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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/Tit. III Pt. D

 
    (720 ILCS 5/Tit. III Pt. D heading)
PART D. OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY

720 ILCS 5/Art. 24

 
    (720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

720 ILCS 5/24-1

    (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    
carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
        (3) Carries on or about his person or in any vehicle,
    
a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
        (4) Carries or possesses in any vehicle or concealed
    
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case,
        
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind
    
designed, used or intended for use in silencing the report of any firearm; or
        (7) Sells, manufactures, purchases, possesses or
    
carries:
            (i) a machine gun, which shall be defined for the
        
purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
            (ii) any rifle having one or more barrels less
        
than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
            (iii) any bomb, bomb-shell, grenade, bottle or
        
other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or
    
taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
        This subsection (a)(8) does not apply to any auction
    
or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about
    
his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or
        (10) Carries or possesses on or about his person,
    
upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case,
        
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.
        A "stun gun or taser", as used in this paragraph (a)
    
means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or
        (11) Sells, manufactures or purchases any explosive
    
bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her
    
person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.
    (b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or
    
24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4),
    
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1),
    
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection
    
(c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.
        (4) For the purposes of this subsection (c), "school"
    
means any public or private elementary or secondary school, community college, college, or university.
        (5) For the purposes of this subsection (c),
    
"public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.
    (d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.
    (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

720 ILCS 5/24-1.1

    (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
    Sec. 24-1.1. Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities.
    (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24-1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.
    (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years and any second or subsequent violation shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24-1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(Source: P.A. 97-237, eff. 1-1-12.)

720 ILCS 5/24-1.2

    (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
    Sec. 24-1.2. Aggravated discharge of a firearm.
    (a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally:
        (1) Discharges a firearm at or into a building he or
    
she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;
        (2) Discharges a firearm in the direction of another
    
person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;
        (3) Discharges a firearm in the direction of a person
    
he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;
        (4) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (5) Discharges a firearm in the direction of a person
    
he or she knows to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;
        (6) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by 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, while the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;
        (7) Discharges a firearm in the direction of a person
    
he or she knows 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;
        (8) Discharges a firearm in the direction of a person
    
he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or
        (9) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony. A violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.
    (c) For purposes of this Section:
    "School" means a public or private elementary or secondary school, community college, college, or university.
    "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
(Source: P.A. 94-243, eff. 1-1-06.)

720 ILCS 5/24-1.2-5

    (720 ILCS 5/24-1.2-5)
    Sec. 24-1.2-5. Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm.
    (a) A person commits aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm when he or she knowingly or intentionally:
        (1) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm at or into a building he or she knows to be occupied and the machine gun or the firearm equipped with a device designed or used for silencing the report of a firearm is discharged from a place or position outside that building;
        (2) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of another person or in the direction of a vehicle he or she knows to be occupied;
        (3) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be a peace officer, a person summoned or directed by a peace officer, a correctional institution employee, or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (4) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (5) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;
        (6) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by 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, while the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;
        (7) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or
        (8) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a) (1) or subsection (a) (2) of this Section is a Class X felony. A violation of subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 12 years and no more than 50 years.
    (c) For the purpose of this Section, "machine gun" has the meaning ascribed to it in clause (i) of paragraph (7) of subsection (a) of Section 24-1 of this Code.
    (d) This Section does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(Source: P.A. 97-676, eff. 6-1-12.)

720 ILCS 5/24-1.5

    (720 ILCS 5/24-1.5)
    Sec. 24-1.5. Reckless discharge of a firearm.
    (a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.
    (b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.
    (c) Reckless discharge of a firearm is a Class 4 felony.
    (d) This Section does not apply to a peace officer while in the performance of his or her official duties.
(Source: P.A. 88-217.)

720 ILCS 5/24-1.6

    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon.
    (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
        (1) Carries on or about his or her person or in any
    
vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
        (2) Carries or possesses on or about his or her
    
person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm, other than a pistol, revolver,
        
or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
            (A-5) the pistol, revolver, or handgun possessed
        
was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
            (B) the firearm, other than a pistol, revolver,
        
or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
            (B-5) the pistol, revolver, or handgun possessed
        
was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
            (C) the person possessing the firearm has not
        
been issued a currently valid Firearm Owner's Identification Card; or
            (D) the person possessing the weapon was
        
previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
            (E) the person possessing the weapon was engaged
        
in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
            (F) (blank); or
            (G) the person possessing the weapon had a order
        
of protection issued against him or her within the previous 2 years; or
            (H) the person possessing the weapon was engaged
        
in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
            (I) the person possessing the weapon was under 21
        
years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
    (a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.
    (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the transportation or possession of weapons that:
        (i) are broken down in a non-functioning state; or
        (ii) are not immediately accessible; or
        (iii) are unloaded and enclosed in a case, firearm
    
carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.
    (d) Sentence.
         (1) Aggravated unlawful use of a weapon is a Class 4
    
felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
        (2) Except as otherwise provided in paragraphs (3)
    
and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
        (3) Aggravated unlawful use of a weapon by a person
    
who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
        (4) Aggravated unlawful use of a weapon while wearing
    
or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.
    (e) The possession of each firearm in violation of this Section constitutes a single and separate violation.
(Source: P.A. 98-63, eff. 7-9-13.)

