program.
(e) For purposes of this Section, the consent of the probationer, parolee, releasee, or inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act. [FN1]
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer, or surveillance agent who is lawfully married to a person in custody if the marriage occurred before the date of custody.
(2) Any employee, probation or supervising officer, or surveillance agent who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
(g) In this Section:
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence or commitment to a State or local penal institution;
(iii) parole or mandatory supervised release;
(iv) electronic home detention;
(v) probation;
(vi) detention or civil commitment either in secure care or in the community under the Sexually Violent Persons Commitment Act.
(2) "Penal system" means any system which includes institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act. [FN2]
(2.1) "Treatment and detention facility" means any Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
(2.2) "Conditional release" means a program of treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;
(3) "Employee" means:
(i) an employee of any governmental agency of this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;
(ii) a contractual employee of a penal system as defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2-14 of this Code;
(iii) a contractual employee of a "treatment and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.
(4) "Sexual conduct" or "sexual penetration" means any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
(5) "Probation officer" means any person employed in a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act. [FN3]
(6) "Supervising officer" means any person employed to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections. [FN4]
(7) "Surveillance agent" means any person employed or contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.
CREDIT(S)
Laws 1961, p. 1983, § 11-9.2, added by P.A. 90-66, § 5, eff. July 7, 1997. Amended by P.A. 90-655, § 160, eff. July 30, 1998; P.A. 92-415, § 10, eff. Aug. 17, 2001; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
[FN1] 725 ILCS 207/1 et seq.
[FN2] 55 ILCS 75/1.
[FN3] 730 ILCS 110/9b.
[FN4] 730 ILCS 5/3-14-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.3
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.3. Presence within school zone by child sex offenders prohibited
§ 11-9.3. Presence within school zone by child sex offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site.
(a-10) It is unlawful for a child sex offender to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
(b-2) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park while persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before July 7, 2000 (the effective date of Public Act 91-911).
(b-10) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child sex offender and was purchased before July 7, 2000. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821).
(b-15) It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b-15) prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before August 22, 2002.
This subsection (b-15) does not apply if the victim of the sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age.
(c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home. This does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated.
(c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present.
(c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any county fair when persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and the victim is a person under 18 years of age at the time of the offense; and:
(A) is convicted of such offense or an attempt to commit such offense; or
(B) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 [FN1] of such offense or an attempt to commit such offense; or
(D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or
(E) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or
(F) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or
(ii) is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, [FN2] or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act. [FN3]
Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5), "sex offense" means:
(i) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012: [FN4] 10-4 (forcible detention), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult) , 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-21 (harmful material), 11-25 (grooming), 11-26 (traveling to meet a minor), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). [FN5] An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.50 (criminal sexual abuse), 11-1.60 (aggravated criminal sexual abuse). [FN6] An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
10-1 (kidnapping), [FN7]
10-2 (aggravated kidnapping), [FN8]
10-3 (unlawful restraint), [FN9]
10-3.1 (aggravated unlawful restraint), [FN10]
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State substantially equivalent to any offense listed in clause (2)(i) or (2)(ii) of subsection (d) of this Section.
(2.5) For the purposes of subsections (b-5) and (b-10) only, a sex offense means:
(i) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012:
10-5(b)(10) (child luring), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-25 (grooming), 11-26 (traveling to meet a minor), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.60 (aggravated criminal sexual abuse), and subsection (a) of Section 11-1.50 (criminal sexual abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (d) of this Section shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.
(4) "Authorized emergency vehicle", "rescue vehicle", and "vehicle" have the meanings ascribed to them in Sections 1-105, 1-171.8 and 1-217, respectively, of the Illinois Vehicle Code.
(5) "Child care institution" has the meaning ascribed to it in Section 2.06 of the Child Care Act of 1969.
(6) "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.
(8) "Facility providing programs or services directed towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.
(9) "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.
(10) "Internet" has the meaning set forth in Section 16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school or public park property.
(ii) Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school or public park property, for the purpose of committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or around school property, other than the offender's residence.
(12) "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.
(13) "Playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.
(14) "Public park" includes a park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
(15) "School" means a public or private preschool or elementary or secondary school.
(16) "School official" means the principal, a teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.
(e) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty of a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-9.2, added by P.A. 90-234, § 5, eff. Jan. 1, 1998. Renumbered § 11-9.3 and amended by P.A. 90-655, § 160, eff. July 30, 1998. Amended by P.A. 91-356, § 5, eff. Jan. 1, 2000; P.A. 91-911, § 5, eff. July 7, 2000; P.A. 94-158, § 5, eff. July 11, 2005; P.A. 94-164, § 5, eff. Jan. 1, 2006; P.A. 94-170, § 5, eff. July 11, 2005; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 95-440, § 10, eff. Aug. 27, 2007; P.A. 95-640, § 5, eff. June 1, 2008; P.A. 95-819, § 5, eff. Jan. 1, 2009; P.A. 95-876, § 315, eff. Aug. 21, 2008; P.A. 96-328, § 330, eff. Aug. 11, 2009; P.A. 96-710, § 25, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-698, § 10, eff. Jan. 1, 2013; P.A. 97-699, eff. Jan. 1, 2013; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
[FN1] 725 ILCS 5/104-25.
[FN2] 725 ILCS 205/0.01 et seq.
[FN3] 45 ILCS 20/2.
[FN4] 720 ILCS 5/1-1 et seq.
[FN5] 720 ILCS 5/10-7, 720 ILCS 5/10-5, 720 ILCS 5/11-1.40, 720 ILCS 5/11-6, 720 ILCS 5/11-6.5, 720 ILCS 5/11-9.1, 720 ILCS 5/11-14.4, 720 ILCS 5/11-18.1, 720 ILCS 5/11-20.1, 720 ILCS 5/11-20.1B, 720 ILCS 5/11-21, 720 ILCS 5/12-33, 720 ILCS 5/11-20, 720 ILCS 5/11-30.
[FN6] 720 ILCS 5/11-1.20, 720 ILCS 5/11-1.30, 720 ILCS 5/11-1.50, 720 ILCS 5/11-1.60
[FN7] 720 ILCS 5/10-1.
[FN8] 720 ILCS 5/10-2.
[FN9] 720 ILCS 5/10-3.
[FN10] 720 ILCS 5/10-3.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.4. § 11-9.4. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.4-1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.4-1. Sexual predator and child sex offender; presence or loitering in or near public parks prohibited
§ 11-9.4-1. Sexual predator and child sex offender; presence or loitering in or near public parks prohibited.
(a) For the purposes of this Section:
"Child sex offender" has the meaning ascribed to it in subsection (d) of Section 11-9.3 of this Code, but does not include as a sex offense under paragraph (2) of subsection (d) of Section 11-9.3, the offenses under subsections (b) and (c) of Section 11-1.50 or subsections (b) and (c) of Section 12-15 of this Code.
"Public park" includes a park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
"Loiter" means:
(i) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property.
(ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.
"Sexual predator" has the meaning ascribed to it in subsection (E) of Section 2 of the Sex Offender Registration Act.
(b) It is unlawful for a sexual predator or a child sex offender to knowingly be present in any public park building or on real property comprising any public park.
(c) It is unlawful for a sexual predator or a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park. For the purposes of this subsection (c), the 500 feet distance shall be measured from the edge of the property comprising the public park building or the real property comprising the public park.
(d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, except that a second or subsequent violation is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-9.4-1, added by P.A. 96-1099, § 5, eff. Jan. 1, 2011. Amended by P.A. 97-698, § 10, eff. Jan. 1, 2013; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-9.5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-9.5. Sexual misconduct with a person with a disability
§ 11-9.5. Sexual misconduct with a person with a disability.
(a) Definitions. As used in this Section:
(1) "Person with a disability" means:
(i) a person diagnosed with a developmental disability as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code; or
(ii) a person diagnosed with a mental illness as defined in Section 1-129 of the Mental Health and Developmental Disabilities Code.
(2) "State-operated facility" means:
(i) a developmental disability facility as defined in the Mental Health and Developmental Disabilities Code; or
(ii) a mental health facility as defined in the Mental Health and Developmental Disabilities Code.
(3) "Community agency" or "agency" means any community entity or program providing residential mental health or developmental disabilities services that is licensed, certified, or funded by the Department of Human Services and not licensed or certified by any other human service agency of the State such as the Departments of Public Health, Healthcare and Family Services, and Children and Family Services.
(4) "Care and custody" means admission to a State-operated facility.
(5) "Employee" means:
(i) any person employed by the Illinois Department of Human Services;
(ii) any person employed by a community agency providing services at the direction of the owner or operator of the agency on or off site; or
(iii) any person who is a contractual employee or contractual agent of the Department of Human Services or the community agency. This includes but is not limited to payroll personnel, contractors, subcontractors, and volunteers.
(6) "Sexual conduct" or "sexual penetration" means any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
(b) A person commits sexual misconduct with a person with a disability when:
(1) he or she is an employee and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is under the care and custody of the Department of Human Services at a State-operated facility; or
(2) he or she is an employee of a community agency funded by the Department of Human Services and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is in a residential program operated or supervised by a community agency.
(c) For purposes of this Section, the consent of a person with a disability in custody of the Department of Human Services residing at a State-operated facility or receiving services from a community agency shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a person with a disability and is receiving services at a State-operated facility or is a person with a disability who is in a residential program operated or supervised by a community agency.
(d) This Section does not apply to:
(1) any State employee or any community agency employee who is lawfully married to a person with a disability in custody of the Department of Human Services or receiving services from a community agency if the marriage occurred before the date of custody or the initiation of services at a community agency; or
(2) any State employee or community agency employee who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in sexual misconduct was a person with a disability in custody of the Department of Human Services or was receiving services from a community agency.
(e) Sentence. Sexual misconduct with a person with a disability is a Class 3 felony.
(f) Any person convicted of violating this Section shall immediately forfeit his or her employment with the State or the community agency.
CREDIT(S)
Laws 1961, p. 1983, § 11-9.5, added by P.A. 94-1053, § 5, eff. July 24, 2006. Amended by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-10
Formerly cited as IL ST CH 38 ¶ 11-10
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-10. § 11-10. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-11
Formerly cited as IL ST CH 38 ¶ 11-11
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-11. Sexual Relations Within Families
§ 11-11. Sexual Relations Within Families.
(a) A person commits sexual relations within families if he or she:
(1) Commits an act of sexual penetration as defined in Section 11-0.1 of this Code; and
(2) The person knows that he or she is related to the other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or (iv) Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or (v) Great-aunt or great-uncle, when the grand-niece or grand-nephew was 18 years of age or over when the act was committed; or (vi) Grandparent or step-grandparent, when the grandchild or step-grandchild was 18 years of age or over when the act was committed.
(b) Sentence. Sexual relations within families is a Class 3 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-11, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 80-647, § 1, eff. Oct. 1, 1977; P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 83-1117, § 1, eff. July 1, 1984; P.A. 84-1280, § 1, eff. Aug. 15, 1986; P.A. 96-233, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-11.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-11.1
Formerly cited as IL ST CH 38 ¶ 11-11.1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-11.1. § 11-11.1. Repealed by P.A. 83-1067, § 28, eff. July 1, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-12
Formerly cited as IL ST CH 38 ¶ 11-12
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-12. § 11-12. Renumbered as § 11-45 by P.A. 96-1551, Art. § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-13
Formerly cited as IL ST CH 38 ¶ 11-13
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 10. Vulnerable Victim Offenses
5/11-13. § 11-13. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-14
Formerly cited as IL ST CH 38 ¶ 11-14
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-14. Prostitution
§ 11-14. Prostitution.
(a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
(b) Sentence.
A violation of this Section is a Class A misdemeanor, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 4 felony. A second or subsequent violation of this Section, or any combination of convictions under this Section and Section 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 4 felony.
(c) First offender; felony prostitution.
(1) Whenever any person who has not previously been convicted of or placed on probation for felony prostitution or any law of the United States or of any other state relating to felony prostitution pleads guilty to or is found guilty of felony prostitution, the court, without entering a judgment and with the consent of such person, may sentence the person to probation.
(2) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(3) The conditions of probation shall be that the person: (i) not violate any criminal statute of any jurisdiction; (ii) refrain from possessing a firearm or other dangerous weapon; (iii) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (iv) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.
(4) The court may, in addition to other conditions, require that the person:
(A) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
(B) pay a fine and costs;
(C) work or pursue a course of study or vocational training;
(D) undergo medical or psychiatric treatment; or treatment or rehabilitation by a provider approved by the Illinois Department of Human Services;
(E) attend or reside in a facility established for the instruction or residence of defendants on probation;
(F) support his or her dependents;
(G) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
(5) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(6) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her.
(7) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this subsection is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(8) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, or Section 5-6-3.3 of the Unified Code of Corrections.
(9) If a person is convicted of prostitution within 5 years subsequent to a discharge and dismissal under this subsection, the discharge and dismissal under this subsection shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987. Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987, a law enforcement officer who takes a person under 18 years of age into custody under this Section shall immediately report an allegation of a violation of Section 10-9 of this Code to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act.
CREDIT(S)
Laws 1961, p. 1983, § 11-14, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 84-787, § 1, eff. Jan. 1, 1986; P.A. 84-1006, § 1, eff. Jan. 1, 1986; P.A. 84-1308, Art. II, § 50, eff. Aug. 25, 1986; P.A. 85-1447, § 1, eff. Jan. 1, 1990; P.A. 88-680, Art. 50, § 50-5, eff. Jan. 1,1995; P.A. 91-274, § 5, eff. Jan. 1, 2000; P.A. 91-498, § 5, eff. Jan. 1, 2000. Re-enacted by P.A. 91-696, Art. 50, § 50-5, eff. April 13, 2000. Amended by P.A. 96-1464, § 15, eff. Aug. 20, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-1118, § 10, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-14.
VALIDITY
<The Supreme Court of Illinois held that P.A. 88-680 violated the single-subject rule of the Illinois Constitution in the case of People v. Cervantes, 1999, 243 Ill.Dec. 233, 189 Ill.2d 80, 723 N.E.2d 265; P.A. 91-696 re-enacted this section as contained in P.A. 88-680, including any subsequent amendments in order "to remove any question as to the validity to content of those provisions.">
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-14.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-14.1. Solicitation of a sexual act
§ 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A misdemeanor. Solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly intellectually disabled is a Class 4 felony.
(b-5) It is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is severely or profoundly intellectually disabled that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
CREDIT(S)
Laws 1961, p. 1983, § 11-14.1, added by P.A. 88-325, § 5, eff. Jan. 1, 1994. Amended by P.A. 88-680, Art. 50, § 50-5, eff. Jan. 1, 1995. Re-enacted by P.A. 91-696, Art. 50, § 50-5, eff. April 13, 2000. Amended by P.A. 96-1464, § 15, eff. Aug. 20, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-227, § 135, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
VALIDITY
<The Supreme Court of Illinois held that P.A. 88-680 violated the single-subject rule of the Illinois Constitution in the case of People v. Cervantes, 1999, 243 Ill.Dec. 233, 189 Ill.2d 80, 723 N.E.2d 265; P.A. 91-696 re-enacted this section as contained in P.A. 88-680, including any subsequent amendments in order "to remove any question as to the validity or content of those provisions.">
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-14.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-14.2. § 11-14.2. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-14.3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-14.3. Promoting prostitution
§ 11-14.3. Promoting prostitution.
(a) Any person who knowingly performs any of the following acts commits promoting prostitution:
(1) advances prostitution as defined in Section 11-0.1;
(2) profits from prostitution by:
(A) compelling a person to become a prostitute;
(B) arranging or offering to arrange a situation in which a person may practice prostitution; or
(C) any means other than those described in subparagraph (A) or (B), including from a person who patronizes a prostitute. This paragraph (C) does not apply to a person engaged in prostitution who is under 18 years of age. A person cannot be convicted of promoting prostitution under this paragraph (C) if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under Section 11-14 of this Code.
(b) Sentence.
(1) A violation of subdivision (a)(1) is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(1), or any combination of convictions under subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
(2) A violation of subdivision (a)(2)(A) or (a)(2)(B) is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony.
(3) A violation of subdivision (a)(2)(C) is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(2)(C), or any combination of convictions under subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of this Section (promoting prostitution), 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-14.3, added by P.A. 96-1551, Art. 2, § 5, eff. July, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-14.4
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-14.4. Promoting juvenile prostitution
§ 11-14.4. Promoting juvenile prostitution.
(a) Any person who knowingly performs any of the following acts commits promoting juvenile prostitution:
(1) advances prostitution as defined in Section 11-0.1, where the minor engaged in prostitution, or any person engaged in prostitution in the place, is under 18 years of age or is severely or profoundly intellectually disabled at the time of the offense;
(2) profits from prostitution by any means where the prostituted person is under 18 years of age or is severely or profoundly intellectually disabled at the time of the offense;
(3) profits from prostitution by any means where the prostituted person is under 13 years of age at the time of the offense;
(4) confines a child under the age of 18 or a severely or profoundly intellectually disabled person against his or her will by the infliction or threat of imminent infliction of great bodily harm or permanent disability or disfigurement or by administering to the child or severely or profoundly intellectually disabled person, without his or her consent or by threat or deception and for other than medical purposes, any alcoholic intoxicant or a drug as defined in the Illinois Controlled Substances Act or the Cannabis Control Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act and:
(A) compels the child or severely or profoundly intellectually disabled person to engage in prostitution;
(B) arranges a situation in which the child or severely or profoundly intellectually disabled person may practice prostitution; or
(C) profits from prostitution by the child or severely or profoundly intellectually disabled person.
(b) For purposes of this Section, administering drugs, as defined in subdivision (a)(4), or an alcoholic intoxicant to a child under the age of 13 or a severely or profoundly intellectually disabled person shall be deemed to be without consent if the administering is done without the consent of the parents or legal guardian or if the administering is performed by the parents or legal guardian for other than medical purposes.
(c) If the accused did not have a reasonable opportunity to observe the prostituted person, it is an affirmative defense to a charge of promoting juvenile prostitution, except for a charge under subdivision (a)(4), that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
(d) Sentence. A violation of subdivision (a)(1) is a Class 1 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class X felony. A violation of subdivision (a)(2) is a Class 1 felony. A violation of subdivision (a)(3) is a Class X felony. A violation of subdivision (a)(4) is 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 second or subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), or any combination of convictions under subdivision (a)(1), (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is a Class X felony.
(e) Forfeiture. Any person convicted of a violation of this Section that involves promoting juvenile prostitution by keeping a place of juvenile prostitution or convicted of a violation of subdivision (a)(4) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(f) For the purposes of this Section, "prostituted person" means any person who engages in, or agrees or offers to engage in, any act of sexual penetration as defined in Section 11-0.1 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification.
CREDIT(S)
Laws 1961, p. 1983, § 11-14.4, added by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011. Amended by P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-15
Formerly cited as IL ST CH 38 ¶ 11-15; 38 ¶ 11-15.1; 38 ¶ 11-16; 38 ¶ 11-17; 38 ¶ 11-17.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-15 to 5/11-17.1. §§ 11-15 to 11-17.1. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-15.1
Formerly cited as IL ST CH 38 ¶ 11-15; 38 ¶ 11-15.1; 38 ¶ 11-16; 38 ¶ 11-17; 38 ¶ 11-17.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-15 to 5/11-17.1. §§ 11-15 to 11-17.1. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-16
Formerly cited as IL ST CH 38 ¶ 11-15; 38 ¶ 11-15.1; 38 ¶ 11-16; 38 ¶ 11-17; 38 ¶ 11-17.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-15 to 5/11-17.1. §§ 11-15 to 11-17.1. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-17
Formerly cited as IL ST CH 38 ¶ 11-15; 38 ¶ 11-15.1; 38 ¶ 11-16; 38 ¶ 11-17; 38 ¶ 11-17.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-15 to 5/11-17.1. §§ 11-15 to 11-17.1. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-17.1
Formerly cited as IL ST CH 38 ¶ 11-15; 38 ¶ 11-15.1; 38 ¶ 11-16; 38 ¶ 11-17; 38 ¶ 11-17.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-15 to 5/11-17.1. §§ 11-15 to 11-17.1. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-18
Formerly cited as IL ST CH 38 ¶ 11-18
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-18. Patronizing a prostitute
§ 11-18. Patronizing a prostitute.
(a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits patronizing a prostitute:
(1) Engages in an act of sexual penetration as defined in Section 11-0. 1 of this Code with a prostitute; or
(2) Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration as defined in Section 11-0.1 of this Code; or
(3) Engages in any touching or fondling with a prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification.
(b) Sentence.
Patronizing a prostitute is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 3 felony.
(c) (Blank).
CREDIT(S)
Laws 1961, p. 1983, § 11-18, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 80-360, § 1, eff. Oct. 1, 1977; P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 84-1006, § 1, eff. Jan. 1, 1986; P.A. 85-1447, § 1, eff. Jan. 1, 1990; P.A. 88-325, § 5, eff. Jan. 1, 1994; P.A. 91-274, § 5, eff. Jan. 1, 2000; P.A. 91-498, § 5, eff. Jan. 1, 2000; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 96-1464, § 15, eff. Aug. 20, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-18.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-18.1
Formerly cited as IL ST CH 38 ¶ 11-18.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-18.1. Patronizing a minor engaged in prostitution
§ 11-18.1. Patronizing a minor engaged in prostitution.
