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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/12-4.9

    (720 ILCS 5/12-4.9)
    (This Section was renumbered as Section 12C-45 by P.A. 97-1109.)
    Sec. 12-4.9. (Renumbered).
(Source: P.A. 89-632, eff. 1-1-97. Renumbered by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-4.10

    (720 ILCS 5/12-4.10)
    Sec. 12-4.10. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/12-4.11

    (720 ILCS 5/12-4.11)
    Sec. 12-4.11. (Repealed).
(Source: P.A. 93-340, eff. 7-24-03. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/12-4.12

    (720 ILCS 5/12-4.12)
    Sec. 12-4.12. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/12-5

    (720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.01

    (720 ILCS 5/12-5.01) (was 720 ILCS 5/12-16.2)
    Sec. 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 that 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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1046, eff. 8-21-12.)

720 ILCS 5/12-5.02

    (720 ILCS 5/12-5.02) (was 720 ILCS 5/12-2.5)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.1

    (720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.1a

    (720 ILCS 5/12-5.1a) (was 720 ILCS 5/12-5.15)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.2

    (720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.3

    (720 ILCS 5/12-5.3) (was 720 ILCS 5/12-2.6)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.5

    (720 ILCS 5/12-5.5)
    Sec. 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.15

    (720 ILCS 5/12-5.15)
    (This Section was renumbered as Section 12-5.1a by P.A. 96-1551.)
    Sec. 12-5.15. (Renumbered).
(Source: P.A. 93-852, eff. 8-2-04. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 12, Subdiv. 15

 
    (720 ILCS 5/Art. 12, Subdiv. 15 heading)
SUBDIVISION 15. INTIMIDATION
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6

    (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
    Sec. 12-6. Intimidation.
    (a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.1

    (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
    (This Section was renumbered as Section 12-6.5 by P.A. 96-1551.)
    Sec. 12-6.1. (Renumbered).
(Source: P.A. 91-696, eff. 4-13-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.2

    (720 ILCS 5/12-6.2)
    Sec. 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).
(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-6.3

    (720 ILCS 5/12-6.3)
    (This Section was renumbered as Section 12-3.5 by P.A. 96-1551.)
    Sec. 12-6.3. (Renumbered).
(Source: P.A. 90-118, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.4

    (720 ILCS 5/12-6.4)
    Sec. 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.
(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.)