720 ILCS 5/24-1.7

    (720 ILCS 5/24-1.7)
    Sec. 24-1.7. Armed habitual criminal.
    (a) A person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses:
        (1) a forcible felony as defined in Section 2-8 of
    
this Code;
        (2) unlawful use of a weapon by a felon; aggravated
    
unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
        (3) any violation of the Illinois Controlled
    
Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.
    (b) Sentence. Being an armed habitual criminal is a Class X felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/24-1.8

    (720 ILCS 5/24-1.8)
    Sec. 24-1.8. Unlawful possession of a firearm by a street gang member.
    (a) A person commits unlawful possession of a firearm by a street gang member when he or she knowingly:
        (1) possesses, carries, or conceals on or about his
    
or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his or her fixed place of business, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang; or
        (2) possesses or carries in any vehicle a firearm
    
and firearm ammunition which are both immediately accessible at the time of the offense while on any street, road, alley, or any other lands, except when inside his or her own abode or garage, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang.
    (b) Unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 3 years and no more than 10 years. A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of unlawful possession of a firearm by a street gang member when the firearm was loaded or contained firearm ammunition and the court shall sentence the offender to not less than the minimum term of imprisonment authorized for the Class 2 felony.
    (c) For purposes of this Section:
        "Street gang" or "gang" has the meaning ascribed to
    
it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
        "Street gang member" or "gang member" has the meaning
    
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)

720 ILCS 5/24-2

    (720 ILCS 5/24-2)
    Sec. 24-2. Exemptions.
    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a
    
peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
        (4) Special agents employed by a railroad or a public
    
utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
        (5) Persons licensed as private security contractors,
    
private detectives, or private alarm contractors, or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed agency and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed agency at all times when he or she is in possession of a concealable weapon.
        (6) Any person regularly employed in a commercial or
    
industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.
        (7) Agents and investigators of the Illinois
    
Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
        (8) Persons employed by a financial institution for
    
the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
        (9) Any person employed by an armored car company to
    
drive an armored car, while actually engaged in the performance of his duties.
        (10) Persons who have been classified as peace
    
officers pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    
Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    
Attorney under Section 3-9005 of the Counties Code.
        (12.5) Probation officers while in the performance of
    
their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.
        (13) Court Security Officers while in the performance
    
of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
        (13.5) A person employed as an armed security guard
    
at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    
to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized for
    
the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    
while parading, with the special permission of the Governor.
        (3) Hunters, trappers or fishermen with a license or
    
permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down in
    
a non-functioning state or are not immediately accessible.
        (5) Carrying or possessing any pistol, revolver, stun
    
gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.
    (c) Subsection 24-1(a)(7) does not apply to or affect any of the following:
        (1) Peace officers while in performance of their
    
official duties.
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    
guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
        (5) Persons licensed under federal law to manufacture
    
any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
        During transportation, such weapons shall be broken
    
down in a non-functioning state or not immediately accessible.
        (6) The manufacture, transport, testing, delivery,
    
transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    
shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
        (7) A person possessing a rifle with a barrel or
    
barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
    (d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.
    (e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.
    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:
        (1) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (2) Bonafide collectors of antique or surplus
    
military ordinance.
        (3) Laboratories having a department of forensic
    
ballistics, or specializing in the development of ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    
explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
    (g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.
    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.
    (g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; 98-463, eff. 8-16-13.)

720 ILCS 5/24-2.1

    (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
    Sec. 24-2.1. Unlawful use of firearm projectiles.
    (a) A person commits the offense of unlawful use of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.
    For the purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
    The definition contained herein shall not be construed to include shotgun shells.
    "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
    "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
    "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles.
    (b) Exemptions. This Section does not apply to or affect any of the following:
        (1) Peace officers.
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard while in the performance of their official duties.
        (4) Federal officials required to carry firearms,
    
while engaged in the performance of their official duties.
        (5) United States Marshals, while engaged in the
    
performance of their official duties.
        (6) Persons licensed under federal law to
    
manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.
        This exemption does not authorize the general private
    
possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.
        (7) Laboratories having a department of forensic
    
ballistics or specializing in the development of ammunition or explosive ordnance.
        (8) Manufacture, transportation, or sale of armor
    
piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.
    (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption.
    (d) Sentence. A person convicted of unlawful use of armor piercing bullets shall be guilty of a Class 3 felony.
(Source: P.A. 92-423, eff. 1-1-02.)

720 ILCS 5/24-2.2

    (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
    Sec. 24-2.2. Manufacture, sale or transfer of bullets or shells represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells.
    (a) Except as provided in subsection (b) of this Section, it is unlawful for any person to knowingly manufacture, sell, offer to sell, or transfer any bullet or shell which is represented to be an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a flechette shell as defined in Section 24-2.1 of this Code.
    (b) Exemptions. This Section does not apply to or affect any person authorized under Section 24-2.1 to manufacture, sell, purchase, possess, or carry any armor piercing bullet or any dragon's breath shotgun shell, bolo shell, or flechette shell with respect to activities which are within the lawful scope of the exemption therein granted.
    (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption and that the activities forming the basis of any criminal charge brought pursuant to this Section were within the lawful scope of such exemption.
    (d) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 92-423, eff. 1-1-02.)

720 ILCS 5/24-3

    (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
    Sec. 24-3. Unlawful sale or delivery of firearms.
    (A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:
        (a) Sells or gives any firearm of a size which may be
    
concealed upon the person to any person under 18 years of age.
        (b) Sells or gives any firearm to a person under 21
    
years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.
        (c) Sells or gives any firearm to any narcotic addict.
        (d) Sells or gives any firearm to any person who has
    
been convicted of a felony under the laws of this or any other jurisdiction.
        (e) Sells or gives any firearm to any person who has
    
been a patient in a mental institution within the past 5 years. In this subsection (e):
            "Mental institution" means any hospital,
        
institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
            "Patient in a mental institution" means the
        
person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.
        (f) Sells or gives any firearms to any person who is
    
intellectually disabled.
        (g) Delivers any firearm of a size which may be
    
concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.
        (h) While holding any license as a dealer, importer,
    
manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.
        (i) Sells or gives a firearm of any size to any
    
person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.
        (j) Sells or gives a firearm while engaged in the
    
business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):
        A person "engaged in the business" means a person who
    
devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
        "With the principal objective of livelihood and
    
profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
        (k) Sells or transfers ownership of a firearm to a
    
person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) an approval number issued in accordance with subsection (a-10) of subsection 3 or Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.
            (1) In addition to the other requirements of this
        
paragraph (k), all persons who are not federally licensed firearms dealers must also have complied with subsection (a-10) of Section 3 of the Firearm Owners Identification Card Act by determining the validity of a purchaser's Firearm Owner's Identification Card.
            (2) All sellers or transferors who have complied
        