(a) Any person who engages in an act of sexual penetration as defined in Section 11-0.1 of this Code with a person engaged in prostitution who is under 18 years of age or is a severely or profoundly intellectually disabled person commits patronizing a minor engaged in prostitution.
(a-5) Any person who engages in any touching or fondling, with a person engaged in prostitution who either is under 18 years of age or is a severely or profoundly intellectually disabled person, of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification, commits patronizing a minor engaged in prostitution.
(b) It is an affirmative defense to the charge of patronizing a minor engaged in prostitution that the accused reasonably believed that the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
(c) Sentence. A person who commits patronizing a juvenile prostitute is guilty of a Class 3 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 2 felony. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14. 3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 2 felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
CREDIT(S)
Laws 1961, p. 1983, § 11-18.1, added by P.A. 85-1447, § 1, eff. Jan. 1, 1990. Amended by P.A. 96-1464, § 15, eff. Aug. 20, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-227, § 135, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-18.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-19
Formerly cited as IL ST CH 38 ¶ 11-19; 38 ¶ 11-19.1; 38 ¶ 11-19.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-19 to 5/11-19.3. §§ 11-19 to 11-19.3. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-19.1
Formerly cited as IL ST CH 38 ¶ 11-19; 38 ¶ 11-19.1; 38 ¶ 11-19.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-19 to 5/11-19.3. §§ 11-19 to 11-19.3. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-19.2
Formerly cited as IL ST CH 38 ¶ 11-19; 38 ¶ 11-19.1; 38 ¶ 11-19.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-19 to 5/11-19.3. §§ 11-19 to 11-19.3. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-19.3
Formerly cited as IL ST CH 38 ¶ 11-19; 38 ¶ 11-19.1; 38 ¶ 11-19.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 15. Prostitution Offenses
5/11-19 to 5/11-19.3. §§ 11-19 to 11-19.3. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20
Formerly cited as IL ST CH 38 ¶ 11-20
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20. Obscenity
§ 11-20. Obscenity.
(a) Elements of the Offense. A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he or she:
(1) Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
(2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or
(3) Publishes, exhibits or otherwise makes available anything obscene; or
(4) Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain; or
(5) Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or
(6) Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.
(b) Obscene Defined.
Any material or performance is obscene if: (1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and (2) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific value.
(c) Interpretation of Evidence.
Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political or scientific value.
In any prosecution for an offense under this Section evidence shall be admissible to show:
(1) The character of the audience for which the material was designed or to which it was directed;
(2) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
(3) The artistic, literary, scientific, educational or other merits of the material, or absence thereof;
(4) The degree, if any, of public acceptance of the material in this State;
(5) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;
(6) Purpose of the author, creator, publisher or disseminator.
(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(e) Permissive Inference.
The trier of fact may infer an intent to disseminate from the creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than 3 copies of obscene material.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal associates other than children under 18 years of age;
(2) Was to institutions or individuals having scientific or other special justification for possession of such material.
(g) Forfeiture of property. A person who has been convicted previously of the offense of obscenity and who is convicted of a second or subsequent offense of obscenity is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
CREDIT(S)
Laws 1961, p. 1983, § 11-20, eff. Jan. 1, 1962. Amended by Laws 1961, p. 2456, § 1, eff. Aug. 1, 1961; Laws 1965, p. 964, § 1, eff. July 1, 1965; Laws 1967, p. 2975, § 1, eff. Aug. 14, 1967; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 84-709, § 1, eff. Jan. 1, 1986; P.A. 85-1014, § 1, eff. Jan. 1, 1989; P.A. 96-712, § 10, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-20.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20.1
Formerly cited as IL ST CH 38 ¶ 11-20.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20.1. Child pornography
§ 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly intellectually disabled person where such child or severely or profoundly intellectually disabled person is:
(i) actually or by simulation engaged in any act of sexual penetration or sexual conduct with any person or animal; or
(ii) actually or by simulation engaged in any act of sexual penetration or sexual conduct involving the sex organs of the child or severely or profoundly intellectually disabled person and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child or severely or profoundly intellectually disabled person and the sex organs of another person or animal; or
(iii) actually or by simulation engaged in any act of masturbation; or
(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
(v) actually or by simulation engaged in any act of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person; or
(2) with the knowledge of the nature or content thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses with intent to disseminate any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly intellectually disabled person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly intellectually disabled person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly intellectually disabled person engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she knows or reasonably should know to be under the age of 18 or a severely or profoundly intellectually disabled person to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in which the child or severely or profoundly intellectually disabled person is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly intellectually disabled person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly intellectually disabled person to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly intellectually disabled person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly intellectually disabled person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces, entices, or coerces, a person to provide a child under the age of 18 or a severely or profoundly intellectually disabled person to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child or severely or profoundly intellectually disabled person will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection.
(b)(1) It shall be an affirmative defense to a charge of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly intellectually disabled person but only where, prior to the act or acts giving rise to a prosecution under this Section, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly intellectually disabled person and his or her reliance upon the information so obtained was clearly reasonable.
(1.5) 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 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.
(2) (Blank).
(3) The charge of child pornography shall not apply to the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers.
(4) If the defendant possessed more than one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a film, videotape, or visual reproduction or depiction for a sufficient time to be able to terminate his or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) that includes a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class X felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class X felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (6) of subsection (a) is a Class 3 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a person who commits a violation of paragraph (6) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact.
(d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person. The examiner shall report to the court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 or a severely or profoundly intellectually disabled person engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft.
In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute, exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.
(2) "Produce" means to direct, promote, advertise, publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
(5) "Depiction by computer" means a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
(6) "Computer", "computer program", and "data" have the meanings ascribed to them in Section 16D-2 of this Code.
(7) For the purposes of this Section, "child pornography" includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18 or a severely or profoundly intellectually disabled person, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child pornography" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18 or a severely or profoundly intellectually disabled person.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective January 1, 1995, contained provisions amending the child pornography statute, Section 11-20.1 of the Criminal Code of 1961. [FN1] Section 50-5 also contained other provisions.
(ii) In addition, Public Act 88-680 was entitled "AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. [FN2] (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 [FN3] and the Unified Code of Corrections. [FN4] (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. [FN5] (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act [FN6] and the Illinois Controlled Substances Act. [FN7] (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. [FN8] (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, [FN9] and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act [FN10] and amended the State Finance Act, [FN11] the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. [FN12] (I) Article 50 amended the WIC Vendor Management Act, [FN13] the Firearm Owners Identification Card Act, [FN14] the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, [FN15] and the Unified Code of Corrections.
(iii) On September 22, 1998, the Third District Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.
(iv) Child pornography is a vital concern to the people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88-680 by re-enacting the Section relating to child pornography that was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section 11-20.1 of the Criminal Code of 1961, as it has been amended. This re-enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of Section 11-20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88-680 is not intended, and shall not be construed, to imply that Public Act 88-680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re-enacted by other Public Acts.
CREDIT(S)
Laws 1961, p. 1983, § 11-20.1, added by P.A. 83-472, § 1, eff. Jan. 1, 1984. Amended by P.A. 84-1029, § 1, eff. Nov. 18, 1985; P.A. 84-1280, § 1, eff. Aug. 15, 1986; P.A. 85-1194, § 1, eff. Aug. 19, 1988; P.A. 85-1392, § 1, eff. Jan. 1, 1989; P.A. 85-1440, Art. II, § 2-9, eff. Feb. 1, 1989; P.A. 85-1447, § 1, eff. Jan. 1, 1990; P.A. 86-820, Art. II, § 2-4, eff. Sept. 7, 1989; P.A. 86-1168, § 1, eff. Jan. 1, 1991; P.A. 87-1069, § 1, eff. Jan. 1, 1993; P.A. 87-1070, § 1, eff. Sept. 13, 1992; P.A. 88-45, Art. II, § 2-57, eff. July 6, 1993; P.A. 88-680, Art. 50, § 50-5, eff. Jan. 1, 1995; P.A. 90-68, § 2, eff. July 8, 1997; P.A. 90-678, § 5, eff. July 31, 1998; P.A. 90-786, § 5, eff. Jan. 1, 1999. Re-enacted and amended by P.A. 91-54, § 5, eff. June 30, 1999. Amended by P.A. 91-229, § 5, eff. Jan. 1, 2000; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 92-434, § 5, eff. Jan. 1, 2002; P.A. 92-827, § 5, eff. Aug. 22, 2002; P.A. 94-366, § 5, eff. July 29, 2005; P.A. 96-292, § 5, eff. Jan. 1, 2010; P.A. 96-712, § 10, eff. Jan. 1, 2010; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-157, § 5, eff. Jan. 1, 2012; P.A. 97-227, § 135, eff. Jan. 1, 2012; P.A. 97-995, § 5, eff. Jan. 1, 2013; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-20.1.
[FN1] 720 ILCS 5/11-20.1
[FN2] 705 ILCS 405/1-1 et seq.
[FN3] 720 ILCS 5/24-1 et seq.
[FN4] 730 ILCS 5/1-1-1 et seq.
[FN5] 625 ILCS 5/1-100 et seq.
[FN6] 720 ILCS 550/1 et seq.
[FN7] 720 ILCS 570/100 et seq.
[FN8] 725 ILCS 5/100-1 et seq.
[FN9] 720 ILCS 120/1 et seq.
[FN10] 730 ILCS 175/45-1 et seq.
[FN11] 30 ILCS 105/1 et seq.
[FN12] 730 ILCS 140/1 et seq.
[FN13] 410 ILCS 255/1 et seq.
[FN14] 430 ILCS 65/0.01 et seq.
[FN15] 720 ILCS 150/0.01 et seq.
VALIDITY
<Subdivision (f)(7) was held unconstitutional by the Illinois Supreme Court in People v. Alexander, 2003, 274 Ill.Dec. 414, 204 Ill.2d 472, 791 N.E.2d 506, petition for certiorari filed 2003 WL 22047635, because it included in the definition of "child" a computer-generated virtual depiction of a child in contravention of the decision Ashcroft v. Free Speech Coalition, 2002, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403, but held that subd. (f)(7) could be severed from the remainder of the statute and upheld the constitutionality of subds. (a)(1)(ii) and (a)(6) because they prohibit making and possession sexually explicit computer depictions of actual children.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20.1A
Formerly cited as IL ST CH 38 ¶ 11-20.1A
Effective: January 1, 2010
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20.1A. § 11-20.1A. Repealed by P.A. 96-712, § 11, eff. Jan. 1, 2010
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20.1B
Formerly cited as 720 ILCS 5/11-20.3
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20.1B. § 11-20.1B. Repealed by P.A. 97-995, § 10, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20.2. Duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children
§ 11-20.2. Duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children.
(a) Any commercial film and photographic print processor or computer technician who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, videotape, negative, slide, computer hard drive or any other magnetic or optical media which depicts a child whom the processor or computer technician knows or reasonably should know to be under the age of 18 where such child is:
(i) actually or by simulation engaged in any act of sexual penetration or sexual conduct with any person or animal; or
(ii) actually or by simulation engaged in any act of sexual penetration or sexual conduct involving the sex organs of the child and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child and the sex organs of another person or animal; or
(iii) actually or by simulation engaged in any act of masturbation; or
(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
(v) actually or by simulation engaged in any act of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person;
shall report or cause a report to be made pursuant to subsections (b) and (c) as soon as reasonably possible. Failure to make such report shall be a business offense with a fine of $1,000.
(b) Commercial film and photographic film processors shall report or cause a report to be made to the local law enforcement agency of the jurisdiction in which the image or images described in subsection (a) are discovered.
(c) Computer technicians shall report or cause the report to be made to the local law enforcement agency of the jurisdiction in which the image or images described in subsection (a) are discovered or to the Illinois Child Exploitation e-Tipline at reportchildporn@atg.state.il.us.
(d) Reports required by this Act shall include the following information: (i) name, address, and telephone number of the person filing the report; (ii) the employer of the person filing the report, if any; (iii) the name, address and telephone number of the person whose property is the subject of the report, if known; (iv) the circumstances which led to the filing of the report, including a description of the reported content.
(e) If a report is filed with the Cyber Tipline at the National Center for Missing and Exploited Children or in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Act will be deemed to have been met.
(f) A computer technician or an employer caused to report child pornography under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct.
(g) For the purposes of this Section, a "computer technician" is a person who installs, maintains, troubleshoots, repairs or upgrades computer hardware, software, computer networks, peripheral equipment, electronic mail systems, or provides user assistance for any of the aforementioned tasks.
CREDIT(S)
Laws 1961, p. 1983, § 11-20.2, added by P.A. 84-1280, § 1, eff. Aug. 15, 1986. Amended by P.A. 95-983, § 105, eff. June 1, 2009; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20.3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20.3. § 11-20.3. Renumbered as § 11-20.1B by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-20a
Formerly cited as IL ST CH 38 ¶ 11-20a
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-20a. § 11-20a. Repealed by P.A. 83-472, § 2, eff. Jan. 1, 1984; P.A. 83-1362, Art. II, § 41, eff. Sept. 11, 1984
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-21
Formerly cited as IL ST CH 38 ¶ 11-21
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-21. Harmful material
§ 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means to transfer possession of, whether with or without consideration.
"Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.
"Knowingly" means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
"Material" means (i) any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.
"Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
"Sexual conduct" means acts of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to, depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:
(A) any material which depicts nudity, sexual conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;
(B) a motion picture, show, or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
(C) an admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
(2) admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
(2) that the defendant was in a parental or guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
(4) that the act charged was committed in aid of legitimate scientific or educational purposes; or
(5) that an advertisement of harmful material as defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: "NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State."
(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
(e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(f) Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.
(h) 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.
CREDIT(S)
Laws 1961, p. 1983, § 11-21, added by Laws 1967, p. 2973, § 1, eff. Aug. 14, 1967. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 94-315, § 5, eff. Jan. 1, 2006; P.A. 95-983, § 105, eff. June 1, 2009; P.A. 96-280, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-22
Formerly cited as IL ST CH 38 ¶ 11-22
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-22. Tie-in Sales of Obscene Publications to Distributors
§ 11-22. Tie-in Sales of Obscene Publications to Distributors. Any person, firm or corporation, or any agent, officer or employee thereof, engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealers, who shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of a petty offense. Each publication sold or delivered in violation of this Act shall constitute a separate petty offense.
CREDIT(S)
Laws 1961, p. 1983, § 11-22, added by P.A. 76-1082, § 1, eff. Aug. 28, 1969. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-22.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-23
Effective: January 25, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-23. Posting of identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material
§ 11-23. Posting of identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material.
(a) A person at least 17 years of age who knowingly discloses on an adult obscenity or child pornography Internet site the name, address, telephone number, or e-mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of posting of identifying information on a pornographic Internet site.
(a-5) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of posting of graphic information on a pornographic Internet site. This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image.
(a-10) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 years of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography under Section 11-20.1, is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material.
(b) Sentence. A person who violates subsection (a) of this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense. A person who violates subsection (a-5) of this Section is guilty of a Class 4 felony. A person who violates subsection (a-10) of this Section is guilty of a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) "Adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of this Code.
(2) "Internet" has the meaning set forth in Section 16-0.1 of this Code.
CREDIT(S)
Laws 1961, p. 1983, § 11-23, added by P.A. 91-222, § 5, eff. July 22, 1999. Amended by P.A. 95-983, § 105, eff. June 1, 2009; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011; P.A. 97-1150, § 605, eff. Jan. 25, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-24
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-24. Child photography by sex offender
§ 11-24. Child photography by sex offender.
(a) In this Section:
"Child" means a person under 18 years of age.
"Child sex offender" has the meaning ascribed to it in Section 11-0.1 of this Code.
(b) It is unlawful for a child sex offender to knowingly:
(1) conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child; or
(2) conduct or operate any type of business in which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child; or
(3) photograph, videotape, or take a digital image of a child, or instruct or direct another person to photograph, videotape, or take a digital image of a child without the consent of the parent or guardian.
(c) Sentence. A violation of this Section is a Class 2 felony. A person who violates this Section at a playground, park facility, school, forest preserve, day care facility, or at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-24, added by P.A. 93-905, § 5, eff. January 1, 2005. Amended by P.A. 95-983, § 105, eff. June 1, 2009; P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-25
Effective: January 1, 2009
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-25. Grooming
§ 11-25. Grooming.
(a) A person commits the offense of grooming when he or she knowingly uses a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child, a child's guardian, or another person believed by the person to be a child or a child's guardian, to commit any sex offense as defined in Section 2 of the Sex Offender Registration Act or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child.
(b) Sentence. Grooming is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-25, added by P.A. 95-901, § 5, eff. Jan. 1, 2009.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-26
Effective: January 1, 2009
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 20. Pornography Offenses
5/11-26. Traveling to meet a minor
§ 11-26. Traveling to meet a minor.
(a) A person commits the offense of traveling to meet a minor when he or she travels any distance either within this State, to this State, or from this State by any means, attempts to do so, or causes another to do so or attempt to do so for the purpose of engaging in any sex offense as defined in Section 2 of the Sex Offender Registration Act, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or to attempt to seduce, solicit, lure, or entice, a child or a child's guardian, or another person believed by the person to be a child or a child's guardian, for such purpose.
(b) Sentence. Traveling to meet a minor is a Class 3 felony.
CREDIT(S)
Laws 1961, p. 1983, § 11-26, added by P.A. 95-901, § 5, eff. Jan. 1, 2009.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-30
Formerly cited as IL ST CH 38 ¶ 11-9; 720 ILCS 5/11-9
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 25. Other Offenses
5/11-30. Public decency
§ 11-30. Public indecency.
(a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct; or
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person. Breast-feeding of infants is not an act of public indecency.
(b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.
(c) Sentence.
Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony. Public indecency is a Class 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
CREDIT(S)
Laws 1961, p. 1983, § 11-9, eff. Jan. 1, 1962. Amended by Laws 1963, p. 1225, § 1, eff. Aug. 2, 1963; Laws 1967, p. 3510, § 1, eff. Sept. 1, 1967; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 83-1067, § 2, eff. July 1, 1984; P.A. 89-59, § 5, eff. Jan. 1, 1996; P.A. 91-115, § 5, eff. Jan. 1, 2000; P.A. 96-1098, § 5, eff. Jan. 1, 2011. Renumbered and amended as § 11-30 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-35
Formerly cited as IL ST CH 38 ¶ 11-7; 720 ILCS 5/11-7
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 25. Other Offenses
5/11-35. Adultery
§ 11-35. Adultery.
(a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and
(1) The person is married and knows the other person involved in such intercourse is not his spouse; or
(2) The person is not married and knows that the other person involved in such intercourse is married.
A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended. [FN1]
(b) Sentence.
Adultery is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 11-7, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-474, § 2, eff. Aug. 22, 1975; P.A. 86-490, § 1, eff. Jan. 1, 1990. Renumbered and amended as § 11-35 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-7.
[FN1] 305 ILCS 5/4-1.7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-40
Formerly cited as IL ST CH 38 ¶ 11-8; 720 ILCS 5/11-8
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 25. Other Offenses
5/11-40. Fornication
§ 11-40. Fornication.
(a) A person commits fornication when he or she knowingly has sexual intercourse with another not his or her spouse if the behavior is open and notorious.
A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended. [FN1]
(b) Sentence.
Fornication is a Class B misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 11-8, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-474, § 2, eff. Aug. 22, 1975; P.A. 86-490, § 1, eff. Jan. 1, 1990. Renumbered and amended § 11-40 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-8.
[FN1] 305 ILCS 5/4-1.7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/11-45
Formerly cited as IL ST CH 38 ¶ 11-12; 720 ILCS 5/11-12
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 11. Sex Offenses (Refs & Annos)
Subdivision 25. Other Offenses
5/11-45. Bigamy and Marrying a bigamist
§ 11-45. Bigamy and Marrying a bigamist.
(a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries another.
(a-5) Marrying a bigamist. An unmarried person commits marrying a bigamist when that person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State.
(b) It shall be an affirmative defense to bigamy and marrying a bigamist that:
(1) The prior marriage was dissolved or declared invalid; or
(2) The accused reasonably believed the prior spouse to be dead; or
(3) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or
(4) The accused reasonably believed that he or she or the person he or she marries was legally eligible to be married.
(c) Sentence.
Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 11-12, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 81-230, § 6, eff. Aug. 28, 1979. Renumbered and amended § 11-45 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-12.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 12, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-0.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 1. Definitions
5/12-0.1. Definitions
§ 12-0.1. Definitions. In this Article, unless the context clearly requires otherwise:
"Bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
"Coach" means a person recognized as a coach by the sanctioning authority that conducts an athletic contest.
"Correctional institution employee" means a person employed by a penal institution.
"Emergency medical technician" includes a paramedic, ambulance driver, first aid worker, hospital worker, or other medical assistance worker.