with the requirements of subparagraph (1) of this paragraph (k) shall not be liable for damages in any civil action arising from the use or misuse by the transferee of the firearm transferred, except for willful or wanton misconduct on the part of the seller or transferor.
        (l) Not being entitled to the possession of a
    
firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
    (B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78-355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78-355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.
    (C) Sentence.
        (1) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.
        (3) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.
        (4) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.
        (5) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.
        (6) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony, except that a violation of subparagraph (1) of paragraph (k) of subsection (A) shall not be punishable as a crime or petty offense. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.
        (8) A person 18 years of age or older convicted of
    
unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.
        (9) Any person convicted of unlawful sale or
    
delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.
        (10) Any person convicted of unlawful sale or
    
delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 2 felony if the delivery is of one firearm. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 1 felony if the delivery is of not less than 2 and not more than 5 firearms at the same time or within a one year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years if the delivery is of not less than 6 and not more than 10 firearms at the same time or within a 2 year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years if the delivery is of not less than 11 and not more than 20 firearms at the same time or within a 3 year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years if the delivery is of not less than 21 and not more than 30 firearms at the same time or within a 4 year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years if the delivery is of 31 or more firearms at the same time or within a 5 year period.
    (D) For purposes of this Section:
    "School" means a public or private elementary or secondary school, community college, college, or university.
    "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
    (E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)

720 ILCS 5/24-3A

    (720 ILCS 5/24-3A)
    Sec. 24-3A. Gunrunning.
    (a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24-3 of this Code.
    (b) Sentence. A person who commits gunrunning:
        (1) is guilty of a Class 1 felony;
        (2) is guilty of a Class X felony for which the
    
sentence shall be a term of imprisonment of not less than 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;
        (3) is guilty of a Class X felony for which the
    
sentence shall be a term of imprisonment of not less than 10 years and not more than 50 years if the transfer is of more than 20 firearms.
A person who commits gunrunning by transferring firearms to a person who, at the time of the commission of the offense, is under 18 years of age is guilty of a Class X felony.
(Source: P.A. 93-906, eff. 8-11-04.)

720 ILCS 5/24-3.1

    (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
    Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.
    (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
        (1) He is under 18 years of age and has in his
    
possession any firearm of a size which may be concealed upon the person; or
        (2) He is under 21 years of age, has been convicted
    
of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or
        (3) He is a narcotic addict and has any firearms or
    
firearm ammunition in his possession; or
        (4) He has been a patient in a mental institution
    
within the past 5 years and has any firearms or firearm ammunition in his possession. For purposes of this paragraph (4):
            "Mental institution" means any hospital,
        
institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
            "Patient in a mental institution" means the
        
person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or
        (5) He is intellectually disabled and has any
    
firearms or firearm ammunition in his possession; or
        (6) He has in his possession any explosive bullet.
    For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
    (b) Sentence.
    Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
    (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)

720 ILCS 5/24-3.2

    (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
    (a) A person commits the offense of unlawful discharge of firearm projectiles when he or she knowingly or recklessly uses an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell in violation of this Section.
    For purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
    "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
    "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
    "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles.
    (b) A person commits a Class X felony when he or she, knowing that a firearm, as defined in Section 1.1 of the Firearm Owners Identification Card Act, is loaded with an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, intentionally or recklessly discharges such firearm and such bullet or shell strikes any other person.
    (c) Any person who possesses, concealed on or about his or her person, an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell and a firearm suitable for the discharge thereof is guilty of a Class 2 felony.
    (d) This Section does not apply to or affect any of the following:
        (1) Peace officers;
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard while in the performance of their official duties;
        (4) Federal officials required to carry firearms,
    
while engaged in the performance of their official duties;
        (5) United States Marshals, while engaged in the
    
performance of their official duties.
(Source: P.A. 92-423, eff. 1-1-02.)

720 ILCS 5/24-3.3

    (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
    Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the Premises of Any School, regardless of the time of day or the time of year, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency. Any person 18 years of age or older who sells, gives or delivers any firearm to any person under 18 years of age in any school, regardless of the time of day or the time of year or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any school, regardless of the time of day or the time of year or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony. School is defined, for the purposes of this Section, as any public or private elementary or secondary school, community college, college or university. This does not apply to peace officers or to students carrying or possessing firearms for use in school training courses, parades, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded and enclosed in a suitable case, box or transportation package.
(Source: P.A. 91-673, eff. 12-22-99.)

720 ILCS 5/24-3.4

    (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
    (a) It shall be unlawful for any person who holds a license to sell at retail any alcoholic liquor issued by the Illinois Liquor Control Commission or local liquor control commissioner under the Liquor Control Act of 1934 or an agent or employee of the licensee to sell or deliver to any other person a firearm in or on the real property of the establishment where the licensee is licensed to sell alcoholic liquors unless the sale or delivery of the firearm is otherwise lawful under this Article and under the Firearm Owners Identification Card Act.
    (b) Sentence. A violation of subsection (a) of this Section is a Class 4 felony.
(Source: P.A. 87-591.)

720 ILCS 5/24-3.5

    (720 ILCS 5/24-3.5)
    Sec. 24-3.5. Unlawful purchase of a firearm.
    (a) For purposes of this Section, "firearms transaction record form" means a form:
        (1) executed by a transferee of a firearm stating:
    
(i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and
        (2) on which the transferee certifies that he or she
    
is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.
    (b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.
    (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.
    (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.
    (e) Sentence.
        (1) A person who commits the offense of unlawful
    
purchase of a firearm:
            (A) is guilty of a Class 2 felony for purchasing
        
or attempting to purchase one firearm;
            (B) is guilty of a Class 1 felony for purchasing
        
or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;
            (C) is guilty of a Class X felony for which the
        
offender shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 year period.
        (2) In addition to any other penalty that may be
    
imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.
    (f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.
(Source: P.A. 95-882, eff. 1-1-09.)