"Family or household members" include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
"In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting an offense.
"Park district employee" means a supervisor, director, instructor, or other person employed by a park district.
"Physically handicapped person" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.
"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.
"Probation officer" means a person as defined in the Probation and Probation Officers Act.
"Sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee.
"Sports venue" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, or amusement facility, or a special event center in a public park, during the 12 hours before or after the sanctioned sporting event.
"Streetgang", "streetgang member", and "criminal street gang" have the meanings ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
"Transit employee" means a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire.
"Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.
"Utility worker" means any of the following:
(1) A person employed by a public utility as defined in Section 3-105 of the Public Utilities Act.
(2) An employee of a municipally owned utility.
(3) An employee of a cable television company.
(4) An employee of an electric cooperative as defined in Section 3-119 of the Public Utilities Act.
(5) An independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or electric cooperative.
(6) An employee of a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier.
(7) 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.
CREDIT(S)
Laws 1961, p. 1983, § 12-0.1, added by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-1
Formerly cited as IL ST CH 38 ¶ 12-1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-1. Assault
§ 12-1. Assault.
(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.
CREDIT(S)
Laws 1961, p. 1983, § 12-1, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 88-558, § 5, eff. Jan. 1, 1994; P.A. 89-8, Art. 1, § 1-15, eff. March 21, 1995; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-2
Formerly cited as IL ST CH 38 ¶ 12-2
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-2. Aggravated assault
§ 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
(1) A physically handicapped person or a person 60 years of age or older and the assault is without legal justification.
(2) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(3) A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(6) A correctional institution employee, a county juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(7) An employee of the State of Illinois, a municipal corporation therein, or a political subdivision thereof, performing his or her official duties.
(8) A transit employee performing his or her official duties, or a transit passenger.
(9) A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under Section 2-202 of the Code of Civil Procedure [FN1] or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(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.
(2) Discharges a firearm, other than from a motor vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her identity.
(5) Knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached 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.
(6) Uses a firearm, other than by discharging the firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), or (c)(4) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon", "Category II weapon, and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.
CREDIT(S)
Laws 1961, p. 1983, § 12-2, eff. Jan. 1, 1962. Amended by Laws 1961, p. 2457, § 1, eff. Aug. 1, 1961; Laws 1965, p. 294, § 1, eff. July 1, 1965; Laws 1965, p. 854, § 1, eff. July 1, 1965; Laws 1967, p. 341, § 1, eff. July 1, 1967; Laws 1967, p. 2595, § 1, eff. Aug. 3, 1967; Laws 1967, p. 3514, § 1, eff. Sept. 1, 1967; Laws 1967, p. 3608, § 1, eff. Sept. 5, 1967; Laws 1968, p. 99, § 1, eff. Aug. 17, 1968; Laws 1968, p. 166, § 1, eff. Aug. 20, 1968; P.A. 76-835, § 1, eff. Aug. 19, 1969; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 85-691, § 1, eff. Jan. 1, 1988; P.A. 85-780, § 1, eff. Jan. 1, 1988; P.A. 85-804, § 1, eff. Jan. 1, 1988; P.A. 85-1209, Art. II, § 2-23, eff. Aug. 30, 1988; P.A. 86-1393, § 1, eff. Sept. 10, 1990; P.A. 87-921, § 1, eff. Jan. 1, 1993; P.A. 88-311, § 7, eff. Aug. 11, 1993; P.A. 88-433, § 5, eff. Jan. 1, 1994; P.A. 88-467, § 25, eff. Aug. 27, 1993; P.A. 88-670, Art. 2, § 2-64, eff. Dec. 2, 1994; P.A. 89-507, Art. 90, § 90L-93, eff. July 1, 1997; P.A. 90-406, § 5, eff. Aug. 15, 1997; P.A. 90-651, § 5, eff. Jan. 1, 1999; P.A. 91-672, § 5, eff. Jan. 1, 2000; P.A. 92-841, § 5, eff. Aug. 22, 2002; P.A. 92-865, § 5, eff. Jan. 3, 2003; P.A. 93-692, § 5, eff. Jan. 1, 2005; P.A. 94-243, § 5, eff. Jan. 1, 2006; P.A. 94-482, § 5, eff. Jan. 1, 2006; P.A. 95-236, § 5, eff. Jan. 1, 2008; P.A. 95-292, § 5, eff. Aug. 20, 2007; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 95-429, § 5, eff. Jan. 1, 2008; P.A. 95-591, § 2, eff. Sept. 10, 2007; P.A. 95-876, § 315, eff. Aug. 21, 2008; P.A. 96-201, § 5, eff. Aug. 10, 2009; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 96-1109, § 5, eff. Jan. 1, 2011; P.A. 96-1398, § 5, eff. July 29, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-225, § 5, eff. July 28, 2011; P.A. 97-313, § 5, eff. Jan. 1, 2012; P.A. 97-333, § 550, eff. Aug. 12, 2011; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-2.
[FN1] 735 ILCS 5/2-202
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-2.5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-2.5. § 12-2.5. Renumbered as § 12-5.02 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-2.6
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-2.6. § 12-2.6. Renumbered as § 12-5.3 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3
Formerly cited as IL ST CH 38 ¶ 12-3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3. Battery
§ 12-3. Battery.
(a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
(b) Sentence.
Battery is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 12-3, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.05
Formerly cited as IL ST CH 38 ¶ 12-4; 720 ILCS 5/12-4
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.05. Aggravated battery
§ 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
(1) Causes great bodily harm or permanent disability or disfigurement.
(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Causes great bodily harm or permanent disability or disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or intellectually disabled person. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability or disfigurement to any child under the age of 13 years, or to any severely or profoundly intellectually disabled person; or
(2) causes bodily harm or disability or disfigurement to any child under the age of 13 years or to any severely or profoundly intellectually disabled person.
(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter.
(d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or physically handicapped.
(3) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(5) A judge, emergency management worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(6) An officer or employee of the State of Illinois, a unit of local government, or a school district, while performing his or her official duties.
(7) A transit employee performing his or her official duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged commission of retail theft under Section 16-26 of this Code and the person without legal justification by any means causes bodily harm to the merchant.
(10) A person authorized to serve process under Section 2-202 of the Code of Civil Procedure [FN1] or a special process server appointed by the circuit court while that individual is in the performance of his or her duties as a process server.
(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(2) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Discharges a firearm and causes any injury to a person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(5) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(7) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(8) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in the Air Rifle Act.
(2) Wears a hood, robe, or mask to conceal his or her identity.
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
(g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
(2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (14) of subsection (b) of Section 9-1 of this Code, as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.
Aggravated battery under subdivision (a)(5) is a Class 1 felony if:
(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 subdivision (a)(5) under the laws of this State or laws similar to subdivision (a)(5) of any other state.
Aggravated battery as defined in subdivision (e)(1) is a Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that:
(1) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
(2) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(i) Definitions. For the purposes of this Section:
"Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means 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 any place within 500 feet of such a building or other structure in the case of a person who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of the Firearm Owners Identification Card Act, and does not include an air rifle as defined by Section 1 of the Air Rifle Act.
"Machine gun" has the meaning ascribed to it in Section 24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code.
"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.
CREDIT(S)
Laws 1961, p. 1983, § 12-4, eff. Jan. 1, 1962. Amended by Laws 1961, p. 2457, § 1, eff. Aug. 1, 1961; Laws 1965, p. 294, § 1, eff. July 1, 1965; Laws 1965, p. 854, § 1, eff. July 1, 1965; Laws 1967, p. 341, § 1, eff. July 1, 1967; Laws 1967, p. 2595, § 1, eff. Aug. 3, 1967; Laws 1967, p. 3514, § 1, eff. Sept. 1, 1967; Laws 1968, p. 99, § 1, eff. Aug. 17, 1968; Laws 1968, p. 166, § 1, eff. Aug. 20, 1968; P.A. 76-836, § 1, eff. Aug. 19, 1969; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-1001, § 1, eff. Oct. 1, 1975; P.A. 81-175, § 1, eff. Aug. 13, 1979; P.A. 81-571, § 1, eff. Sept. 14, 1979; P.A. 81-763, § 1, eff. Sept. 16, 1979; P.A. 81-925, § 1, eff. Sept. 22, 1979; P.A. 81-1509, Art. I, § 23, eff. Sept. 26, 1980; P.A. 83-423, § 1, eff. Jan. 1, 1984; P.A. 84-1083, § 1, eff. Dec. 2, 1985; P.A. 85-996, § 1, eff. July 1, 1988; P.A. 86-979, § 1, eff. July 1, 1990; P.A. 86-980, § 2, eff. July 1, 1990; P.A. 86-1028, Art. II, § 2-19, eff. Feb. 5, 1990; P.A. 87-921, § 1, eff. Jan. 1, 1993; P.A. 87-1083, § 1, eff. Jan. 1, 1993; P.A. 88-45, Art. II, § 2-57, eff. July 6, 1993; P.A. 88-433, § 5, eff. Jan. 1, 1994; P.A. 89-507, Art. 90, § 90L-93, eff. July 1, 1997; P.A. 90-115, § 5, eff. Jan. 1, 1998; P.A. 90-651, § 5, eff. Jan. 1, 1999; P.A. 90-735, § 5, eff. Aug. 11, 1998; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 91-488, § 5, eff. Jan. 1, 2000; P.A. 91-619, § 5, eff. Jan. 1, 2000; P.A. 91-672, § 5, eff. Jan. 1, 2000; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 92-516, § 5, eff. Jan. 1, 2002; P.A. 92-841, § 5, eff. Aug. 22, 2002; P.A. 92-865, § 5, eff. Jan. 3, 2003; P.A. 93-83, § 5, eff. July 2, 2003; P.A. 94-243, § 5, eff. Jan. 1, 2006; P.A. 94-327, § 5, eff. Jan. 1, 2006; P.A. 94-333, § 5, eff. July 26, 2005; P.A. 94-363, § 5, eff. July 29, 2005; P.A. 94-482, § 5, eff. Jan. 1, 2006; P.A. 95-236, § 5, eff. Jan. 1, 2008; P.A. 95-256, § 5, eff. Jan. 1, 2008; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 95-429, § 5, eff. Jan. 1, 2008; P.A. 95-748, § 5, eff. Jan. 1, 2009; P.A. 95-876, § 315, eff. Aug. 21, 2008; P.A. 96-201, § 5, eff. Aug. 10, 2009; P.A. 96-363, § 5, eff. Aug. 13, 2009; P.A. 96-1000, § 600, eff. July 2, 2010. Renumbered and amended as § 12-3.05 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011. Amended by P.A. 97-313, § 5, eff. Jan. 1, 2012; P.A. 97-467, § 5, eff. Jan. 1, 2012; P.A. 97-597, § 5, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
[FN1] 735 ILCS 5/2-202
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.1
Formerly cited as IL ST CH 38 ¶ 12-3.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.1. Battery of an unborn child; aggravated battery of an unborn child
§ 12-3.1. Battery of an unborn child; aggravated battery of an unborn child.
(a) A person commits battery of an unborn child if he or she knowingly without legal justification and by any means causes bodily harm to an unborn child.
(a-5) A person commits aggravated battery of an unborn child when, in committing a battery of an unborn child, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an unborn child.
(b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed.
(c) Sentence. Battery of an unborn child is a Class A misdemeanor. Aggravated battery of an unborn child is a Class 2 felony.
(d) This Section shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, [FN1] to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
CREDIT(S)
Laws 1961, p. 1983, § 12-3.1, added by P.A. 84-1414, § 1, eff. Sept. 19, 1986. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-3.1.
[FN1] 720 ILCS 510/2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.2
Formerly cited as IL ST CH 38 ¶ 12-3.2
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.2. Domestic battery
§ 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member;
(2) Makes physical contact of an insulting or provoking nature with any family or household member.
(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12-3.2) or violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or 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 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1. 60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member. In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.
(c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), unlawful restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or household member shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5-5-6 of the Unified Code of Corrections. [FN1] For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step-child or who is a minor child residing within or visiting the household of the defendant or victim.
(d) Upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.
CREDIT(S)
Laws 1961, p. 1983, § 12-3.2, added by P.A. 86-979, § 1, eff. July 1, 1990. Amended by P.A. 88-467, § 25, eff. July 1, 1994; P.A. 90-734, § 5, eff. Jan. 1, 1999; P.A. 91-112, § 5, eff. Oct. 1, 1999; P.A. 91-262, § 5, eff. Jan. 1, 2000; P.A. 91-928, § 5, eff. June 1, 2001; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 92-827, § 5, eff. Aug. 22, 2002; P.A. 93-336, § 5, eff. Jan. 1, 2004; P.A. 93-809, § 5, eff. Jan. 1, 2005; P.A. 94-148, § 5, eff. Jan. 1, 2006; P.A. 96-287, § 5, eff. Aug. 11, 2009; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 96-1551, Art. 2, § 1035, eff. July 1, 2011; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-3.2.
[FN1] 730 ILCS 5/5-5-6
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.3. Aggravated domestic battery
§ 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), "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.
(b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.
(c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of aggravated domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.
CREDIT(S)
Laws 1961, p. 1983, § 12-3.3, added by P.A. 91-445, § 5, eff. Jan. 1, 2000. Amended by P.A. 96-287, § 5, eff. Aug. 11, 2009; P.A. 96-363, § 5, eff. Aug. 13, 2009; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.4
Formerly cited as IL ST CH 38 ¶ 12-30; 720 ILCS 5/12-30
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.4. Violation of an order of protection
§ 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she knowingly 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, [FN1]
(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 law 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; [FN2] 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 [FN3] 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. For purposes of this Section, an "border of protection" may have been issued in a criminal or civil proceeding.
(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) 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.
(c) 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.
(d) Violation of an order of protection is a Class A misdemeanor. Violation of an order of protection 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 12-3.4 or 12-30) or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as a domestic battery or violation of an order of protection. 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 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or 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 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), aggravated discharge of a firearm (Section 24-1.2), or a violation of any former law of this State that is substantially similar to any listed offense, or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as one of the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963. 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 [FN4] or to make restitution to the victim under Section 5-5-6 of the Unified Code of Corrections. [FN5] In addition to any other penalties, including those imposed by Section 5-9-1.5 of the Unified Code of Corrections, [FN6] the court shall impose an additional fine of $20 as authorized by Section 5-9-1.11 of the Unified Code of Corrections [FN7] 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) (Blank).
(f) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
CREDIT(S)
Laws 1961, p. 1983, § 12-30, added by P.A. 84-1305, Art. IV, § 401, eff. Aug. 21, 1986. Amended by P.A. 88-430, § 5, eff. Jan. 1, 1994; P.A. 88-467, § 25, eff. July 1, 1994; P.A. 88-670, Art. 2, § 2-64, eff. Dec. 2, 1994; P.A. 90-241, § 10, eff. Jan. 1, 1998; P.A. 90-732, § 5, eff. Aug. 11, 1998; P.A. 90-734, § 5, eff. Jan. 1, 1999; P.A. 91-112, § 5, eff. Oct. 1, 1999; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 92-827, § 5, eff. Aug. 22, 2002. Renumbered and amended as § 12-3.4 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011. Amended by P.A. 96-1551, Art. 2, § 1035, eff, July 1, 2011; P.A. 97-311, § 5, eff. Aug. 11, 2011; P.A. 97-919, § 5, eff. Aug. 10, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-30.
[FN1] 750 ILCS 60/214.
[FN2] 725 ILCS 5/112A-4.
[FN3] 750 ILCS 60/101 et seq.
[FN4] 730 ILCS 5/5-9-1.
[FN5] 730 ILCS 5/5-5-6.
[FN6] 730 ILCS 5/5-9-1.5.
[FN7] 730 ILCS 5/5-9-1.11.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.5
Formerly cited as 720 ILCS 5/12-6.3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.5. Interfering with the reporting of domestic violence
§ 12-3.5. Interfering with the reporting of domestic violence.
(a) A person commits interfering with the reporting of domestic violence when, after having committed an act of domestic violence, he or she knowingly prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 9-1-1 emergency telephone system, obtaining medical assistance, or making a report to any law enforcement official.
(b) For the purposes of this Section:
"Domestic violence" shall have the meaning ascribed to it in Section 112A-3 of the Code of Criminal Procedure of 1963. [FN1]
(c) Sentence. Interfering with the reporting of domestic violence is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 12-6.3, added by P.A. 90-118, § 2, eff. Jan. 1, 1998. Renumbered and amended as § 12-3.5 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
[FN1] 725 ILCS 5/112A-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-3.6
Formerly cited as IL ST CH 38 ¶ 45-1; IL ST CH 38 ¶ 45-2; 720 ILCS 5/45-1; 720 ILCS 5/45-2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-3.6. Disclosing location of domestic violence victim
§ 12-3.6. Disclosing location of domestic violence victim.
(a) As used in this Section:
"Domestic violence" means attempting to cause or causing abuse of a family or household member or high-risk adult with disabilities, or attempting to cause or causing neglect or exploitation of a high-risk adult with disabilities which threatens the adult's health and safety.
"Family or household member" means a spouse, person living as a spouse, parent, or other adult person related by consanguinity or affinity, who is residing or has resided with the person committing domestic violence. "Family or household member" includes a high-risk adult with disabilities who resides with or receives care from any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of an adult with disabilities voluntarily, by express or implied contract, or by court order.
"High-risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.
"Abuse", "exploitation", and "neglect" have the meanings ascribed to those terms in Section 103 of the Illinois Domestic Violence Act of 1986. [FN1]
(b) A person commits disclosure of location of domestic violence victim when he or she publishes, disseminates or otherwise discloses the location of any domestic violence victim, without that person's authorization, knowing the disclosure will result in, or has the substantial likelihood of resulting in, the threat of bodily harm.
(c) Nothing in this Section shall apply to confidential communications between an attorney and his or her client.
(d) Sentence. Disclosure of location of domestic violence victim is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 45-1, § 45-2, added by P.A. 87-441, § 1, eff. Sept. 11, 1991. Amended by P.A. 88-45, Art. II, § 2-57, eff. July 6, 1993. § 45-1 and § 45-2 renumbered as § 12-3.6 and amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 45-1; Ill.Rev.Stat.1991, ch. 38, ¶ 45-2.
[FN1] 750 ILCS 60/103.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4
Formerly cited as IL ST CH 38 ¶ 12-4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-4. § 12-4. Renumbered as § 12-3.05 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.1
Formerly cited as IL ST CH 38 ¶ 12-4.1; 38 ¶ 12-4.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-4.1 to 5/12-4.4. §§ 12-4.1 to 12-4.4. Repealed by P.A. 96-1551, Art. 5, § 5-6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.2
Formerly cited as IL ST CH 38 ¶ 12-4.1; 38 ¶ 12-4.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-4.1 to 5/12-4.4. §§ 12-4.1 to 12-4.4. Repealed by P.A. 96-1551, Art. 5, § 5-6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.2-5
Formerly cited as IL ST CH 38 ¶ 12-4.1; 38 ¶ 12-4.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-4.1 to 5/12-4.4. §§ 12-4.1 to 12-4.4. Repealed by P.A. 96-1551, Art. 5, § 5-6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.3
Formerly cited as IL ST CH 38 ¶ 12-4.1; 38 ¶ 12-4.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-4.1 to 5/12-4.4. §§ 12-4.1 to 12-4.4. Repealed by P.A. 96-1551, Art. 5, § 5-6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.4
Formerly cited as IL ST CH 38 ¶ 12-4.1; 38 ¶ 12-4.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 5. Assault and Battery
5/12-4.1 to 5/12-4.4. §§ 12-4.1 to 12-4.4. Repealed by P.A. 96-1551, Art. 5, § 5-6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.4a
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability
§ 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability.
(a) Abuse or criminal neglect of a long term care facility resident.
(1) A person or an owner or licensee commits abuse of a long term care facility resident when he or she knowingly causes any physical or mental injury to, or commits any sexual offense in this Code against, a resident.
(2) A person or an owner or licensee commits criminal neglect of a long term care facility resident when he or she recklessly:
(A) performs acts that cause a resident'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;
(B) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the life or health of a resident, and that failure causes the resident'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
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, 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.
(b) Criminal abuse or neglect of an elderly person or person with a disability.
(1) A caregiver commits criminal abuse or neglect of an elderly person or person with a disability when he or she knowingly does any of the following:
(A) performs acts that cause the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
(B) 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 person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or interferes with the personal liberty of the person; or
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.
(c) Offense not applicable.
(1) Nothing in this Section applies 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.
(2) Nothing in this Section imposes criminal liability on a caregiver who 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 or her own was unable to provide such care.
(3) Nothing in this Section applies to the medical supervision, regulation, or control of the remedial care or treatment of residents in a long term care 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 as described in Section 3-803 of the Nursing Home Care Act, Section 3-803 of the Specialized Mental Health Rehabilitation Act, or Section 3-803 of the ID/DD Community Care Act.
(4) Nothing in this Section prohibits a caregiver from providing treatment to an elderly person or person with a disability 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.