720 ILCS 5/24-3.6

    (720 ILCS 5/24-3.6)
    Sec. 24-3.6. Unlawful use of a firearm in the shape of a wireless telephone.
    (a) For the purposes of this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.
    (b) A person commits the offense of unlawful use of a firearm in the shape of a wireless telephone when he or she manufactures, sells, transfers, purchases, possesses, or carries a firearm shaped or designed to appear as a wireless telephone.
    (c) This Section does not apply to or affect the sale to or possession of a firearm in the shape of a wireless telephone by a peace officer.
    (d) Sentence. Unlawful use of a firearm in the shape of a wireless telephone is a Class 4 felony.
(Source: P.A. 92-155, eff. 1-1-02.)

720 ILCS 5/24-3.7

    (720 ILCS 5/24-3.7)
    Sec. 24-3.7. Use of a stolen firearm in the commission of an offense.
    (a) A person commits the offense of use of a stolen firearm in the commission of an offense when he or she knowingly uses a stolen firearm in the commission of any offense and the person knows that the firearm was stolen.
    (b) Sentence. Use of a stolen firearm in the commission of an offense is a Class 2 felony.
(Source: P.A. 96-190, eff. 1-1-10.)

720 ILCS 5/24-3.8

    (720 ILCS 5/24-3.8)
    Sec. 24-3.8. Possession of a stolen firearm.
    (a) A person commits possession of a stolen firearm when he or she, not being entitled to the possession of a firearm, possesses the firearm, knowing it to have been stolen or converted. The trier of fact may infer that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
    (b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/24-3.9

    (720 ILCS 5/24-3.9)
    Sec. 24-3.9. Aggravated possession of a stolen firearm.
    (a) A person commits aggravated possession of a stolen firearm when he or she:
        (1) Not being entitled to the possession of not less
    
than 2 and not more than 5 firearms, possesses those firearms at the same time or within a one-year period, knowing the firearms to have been stolen or converted.
        (2) Not being entitled to the possession of not less
    
than 6 and not more than 10 firearms, possesses those firearms at the same time or within a 2-year period, knowing the firearms to have been stolen or converted.
        (3) Not being entitled to the possession of not less
    
than 11 and not more than 20 firearms, possesses those firearms at the same time or within a 3-year period, knowing the firearms to have been stolen or converted.
        (4) Not being entitled to the possession of not less
    
than 21 and not more than 30 firearms, possesses those firearms at the same time or within a 4-year period, knowing the firearms to have been stolen or converted.
        (5) Not being entitled to the possession of more than
    
30 firearms, possesses those firearms at the same time or within a 5-year period, knowing the firearms to have been stolen or converted.
    (b) The trier of fact may infer that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
    (c) Sentence.
        (1) A person who violates paragraph (1) of subsection
    
(a) of this Section commits a Class 1 felony.
        (2) A person who violates paragraph (2) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years.
        (3) A person who violates paragraph (3) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years.
        (4) A person who violates paragraph (4) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years.
        (5) A person who violates paragraph (5) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/24-4

    (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
    Sec. 24-4. Register of sales by dealer.
    (a) Any seller of firearms of a size which may be concealed upon the person, other than a manufacturer selling to a bona fide wholesaler or retailer or a wholesaler selling to a bona fide retailer, shall keep a register of all firearms sold or given away.
    (b) Such register shall contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, description and number of the weapon, and the purpose for which it is purchased and obtained.
    (c) Such seller on demand of a peace officer shall produce for inspection the register and allow such peace officer to inspect such register and all stock on hand.
    (d) Sentence.
    Violation of this Section is a Class B misdemeanor.
(Source: P.A. 77-2638.)

720 ILCS 5/24-4.1

    (720 ILCS 5/24-4.1)
    Sec. 24-4.1. Report of lost or stolen firearms.
    (a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.
    (b) A law enforcement agency having jurisdiction shall take a written report and shall, as soon as practical, enter the firearm's serial number as stolen into the Law Enforcement Agencies Data System (LEADS).
    (c) A person shall not be in violation of this Section if:
        (1) the failure to report is due to an act of God,
    
act of war, or inability of a law enforcement agency to receive the report;
        (2) the person is hospitalized, in a coma, or is
    
otherwise seriously physically or mentally impaired as to prevent the person from reporting; or
        (3) the person's designee makes a report if the
    
person is unable to make the report.
    (d) Sentence. A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-508, eff. 8-19-13.)

720 ILCS 5/24-5

    (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
    Sec. 24-5. Defacing identification marks of firearms.
    (a) Any person who shall knowingly or intentionally change, alter, remove or obliterate the name of the importer's or manufacturer's serial number of any firearm commits a Class 2 felony.
    (b) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated commits a Class 3 felony.
    (c) Nothing in this Section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm's frame or receiver.
    (d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense.
(Source: P.A. 93-906, eff. 8-11-04.)

720 ILCS 5/24-6

    (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
    Sec. 24-6. Confiscation and disposition of weapons.
    (a) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court.
    (b) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner.
    The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes.
    (c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm.
    The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Section.
(Source: P.A. 91-696, eff. 4-13-00.)

720 ILCS 5/24-7

    (720 ILCS 5/24-7)
    Sec. 24-7. Weapons offenses; community service. In addition to any other sentence that may be imposed, a court shall order any person convicted of a violation of this Article 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 Article, the supervision shall be conditioned upon the performance of the community service.
    This Section does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)

720 ILCS 5/24-8

    (720 ILCS 5/24-8)
    Sec. 24-8. Firearm tracing.
    (a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm. Upon recovering a firearm that was used in the commission of any offense classified as a felony or upon recovering a firearm that appears to have been lost, mislaid, stolen, or otherwise unclaimed, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine prior ownership of the firearm.
    (b) Local law enforcement shall, when appropriate, use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms in complying with subsection (a) of this Section.
    (c) Local law enforcement agencies shall use the Illinois Department of State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all stolen, seized, or recovered firearms as prescribed by LEADS regulations and policies.
(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)

720 ILCS 5/24-9

    (720 ILCS 5/24-9)
    Sec. 24-9. Firearms; Child Protection.
    (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
        (1) secured by a device or mechanism, other than the
    
firearm safety, designed to render a firearm temporarily inoperable; or
        (2) placed in a securely locked box or container; or
        (3) placed in some other location that a reasonable
    
person would believe to be secure from a minor under the age of 14 years.
    (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
    (c) Subsection (a) does not apply:
        (1) if the minor under 14 years of age gains access
    
to a firearm and uses it in a lawful act of self-defense or defense of another; or
        (2) to any firearm obtained by a minor under the age
    
of 14 because of an unlawful entry of the premises by the minor or another person.
    (d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)