(5) Nothing in this Section limits the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
(d) Sentence.
(1) Long term care facility. Abuse of a long term care facility resident is a Class 3 felony. Criminal neglect of a long term care facility resident is a Class 4 felony, unless it results in the resident's death in which case it is a Class 3 felony. Neglect of a long term care facility resident is a petty offense.
(2) Caregiver. Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony, unless it results in the person's death in which case it is a Class 2 felony, and if imprisonment is imposed it shall be for a minimum term of 3 years and a maximum term of 14 years.
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.
"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 the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following:
(1) 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 or her own health and personal care.
(2) 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.
(3) 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.
(4) 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" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act or the Specialized Mental Health Rehabilitation 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 or her profession.
"Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care.
"Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, the ID/DD Community Care Act, or the Assisted Living and Shared Housing Act.
"Long term care facility" means a private home, institution, building, residence, or 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 Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.
"Owner" means the owner a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act, the owner of a facility as provided in the ID/DD Community Care Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act.
"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 the person incapable of adequately providing for his or her own health and personal care.
"Resident" means a person residing in a long term care facility.
"Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.
CREDIT(S)
Laws 1961, p. 1983, § 12-4.4a, added by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011. Amended by P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.5
Formerly cited as IL ST CH 38 ¶ 12-4.5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.5. Tampering with food, drugs or cosmetics
§ 12-4.5. Tampering with food, drugs or cosmetics.
(a) A person who knowingly puts any substance capable of causing death or great bodily harm to a human being into any food, drug or cosmetic offered for sale or consumption commits tampering with food, drugs or cosmetics.
(b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-4.4, added by P.A. 84-1428, § 5, eff. July 1, 1987. Renumbered § 12-4.5 and amended by P.A. 84-1438, Art. II, § 14, eff. Dec. 22, 1986. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-4.5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.6
Formerly cited as IL ST CH 38 ¶ 12-4.6; 38 ¶ 12-4.7
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.6 to 5/12-4.8. §§ 12-4.6 to 12-4.8. Repealed by P.A. 96-1551, Art. 5, § 10, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.7
Formerly cited as IL ST CH 38 ¶ 12-4.6; 38 ¶ 12-4.7
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.6 to 5/12-4.8. §§ 12-4.6 to 12-4.8. Repealed by P.A. 96-1551, Art. 5, § 10, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.8
Formerly cited as IL ST CH 38 ¶ 12-4.6; 38 ¶ 12-4.7
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.6 to 5/12-4.8. §§ 12-4.6 to 12-4.8. Repealed by P.A. 96-1551, Art. 5, § 10, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.9
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.9. § 12-4.9. Renumbered as § 12C-45 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.10
Effective: September 11, 2005
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.10, 5/12-4.11. §§ 12-4.10, 12-4.11. Repealed by P.A. 94-556, § 1056, eff. Sept. 11, 2005
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.11
Effective: September 11, 2005
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.10, 5/12-4.11. §§ 12-4.10, 12-4.11. Repealed by P.A. 94-556, § 1056, eff. Sept. 11, 2005
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-4.12
Effective: August 21, 2007
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-4.12. § 12-4.12. Repealed by P.A. 94-556, § 1056, eff. Sept. 11, 2005; P.A. 95-331, § 1030, eff. Aug. 21, 2007
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5
Formerly cited as IL ST CH 38 ¶ 12-5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5. Reckless conduct
§ 12-5. Reckless conduct.
(a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that:
(1) cause bodily harm to or endanger the safety of another person; or
(2) cause great bodily harm or permanent disability or disfigurement to another person.
(b) Sentence.
Reckless conduct under subdivision (a)(1) is a Class A misdemeanor. Reckless conduct under subdivision (a)(2) is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-5, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 93-710, § 5, eff. Jan. 1, 2005; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.01
Formerly cited as IL ST CH 38 ¶ 12-16.2; 720 ILCS 12-16.2
Effective: August 21, 2012
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.01. Criminal transmission of HIV
§ 12-5.01. Criminal transmission of HIV.
(a) A person commits criminal transmission of HIV when he or she, with the specific intent to commit the offense:
(1) engages in sexual activity with another without the use of a condom knowing that he or she is infected with HIV;
(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another knowing hat he or she is infected with HIV; or
(3) dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia knowing that he or she is infected with HIV.
(b) For purposes of this Section:
"HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
"Sexual activity" means the insertive vaginal or anal intercourse on the part of an infected male, receptive consensual vaginal intercourse on the part of an infected woman with a male partner, or receptive consensual anal intercourse on the part of an infected man or woman with a male partner.
"Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.
(c) Nothing in this Section shall be construed to require that an infection with HIV has occurred in order for a person to have committed criminal transmission of HIV.
(d) It shall be an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.
(d-5) A court, upon a finding of reasonable suspicion that an individual has committed the crime of criminal transmission of HIV, shall order the production of records of a person accused of the offense of criminal transmission of HIV or the attendance of a person with relevant knowledge thereof so long as the return of the records or attendance of the person pursuant to the subpoena is submitted initially to the court for an in camera inspection. Only upon a finding by the court that the records or proffered testimony are relevant to the pending offense, the information produced pursuant to the court's order shall be disclosed to the prosecuting entity and admissible if otherwise permitted by law.
(e) A person who commits criminal transmission of HIV commits a Class 2 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-16.2, added by P.A. 86-897, § 1, eff. Sept. 11, 1989. Renumbered and amended as § 12-5.01 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011. Amended by P.A. 97-1046, § 10, eff. Aug. 21, 2012.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-16.2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.02
Formerly cited as 720 ILCS 12-2.5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.02. Vehicular endangerment
§ 12-5.02. Vehicular endangerment.
(a) A person commits vehicular endangerment when he or she strikes a motor vehicle by causing an object to fall from an overpass in the direction of a moving motor vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this State.
(b) Sentence. Vehicular endangerment is a Class 2 felony, unless death results, in which case vehicular endangerment is a Class 1 felony.
(c) Definitions. For purposes of this Section:
"Object" means any object or substance that by its size, weight, or consistency is likely to cause great bodily harm to any occupant of a motor vehicle.
"Overpass" means any structure that passes over a highway.
"Motor vehicle" and "highway" have the meanings as defined in the Illinois Vehicle Code. [FN1]
CREDIT(S)
Laws 1961, p. 1983, § 12-2.5, added by P.A. 88-467, § 25, eff. July 1, 1994. Renumbered and amended as § 12-5.02 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
[FN1] 625 ILCS 5/1-100 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.1
Formerly cited as IL ST CH 38 ¶ 12-5.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.1. Criminal housing management
§ 12-5.1. Criminal housing management.
(a) A person commits criminal housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he or she recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of a person other than the defendant.
(b) Sentence.
Criminal housing management is a Class A misdemeanor, and a subsequent conviction is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-5.1, added by Laws 1965, p. 2620, § 1, eff. Jan. 1, 1966. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 85-341, § 1, eff. Jan. 1, 1988; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-5.1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.1a
Formerly cited as 720 ILCS 12-5.15
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.1a. Aggravated criminal housing management
§ 12-5.1a. Aggravated criminal housing management.
(a) A person commits aggravated criminal housing management when he or she commits criminal housing management and:
(1) the condition endangering the health or safety of a person other than the defendant is determined to be a contributing factor in the death of that person; and
(2) the person recklessly conceals or attempts to conceal the condition that endangered the health or safety of the person other than the defendant that is found to be a contributing factor in that death.
(b) Sentence. Aggravated criminal housing management is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-5.15, added by P.A. 93-852, § 5, eff. Aug. 2, 2004. Renumbered and amended as § 12-5.1a by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.2
Formerly cited as IL ST CH 38 ¶ 12-5.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.2. Injunction in connection with criminal housing management or aggravated criminal housing management
§ 12-5.2. Injunction in connection with criminal housing management or aggravated criminal housing management.
(a) In addition to any other remedies, the State's Attorney of the county where the residential property which endangers the health or safety of any person exists is authorized to file a complaint and apply to the circuit court for a temporary restraining order, and such circuit court shall upon hearing grant a temporary restraining order or a preliminary or permanent injunction, without bond, restraining any person who owns, manages, or has any equitable interest in the property, from collecting, receiving or benefiting from any rents or other monies available from the property, so long as the property remains in a condition which endangers the health or safety of any person.
(b) The court may order any rents or other monies owed to be paid into an escrow account. The funds are to be paid out of the escrow account only to satisfy the reasonable cost of necessary repairs of the property which had been incurred or will be incurred in ameliorating the condition of the property as described in subsection (a), payment of delinquent real estate taxes on the property or payment of other legal debts relating to the property. The court may order that funds remain in escrow for a reasonable time after the completion of all necessary repairs to assure continued upkeep of the property and satisfaction of other outstanding legal debts of the property.
(c) The owner shall be responsible for contracting to have necessary repairs completed and shall be required to submit all bills, together with certificates of completion, to the manager of the escrow account within 30 days after their receipt by the owner.
(d) In contracting for any repairs required pursuant to this Section the owner of the property shall enter into a contract only after receiving bids from at least 3 independent contractors capable of making the necessary repairs. If the owner does not contract for the repairs with the lowest bidder, he shall file an affidavit with the court explaining why the lowest bid was not acceptable. At no time, under the provisions of this Section, shall the owner contract with anyone who is not a licensed contractor, except that a contractor need not be licensed if neither the State nor the county, township, or municipality where the residential real estate is located requires that the contractor be licensed. The court may order release of those funds in the escrow account that are in excess of the monies that the court determines to its satisfaction are needed to correct the condition of the property as described in subsection (a).
For the purposes of this Section, "licensed contractor" means: (i) a contractor licensed by the State, if the State requires the licensure of the contractor; or (ii) a contractor licensed by the county, township, or municipality where the residential real estate is located, if that jurisdiction requires the licensure of the contractor.
(e) The Clerk of the Circuit Court shall maintain a separate trust account entitled "Property Improvement Trust Account", which shall serve as the depository for the escrowed funds prescribed by this Section. The Clerk of the Court shall be responsible for the receipt, disbursement, monitoring and maintenance of all funds entrusted to this account, and shall provide to the court a quarterly accounting of the activities for any property, with funds in such account, unless the court orders accountings on a more frequent basis.
The Clerk of the Circuit Court shall promulgate rules and procedures to administer the provisions of this Act.
(f) Nothing in this Section shall in any way be construed to limit or alter any existing liability incurred, or to be incurred, by the owner or manager except as expressly provided in this Act. Nor shall anything in this Section be construed to create any liability on behalf of the Clerk of the Court, the State's Attorney's office or any other governmental agency involved in this action.
Nor shall anything in this Section be construed to authorize tenants to refrain from paying rent.
(g) Costs. As part of the costs of an action under this Section, the court shall assess a reasonable fee against the defendant to be paid to the Clerk of the Circuit Court. This amount is to be used solely for the maintenance of the Property Improvement Trust Account. No money obtained directly or indirectly from the property subject to the case may be used to satisfy this cost.
(h) The municipal building department or other entity responsible for inspection of property and the enforcement of such local requirements shall, within 5 business days of a request by the State's Attorney, provide all documents requested, which shall include, but not be limited to, all records of inspections, permits and other information relating to any property.
CREDIT(S)
Laws 1961, p. 1983, § 12-5.2, added by P.A. 86-584, § 1, eff. Jan. 1, 1990. Amended by P.A. 88-240, § 5, eff. Jan. 1, 1994; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-5.2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.3
Formerly cited as 720 ILCS 12-2.6
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.3. Use of a dangerous place for the commission of a controlled substance or cannabis offense
§ 12-5.3. Use of a dangerous place for the commission of a controlled substance or cannabis offense.
(a) A person commits use of a dangerous place for the commission of a controlled substance or cannabis offense when that person knowingly exercises control over any place with the intent to use that place to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance or controlled substance analog in violation of Section 401 of the Illinois Controlled Substances Act or to manufacture, produce, deliver, or possess with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act and:
(1) the place, by virtue of the presence of the substance or substances used or intended to be used to manufacture a controlled or counterfeit substance, controlled substance analog, or cannabis, presents a substantial risk of injury to any person from fire, explosion, or exposure to toxic or noxious chemicals or gas; or
(2) the place used or intended to be used to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis has located within it or surrounding it devices, weapons, chemicals, or explosives designed, hidden, or arranged in a manner that would cause a person to be exposed to a substantial risk of great bodily harm.
(b) It may be inferred that a place was intended to be used to manufacture a controlled or counterfeit substance or controlled substance analog if a substance containing a controlled or counterfeit substance or controlled substance analog or a substance containing a chemical important to the manufacture of a controlled or counterfeit substance or controlled substance analog is found at the place of the alleged illegal controlled substance manufacturing in close proximity to equipment or a chemical used for facilitating the manufacture of the controlled or counterfeit substance or controlled substance analog that is alleged to have been intended to be manufactured.
(c) As used in this Section, "place" means a premises, conveyance, or location that offers seclusion, shelter, means, or facilitation for manufacturing, producing, possessing, or possessing with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis.
(d) Use of a dangerous place for the commission of a controlled substance or cannabis offense is a Class 1 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-2.6, added by P.A. 93-516, § 5, eff. Jan. 1, 2004. Amended by P.A. 94-743, § 5, eff. May 8, 2006. Renumbered and amended as § 12-5.3 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.5. Common carrier recklessness
§ 12-5.5. Common carrier recklessness.
(a) A person commits common carrier recklessness when he or she, having personal management or control of or over a public conveyance used for the common carriage of persons, recklessly endangers the safety of others.
(b) Sentence. Common carrier recklessness is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-5.5, added by P.A. 89-234, Art. 5, § 5-15, eff. Jan. 1, 1996. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-5.15
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 10. Endangerment
5/12-5.15. § 12-5.15. Renumbered as § 12-5.1a by P.A. 96-1551, Art. 1 § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-6
Formerly cited as IL ST CH 38 ¶ 12-6
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-6. Intimidation
§ 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or any other person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or
(7) Bring about or continue a strike, boycott or other collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
CREDIT(S)
Laws 1961, p. 1983, § 12-6, eff. Jan. 1, 1962. Amended by Laws 1965, p. 387, § 1, eff. July 1, 1965; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 85-1210, § 1, eff. Jan. 1, 1989; P.A. 88-680, Art, 15, § 15-5, eff. Jan. 1, 1995. Re-enacted by P.A. 91-696, Art. 15, § 15-5, eff. April 13, 2000; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-6.
VALIDITY
<Provision of this Section making it an offense to threaten to commit any crime no matter how minor or insubstantial has been held unconstitutional by the U.S. District Court, Northern District, in the case of U.S. ex rel. Holder v. Circuit Court of the 17th Judicial Circuit, N.D. Ill.1985, 624 F.Supp. 68.>
<The Supreme Court of Illinois held that P.A. 88-680 violated the single-subject rule of the Illinois Constitution in the case of People v. Cervantes, 1999, 243 Ill.Dec. 233, 189 Ill.2d 80, 723 N.E.2d 265; P.A. 91-696 re-enacted this section as contained in P.A. 88-680, including any subsequent amendments in order "to remove any question as to the validity or content of those provisions.">
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-6.1
Formerly cited as IL ST CH 38 ¶ 12-6.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-6.1. § 12-6.1. Renumbered as § 12-6.5 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-6.2
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-6.2. Aggravated intimidation
§ 12-6.2. Aggravated intimidation.
(a) A person commits aggravated intimidation when he or she commits intimidation and:
(1) the person committed the offense in furtherance of the activities of an organized gang or because of the person's membership in or allegiance to an organized gang; or
(2) the offense is committed with the intent to prevent any person from becoming a community policing volunteer; or
(3) the following conditions are met:
(A) the person knew that the victim was a peace officer, a correctional institution employee, a fireman, a community policing volunteer, or a civilian reporting information regarding a forcible felony to a law enforcement agency; and
(B) the offense was committed:
(i) while the victim was engaged in the execution of his or her official duties; or
(ii) to prevent the victim from performing his or her official duties;
(iii) in retaliation for the victim's performance of his or her official duties;
(iv) by reason of any person's activity as a community policing volunteer; or
(v) because the person reported information regarding a forcible felony to a law enforcement agency.
(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is a Class 1 felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years.
(c) (Blank).
CREDIT(S)
Laws 1961, p. 1983, § 12-6.2, added by P.A. 89-631, § 5, eff. Jan. 1, 1997. Amended by P.A. 90-651, § 5, eff. Jan. 1, 1999; P.A. 90-655, § 160, eff. July 30, 1998; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-162, § 5, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-6.3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-6.3. § 12-6.3. Renumbered as § 12-3.5 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-6.4
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds and criminal street gang recruitment of a minor
§ 12-6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds and criminal street gang recruitment of a minor.
(a) A person commits criminal street gang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she knowingly threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so.
(a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.
(b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony and criminal street gang recruitment of a minor is a Class 1 felony.
(c) In this Section:
"School grounds" means the building or buildings or real property comprising a public or private elementary or secondary school, community college, college, or university and includes a school yard, school playing field, or school playground.
"Minor" means any person under 18 years of age.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Telecommunications device" means a device that is capable of receiving or transmitting speech, data, signals, text, images, sounds, codes, or other information including, but not limited to, paging devices, telephones, and cellular and mobile telephones.
CREDIT(S)
Laws 1961, p.1983, § 12-6.4, added by P.A. 93-938, § 5, eff. Jan. 1, 2005. Amended by P.A. 96-199, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-6.5
Formerly cited as IL ST CH 38 ¶ 12-6.1; 720 ILCS 5/12-6.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-6.5. Compelling organization membership of persons
§ 12-6.5. Compelling organization membership of persons. A person who knowingly, expressly or impliedly, threatens to do bodily harm or does bodily harm to an individual or to that individual's family or uses any other criminally unlawful means to solicit or cause any person to join, or deter any person from leaving, any organization or association regardless of the nature of such organization or association, is guilty of a Class 2 felony.
Any person of the age of 18 years or older who knowingly, expressly or impliedly, threatens to do bodily harm or does bodily harm to a person under 18 years of age or uses any other criminally unlawful means to solicit or cause any person under 18 years of age to join, or deter any person under 18 years of age from leaving, any organization or association regardless of the nature of such organization or association is guilty of a Class 1 felony.
A person convicted of an offense under this Section shall not be eligible to receive a sentence of probation, conditional discharge, or periodic imprisonment.
CREDIT(S)
Laws 1961, p. 1983, § 12-6.1, added by P.A. 77-1408, § 1, eff. Aug. 1, 1971. Amended by P.A. 82-564, § 1, eff. Sept. 17, 1981; P.A. 84-1075, § 1, eff. Dec. 2, 1985; P.A. 88-680, Art. 40, § 40-10, eff. Jan. 1, 1995; P.A. 89-8, Art. 1, § 1-15, eff. Jan. 1, 1996; P.A. 89-314, § 5, eff. Jan. 1, 1996; P.A. 89-626, Art. 2, § 2-69, eff. Aug. 9, 1996. Re-enacted by P.A. 91-696, Art. 40, § 40-10, eff. April 13, 2000. Renumbered and amended as §12-6.5 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-6.1.
VALIDITY
<The Supreme Court of Illinois held that P.A. 88-680 violated the single-subject rule of the Illinois Constitution in the case of People v. Cervantes, 1999, 243 Ill.Dec. 233, 189 Ill.2d 80, 723 N.E.2d 265; P.A. 91-696 re-enacted this section as contained in P.A. 88-680, including any subsequent amendments in order "to remove any question as to the validity or content of those provisions.">
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7
Formerly cited as IL ST CH 38 ¶ 12-7
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7. Compelling confession or information by force or threat
§ 12-7. Compelling confession or information by force or threat.
(a) A person who, with intent to obtain a confession, statement or information regarding any offense, knowingly inflicts or threatens imminent bodily harm upon the person threatened or upon any other person commits compelling a confession or information by force or threat.
(b) Sentence.
Compelling a confession or information is a: (1) Class 4 felony if the defendant threatens imminent bodily harm to obtain a confession, statement, or information but does not inflict bodily harm on the victim, (2) Class 3 felony if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, and (3) Class 2 felony if the defendant inflicts great bodily harm to obtain a confession, statement, or information.
CREDIT(S)
Laws 1961, p. 1983, § 12-7, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 94-1113, § 105, eff. Jan. 1, 2008; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7.1
Formerly cited as IL ST CH 38 ¶ 12-7.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7.1. Hate crime
§ 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26. 5-3 of this Code, respectively.
(b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed:
(1) in a church, synagogue, mosque, or other building, structure, or place used for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility, including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;
(4) in a public park or an ethnic or religious community center;
(5) on the real property comprising any location specified in clauses (1) through (4) of this subsection (b-5); or
(6) on a public way within 1,000 feet of the real property comprising any location specified in clauses (1) through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes if the offender caused criminal damage to property consisting of religious fixtures, objects, or decorations. The educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission. Nothing in this subsection (b-10) prohibits courses discouraging hate crimes from being made available online. The court may also impose any other condition of probation or conditional discharge under this Section.