720 ILCS 5/24-9.5

    (720 ILCS 5/24-9.5)
    Sec. 24-9.5. Handgun safety devices.
    (a) It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. This includes but is not limited to:
        (1) An external device that is:
            (i) attached to the handgun with a key or
        
combination lock; and
            (ii) designed to prevent the handgun from being
        
discharged unless the device has been deactivated.
        (2) An integrated mechanical safety, disabling, or
    
locking device that is:
            (i) built into the handgun; and
            (ii) designed to prevent the handgun from being
        
discharged unless the device has been deactivated.
    (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
    (c) For the purposes of this Section, "handgun" has the meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24-3 of this Code.
    (d) This Section does not apply to:
        (1) the purchase, sale, or transportation of a
    
handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:
            (i) personnel of any unit of the federal
        
government;
            (ii) members of the armed forces of the United
        
States or the National Guard;
            (iii) law enforcement personnel of the State or
        
any local law enforcement agency in the State while acting within the scope of their official duties; and
            (iv) an organization that is required by federal
        
law governing its specific business or activity to maintain handguns and applicable ammunition;
        (2) a firearm modified to be permanently inoperative;
        (3) the sale or transfer of a handgun by a federally
    
licensed firearms dealer or manufacturer described in item (1) of this subsection (d);
        (4) the sale or transfer of a handgun by a federally
    
licensed firearms dealer or manufacturer to a lawful customer outside the State; or
        (5) an antique firearm.
(Source: P.A. 94-390, eff. 1-1-06.)

720 ILCS 5/24-10

    (720 ILCS 5/24-10)
    Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93-1048, eff. 11-16-04.)

720 ILCS 5/Art. 24.5

 
    (720 ILCS 5/Art. 24.5 heading)
ARTICLE 24.5. NITROUS OXIDE

720 ILCS 5/24.5-5

    (720 ILCS 5/24.5-5)
    Sec. 24.5-5. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation of this Section is guilty of a Class 4 felony. This Section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.
(Source: P.A. 91-366, eff. 1-1-00.)

720 ILCS 5/24.5-10

    (720 ILCS 5/24.5-10)
    Sec. 24.5-10. Unlawful manufacture or delivery. Any person, firm, corporation, co-partnership, limited liability company, or association that intentionally manufactures, delivers, or possesses with intent to manufacture or deliver nitrous oxide for any purpose prohibited under Section 24.5-5 is guilty of a Class 3 felony.
(Source: P.A. 91-366, eff. 1-1-00.)

720 ILCS 5/Art. 24.6

 
    (720 ILCS 5/Art. 24.6 heading)
ARTICLE 24.6. LASERS AND LASER POINTERS
(Repealed)
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 24.8

 
    (720 ILCS 5/Art. 24.8 heading)
ARTICLE 24.8. AIR RIFLES
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-0.1

    (720 ILCS 5/24.8-0.1)
    Sec. 24.8-0.1. Definitions. As used in this Article:
    "Air rifle" means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
    "Dealer" means any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of "air rifle".
    "Municipalities" include cities, villages, incorporated towns and townships.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-1

    (720 ILCS 5/24.8-1)
    Sec. 24.8-1. Selling, renting, or transferring air rifles to children.
    (a) A dealer commits selling, renting, or transferring air rifles to children when he or she sells, lends, rents, gives or otherwise transfers an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under 13 years of age.
    (b) A person commits selling, renting, or transferring air rifles to children when he or she sells, gives, lends, or otherwise transfers any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between this person and the person under 13 years of age, or where the person stands in loco parentis to the person under 13 years of age.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-2

    (720 ILCS 5/24.8-2)
    Sec. 24.8-2. Carrying or discharging air rifles on public streets.
    (a) A person under 13 years of age commits carrying or discharging air rifles on public streets when he or she carries any air rifle on the public streets, roads, highways or public lands within this State, unless the person under 13 years of age carries the air rifle unloaded.
    (b) A person commits carrying or discharging air rifles on public streets when he or she discharges any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-3

    (720 ILCS 5/24.8-3)
    Sec. 24.8-3. Permissive possession of an air rifle by a person under 13 years of age. Notwithstanding any provision of this Article, it is lawful for any person under 13 years of age to have in his or her possession any air rifle if it is:
        (1) Kept within his or her house of residence or
    
other private enclosure;
        (2) Used by the person and he or she is a duly
    
enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision guidance and instruction of a responsible adult and then only if the air rifle is actually being used in connection with the activities of the club team or society under the supervision of a responsible adult; or
        (3) Used in or on any private grounds or residence
    
under circumstances when the air rifle is fired, discharged or operated in a manner as not to endanger persons or property and then only if it is used in a manner as to prevent the projectile from passing over any grounds or space outside the limits of the grounds or residence.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-4

    (720 ILCS 5/24.8-4)
    Sec. 24.8-4. Permissive sales. The provisions of this Article do not prohibit sales of air rifles:
        (1) By wholesale dealers or jobbers;
        (2) To be shipped out of the State; or
        (3) To be used at a target range operated in
    
accordance with Section 24.8-3 of this Article or by members of the Armed Services of the United States or Veterans' organizations.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-5

    (720 ILCS 5/24.8-5)
    Sec. 24.8-5. Sentence. A violation of this Article is a petty offense. The State Police or any sheriff or police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-6

    (720 ILCS 5/24.8-6)
    Sec. 24.8-6. Municipal regulation. The provisions of any ordinance enacted by any municipality which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles as herein defined than are imposed by this Article, are not invalidated nor affected by this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 25