(c) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act [FN1] or the Juvenile Court Act of 1987, [FN2] of an unemancipated minor shall be liable for the amount of any judgment for actual damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law. [FN3]
(d) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality.
CREDIT(S)
Laws 1961, p. 1983, § 12-7.1, added by P.A. 82-995, § 1, eff. Jan. 1, 1983. Amended by P.A. 85-1209, Art. III, § 3-30, eff. Aug. 30, 1988; P.A. 85-1388, § 1, eff. Jan. 1, 1989; P.A. 85-1440, Art. II, § 2-54, eff. Feb. 1, 1989; P.A. 86-1418, § 1, eff. Jan. 1, 1991; P.A. 87-440, § 1, eff. Jan. 1, 1992; P.A. 87-1048, § 1, eff. Jan. 1, 1993; P.A. 87-1170, § 1, eff. Jan. 1, 1993; P.A. 88-45, Art. II, § 2-57, eff. July 6, 1993; P.A. 88-259, § 5, eff. Aug. 9, 1993; P.A. 88-659, § 3, eff. Sept. 16, 1994; P.A. 89-689, § 110, eff. Dec. 31, 1996; P.A. 90-578, § 5, eff. June 1, 1998; P.A. 92-830, § 5, eff. Jan. 1, 2003; P.A. 93-463, § 5, eff. Aug. 8, 2003; P.A. 93-765, § 5, eff. July 19, 2004; P.A. 94-80, § 5, eff. June 27, 2005; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-161, § 5, eff. Jan. 1, 2012; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-7.1.
[FN1] Former Ill.Rev.Stat., ch. 57, ¶701-1 et seq. (repealed).
[FN2] 705 ILCS 405/1-1 et seq.
[FN3] 740 ILCS 115/5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7.2
Formerly cited as IL ST CH 38 ¶ 12-7.2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7.2. Educational intimidation
§ 12-7.2. Educational intimidation. (a) A person commits educational intimidation when he knowingly interferes with the right of any child who is or is believed to be afflicted with a chronic infectious disease to attend or participate in the activities of an elementary or secondary school in this State:
(1) by actual or threatened physical harm to the person or property of the child or the child's family; or
(2) by impeding or obstructing the child's right of ingress to, egress from, or freedom of movement at school facilities or activities; or
(3) by exposing or threatening to expose the child, or the family or friends of the child, to public hatred, contempt or ridicule.
(b) Subsection (a) does not apply to the actions of school officials or the school's infectious disease review team who are acting within the course of their professional duties and in accordance with applicable law.
(c) Educational intimidation is a Class C misdemeanor, except that a second or subsequent offense shall be a Class A misdemeanor.
(d) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of educational intimidation may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed pursuant to the Juvenile Court Act [FN1] or the Juvenile Court Act of 1987, [FN2] shall be liable for the amount of any judgment for actual damages awarded against such minor under this subsection (d) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law. [FN3]
CREDIT(S)
Laws 1961, p. 1983, § 12-7.2, added by P.A. 86-890, § 1, eff. Jan. 1, 1990.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-7.2.
[FN1] Former Ill.Rev.Stat. ch. 37, ¶ 701-1 et seq. (repealed).
[FN2] 705 ILCS 405/1-1 et seq.
[FN3] 740 ILCS 115/5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7.3
Formerly cited as IL ST CH 38 ¶ 12-7.3
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7.3. Stalking
§ 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 third person; or
(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 to or of that person or a family member of that person.
(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 to that person or a family member of that person.
(b) Sentence. Stalking is a Class 4 felony; a second or subsequent conviction 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 victim's situation.
(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.
(d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
CREDIT(S)
Laws 1961, p. 1983, § 12-7.3, added by P.A. 87-870, § 1, eff. July 12, 1992; P.A. 87-871, § 1, eff. July 12, 1992. Amended by P.A. 88-402, § 5, eff. Aug. 20, 1993; P.A. 88-677, § 20, eff. Dec. 15, 1994; P.A. 89-377, § 15, eff. Aug. 18, 1995; P.A. 91-640, § 5, eff. Aug. 20, 1999; P.A. 92-827, § 5, eff. Aug. 22, 2002; P.A. 95-33, § 5, eff. Jan. 1, 2008; P.A. 96-686, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-311, § 5, eff. Aug. 11, 2011; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat., ch. 38, ¶ 12-7.3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7.4
Formerly cited as IL ST CH 38 ¶ 12-7.4
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7.4. Aggravated stalking
§ 12-7.4. Aggravated stalking.
(a) A person commits aggravated stalking when he or she commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986. [FN1]
(a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.
(b) Sentence. Aggravated stalking is a Class 3 felony; a second or subsequent conviction is a Class 2 felony.
(c) 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 managing or maintenance 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 of 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) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
CREDIT(S)
Laws 1961, p. 1983, § 12-7.4, added by P.A. 87-870, § 1, eff. July 12, 1992; P.A. 87-871, § 1, eff. July 12, 1992. Amended by P.A. 88-402, § 5, eff. Aug. 20, 1993; P.A. 88-677, § 20, eff. Dec. 15, 1994; P.A. 89-377, § 15, eff. Aug. 18, 1995; P.A. 96-686, § 5, eff. Jan. 1, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-311, § 5, eff. Aug. 11, 2011; P.A. 97-468, § 5, eff. Jan. 1, 2012; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat., ch. 38, ¶ 12-7.4.
[FN1] 750 ILCS 60/214.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7.5
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7.5. Cyberstalking
§ 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 third person; or
(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 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 through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.
(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.
(e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
CREDIT(S)
Laws 1961, p. 1983, §12-7.5, added by P.A. 92-199, § 5, eff. Aug. 1, 2001. Amended by P.A. 95-849, § 5, eff. Jan. 1, 2009; P.A. 96-328, § 330, eff. Aug. 11, 2009; P.A. 96-686, § 5, eff. Jan. 1, 2010; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-303, § 5, eff. Aug. 11, 2011; P.A. 97-311, § 5, eff. Aug. 11, 2011; P.A. 97-1109, § 15-55, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-7.6
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-7.6. Cross burning
§ 12-7.6. Cross burning.
(a) A person commits cross burning when he or she, with the intent to intimidate any other person or group of persons, burns or causes to be burned a cross.
(b) Sentence. Cross burning is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(c) For the purposes of this Section, a person acts with the "intent to intimidate" when he or she intentionally places or attempts to place another person in fear of physical injury or fear of damage to that other person's property.
CREDIT(S)
Laws 1961, p. 1983, § 12-7.6, added by P.A. 93-764, § 5, eff. Jan. 1, 2005. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-8
Formerly cited as IL ST CH 38 ¶ 12-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-8. § 12-8. Repealed by P.A. 89-657, § 200, eff. Aug. 14, 1996
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-9
Formerly cited as IL ST CH 38 ¶ 12-9
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 15. Intimidation
5/12-9. Threatening public officials
§ 12-9. Threatening public officials.
(a) A person commits threatening a public official when:
(1) that person knowingly delivers or conveys, directly or indirectly, to a public official by any means a communication:
(i) containing a threat that would place the public official or a member of his or her immediate family in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
(ii) containing a threat that would place the public official or a member of his or her immediate family in reasonable apprehension that damage will occur to property in the custody, care, or control of the public official or his or her immediate family; and
(2) the threat was conveyed because of the performance or nonperformance of some public duty, because of hostility of the person making the threat toward the status or position of the public official, or because of any other factor related to the official's public existence.
(a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker, caseworker, or investigator, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. " Public official" includes a duly appointed assistant State's Attorney, assistant Attorney General, or Appellate Prosecutor; a sworn law enforcement or peace officer; a social worker, caseworker, or investigator employed by the Department of Healthcare and Family Services, the Department of Human Services, or the Department of Children and Family Services.
(2) "Immediate family" means a public official's spouse or child or children.
(c) Threatening a public official is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense.
CREDIT(S)
Laws 1961, p. 1983, § 12-9, added by P.A. 82-19, § 1, eff. June 30, 1981. Amended by P.A. 83-643, § 1, eff. Jan. 1, 1984; P.A. 83-942, § 1, eff. Nov. 23, 1983; P.A. 87-238, § 1, eff. Jan. 1, 1992; P.A. 91-335, § 5, eff. Jan. 1, 2000; P.A. 91-387, § 5, eff. Jan. 1, 2000; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 95-466, § 5, eff. June 1, 2008; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011; P.A. 97-1079, § 5, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-10
Formerly cited as IL ST CH 38 ¶ 12-10
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-10. § 12-10. Renumbered as § 12C-35 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-10.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-10.1. § 12-10.1. Renumbered as § 12C-40, by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-10.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-10.2. Tongue splitting
§ 12-10.2. Tongue splitting.
(a) In this Section, "tongue splitting" means the cutting of a human tongue into 2 or more parts.
(b) A person may not knowingly perform tongue splitting on another person unless the person performing the tongue splitting is licensed to practice medicine in all its branches under the Medical Practice Act of 1987 or licensed under the Illinois Dental Practice Act.
(c) Sentence. Tongue splitting performed in violation of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
CREDIT(S)
Laws 1961, p. 1983, § 12-10.2, added by P.A. 93-449, § 5, eff. Jan. 1, 2004. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-10.3
Effective: January 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-10.3. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor
§ 12-10.3. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor.
(a) A person, other than the parent or legal guardian of a minor, commits the offense of false representation to a tattoo or body piercing business as the parent or legal guardian of a minor when he or she falsely represents himself or herself as the parent or legal guardian of the minor to an owner or employee of a tattoo or body piercing business for the purpose of:
(1) accompanying the minor to a business that provides tattooing as required under Section 12-10 of this Code (tattooing body of minor);
(2) accompanying the minor to a business that provides body piercing as required under Section 12-10.1 of this Code (piercing the body of a minor); or
(3) furnishing the written consent required under Section 12-10.1 of this Code (piercing the body of a minor).
(b) Sentence. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor is a Class C misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 12-10.3, added by P.A. 96-1311, § 5, eff. Jan. 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/19-6
Formerly cited as IL ST CH 38 ¶ 12-11
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-11. § 12-11. Renumbered as § 19-6 by P.A. 97-1108, § 10-5, eff. January 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-11.1
Formerly cited as IL ST CH 38 ¶ 12-11.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-11.1. § 12-11.1. Renumbered as § 18-6 by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-12
Formerly cited as IL ST CH 38 ¶ 12-12
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-12. § 12-12. Repealed by P.A. 96-1551, Art. 2, § 6, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-13
Formerly cited as IL ST CH 38 ¶ 12-13
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-13. § 12-13. Renumbered as § 11-1.20 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-14
Formerly cited as IL ST CH 38 ¶ 12-14
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-14. § 12-14. Renumbered as § 11-1.30 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-14.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-14.1. § 12-14.1. Renumbered as § 11-1.40 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-15
Formerly cited as IL ST CH 38 ¶ 12-15
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-15. § 12-15. Renumbered as § 11-1.50 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-16
Formerly cited as IL ST CH 38 ¶ 12-16
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-16. § 12-16. Renumbered as § 11-1.60 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-16.1
Formerly cited as IL ST CH 38 ¶ 12-16.1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-16.1. § 12-16.1. Repealed by P.A. 85-1433, § 6, eff. Jan. 11, 1989
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-16.2
Formerly cited as IL ST CH 38 ¶ 12-16.2
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-16.2. § 12-6.2. Renumbered as § 12-5.01 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-17
Formerly cited as IL ST CH 38 ¶ 12-17
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-17. § 12-17. Renumbered as § 11-1.70 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-18
Formerly cited as IL ST CH 38 ¶ 12-18
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-18. § 12-18. Renumbered as § 11-1.10 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-18.1
Formerly cited as IL ST CH 38 ¶ 12-18.1
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-18.1. § 12-18.1. Renumbered as § 11-1.80 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-19
Formerly cited as IL ST CH 38 ¶ 12-19
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-19. § 12-19. Repealed by P.A. 96-1551, § 10, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-20
Formerly cited as IL ST CH 38 ¶ 12-20
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-20. Sale of body parts
§ 12-20. Sale of body parts.
(a) Except as provided in subsection (b), any person who knowingly buys or sells, or offers to buy or sell, a human body or any part of a human body, is guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions.
(b) This Section does not prohibit:
(1) An anatomical gift made in accordance with the Illinois Anatomical Gift Act.
(2) (Blank).
(3) Reimbursement of actual expenses incurred by a living person in donating an organ, tissue or other body part or fluid for transplantation, implantation, infusion, injection, or other medical or scientific purpose, including medical costs, loss of income, and travel expenses.
(4) Payments provided under a plan of insurance or other health care coverage.
(5) Reimbursement of reasonable costs associated with the removal, storage or transportation of a human body or part thereof donated for medical or scientific purposes.
(6) Purchase or sale of blood, plasma, blood products or derivatives, other body fluids, or human hair.
(7) Purchase or sale of drugs, reagents or other substances made from human bodies or body parts, for use in medical or scientific research, treatment or diagnosis.
CREDIT(S)
Laws 1961, p. 1983, § 12-20, added by P.A. 85-191, § 1, eff. Aug. 21, 1987. Amended by P.A. 93-794, § 30, eff. July 22, 2004; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-20.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-20.5
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-20.5. Dismembering a human body
§ 12-20.5. Dismembering a human body.
(a) A person commits dismembering a human body when he or she knowingly dismembers, severs, separates, dissects, or mutilates any body part of a deceased's body.
(b) This Section does not apply to:
(1) an anatomical gift made in accordance with the Illinois Anatomical Gift Act;
(2) (blank);
(3) the purchase or sale of drugs, reagents, or other substances made from human body parts, for the use in medical or scientific research, treatment, or diagnosis;
(4) persons employed by a county medical examiner's office or coroner's office acting within the scope of their employment while performing an autopsy;
(5) the acts of a licensed funeral director or embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code;
(6) the acts of emergency medical personnel or physicians performed in good faith and according to the usual and customary standards of medical practice in an attempt to resuscitate a life; or
(7) physicians licensed to practice medicine in all of its branches or holding a visiting professor, physician, or resident permit under the Medical Practice Act of 1987, performing acts in accordance with usual and customary standards of medical practice, or a currently enrolled student in an accredited medical school in furtherance of his or her education at the accredited medical school.
(c) It is not a defense to a violation of this Section that the decedent died due to natural, accidental, or suicidal causes.
(d) Sentence. Dismembering a human body is a Class X felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-20.5, added by P.A. 93-339, § 5, eff. July 24, 2003. Amended by P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-20.6
Effective: August 24, 2012
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-20.6. Abuse of a corpse
§ 12-20.6. Abuse of a corpse.
(a) In this Section:
"Corpse" means the dead body of a human being.
"Sexual conduct" has the meaning ascribed to the term in Section 11-0.1 of this Code.
(b) A person commits abuse of a corpse if he or she intentionally:
(1) engages in sexual conduct with a corpse or involving a corpse; or
(2) removes or carries away a corpse and is not authorized by law to do so.
(c) Sentence.
(1) A person convicted of violating paragraph (1) of subsection (b) of this Section is guilty of a Class 2 felony.
(2) A person convicted of violating paragraph (2) of subsection (b) of this Section is guilty of a Class 4 felony.
(d) Paragraph (2) of subsection (b) of this Section does not apply to:
(1) persons employed by a county medical examiner's office or coroner' s office acting within the scope of their employment;
(2) the acts of a licensed funeral director or embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code;
(3) cemeteries and cemetery personnel while performing acts pursuant to a bona fide request from the involved cemetery consumer or his or her heirs, or pursuant to an interment or disinterment permit or a court order, or as authorized under Section 14.5 of the Cemetery Protection Act, or any other actions legally authorized for cemetery employees;
(4) the acts of emergency medical personnel or physicians performed in good faith and according to the usual and customary standards of medical practice in an attempt to resuscitate a life;
(5) physicians licensed to practice medicine in a11 of its branches or holding a visiting professor, physician, or resident permit under the Medical Practice Act of 1987, performing acts in accordance with usual and customary standards of medical practice, or a currently enrolled student in an accredited medical school in furtherance of his or her education at the accredited medical school; or
(6) removing or carrying away a corpse by the employees, independent contractors, or other persons designated by the federally designated organ procurement agency engaged in the organ and tissue procurement process.
CREDIT(S)
Laws 1961, p. 1983, § 12-20.6, added by P.A. 97-1072, § 5, eff. Aug. 24, 2012.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-21
Formerly cited as IL ST CH 38 ¶ 12-21
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-21. § 12-21. Repealed by P.A. 96-1551, § 10, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-21.5
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-21.5. § 12-21.5. Renumbered as § 12C-10 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-21.6
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-21.6. § 12-21.6. Renumbered as § 12C-5 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-21.6-5
Effective: January 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-21.6-5. Parent or guardian leaving custody or control of child with child sex offender
§ 12-21.6-5. Parent or guardian leaving custody or control of child with child sex offender.
(a) For the purposes of this Section, "minor" means a person under 18 years of age; and "child sex offender" means a sex offender who is required to register under the Sex Offender Registration Act and is a child sex offender as defined in Sections 11-9.3 and 11-9.4 of this Code.
(b) It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor.
(c) This Section does not apply to leaving the minor in the custody or control of, or allowing unsupervised access to the minor by:
(1) a child sex offender who is the parent of the minor;
(2) a person convicted of a violation of subsection (c) of Section 12-15 of this Code; or
(3) a child sex offender who is married to and living in the same household with the parent or guardian of the minor.
This subsection (c) shall not be construed to allow a child sex offender to knowingly reside within 500 feet of the minor victim of the sex offense if prohibited by subsection (b-6) of Section 11-9.4 of this Code.
(d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(e) Nothing in this Section shall prohibit the filing of a petition or the instituting of any proceeding under Article II of the Juvenile Court Act of 1987 relating to abused minors.
CREDIT(S)
Laws 1961, p. 1983, § 12-21.6-5, added by P.A. 96-1094, § 5, eff. Jan. 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-21.7
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-21.7. § 12-21.7. Repealed by P.A. 97-1109, § 10-925, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-22
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-22. § 12-22. Renumbered as § 12C-15 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-30
Formerly cited as IL ST CH 38 ¶ 12-30
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-30. § 12-30. Renumbered as § 12-3.4 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-31
Formerly cited as IL ST CH 38 ¶ 12-31
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-31. § 12-31. Renumbered § 12-34.5 by P.A. 96-1551, § 5, eff. July 1, 2011
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-32
Formerly cited as IL ST CH 38 ¶ 12-32
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-32. Ritual mutilation
§ 12-32. Ritual mutilation.
(a) A person commits ritual mutilation when he or she knowingly mutilates, dismembers or tortures another person as part of a ceremony, rite, initiation, observance, performance or practice, and the victim did not consent or under such circumstances that the defendant knew or should have known that the victim was unable to render effective consent.
(b) Ritual mutilation does not include the practice of male circumcision or a ceremony, rite, initiation, observance, or performance related thereto.
(c) Sentence. Ritual mutilation is a Class 2 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-31, added by P.A. 86-864, § 1, eff. Jan. 1, 1990. Renumbered § 12-32 and amended by P.A. 86-1028, Art. II, § 2-19, eff. Feb. 5, 1990. Amended by P.A. 90-88, § 5, eff. Jan. 1, 1998; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-32.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-33
Formerly cited as IL ST CH 38 ¶ 12-33
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-33. Ritualized abuse of a child
§ 12-33. Ritualized abuse of a child.
(a) A person commits ritualized abuse of a child when he or she knowingly 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 human corpse.
(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.
(b-5) For the purposes of this Section, "child" means any person under 18 years of age.
(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) (Blank).
CREDIT(S)
Laws 1961, p. 1983, § 12-33, added by P.A. 87-1167, § 1, eff. Jan. 1, 1993. Amended by P.A. 90-88, § 5, eff. Jan. 1, 1998; P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat., ch. 38, ¶ 12-33.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-34
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 20. Mutilation
5/12-34. Female genital mutilation
§ 12-34. Female genital mutilation.
(a) Except as otherwise permitted in subsection (b), whoever knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another commits female genital mutilation. Consent to the procedure by a minor on whom it is performed or by the minor's parent or guardian is not a defense to a violation of this Section.
(b) A surgical procedure is not a violation of subsection (a) if the procedure is performed by a physician licensed to practice medicine in all its branches and:
(1) is necessary to the health of the person on whom it is performed; or
(2) is performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.
(c) Sentence. Female genital mutilation is a Class X felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-34, added by P.A. 90-88, § 5, eff. Jan. 1, 1998. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-34.5
Formerly cited as IL ST CH 38 ¶ 12-31; 720 ILCS 5/12-3
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 25. Other Harm Offenses
5/12-34.5. Inducement to commit suicide
§ 12-34.5. Inducement to commit suicide.
(a) A person commits inducement to commit suicide when he or she does either of the following:
(1) Knowingly coerces another to commit suicide and the other person commits or attempts to commit suicide as a direct result of the coercion, and he or she exercises substantial control over the other person through (i) control of the other person's physical location or circumstances; (ii) use of psychological pressure; or (iii) use of actual or ostensible religious, political, social, philosophical or other principles.