 
    (720 ILCS 5/Art. 25 heading)
ARTICLE 25. MOB ACTION AND RELATED OFFENSES

720 ILCS 5/25-1

    (720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
    Sec. 25-1. Mob action.
    (a) A person commits mob action when he or she engages in any of the following:
        (1) the knowing or reckless use of force or violence
    
disturbing the public peace by 2 or more persons acting together and without authority of law;
        (2) the knowing assembly of 2 or more persons with
    
the intent to commit or facilitate the commission of a felony or misdemeanor; or
        (3) the knowing assembly of 2 or more persons,
    
without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.
    (b) Sentence.
        (1) Mob action in violation of paragraph (1) of
    
subsection (a) is a Class 4 felony.
        (2) Mob action in violation of paragraphs (2) and (3)
    
of subsection (a) is a Class C misdemeanor.
        (3) A participant in a mob action that by violence
    
inflicts injury to the person or property of another commits a Class 4 felony.
        (4) A participant in a mob action who does not
    
withdraw when commanded to do so by a peace officer commits a Class A misdemeanor.
        (5) In addition to any other sentence that may be
    
imposed, a court shall order any person convicted of mob action 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 paragraph does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/25-1.1

    (720 ILCS 5/25-1.1)
    Sec. 25-1.1. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/25-2

    (720 ILCS 5/25-2) (from Ch. 38, par. 25-2)
    Sec. 25-2. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/25-4

    (720 ILCS 5/25-4)
    Sec. 25-4. Looting by individuals.
    (a) A person commits looting when he or she knowingly without authority of law or the owner enters any home or dwelling or upon any premises of another, or enters any commercial, mercantile, business, or industrial building, plant, or establishment, in which normal security of property is not present by virtue of a hurricane, fire, or vis major of any kind or by virtue of a riot, mob, or other human agency, and obtains or exerts control over property of the owner.
    (b) Sentence. Looting is a Class 4 felony. In addition to any other penalty imposed, the court shall impose a sentence of at least 100 hours of community service as determined by the court and shall require the defendant to make restitution to the owner of the property looted pursuant to Section 5-5-6 of the Unified Code of Corrections.
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/25-5

    (720 ILCS 5/25-5) (was 720 ILCS 5/25-1.1)
    Sec. 25-5. Unlawful contact with streetgang members.
    (a) A person commits unlawful contact with streetgang members when he or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been:
        (1) sentenced to probation, conditional discharge, or
    
supervision for a criminal offense with a condition of that sentence being to refrain from direct or indirect contact with a streetgang member or members;
        (2) released on bond for any criminal offense with a
    
condition of that bond being to refrain from direct or indirect contact with a streetgang member or members;
        (3) ordered by a judge in any non-criminal proceeding
    
to refrain from direct or indirect contact with a streetgang member or members; or
        (4) released from the Illinois Department of
    
Corrections on a condition of parole or mandatory supervised release that he or she refrain from direct or indirect contact with a streetgang member or members.
    (b) Unlawful contact with streetgang members is a Class A misdemeanor.
    (c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963 and the streetgang members are not engaged in any streetgang-related activity.
(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/25-6

    (720 ILCS 5/25-6) (was 720 ILCS 5/25-2)
    Sec. 25-6. Removal of chief of police or sheriff for allowing a person in his or her custody to be lynched.
    (a) If a prisoner is taken from the custody of any policeman or chief of police of any municipality and lynched, it shall be prima facie evidence of wrong-doing on the part of that chief of police and he or she shall be suspended. The mayor or chief executive of the municipality shall appoint an acting chief of police until he or she has ascertained whether the suspended chief of police had done all in his or her power to protect the life of the prisoner. If, upon hearing all evidence and argument, the mayor or chief executive finds that the chief of police had done his or her utmost to protect the prisoner, he or she may reinstate the chief of police; but, if he or she finds the chief of police guilty of not properly protecting the prisoner, a new chief of police shall be appointed. Any chief of police replaced is not be eligible to serve again in that office.
    (b) If a prisoner is taken from the custody of any sheriff or his or her deputy and lynched, it is prima facie evidence of wrong-doing on the part of that sheriff and he or she shall be suspended. The Governor shall appoint an acting sheriff until he or she has ascertained whether the suspended sheriff had done all in his or her power to protect the life of the prisoner. If, upon hearing all evidence and argument, the Governor finds that the sheriff had done his or her utmost to protect the prisoner, he or she shall reinstate the sheriff; but, if he or she finds the sheriff guilty of not properly protecting the prisoner, a new sheriff shall be duly elected or appointed, pursuant to the existing law provided for the filling of vacancies in that office. Any sheriff replaced is not eligible to serve again in that office.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 26

 
    (720 ILCS 5/Art. 26 heading)
ARTICLE 26. DISORDERLY CONDUCT

720 ILCS 5/26-1

    (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
    Sec. 26-1. Disorderly conduct.
    (a) A person commits disorderly conduct when he or she knowingly:
        (1) Does any act in such unreasonable manner as to
    
alarm or disturb another and to provoke a breach of the peace;
        (2) Transmits or causes to be transmitted in any
    
manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
        (3) Transmits or causes to be transmitted in any
    
manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
        (3.5) Transmits or causes to be transmitted a threat
    
of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
        (4) Transmits or causes to be transmitted in any
    
manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
        (5) Transmits or causes to be transmitted a false
    
report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or
        (6) Calls the number "911" for the purpose of making
    
or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency;
        (7) Transmits or causes to be transmitted a false
    
report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act";
        (8) Transmits or causes to be transmitted a false
    
report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act;
        (9) Transmits or causes to be transmitted in any
    
manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
        (10) Transmits or causes to be transmitted a false
    
report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended;
        (11) Enters upon the property of another and for a
    
lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
        (12) While acting as a collection agency as defined
    
in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
    (b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.
    A violation of subsection (a)(12) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7) or (a)(5) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(11) of this Section is a Class 4 felony.
    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct 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.
    (d) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 98-104, eff. 7-22-13.)

720 ILCS 5/26-1.1

    (720 ILCS 5/26-1.1)
    Sec. 26-1.1. False report of theft and other losses.
    (a) A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty of a Class A misdemeanor.
    (b) A person convicted of a violation of this Section a second or subsequent time is guilty of a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/26-2

    (720 ILCS 5/26-2) (from Ch. 38, par. 26-2)
    Sec. 26-2. Interference with emergency communication.
    (a) A person commits interference with emergency communication when he or she knowingly, intentionally and without lawful justification interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a citizens band radio channel, the purpose of which communication is to inform or inquire about an emergency.
    (b) For the purpose of this Section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.
    (c) Sentence.
        (1) Interference with emergency communication is a
    
Class B misdemeanor, except as otherwise provided in paragraph (2).
        (2) Interference with emergency communication, where
    
serious bodily injury or property loss in excess of $1,000 results, is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-3

    (720 ILCS 5/26-3) (from Ch. 38, par. 26-3)
    Sec. 26-3. Use of a facsimile machine in unsolicited advertising or fund-raising.
    (a) Definitions:
        (1) "Facsimile machine" means a device which is
    
capable of sending or receiving facsimiles of documents through connection with a telecommunications network.
        (2) "Person" means an individual, public or private
    
corporation, unit of government, partnership or unincorporated association.
    (b) A person commits use of a facsimile machine in unsolicited advertising or fund-raising when he or she knowingly uses a facsimile machine to send or cause to be sent to another person a facsimile of a document containing unsolicited advertising or fund-raising material, except to a person which the sender knows or under all of the circumstances reasonably believes has given the sender permission, either on a case by case or continuing basis, for the sending of the material.
    (c) Sentence. Any person who violates subsection (b) is guilty of a petty offense and shall be fined an amount not to exceed $500.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-4

    (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
    Sec. 26-4. Unauthorized video recording and live video transmission.
    (a) It is unlawful for any person to knowingly make a video record or transmit live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.
    (a-5) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent.
    (a-6) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent when the recording or transmission is made outside that person's residence by use of an audio or video device that records or transmits from a remote location.
    (a-10) It is unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.
    (a-15) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmit live video of another person without that person's consent.
    (a-20) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video with the intent to make a video record or transmit live video of another person in that other person's residence without that person's consent.
    (a-25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), or (a-20).
    (b) Exemptions. The following activities shall be exempt from the provisions of this Section:
        (1) The making of a video record or transmission of
    
live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
        (2) The making of a video record or transmission of
    
live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections; and
        (3) The making of a video record or transmission of
    
live video in a locker room by a reporter or news medium, as those terms are defined in Section 8-902 of the Code of Civil Procedure, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews.
    (c) The provisions of this Section do not apply to any sound recording or transmission of an oral conversation made as the result of the making of a video record or transmission of live video, and to which Article 14 of this Code applies.
    (d) Sentence.
        (1) A violation of subsection (a-10), (a-15), or
    
(a-20) is a Class A misdemeanor.
        (2) A violation of subsection (a), (a-5), or (a-6) is
    
a Class 4 felony.
        (3) A violation of subsection (a-25) is a Class 3
    
felony.
        (4) A violation of subsection (a), (a-5), (a-6),
    
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
        (5) A violation of subsection (a-25) is a Class 2
    
felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
    (e) For purposes of this Section:
        (1) "Residence" includes a rental dwelling, but does
    
not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.
        (2) "Video record" means and includes any
    
videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and "live video" means and includes any real-time or contemporaneous electronic or digital transmission of a still or moving visual image.
(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)

720 ILCS 5/26-4.5

    (720 ILCS 5/26-4.5)
    Sec. 26-4.5. Consumer communications privacy.
    (a) For purposes of this Section, "communications company" means any person or organization which owns, controls, operates or manages any company which provides information or entertainment electronically to a household, including but not limited to a cable or community antenna television system.
    (b) It shall be unlawful for a communications company to:
        (1) install and use any equipment which would allow a
    
communications company to visually observe or listen to what is occurring in an individual subscriber's household without the knowledge or permission of the subscriber;
        (2) provide any person or public or private
    
organization with a list containing the name of a subscriber, unless the communications company gives notice thereof to the subscriber;
        (3) disclose the television viewing habits of any
    
individual subscriber without the subscriber's consent; or
        (4) install or maintain a home-protection scanning
    
device in a dwelling as part of a communication service without the express written consent of the occupant.
    (c) Sentence. A violation of this Section is a business offense, punishable by a fine not to exceed $10,000 for each violation.
    (d) Civil liability. Any person who has been injured by a violation of this Section may commence an action in the circuit court for damages against any communications company which has committed a violation. If the court awards damages, the plaintiff shall be awarded costs.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-5

    (720 ILCS 5/26-5)
    (This Section was renumbered as Section 48-1 by P.A. 97-1108.)
    Sec. 26-5. (Renumbered).
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-6

    (720 ILCS 5/26-6)
    Sec. 26-6. Disorderly conduct at a funeral or memorial service.
    (a) The General Assembly finds and declares that due to the unique nature of funeral and memorial services and the heightened opportunity for extreme emotional distress on such occasions, the purpose of this Section is to protect the privacy and ability to mourn of grieving families directly before, during, and after a funeral or memorial service.
    (b) For purposes of this Section:
        (1) "Funeral" means the ceremonies, rituals,
    
processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person.
        (2) "Funeral site" means a church, synagogue, mosque,
    
funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next 30 minutes or has been conducted within the last 30 minutes.
    (c) A person commits the offense of disorderly conduct at a funeral or memorial service when he or she:
        (1) engages, with knowledge of the existence of a
    
funeral site, in any loud singing, playing of music, chanting, whistling, yelling, or noisemaking with, or without, noise amplification including, but not limited to, bullhorns, auto horns, and microphones within 300 feet of any ingress or egress of that funeral site, where the volume of such singing, music, chanting, whistling, yelling, or noisemaking is likely to be audible at and disturbing to the funeral site;
        (2) displays, with knowledge of the existence of a
    
funeral site and within 300 feet of any ingress or egress of that funeral site, any visual images that convey fighting words or actual or veiled threats against any other person; or
        (3) with knowledge of the existence of a funeral
    
site, knowingly obstructs, hinders, impedes, or blocks another person's entry to or exit from that funeral site or a facility containing that funeral site, except that the owner or occupant of property may take lawful actions to exclude others from that property.
    (d) Disorderly conduct at a funeral or memorial service is a Class C misdemeanor. A second or subsequent violation is a Class 4 felony.
    (e) If any clause, sentence, section, provision, or part of this Section or the application thereof to any person or circumstance is adjudged to be unconstitutional, the remainder of this Section or its application to persons or circumstances other than those to which it is held invalid, is not affected thereby.
(Source: P.A. 97-359, eff. 8-15-11.)