(2) With knowledge that another person intends to commit or attempt to commit suicide, intentionally (i) offers and provides the physical means by which another person commits or attempts to commit suicide, or (ii) participates in a physical act by which another person commits or attempts to commit suicide.
For the purposes of this Section, "attempts to commit suicide" means any act done with the intent to commit suicide and which constitutes a substantial step toward commission of suicide.
(b) Sentence. Inducement to commit suicide under paragraph (a)(1) when the other person commits suicide as a direct result of the coercion is a Class 2 felony. Inducement to commit suicide under paragraph (a)(2) when the other person commits suicide as a direct result of the assistance provided is a Class 4 felony. Inducement to commit suicide under paragraph (a)(1) when the other person attempts to commit suicide as a direct result of the coercion is a Class 3 felony. Inducement to commit suicide under paragraph (a)(2) when the other person attempts to commit suicide as a direct result of the assistance provided is a Class A misdemeanor.
(c) The lawful compliance or a good-faith attempt at lawful compliance with the Illinois Living Will Act, [FN1] the Health Care Surrogate Act, [FN2] or the Powers of Attorney for Health Care Law [FN3] is not inducement to commit suicide under paragraph (a)(2) of this Section.
CREDIT(S)
Laws 1961, p. 1983, § 12-31, added by P.A. 86-980, § 2, eff. July 1, 1990. Amended by P.A. 87-1167, § 1, eff. Jan. 1, 1993; P.A. 88-392, § 5, eff. Aug. 20, 1993. Renumbered and amended as § 12-34.5 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-31.
[FN1] 755 ILCS 35/1 et seq.
[FN2] 755 ILCS 40/1 et seq.
[FN3] 755 ILCS 45/4-1 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-35
Effective: July 1, 2011
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 25. Other Harm Offenses
5/12-35. Sexual conduct or sexual contact with an animal
§ 12-35. Sexual conduct or sexual contact with an animal.
(a) A person may not knowingly engage in any sexual conduct or sexual contact with an animal.
(b) A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal.
(c) A person may not knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control.
(d) A person may not knowingly engage in, promote, aid, or abet any activity involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
(e) Sentence. A person who violates this Section is guilty of a Class 4 felony. A person who violates this Section in the presence of a person under 18 years of age or causes the animal serious physical injury or death is guilty of a Class 3 felony.
(f) In addition to the penalty imposed in subsection (e), the court may order that the defendant do any of the following:
(1) Not harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, if necessary.
(2) Relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society.
(3) Undergo a psychological evaluation and counseling at defendant's expense.
(4) Reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society.
(g) Nothing in this Section shall be construed to prohibit accepted animal husbandry practices or accepted veterinary medical practices by a licensed veterinarian or certified veterinary technician.
(h) If the court has reasonable grounds to believe that a violation of this Section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section.
(i) In this Section:
"Animal" means every creature, either alive or dead, other than a human being.
"Sexual conduct" means any knowing touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal, for the purpose of sexual gratification or arousal of the person.
"Sexual contact" means any contact, however slight, between the sex organ or anus of a person and the sex organ, mouth, or anus of an animal, or any intrusion, however slight, of any part of the body of the person into the sex organ or anus of an animal, for the purpose of sexual gratification or arousal of the person. Evidence of emission of semen is not required to prove sexual contact.
CREDIT(S)
Laws 1961, p. 1983, § 12-35, added by P.A. 92-721, § 5, eff. Jan. 1, 2003. Amended by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-36
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 25. Other Harm Offenses
5/12-36. Possession of unsterilized or vicious dogs by felons prohibited
§ 12-36. Possession of unsterilized or vicious dogs by felons prohibited.
(a) For a period of 10 years commencing upon the release of a person from incarceration, it is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Section 26-5 or 48-1 of this Code, a felony violation of Article 24 of this Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, to knowingly own, possess, have custody of, or reside in a residence with, either:
(1) an unspayed or unneutered dog or puppy older than 12 weeks of age; or
(2) irrespective of whether the dog has been spayed or neutered, any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
(b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as described in subsection (a), must be microchipped for permanent identification.
(c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(d) It is an affirmative defense to prosecution under this Section that the dog in question is neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the defendant being charged with a violation of this Section. Medical records from, or the certificate of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally examined or operated upon the dog, unambiguously indicating whether the dog in question has been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
CREDIT(S)
Laws 1961, p. 1983, § 12-36, added by P.A. 94-818, § 5, eff. Jan. 1, 2007. Amended by P.A. 96-185, § 5, eff. Jan. 1, 2010; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-37
Effective: January 1, 2012
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 25. Other Harm Offenses
5/12-37. Possession and sale of caustic and noxious substances
§ 12-37. Possession and sale of caustic and noxious substances.
(a) Except as provided in subsection (b), it is unlawful for any person knowingly to have in his or her possession or to carry about any of the substances which are regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and are required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label.
(b) Provided that the product is not used to threaten, intimidate, injure, or cause distress to another, the restrictions of subsection (a) do not apply to:
(1) persons while engaged in the legitimate commercial manufacture, distribution, storage, or use of the specified substances;
(2) persons while engaged in legitimate scientific or medical research, study, teaching or treatment involving the use of such substances, including without limitation physicians, pharmacists, scientists, teachers, students, and employees of regularly established laboratories, manufacturing and wholesale pharmacies, retail pharmacies, medical treatment facilities, schools, colleges, and universities;
(3) persons who have procured any of the specified substances for medicinal purposes upon a prescription of a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987;
(4) commercial or consumer products that contain any of the specified substances found in subsection (a) including, but not limited to, batteries;
(5) production agriculture as defined in Section 3-5 of the Use Tax Act;
(6) persons while engaged in the possession or transportation, or both, of a commercial product containing any of the substances specified in subsection (a) for retail sale;
(7) persons while engaged in the possession, transportation, or use, unrelated to a retail sale, of any of the substances specified in subsection (a); or
(8) persons engaged in the possession, transportation, or use of a commercial product containing any of the substances specified in subsection (a).
(c) Sentence. A violation of this Section is a Class 4 felony.
(d) The regulation of the possession and carrying of caustic and noxious substances under this Section is an exclusive power and function of the State. A home rule unit may not regulate the possession and carrying of caustic and noxious substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
CREDIT(S)
Laws 1961, p. 1983, § 12-37, added by P.A. 97-565, § 5, eff. Jan. 1, 2012.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12-38
Effective: August 10, 2012
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12. Bodily Harm (Refs & Annos)
Subdivision 25. Other Harm Offenses
5/12-38. Restrictions on purchase or acquisition of corrosive or caustic acid
§ 12-38. Restrictions on purchase or acquisition of corrosive or caustic acid.
(a) A person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and is required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, must prior to taking possession:
(1) provide a valid driver's license or other government-issued identification showing the person's name, date of birth, and photograph; and
(2) sign a log documenting the name and address of the person, date and time of the transaction, and the brand, product name and net weight of the item.
(b) Exemption. The requirements of subsection (a) do not apply to batteries or household products. For the purposes of this Section, " household product" means any product which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household, including, but not limited to, products which are customarily produced and distributed for use in or about a household as a cleaning agent, drain cleaner, pesticide, epoxy, paint, stain, or similar substance.
(c) Rules and Regulations. The Illinois Department of State Police shall have the authority to promulgate rules for the implementation and enforcement of this Section.
(d) Sentence. Any violation of this Section is a business offense for which a fine not exceeding $150 for the first violation, $500 for the second violation, or $1,500 for the third and subsequent violations within a 12-month period shall be imposed.
(e) Preemption. The regulation of the purchase or acquisition, or both, of a caustic or corrosive substance and any registry regarding the sale or possession, or both, of a caustic or corrosive substance is an exclusive power and function of the State. A home rule unit may not regulate the purchase or acquisition of caustic or corrosive substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
CREDIT(S)
Laws 1961, p. 1983, § 12-38, added by P.A. 97-565, § 5, eff. Jan. 1, 2012. Amended by P.A. 97-929, § 5, eff. Aug. 10, 2012.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 12A, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games
DATE EFFECTIVE
<Article 12A added effective January 1, 2006>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12A-1
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games (Refs & Annos)
5/12A-1. Short title
§ 12A-1. Short title. This Article may be cited as the Violent Video Games Law.
CREDIT(S)
Laws 1961, p. 1983, § 12A-1, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12A-5
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games (Refs & Annos)
5/12A-5. Findings
§ 12A-5. Findings.
(a) The General Assembly finds that minors who play violent video games are more likely to:
(1) Exhibit violent, asocial, or aggressive behavior.
(2) Experience feelings of aggression.
(3) Experience a reduction of activity in the frontal lobes of the brain which is responsible for controlling behavior.
(b) While the video game industry has adopted its own voluntary standards describing which games are appropriate for minors, those standards are not adequately enforced.
(c) Minors are capable of purchasing and do purchase violent video games.
(d) The State has a compelling interest in assisting parents in protecting their minor children from violent video games.
(e) The State has a compelling interest in preventing violent, aggressive, and asocial behavior.
(f) The State has a compelling interest in preventing psychological harm to minors who play violent video games.
(g) The State has a compelling interest in eliminating any societal factors that may inhibit the physiological and neurological development of its youth.
(h) The State has a compelling interest in facilitating the maturation of Illinois' children into law-abiding, productive adults.
CREDIT(S)
Laws 1961, p. 1983, § 12A-5, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, Eastern Division, has held subsec. (a) of this section unconstitutional in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill. Dec. 2, 2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12A-10
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games (Refs & Annos)
5/12A-10. Definitions
§ 12A-10. Definitions. For the purposes of this Article, the following terms have the following meanings:
(a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
(c) "Minor" means a person under 18 years of age.
(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Violent" video games include depictions of or simulations of human-on-human violence in which the player kills or otherwise causes serious physical harm to another human. "Serious physical harm" includes depictions of death, dismemberment, amputation, decapitation, maiming, disfigurement, mutilation of body parts, or rape.
CREDIT(S)
Laws 1961, p. 1983, § 12A-10, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, Eastern Division, has held subsec. (e) of this section unconstitutional in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill. Dec. 2, 2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12A-15
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games (Refs & Annos)
5/12A-15. Restricted sale or rental of violent video games
§ 12A-15. Restricted sale or rental of violent video games.
(a) A person who sells, rents, or permits to be sold or rented, any violent video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed.
(b) A person who sells, rents, or permits to be sold or rented any violent video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed.
(c) A person may not sell or rent, or permit to be sold or rented, any violent video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.
(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.
CREDIT(S)
Laws 1961, p. 1983, § 12A-15, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12A-20
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games (Refs & Annos)
5/12A-20. Affirmative defense
§ 12A-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense:
(1) that the defendant was a family member of the minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;
(2) that the minor who purchased the video game exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;
(3) for the video game retailer, if the retail sales clerk had complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so; or
(4) that the video game sold or rented was pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.
CREDIT(S)
Laws 1961, p. 1983, § 12A-20, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12A-25
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12A. Violent Video Games (Refs & Annos)
5/12A-25. Labeling of violent video games
§ 12A-25. Labeling of violent video games.
(a) Video game retailers shall label all violent video games as defined in this Article, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package.
(b) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
CREDIT(S)
Laws 1961, p. 1983, § 12A-25, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 12B, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games
DATE EFFECTIVE
<Article 12B added effective January 1, 2006>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-1
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-1. Short title
§ 12B-1. Short title. This Article may be cited as the Sexually Explicit Video Games Law.
CREDIT(S)
Laws 1961, p. 1983, § 12B-1, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-5
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-5. Findings
§ 12B-5. Findings. The General Assembly finds sexually explicit video games inappropriate for minors and that the State has a compelling interest in assisting parents in protecting their minor children from sexually explicit video games.
CREDIT(S)
Laws 1961, p. 1983, § 12B-5, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-10
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-10. Definitions
§ 12B-10. Definitions. For the purposes of this Article, the following terms have the following meanings:
(a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
(c) "Minor" means a person under 18 years of age.
(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Sexually explicit" video games include those that the average person, applying contemporary community standards would find, with respect to minors, is designed to appeal or pander to the prurient interest and depict or represent in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.
CREDIT(S)
Laws 1961, p. 1983, § 12B-10, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-15
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-15. Restricted sale or rental of sexually explicit video games
§ 12B-15. Restricted sale or rental of sexually explicit video games.
(a) A person who sells, rents, or permits to be sold or rented, any sexually explicit video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed.
(b) A person who sells, rents, or permits to be sold or rented any sexually explicit video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed.
(c) A person may not sell or rent, or permit to be sold or rented, any sexually explicit video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.
(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a sexually explicit video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.
CREDIT(S)
Laws 1961, p. 1983, § 12B-15, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, Eastern Division, has held this section unconstitutional in Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill. Dec. 2, 2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-20
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-20. Affirmative defenses
§ 12B-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense:
(1) that the defendant was a family member of the minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;
(2) that the minor who purchased the video game exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;
(3) for the video game retailer, if the retail sales clerk had complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so; or
(4) that the video game sold or rented was pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.
CREDIT(S)
Laws 1961, p. 1983, § 12B-20, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-25
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-25. Labeling of sexually explicit video games
§ 12B-25. Labeling of sexually explicit video games.
(a) Video game retailers shall label all sexually explicit video games as defined in this Act, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package.
(b) A retailer who fails to comply with this Section is guilty of a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
CREDIT(S)
Laws 1961, p. 1983, § 12B-25, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-30
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-30. Posting notification of video games rating system
§ 12B-30. Posting notification of video games rating system.
(a) A retailer who sells or rents video games shall post a sign that notifies customers that a video game rating system, created by the Entertainment Software Ratings Board, is available to aid in the selection of a game. The sign shall be prominently posted in, or within 5 feet of, the area in which games are displayed for sale or rental, at the information desk if one exists, and at the point of purchase.
(b) The lettering of each sign shall be printed, at a minimum, in 36-point type and shall be in black ink against a light colored background, with dimensions of no less than 18 by 24 inches.
(c) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
CREDIT(S)
Laws 1961, p. 1983, § 12B-30, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12B-35
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12B. Sexually Explicit Video Games (Refs & Annos)
5/12B-35. Availability of brochure describing rating system
§ 12B-35. Availability of brochure describing rating system.
(a) A video game retailer shall make available upon request a brochure to customers that explains the Entertainment Software Ratings Board ratings system.
(b) A retailer who fails to comply with this Section shall receive the punishment described in subsection (b) of Section 12B-25.
CREDIT(S)
Laws 1961, p. 1983, § 12B-35, added by P.A. 94-315, § 5, eff. Jan. 1, 2006.
VALIDITY
<The United States District Court, N. D. Illinois, held this section violated the First Amendment of the U.S. Constitution because the definition of a violent video game is vague and there is no showing that the violent content is directed at inciting or producing imminent lawless action, and because the statute does not provide for consideration of the whole content of a sexually explicit video or for consideration of the value of that video, in the case of Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-5
Formerly cited as 720 ILCS 5/12-21.6
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 1. Endangerment and Neglect Offenses
5/12C-5. Endangering the life or health of a child
§ 12C-5. Endangering the life or health of a child.
(a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. [FN1]
(b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left in a motor vehicle for more than 10 minutes.
(c) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person.
(d) Sentence. A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
CREDIT(S)
Laws 1961, p. 1983, § 12-21.6, added by P.A. 88-479, § 10, eff. Sept. 9, 1993. Amended by P.A. 90-687, § 5, eff. July 31, 1998; P.A. 92-408, § 96, eff. Aug. 17, 2001; P.A. 92-432, § 96, eff. Aug. 17, 2001; P.A. 92-515, § 5, eff. June 1, 2002; P.A. 92-651, § 81, eff. July 11, 2002. Amended and renumbered as § 12C-5 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
[FN1] 325 ILCS 2/1 et seq.
VALIDITY
<Subsection (b)'s mandatory rebuttable presumption that leaving a child age 6 years or younger unattended in a motor vehicle for more that 10 minutes endangers the life or health of the child violates the due process clauses of U.S. Const., Amend. XIV and IL Const. Art I, § 2. People v. Jordan, 354 Ill.App.3d 294, 820 N.E.2d 1083, 290 Ill.Dec. 16, appeal allowed, 214 Ill.2d. 543, 830 N.E.2d 6, 294 Ill.Dec. 6, judgment affirmed in part, reversed in part, 218 Ill.2d 255, 843 N.E.2d 870, 300 Ill.Dec. 270.>
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-10
Formerly cited as 720 ILCS 5/12-21.5
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 1. Endangerment and Neglect Offenses
5/12C-10. Child abandonment
§ 12C-10. Child abandonment.
(a) A person commits 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. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. [FN1]
(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 without supervision;
(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 without supervision;
(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 for the child;
(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) [FN2]Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
CREDIT(S)
Laws 1961, p. 1983, § 12-21.5, added by P.A. 88-479, § 10, eff. Sept. 9, 1993. Amended by P.A. 92-408, § 96, eff. Aug. 17, 2001; P.A. 92-432, § 96, eff. Aug. 17, 2001. Amended and renumbered as § 12C-10 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
[FN1] 325 ILCS 2/1 et seq.
[FN2] No subsec. (c) in enrolled bill.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-15
Formerly cited as 720 ILCS 5/12-22
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 1. Endangerment and Neglect Offenses
5/12C-15. Child abandonment or endangerment; probation
§ 12C-15. Child abandonment or endangerment; probation.
(a) Whenever a parent of a child as determined by the court on the facts before it, pleads guilty to or is found guilty of, with respect to his or her child, child abandonment under Section 12C-10 of this Article or endangering the life or health of a child under Section 12C-5 of this Article, the court may, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person upon probation upon the reasonable terms and conditions as the court may require. At least one term of the probation shall require the person to cooperate with the Department of Children and Family Services at the times and in the programs that the Department of Children and Family Services may require.
(b) Upon fulfillment of the terms and conditions imposed under subsection (a), the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be considered a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. However, a record of the disposition shall be reported by the clerk of the circuit court to the Department of State Police under Section 2.1 of the Criminal Identification Act, [FN1] and the record shall be maintained and provided to any civil authority in connection with a determination of whether the person is an acceptable candidate for the care, custody and supervision of children.
(c) Discharge and dismissal under this Section may occur only once.
(d) Probation under this Section may not be for a period of less than 2 years.
(e) If the child dies of the injuries alleged, this Section shall be inapplicable.
CREDIT(S)
Laws 1961, p. 1983, § 12-22, added by P.A. 88-479, § 10, eff. Sept. 9, 1993. Amended and renumbered as § 12C-15 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
[FN1] 20 ILCS 2630/2.1
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-20
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 1. Endangerment and Neglect Offenses
5/12C-20. Abandonment of a school bus containing children
§ 12C-20. Abandonment of a school bus containing children.
(a) A school bus driver commits abandonment of a school bus containing children when he or she knowingly abandons the school bus while it contains any children who are without other adult supervision, except in an emergency where the driver is seeking help or otherwise acting in the best interests of the children.
(b) Sentence. A violation of this Section is a Class A misdemeanor for a first offense, and a Class 4 felony for a second or subsequent offense.
CREDIT(S)
Laws 1961, p. 1983, § 12C-20, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-25
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 1. Endangerment and Neglect Offenses
5/12C-25. Contributing to the dependency and neglect of a minor
§ 12C-25. Contributing to the dependency and neglect of a minor.
(a) Any parent, legal guardian or person having the custody of a child under the age of 18 years commits contributing to the dependency and neglect of a minor when he or she knowingly: (1) causes, aids, or encourages such minor to be or to become a dependent and neglected minor; (2) does acts which directly tend to render any such minor so dependent and neglected; or (3) fails to do that which will directly tend to prevent such state of dependency and neglect. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
(b) "Dependent and neglected minor" means any child who, while under the age of 18 years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be is an unfit place for such child; and any child who while under the age of 10 years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing.
(c) Sentence. A violation of this Section is a Class A misdemeanor.
(d) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
CREDIT(S)
Laws 1961, p. 1983, § 12C-25, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-30
Formerly cited as IL ST CH 38 ¶ 33D-1; 720 ILCS 5/33D-1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 1. Endangerment and Neglect Offenses
5/12C-30. Contributing to the delinquency or criminal delinquency of a minor
§ 12C-30. Contributing to the delinquency or criminal delinquency of a minor.
(a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent.
(b) Contributing to the criminal delinquency of a minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
(c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense.
(d) Sentence.
(1) A violation of subsection (a) is a Class A misdemeanor.
(2) A violation of subsection (b) is:
(i) a Class C misdemeanor if the offense committed is a petty offense or a business offense;
(ii) a Class B misdemeanor if the offense committed is a Class C misdemeanor;
(iii) a Class A misdemeanor if the offense committed is a Class B misdemeanor;
(iv) a Class 4 felony if the offense committed is a Class A misdemeanor;
(v) a Class 3 felony if the offense committed is a Class 4 felony;
(vi) a Class 2 felony if the offense committed is a Class 3 felony;
(vii) a Class 1 felony if the offense committed is a Class 2 felony; and
(viii) a Class X felony if the offense committed is a Class 1 felony or a Class X felony.
(3) A violation of subsection (b) incurs the same penalty as first degree murder if the committed offense is first degree murder.
(e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
CREDIT(S)
Laws 1961, p. 1983, § 33D-1, added by P.A. 85-906, § 1, eff. Nov. 23, 1987. Amended by P.A. 91-337, § 5, eff. Jan. 1, 2000. Amended and renumbered as 12C-30 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 33D-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-35
Formerly cited as IL ST CH 38 ¶ 12-10; 720 ILCS 5/12-10
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 5. Bodily Harm Offenses
5/12C-35. Tattooing the body of a minor
§ 12C-35. Tattooing the body of a minor.
(a) A person, other than a person licensed to practice medicine in all its branches, commits tattooing the body of a minor when he or she knowingly or recklessly tattoos or offers to tattoo a person under the age of 18.
(b) A person who is an owner or employee of a business that performs tattooing, other than a person licensed to practice medicine in all its branches, may not permit a person under 18 years of age to enter or remain on the premises where tattooing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.
(c) "Tattoo " means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
(d) Subsection (a) of this Section does not apply to a person under 18 years of age who tattoos or offers to tattoo another person under 18 years of age away from the premises of any business at which tattooing is performed.
(e) Sentence. A violation of this Section is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 12-10, added by Laws 1963, p. 785, § 1, eff. July 1, 1963. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 94-684, § 5, eff. Jan. 1, 2006. Amended and renumbered as § 12C-35 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 12-10.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-40
Formerly cited as 720 ILCS 5/12-10.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 5. Bodily Harm Offenses
5/12C-40. Piercing the body of a minor
§ 12C-40. Piercing the body of a minor.
(a)(1) A person commits piercing the body of a minor when he or she knowingly or recklessly pierces the body of a person under 18 years of age without written consent of a parent or legal guardian of that person. Before the oral cavity of a person under 18 years of age may be pierced, the written consent form signed by the parent or legal guardian must contain a provision in substantially the following form:
"I understand that the oral piercing of the tongue, lips, cheeks, or any other area of the oral cavity carries serious risk of infection or damage to the mouth and teeth, or both infection and damage to those areas, that could result but is not limited to nerve damage, numbness, and life threatening blood clots.".
A person who pierces the oral cavity of a person under 18 years of age without obtaining a signed written consent form from a parent or legal guardian of the person that includes the provision describing the health risks of body piercing, violates this Section.
(2) A person who is an owner or employed by a business that performs body piercing may not permit a person under 18 years of age to enter or remain on the premises where body piercing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.
(b) "Pierce " means to make a hole in the body in order to insert or allow the insertion of any ring, hoop, stud, or other object for the purpose of ornamentation of the body. "Piercing" does not include tongue splitting as defined in Section 12-10.2. The term "body" includes the oral cavity.
(c) Exceptions. This Section may not be construed in any way to prohibit any injection, incision, acupuncture, or similar medical or dental procedure performed by a licensed health care professional or other person authorized to perform that procedure or the presence on the premises where that procedure is being performed by a health care professional or other person authorized to perform that procedure of a person under 18 years of age who is not accompanied by a parent or legal guardian. This Section does not prohibit ear piercing. This Section does not apply to a minor emancipated under the Juvenile Court Act of 1987 [FN1] or the Emancipation of Minors Act [FN2] or by marriage. This Section does not apply to a person under 18 years of age who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which body piercing or oral cavity piercing is performed.
(d) Sentence. A violation of this Section is a Class A misdemeanor.
CREDIT(S)
Laws 1961, p. 1983, § 12-10.1, added by P.A. 91-412, § 5, eff. Sept. 5, 1999. Amended by P.A. 92-692, § 5, eff. Jan. 1, 2003; P.A. 93-449, § 5, eff. Jan. 1, 2004; P.A. 94-684, § 5, eff. Jan. 1, 2006. Amended and renumbered as § 12C-40 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
[FN1] 705 ILCS 405/1-1 et seq.
[FN2] 750 ILCS 30/1 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-45
Formerly cited as 720 ILCS 5/12-4.9
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 5. Bodily Harm Offenses
5/12C-45. Drug induced infliction of harm to a child athlete
§ 12C-45. Drug induced infliction of harm to a child athlete.
(a) A person commits drug induced infliction of harm to a child athlete when he or she knowingly distributes a drug to or encourages the ingestion of a drug by a person under the age of 18 with the intent that the person under the age of 18 ingest the drug for the purpose of a quick weight gain or loss in connection with participation in athletics.
(b) This Section does not apply to care under usual and customary standards of medical practice by a physician licensed to practice medicine in all its branches or to the sale of drugs or products by a retail merchant.
(c) Drug induced infliction of harm to a child athlete is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12-4.9, added by P.A. 89-632, § 5, eff. Jan. 1, 1997. Amended and renumbered as § 12C-45 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-50
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 5. Bodily Harm Offenses
5/12C-50. Hazing
§ 12C-50. Hazing.
(a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution, if:
(1) the act is not sanctioned or authorized by that educational institution; and
(2) the act results in bodily harm to any person.
(b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony.
CREDIT(S)
Laws 1961, p. 1983, § 12C-50, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-60
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 10. Curfew Offenses
5/12C-60. Curfew
§ 12C-60. Curfew.
(a) Curfew offenses.
(1) A minor commits a curfew offense when he or she remains in any public place or on the premises of any establishment during curfew hours.
(2) A parent or guardian of a minor or other person in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
(8) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
(C) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(2) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3) "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
(4) "Guardian" means:
(A) a person who, under court order, is the guardian of the person of a minor; or
(B) a public or private agency with whom a minor has been placed by a court.
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or step-parent of another person; or
(B) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(7) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(8) "Remain" means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(9) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(e) Sentence. A violation of this Section is a petty offense with a fine of not less than $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section shall not conflict with the dates and times that the person is employed in his or her regular occupation.
(f) County, municipal and other local boards and bodies authorized to adopt local police laws and regulations under the constitution and laws of this State may exercise legislative or regulatory authority over this subject matter by ordinance or resolution incorporating the substance of this Section or increasing the requirements thereof or otherwise not in conflict with this Section.
CREDIT(S)
Laws 1961, p. 1983, § 12C-60, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-65
Formerly cited as IL ST CH 38 ¶ 44-2; 720 ILCS 5/44-2
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 15. Miscellaneous Offenses
5/12C-65. Unlawful transfer of a telecommunications device to a minor
§ 12C-65. Unlawful transfer of a telecommunications device to a minor.
(a) A person commits unlawful transfer of a telecommunications device to a minor when he or she gives, sells or otherwise transfers possession of a telecommunications device to a person under 18 years of age with the intent that the device be used to commit any offense under this Code, the Cannabis Control Act, [FN1] the Illinois Controlled Substances Act, [FN2] or the Methamphetamine Control and Community Protection Act.
(b) "Telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts.
(c) Sentence. A violation of this Section is a Class A misdemeanor.
(d) Seizure and forfeiture of property. Any person who commits the offense of unlawful transfer of a telecommunications device to a minor as set forth in this Section is subject to the property forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.
CREDIT(S)
Laws 1961, p. 1983, § 44-2, added by P.A. 86-811, § 1, eff. Jan. 1, 1990. Amended by P.A. 94-556, § 1055, eff. Sept. 11, 2005. Amended and renumbered as § 12C-65 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 44-2.
[FN1] 720 ILCS 550/1 et seq.
[FN2] 720 ILCS 570/100 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/12C-70
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 12C. Harms to Children
Subdivision 15. Miscellaneous Offenses
5/12C-70. Adoption compensation prohibited
§ 12C-70. Adoption compensation prohibited.
(a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution, society, or other organization, except a child welfare agency as defined by the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969.
(b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any agency, association, corporation, institution, society, or other organization except a child welfare agency as defined by the Child Care Act of 1969.
(c) Certain payments of salaries and medical expenses not prevented.
(1) The provisions of this Section shall not be construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services, as that term is defined by the Child Care Act of 1969, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969.
(2) The provisions of this Section shall not be construed to prevent the payment by a prospective adoptive parent of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the biological mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.
(3) The provisions of this Section shall not be construed to prevent a prospective adoptive parent from giving a gift or gifts or other thing or things of value to a biological parent provided that the total value of such gift or gifts or thing or things of value does not exceed $200.
(d) Payment of certain expenses.
(1) A prospective adoptive parent shall be permitted to pay the reasonable living expenses of the biological parents of the child sought to be adopted, in addition to those expenses set forth in subsection (c), only in accordance with the provisions of this subsection (d).
"Reasonable living expenses" means those expenses related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the biological parents during the biological mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 days after the birth of the child. The term does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.
(2)(A) The prospective adoptive parents may seek leave of the court to pay the reasonable living expenses of the biological parents. They shall be permitted to pay the reasonable living expenses of the biological parents only upon prior order of the circuit court where the petition for adoption will be filed, or if the petition for adoption has been filed in the circuit court where the petition is pending.
(B) Notwithstanding clause (2)(A) of this subsection (d), a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. The prospective adoptive parents shall present a final accounting of all expenses to the court prior to the entry of a final judgment order for adoption.
(C) If the court finds an accounting by the prospective adoptive parents to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.
(3) Payments under this subsection (d) shall be permitted only in those circumstances where there is a demonstrated need for the payment of such expenses to protect the health of the biological parents or the health of the child sought to be adopted.
(4) Payment of their reasonable living expenses, as provided in this subsection (d), shall not obligate the biological parents to place the child for adoption. In the event the biological parents choose not to place the child for adoption, the prospective adoptive parents shall have no right to seek reimbursement from the biological parents, or from any relative or associate of the biological parents, of moneys paid to, or on behalf of, the biological parents pursuant to a court order under this subsection (d).
(5) Notwithstanding paragraph (4) of this subsection (d), a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in paragraph (4) of this subsection (d), knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.
(6) No person or entity shall offer, provide, or co-sign a loan or any other credit accommodation, directly or indirectly, with a biological parent or a relative or associate of a biological parent based on the contingency of a surrender or placement of a child for adoption.
(7) Within 14 days after the completion of all payments for reasonable living expenses of the biological parents under this subsection (d), the prospective adoptive parents shall present a final accounting of all those expenses to the court. The accounting shall also include the verified statements of the prospective adoptive parents, each attorney of record, and the biological parents or parents to whom or on whose behalf the payments were made attesting to the accuracy of the accounting.
(8) If the placement of a child for adoption is made in accordance with the Interstate Compact on the Placement of Children, and if the sending state permits the payment of any expenses of biological parents that are not permitted under this Section, then the payment of those expenses shall not be a violation of this Section. In that event, the prospective adoptive parents shall file an accounting of all payments of the expenses of the biological parent or parents with the court in which the petition for adoption is filed or is to be filed. The accounting shall include a copy of the statutory provisions of the sending state that permit payments in addition to those permitted by this Section and a copy of all orders entered in the sending state that relate to expenses of the biological parents paid by the prospective adoptive parents in the sending state.
(9) The prospective adoptive parents shall be permitted to pay the reasonable attorney's fees of a biological parent's attorney in connection with proceedings under this Section or in connection with proceedings for the adoption of the child if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each biological parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed. The court shall review the petition for leave to pay attorney's fees, and if the court determines that the fees requested are reasonable, the court shall permit the petitioners to pay them. If the court determines that the fees requested are not reasonable, the court shall determine and set the reasonable attorney's fees of the biological parents' attorney which may be paid by the petitioners. The prospective adoptive parents shall present a final accounting of all those fees to the court prior to the entry of a final judgment order for adoption.
(10) The court may appoint a guardian ad litem for an unborn child to represent the interests of the child in proceedings under this subsection (d).
(11) The provisions of this subsection (d) apply to a person who is a prospective adoptive parent. This subsection (d) does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department of Children and Family Services rules adopted thereunder.
(e) Injunctive relief.
(A) Whenever it appears that any person, agency, association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Section, the Department of Children and Family Services shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Section or any rule adopted under this Section in addition to any other penalties and other remedies provided in this Section.
(B) Whenever it appears that any person, agency, association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Section, the Department of Children and Family Services may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Section or any rule adopted under this Section, in addition to any other penalties and remedies provided in this Section.
(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a Class 3 felony.
(g) "Adoption services" has the meaning given that term in the Child Care Act of 1969.
(h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.
(i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
CREDIT(S)
Laws 1961, p. 1983, § 12C-70, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/13-1
Formerly cited as IL ST CH 38 ¶¶ 13-1 to 13-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 13. Violation of Civil Rights
5/13-1 to 5/13-4. §§ 13-1 to 13-4. Repealed by P.A. 81-1216, § 10-108, eff. July 1, 1980
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/13-2
Formerly cited as IL ST CH 38 ¶¶ 13-1 to 13-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 13. Violation of Civil Rights
5/13-1 to 5/13-4. §§ 13-1 to 13-4. Repealed by P.A. 81-1216, § 10-108, eff. July 1, 1980
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/13-3
Formerly cited as IL ST CH 38 ¶¶ 13-1 to 13-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 13. Violation of Civil Rights
5/13-1 to 5/13-4. §§ 13-1 to 13-4. Repealed by P.A. 81-1216, § 10-108, eff. July 1, 1980
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/13-4
Formerly cited as IL ST CH 38 ¶¶ 13-1 to 13-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 13. Violation of Civil Rights
5/13-1 to 5/13-4. §§ 13-1 to 13-4. Repealed by P.A. 81-1216, § 10-108, eff. July 1, 1980
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. B, Art. 14, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-1
Formerly cited as IL ST CH 38 ¶ 14-1
Effective: January 1, 2008
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-1. Definition
§ 14-1. Definition.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, retain, or transcribe electronic communications whether such conversation or electronic communication is conducted in person, by telephone, or by any other means; Provided, however, that this definition shall not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.
(b) Eavesdropper.
An eavesdropper is any person, including law enforcement officers, who is a principal, as defined in this Article, or who operates or participates in the operation of any eavesdropping device contrary to the provisions of this Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses an eavesdropping device in the course of such employment; or
(2) Knowingly derives any benefit or information from the illegal use of an eavesdropping device by another; or
(3) Directs another to use an eavesdropping device illegally on his behalf.
(d) Conversation.
For the purposes of this Article, the term conversation means any oral communication between 2 or more persons regardless of whether one or more of the parties intended their communication to be of a private nature under circumstances justifying that expectation.
(e) Electronic communication.
For purposes of this Article, the term electronic communication means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, pager, computer, electromagnetic, photo electronic or photo optical system, where the sending and receiving parties intend the electronic communication to be private and the interception, recording, or transcription of the electronic communication is accomplished by a device in a surreptitious manner contrary to the provisions of this Article. Electronic communication does not include any communication from a tracking device.
(f) Bait car.
For purposes of this Article, the term bait car means any motor vehicle that is not occupied by a law enforcement officer and is used by a law enforcement agency to deter, detect, identify, and assist in the apprehension of an auto theft suspect in the act of stealing a motor vehicle.
CREDIT(S)
Laws 1961, p. 1983, § 14-1, eff. Jan. 1, 1962. Amended by P.A. 88-677, § 20, eff. Dec. 15, 1994; P.A. 91-657, § 5, eff. Jan. 1, 2000; P.A. 95-258, § 5, eff. Jan. 1, 2008.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-2
Formerly cited as IL ST CH 38 ¶ 14-2
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-2. Elements of the offense; affirmative defense
§ 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he:
(1) Knowingly and intentionally uses an eavesdropping device for the purpose of hearing or recording all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) with the consent of all of the parties to such conversation or electronic communication or (B) in accordance with Article 108A or Article 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended; [FN1] or
(2) Manufactures, assembles, distributes, or possesses any electronic, mechanical, eavesdropping, or other device knowing that or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious hearing or recording of oral conversations or the interception, retention, or transcription of electronic communications and the intended or actual use of the device is contrary to the provisions of this Article; or
(3) Uses or divulges, except as authorized by this Article or by Article 108A or 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended, any information which he knows or reasonably should know was obtained through the use of an eavesdropping device.
(b) It is an affirmative defense to a charge brought under this Article relating to the interception of a privileged communication that the person charged:
1. was a law enforcement officer acting pursuant to an order of interception, entered pursuant to Section 108A-1 or 108B-5 of the Code of Criminal Procedure of 1963; and
2. at the time the communication was intercepted, the officer was unaware that the communication was privileged; and
3. stopped the interception within a reasonable time after discovering that the communication was privileged; and
4. did not disclose the contents of the communication.
(c) It is not unlawful for a manufacturer or a supplier of eavesdropping devices, or a provider of wire or electronic communication services, their agents, employees, contractors, or venders to manufacture, assemble, sell, or possess an eavesdropping device within the normal course of their business for purposes not contrary to this Article or for law enforcement officers and employees of the Illinois Department of Corrections to manufacture, assemble, purchase, or possess an eavesdropping device in preparation for or within the course of their official duties.
(d) The interception, recording, or transcription of an electronic communication by an employee of a penal institution is not prohibited under this Act, provided that the interception, recording, or transcription is:
(1) otherwise legally permissible under Illinois law;
(2) conducted with the approval of the penal institution for the purpose of investigating or enforcing a State criminal law or a penal institution rule or regulation with respect to inmates in the institution; and
(3) within the scope of the employee's official duties.
For the purposes of this subsection (d), "penal institution" has the meaning ascribed to it in clause (c)(1) of Section 31A-1.1.
CREDIT(S)
Laws 1961, p. 1983, § 14-2, eff. Jan. 1, 1962. Amended by P.A. 76-1110, § 1, eff. Aug. 28, 1969; P.A. 79-1159, § 1, eff. July 1, 1976; P.A. 85-1203, § 1, eff. Jan. 1, 1989; P.A. 91-657, § 5, eff. Jan. 1, 2000; P.A. 94-183, § 5, eff. Jan. 1, 2006.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-2.
[FN1] 725 ILCS 5/108A-1 et seq. or 725 ILCS 5/108B-1 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-3
Formerly cited as IL ST CH 38 ¶ 14-3
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-3. Exemptions
§ 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer;
(c) Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made;
(d) Recording or listening with the aid of any device to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation;
(e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended; [FN1]
(f) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as consumer " hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section;
(g) With prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under Section 10-9 of this Code, an offense involving prostitution, solicitation of a sexual act, or pandering, a felony violation of the Illinois Controlled Substances Act, [FN2] a felony violation of the Cannabis Control Act, [FN3] a felony violation of the Methamphetamine Control and Community Protection Act, any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, [FN4] or any felony offense involving any weapon listed in paragraphs (1) through (11) of subsection (a) of Section 24-1 of this Code. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
(g-5) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of any offense defined in Article 29D of this Code. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g-5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g-5) on January 1, 2005;
(g-6) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of recordings, and reports regarding their use. Any recording or evidence obtained or derived in the course of an investigation of involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age, be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case. Absent such a ruling, any such recording or evidence shall not be admissible at the trial of the criminal case;
(h) Recordings made simultaneously with the use of an in-car video camera recording of an oral conversation between a uniformed peace officer, who has identified his or her office, and a person in the presence of the peace officer whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop; or (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement.
For the purposes of this subsection (h), "enforcement stop" means an action by a law enforcement officer in relation to enforcement and investigation duties, including but not limited to, traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance;
(h-5) Recordings of utterances made by a person while in the presence of a uniformed peace officer and while an occupant of a police vehicle including, but not limited to, (i) recordings made simultaneously with the use of an in-car video camera and (ii) recordings made in the presence of the peace officer utilizing video or audio systems, or both, authorized by the law enforcement agency;
(h-10) Recordings made simultaneously with a video camera recording during the use of a taser or similar weapon or device by a peace officer if the weapon or device is equipped with such camera;
(h-15) Recordings made under subsection (h), (h-5), or (h-10) shall be retained by the law enforcement agency that employs the peace officer who made the recordings for a storage period of 90 days, unless the recordings are made as a part of an arrest or the recordings are deemed evidence in any criminal, civil, or administrative proceeding and then the recordings must only be destroyed upon a final disposition and an order from the court. Under no circumstances shall any recording be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use;
(i) Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:
(i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and
(ii) the monitoring is used with the consent of at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.
No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.
When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both;
(k) Electronic recordings, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer under Section 5-401.5 of the Juvenile Court Act of 1987 [FN5] or Section 103-2.1 of the Code of Criminal Procedure of 1963;
(l) Recording the interview or statement of any person when the person knows that the interview is being conducted by a law enforcement officer or prosecutor and the interview takes place at a police station that is currently participating in the Custodial Interview Pilot Program established under the Illinois Criminal Justice Information Act;
(m) An electronic recording, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of the interior of a school bus while the school bus is being used in the transportation of students to and from school and school-sponsored activities, when the school board has adopted a policy authorizing such recording, notice of such recording policy is included in student handbooks and other documents including the policies of the school, notice of the policy regarding recording is provided to parents of students, and notice of such recording is clearly posted on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall be confidential records and may only be used by school officials (or their designees) and law enforcement personnel for investigations, school disciplinary actions and hearings, proceedings under the Juvenile Court Act of 1987, and criminal prosecutions, related to incidents occurring in or around the school bus;
(n) Recording or listening to an audio transmission from a microphone placed by a person under the authority of a law enforcement agency inside a bait car surveillance vehicle while simultaneously capturing a photographic or video image;
(o) The use of an eavesdropping camera or audio device during an ongoing hostage or barricade situation by a law enforcement officer or individual acting on behalf of a law enforcement officer when the use of such device is necessary to protect the safety of the general public, hostages, or law enforcement officers or anyone acting on their behalf; and
(p) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as the "CPS Violence Prevention Hotline", but only where the notice of recording is given at the beginning of each call as required by Section 34-21.8 of the School Code. The recordings may be retained only by the Chicago Police Department or other law enforcement authorities, and shall not be otherwise retained or disseminated.
(q)(1) With prior request to and verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a drug offense. The State's Attorney may grant this verbal approval only after determining that reasonable cause exists to believe that a drug offense will be committed by a specified individual or individuals within a designated period of time.
(2) Request for approval. To invoke the exception contained in this subsection (q), a law enforcement officer shall make a written or verbal request for approval to the appropriate State's Attorney. This request for approval shall include whatever information is deemed necessary by the State's Attorney but shall include, at a minimum, the following information about each specified individual whom the law enforcement officer believes will commit a drug offense:
(A) his or her full or partial name, nickname or alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph (2), any other supporting information known to the law enforcement officer at the time of the request that gives rise to reasonable cause to believe the individual will commit a drug offense.
(3) Limitations on verbal approval. Each verbal approval by the State's Attorney under this subsection (q) shall be limited to:
(A) a recording or interception conducted by a specified law enforcement officer or person acting at the direction of a law enforcement officer;
(B) recording or intercepting conversations with the individuals specified in the request for approval, provided that the verbal approval shall be deemed to include the recording or intercepting of conversations with other individuals, unknown to the law enforcement officer at the time of the request for approval, who are acting in conjunction with or as co-conspirators with the individuals specified in the request for approval in the commission of a drug offense;
(C) a reasonable period of time but in no event longer than 24 consecutive hours.
(4) Admissibility of evidence. No part of the contents of any wire, electronic, or oral communication that has been recorded or intercepted as a result of this exception may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, other than in a prosecution of:
(A) a drug offense;
(B) a forcible felony committed directly in the course of the investigation of a drug offense for which verbal approval was given to record or intercept a conversation under this subsection (q); or
(C) any other forcible felony committed while the recording or interception was approved in accordance with this Section (q), but for this specific category of prosecutions, only if the law enforcement officer or person acting at the direction of a law enforcement officer who has consented to the conversation being intercepted or recorded suffers great bodily injury or is killed during the commission of the charged forcible felony.
(5) Compliance with the provisions of this subsection is a prerequisite to the admissibility in evidence of any part of the contents of any wire, electronic or oral communication that has been intercepted as a result of this exception, but nothing in this subsection shall be deemed to prevent a court from otherwise excluding the evidence on any other ground, nor shall anything in this subsection be deemed to prevent a court from independently reviewing the admissibility of the evidence for compliance with the Fourth Amendment to the U.S. Constitution or with Article I, Section 6 of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to drug offenses. Whenever any wire, electronic, or oral communication has been recorded or intercepted as a result of this exception that is not related to a drug offense or a forcible felony committed in the course of a drug offense, no part of the contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, nor may it be publicly disclosed in any way.
(7) Definitions. For the purposes of this subsection (q) only:
"Drug offense" includes and is limited to a felony violation of one of the following: (A) the Illinois Controlled Substances Act, (B) the Cannabis Control Act, and (C) the Methamphetamine Control and Community Protection Act.
"Forcible entry" includes and is limited to those offenses contained in Section 2-8 of the Criminal Code of 1961 as of the effective date of this amendatory Act of the 97th General Assembly, and only as those offenses have been defined by law or judicial interpretation as of that date.
"State’s Attorney" includes and is limited to the State's Attorney or an assistant State's Attorney designated by the State's Attorney to provide verbal approval to record or intercept conversations under this subsection (q).
(8) Sunset. This subsection (q) is inoperative on and after January 1, 2015. No conversations intercepted pursuant to this subsection (q), while operative, shall be inadmissible in a court of law by virtue of the inoperability of this subsection (q) on January 1, 2015.
CREDIT(S)
Laws 1961, p. 1983, § 14-3, eff. Jan. 1, 1962. Amended by Laws 1965, p. 3198, § 1, eff. Aug. 20, 1965; P.A. 80-862, § 2, eff. Oct. 1, 1977; P.A. 85-868, § 1, eff. Jan. 1, 1988; P.A. 85-1203, § 1, eff. Jan. 1, 1989; P.A. 86-763, § 1, eff. Sept. 1, 1989; P.A. 88-677, § 20, eff. Dec. 15, 1994; P.A. 89-428, Art. 6, § 601, eff. Dec. 13, 1995; P.A. 89-452, § 5, eff. May 17, 1996; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 92-854, § 15, eff. Dec. 5, 2002; P.A. 93-206, § 20, eff. July 18, 2003; P.A. 93-517, § 20, eff. Aug. 6, 2003; P.A. 93-605, § 10, eff. Nov. 19, 2003; P.A. 94-556, § 1055, eff. Sept. 11, 2005; P.A. 95-258, § 5, eff. Jan. 1, 2008; P.A. 95-352, § 5, eff. Aug. 23, 2007; P.A. 95-463, § 5, eff. June 1, 2008; P.A. 95-876, § 315, eff. Aug. 21, 2008; P.A. 96-425, § 5, eff. Aug. 13, 2009; P.A. 96-547, § 5, eff. Jan. 1, 2010; P.A. 96-643, § 5, eff. Jan. 1, 2010; P.A. 96-670, § 5, eff. Aug. 25, 2009; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 96-1425, § 10, eff. Jan. 1, 2011; P.A. 96-1464, § 15, eff. Aug. 20, 2010; P.A. 97-333, § 550, eff. Aug. 12, 2011; P.A. 97-846, § 5, eff. Jan. 1, 2013; P.A. 97-897, § 15, eff. Jan. 1, 2013.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-3.
[FN1] 5 ILCS 120/1 et seq.
[FN2] 720 ILCS 570/100 et seq.
[FN3] 720 ILCS 550/1 et seq.
[FN4] 740 ILCS 147/1 et seq.
[FN5] 705 ILCS 405/5-401.5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-3A
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-3A. Recordings, records, and custody
§ 14-3A. Recordings, records, and custody.
(a) Any private oral communication intercepted in accordance with subsection (g) of Section 14-3 shall, if practicable, be recorded by tape or other comparable method. The recording shall, if practicable, be done in such a way as will protect it from editing or other alteration. During an interception, the interception shall be carried out by a law enforcement officer, and the officer shall keep a signed, written record, including:
(1) The day and hours of interception or recording;
(2) The time and duration of each intercepted communication;
(3) The parties, if known, to each intercepted communication; and
(4) A summary of the contents of each intercepted communication.
(b) Both the written record of the interception or recording and any and all recordings of the interception or recording shall immediately be inventoried and shall be maintained where the chief law enforcement officer of the county in which the interception or recording occurred directs. The written records of the interception or recording conducted under subsection (g) of Section 14-3 shall not be destroyed except upon an order of a court of competent jurisdiction and in any event shall be kept for 10 years.
CREDIT(S)
Laws 1961, p. 1983, § 14-3A, added by P.A. 88-677, § 20, eff. Dec. 15, 1994.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-3B
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-3B. Notice of interception or recording
§ 14-3B. Notice of interception or recording.
(a) Within a reasonable time, but not later than 60 days after the termination of the investigation for which the interception or recording was conducted, or immediately upon the initiation of criminal proceedings, the person who was the subject of an interception or recording under subsection (g) of Section 14-3 shall be served with an inventory that shall include:
(1) Notice to any person who was the subject of the interception or recording:
(2) Notice of any interception or recording if the defendant was arrested or indicted or otherwise charged as a result of the interception of his or her private oral communication;
(3) The date of the interception or recording;
(4) The period of interception or recording; and
(5) Notice of whether during the period of interception or recording devices were or were not used to overhear and record various conversations and whether or not the conversations are recorded.
(b) A court of competent jurisdiction, upon filing of a motion, may in its discretion make available to those persons or their attorneys for inspection those portions of the intercepted communications as the court determines to be in the interest of justice.
CREDIT(S)
Laws 1961, p. 1983, § 14-3B, added by P.A. 88-677, § 20, eff. Dec. 15, 1994.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-4
Formerly cited as IL ST CH 38 ¶ 14-4
Effective: January 1, 2000
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-4. Sentence
§ 14-4. Sentence.
(a) Eavesdropping, for a first offense, is a Class 4 felony and, for a second or subsequent offense, is a Class 3 felony.
(b) The eavesdropping of an oral conversation or an electronic communication between any law enforcement officer, State's Attorney, Assistant State's Attorney, the Attorney General, Assistant Attorney General, or a judge, while in the performance of his or her official duties, if not authorized by this Article or proper court order, is a Class 1 felony.
CREDIT(S)
Laws 1961, p. 1983, § 14.4, eff. Jan. 1, 1962. Amended by Laws 1965, p. 3198, § 1, eff. Aug. 20, 1965; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-781, § 1, eff. Oct. 1, 1975. Renumbered § 14-4 and amended by P.A. 91-357, § 237, eff. July 29, 1999. Amended by P.A. 91-657, § 5, eff. Jan. 1, 2000.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-5
Formerly cited as IL ST CH 38 ¶ 14-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-5. Evidence Inadmissible
§ 14-5. Evidence Inadmissible. Any evidence obtained in violation of this Article is not admissible in any civil or criminal trial, or any administrative or legislative inquiry or proceeding, nor in any grand jury proceedings; provided, however, that so much of the contents of an alleged unlawfully intercepted, overheard or recorded conversation as is clearly relevant, as determined as a matter of law by the court in chambers, to the proof of such allegation may be admitted into evidence in any criminal trial or grand jury proceeding brought against any person charged with violating any provision of this Article.
CREDIT(S)
Laws 1961, p. 1983, § 14-5, eff. Jan. 1, 1962. Amended by Laws 1965, p. 3198, § 1, eff. Aug. 20, 1965.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-6
Formerly cited as IL ST CH 38 ¶ 14-6
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-6. Civil remedies to injured parties
§ 14-6. Civil remedies to injured parties. (1) Any or all parties to any conversation upon which eavesdropping is practiced contrary to this Article shall be entitled to the following remedies:
(a) To an injunction by the circuit court prohibiting further eavesdropping by the eavesdropper and by or on behalf of his principal, or either;
(b) To all actual damages against the eavesdropper or his principal or both;
(c) To any punitive damages which may be awarded by the court or by a jury;
(d) To all actual damages against any landlord, owner or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned;
(e) To any punitive damages which may be awarded by the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned.
(2) No cause of action shall lie in any court against any common carrier by wire or its officers, agents or employees for providing information, assistance or facilities in accordance with the terms of a court order entered under Article 108A of the Code of Criminal Procedure of 1963. [FN1]
CREDIT(S)
Laws 1961, p. 1983, § 14-6, eff. Jan. 1, 1962. Amended by P.A. 79-1360, § 24, eff. Oct. 1, 1976; P.A. 85-868, § 1, eff. Jan. 1, 1988.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-6.
[FN1] 725 ILCS 5/108A-1 et seq.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-7
Formerly cited as IL ST CH 38 ¶ 14-7
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-7. Common Carrier to Aid in Detection
§ 14-7. Common Carrier to Aid in Detection. Subject to regulation by the Illinois Commerce Commission, any common carrier by wire shall, upon request of any subscriber and upon responsible offer to pay the reasonable cost thereof, furnish whatever services may be within its command for the purpose of detecting any eavesdropping involving its wires which are used by said subscriber. All such requests by subscribers shall be kept confidential unless divulgence is authorized in writing by the requesting subscriber.
CREDIT(S)
Laws 1961, p. 1983, § 14-7, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-8
Formerly cited as IL ST CH 38 ¶ 14-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-8. Discovery of eavesdropping device by an individual, common carrier, private investigative agency or non-governmental corporation
§ 14-8. Discovery of eavesdropping device by an individual, common carrier, private investigative agency or non-governmental corporation. Any agent, officer or employee of a private investigative agency or non-governmental corporation, or of a common carrier by wire, or any individual, who discovers any physical evidence of an eavesdropping device being used which such person does not know to be a legal eavesdropping device shall, within a reasonable time after such discovery disclose the existence of such eavesdropping device to the State's Attorney of the county where such device was found. The State's Attorney shall within a reasonable time notify the person or persons apparently being eavesdropped upon of the existence of that device if the device is illegal. A violation of this Section is a Business Offense for which a fine shall be imposed not to exceed $500.
CREDIT(S)
Laws 1961, p. 1983, § 14-8, added by P.A. 79-984, § 1, eff. Oct. 1, 1975. Amended by P.A. 79-1454, § 16, eff. Aug. 31, 1976.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/14-9
Formerly cited as IL ST CH 38 ¶ 14-9
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part B. Offenses Directed Against the Person
Article 14. Eavesdropping (Refs & Annos)
5/14-9. Discovery of eavesdropping device by common carrier by wire--Disclosure to subscriber
§ 14-9. Discovery of eavesdropping device by common carrier by wire--Disclosure to subscriber. Any agent, officer or employee of any common carrier by wire who discovers any physical evidence of an eavesdropping device which such person does not know to be a legal eavesdropping device shall, within a reasonable time after such discovery, disclose the existence of the eavesdropping device to the State's Attorney of the County where such device was found. The State's Attorney shall within a reasonable time notify the person or persons apparently being eavesdropped upon of the existence of that device if the device is illegal. A violation of this Section is a Business Offense for which a fine shall be imposed not to exceed $500.
CREDIT(S)
Laws 1961, p. 1983, § 14-9, added by P.A. 79-985, § 1, eff. Oct. 1, 1975.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 14-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-1
Formerly cited as IL ST CH 38 ¶ 15-1
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-1. Property
§ 15-1. Property. As used in this Part C, "property" means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor, or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas and water; telecommunications services; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, computer programs or data, prototypes or models thereof, or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes, or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement.
CREDIT(S)
Laws 1961, p. 1983, § 15-1, eff. Jan. 1, 1962. Amended by Laws 1965, p. 2621, § 1, eff. Aug. 5, 1965; P.A. 81-548, § 1, eff. Sept. 11, 1979; P.A. 88-75, § 5, eff. Jan. 1, 1994.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-1.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-2
Formerly cited as IL ST CH 38 ¶ 15-2
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-2. Owner
§ 15-2. Owner. As used in this Part C, "owner" means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property.
CREDIT(S)
Laws 1961, p. 1983, § 15-2, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-2.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-3
Formerly cited as IL ST CH 38 ¶ 15-3
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-3. Permanent Deprivation
§ 15-3. Permanent Deprivation. As used in this Part C, to "permanently deprive" means to:
(a) Defeat all recovery of the property by the owner; or
(b) Deprive the owner permanently of the beneficial use of the property; or
(c) Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
(d) Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner.
CREDIT(S)
Laws 1961, p. 1983, § 15-3, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-3.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-4
Formerly cited as IL ST CH 38 ¶ 15-4
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-4. Deception
§ 15-4. Deception. As used in this Part C, "deception" means knowingly to:
(a) Create or confirm another's impression which is false and which the offender does not believe to be true; or
(b) Fail to correct a false impression which the offender previously has created or confirmed; or
(c) Prevent another from acquiring information pertinent to the disposition of the property involved; or
(d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Promise performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not evidence that the offender did not intend to perform.
CREDIT(S)
Laws 1961, p. 1983, § 15-4, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-4.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-5
Formerly cited as IL ST CH 38 ¶ 15-5
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-5. Threat
§ 15-5. Threat. As used in this Part C, "threat" means a menace, however communicated, to:
(a) Inflict physical harm on the person threatened or any other person or on property; or
(b) Subject any person to physical confinement or restraint; or
(c) Commit any criminal offense; or
(d) Accuse any person of a criminal offense; or
(e) Expose any person to hatred, contempt or ridicule; or
(f) Harm the credit or business repute of any person; or
(g) Reveal any information sought to be concealed by the person threatened; or
(h) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
(i) Bring about or continue a strike, boycott or other similar collective action if the property is not demanded or received for the benefit of the group which he purports to represent; or
(j) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(k) Inflict any other harm which would not benefit the offender.
CREDIT(S)
Laws 1961, p. 1983, § 15-5, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-5.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-6
Formerly cited as IL ST CH 38 ¶ 15-6
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-6. Stolen Property
§ 15-6. Stolen Property. As used in this Part C, "stolen property" means property over which control has been obtained by theft.
CREDIT(S)
Laws 1961, p. 1983, § 15-6, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-6.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-7
Formerly cited as IL ST CH 38 ¶ 15-7
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-7. Obtain
§ 15-7. Obtain. As used in this Part C, "obtain" means:
(a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and
(b) In relation to labor or services, to secure the performance thereof.
CREDIT(S)
Laws 1961, p. 1983, § 15-7, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-7.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-8
Formerly cited as IL ST CH 38 ¶ 15-8
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-8. Obtains Control
§ 15-8. Obtains Control. As used in this Part C, the phrase "obtains or exerts control" over property, includes but is not limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property.
CREDIT(S)
Laws 1961, p. 1983, § 15-8, eff. Jan. 1, 1962.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-8.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-9
Formerly cited as IL ST CH 38 ¶ 15-9
Effective:[See Text Amendments]
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-9. Value
§ 15-9. Value. As used in this Part C, the "value" of property consisting of any commercial instrument or any written instrument representing or embodying rights concerning anything of value, labor, or services or otherwise of value to the owner shall be:
(a) The "market value" of such instrument if such instrument is negotiable and has a market value; and
(b) The "actual value" of such instrument if such instrument is not negotiable or is otherwise without a market value. For the purpose of establishing such "actual value", the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another "owner" may be named in the complaint, information or indictment.
CREDIT(S)
Laws 1961, p. 1983, § 15-9, added by Laws 1967, p. 2849, § 1, eff. Aug. 11, 1967.
Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 15-9.
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/15-10
Effective: January 1, 2006
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 15. Definitions
5/15-10. Governmental property
§ 15-10. Governmental property. As used in this Part C, "governmental property" means funds or other property owned by the State, a unit of local government, or a school district.
CREDIT(S)
Laws 1961, p. 1983, § 15-10, added by P.A. 94-134, § 5, eff. Jan. 1, 2006.
Current through P.A. 98-16 of the 2013 Reg. Sess.
ILCS Ch. 720, ACT 5, T. III, Pt. C, Art. 16, Refs & Annos
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 16. Theft and Related Offenses
Current through P.A. 98-16 of the 2013 Reg. Sess.
720 ILCS 5/16-0.1
Effective: January 1, 2013
West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness
Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012 (Refs & Annos)
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 16. Theft and Related Offenses (Refs & Annos)
Subdivision 1. Definitions
5/16-0.1. Definitions
§ 16-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated:
"Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.
"Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.
"Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services.
"Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies.
"Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility.
"Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.
"Continuing course of conduct" means a series of acts, and the accompanying mental state necessary for the crime in question, irrespective of whether the series of acts are continuous or intermittent.
"Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product.
"Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document.
"Financial transaction device" means any of the following:
(1) An electronic funds transfer card.
(2) A credit card.
(3) A debit card.
(4) A point-of-sale card.
(5) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or State identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:
(A) Obtaining money, cash refund or credit account, credit, goods, services, or any other thing of value.
(B) Certifying or guaranteeing to a person or business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
(C) Providing the device holder access to a deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.
"Full retail value" means the merchant's stated or advertised price of the merchandise. "Full retail value" includes the aggregate value of property obtained from retail thefts committed by the same person as part of a continuing course of conduct from one or more mercantile establishments in a single transaction or in separate transactions over a period of one year.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
"Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication or wireless device or to modify, alter, program or reprogram a communication or wireless device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities.
"Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
"Merchandise" means any item of tangible personal property, including motor fuel.
"Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
"Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless device to access the Internet.
"Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
"Person with a disability" means a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
"Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.
"Personal identifying information" means any of the following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.
(5) A person's driver's license number or State of Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state.
(6) A person's social security number.
(7) A person's public, private, or government employer, place of employment, or employment identification number.
(8) The maiden name of a person's mother.
(9) The number assigned to a person's depository account, savings account, or brokerage account.
(10) The number assigned to a person's credit or debit card, commonly known as a "Visa Card", "MasterCard", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity.
(11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word, number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.
(15) Any other numbers or information which can be used to access a person's financial resources, or to identify a specific individual, or the actions taken, communications made or received, or other activities or transactions of a specific individual.
"Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers; and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
"Public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission.
"Publish" means to communicate or disseminate information to any one or more persons, either orally, in person, or by telephone, radio or television or in writing of any kind, including, without limitation, a letter or memorandum, circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored on a RFID tag or transponder attached to a personal identification document.
"RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder.
"Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
"Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
"Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the us