720 ILCS 5/26-7

    (720 ILCS 5/26-7)
    Sec. 26-7. Disorderly conduct with a laser or laser pointer.
    (a) Definitions. For the purposes of this Section:
        "Aircraft" means any contrivance now known or
    
hereafter invented, used, or designed for navigation of or flight in the air, but excluding parachutes.
        "Laser" means both of the following:
            (1) any device that utilizes the natural
        
oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
            (2) any device designed or used to amplify
        
electromagnetic radiation by simulated emission that is visible to the human eye.
        "Laser pointer" means a hand-held device that emits
    
light amplified by the stimulated emission of radiation that is visible to the human eye.
        "Laser sight" means a laser pointer that can be
    
attached to a firearm and can be used to improve the accuracy of the firearm.
    (b) A person commits disorderly conduct with a laser or laser pointer when he or she intentionally or knowingly:
        (1) aims an operating laser pointer at a person he or
    
she knows or reasonably should know to be a peace officer; or
        (2) aims and discharges a laser or other device that
    
creates visible light into the cockpit of an aircraft that is in the process of taking off, landing, or is in flight.
    (c) Paragraph (2) of subsection (b) does not apply to the following individuals who aim and discharge a laser or other device at an aircraft:
        (1) an authorized individual in the conduct of
    
research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct this research and development or flight test operations; or
        (2) members or elements of the Department of Defense
    
or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
    (d) Sentence. Disorderly conduct with a laser or laser pointer is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 26.5

 
    (720 ILCS 5/Art. 26.5 heading)
ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-0.1

    (720 ILCS 5/26.5-0.1)
    Sec. 26.5-0.1. Definitions. As used in this Article:
    "Electronic communication" means any transfer of signs, signals, writings, images, 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.
    "Family or household member" includes 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 share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. 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.
    "Harass" or "harassing" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-1

    (720 ILCS 5/26.5-1)
    Sec. 26.5-1. Transmission of obscene messages.
    (a) A person commits transmission of obscene messages when he or she sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or wires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois.
    (b) The trier of fact may infer intent to offend from the use of language or terms which are obscene, lewd or immoral.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-2

    (720 ILCS 5/26.5-2)
    Sec. 26.5-2. Harassment by telephone.
    (a) A person commits harassment by telephone when he or she uses telephone communication for any of the following purposes:
        (1) Making any comment, request, suggestion or
    
proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend;
        (2) Making a telephone call, whether or not
    
conversation ensues, with intent to abuse, threaten or harass any person at the called number;
        (3) Making or causing the telephone of another
    
repeatedly to ring, with intent to harass any person at the called number;
        (4) Making repeated telephone calls, during which
    
conversation ensues, solely to harass any person at the called number;
        (5) Making a telephone call or knowingly inducing a
    
person to make a telephone call for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; or
        (6) Knowingly permitting any telephone under one's
    
control to be used for any of the purposes mentioned herein.
    (b) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. The notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING". All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-3

    (720 ILCS 5/26.5-3)
    Sec. 26.5-3. Harassment through electronic communications.
    (a) A person commits harassment through electronic communications when he or she uses electronic communication for any of the following purposes:
        (1) Making any comment, request, suggestion or
    
proposal which is obscene with an intent to offend;
        (2) Interrupting, with the intent to harass, the
    
telephone service or the electronic communication service of any person;
        (3) Transmitting to any person, with the intent to
    
harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
        (4) Transmitting an electronic communication or
    
knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
        (5) Threatening injury to the person or to the
    
property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
        (6) Knowingly permitting any electronic
    
communications device to be used for any of the purposes mentioned in this subsection (a).
    (b) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-4

    (720 ILCS 5/26.5-4)
    Sec. 26.5-4. Evidence inference. Evidence that a defendant made additional telephone calls or engaged in additional electronic communications after having been requested by a named complainant or by a family or household member of the complainant to stop may be considered as evidence of an intent to harass unless disproved by evidence to the contrary.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-5

    (720 ILCS 5/26.5-5)
    Sec. 26.5-5. Sentence.
    (a) Except as provided in subsection (b), a person who violates any of the provisions of Section 26.5-1, 26.5-2, or 26.5-3 of this Article is guilty of a Class B misdemeanor. Except as provided in subsection (b), a second or subsequent violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article is a Class A misdemeanor, for which the court shall impose a minimum of 14 days in jail or, if public or community service is established in the county in which the offender was convicted, 240 hours of public or community service.
    (b) In any of the following circumstances, a person who violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article shall be guilty of a Class 4 felony:
        (1) The person has 3 or more prior violations in the
    
last 10 years of harassment by telephone, harassment through electronic communications, or any similar offense of any other state;
        (2) The person has previously violated the harassment
    
by telephone provisions, or the harassment through electronic communications provisions, or committed any similar offense in any other state with the same victim or a member of the victim's family or household;
        (3) At the time of the offense, the offender was
    
under conditions of bail, probation, conditional discharge, mandatory supervised release or was the subject of an order of protection, in this or any other state, prohibiting contact with the victim or any member of the victim's family or household;
        (4) In the course of the offense, the offender
    
threatened to kill the victim or any member of the victim's family or household;
        (5) The person has been convicted in the last 10
    
years of a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
        (6) The person violates paragraph (5) of Section
    
26.5-2 or paragraph (4) of Section 26.5-3; or
        (7) The person was at least 18 years of age at the
    
time of the commission of the offense and the victim was under 18 years of age at the time of the commission of the offense.
    (c) The court may order any person convicted under this Article to submit to a psychiatric examination.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 28

 
    (720 ILCS 5/Art. 28 heading)
ARTICLE 28. GAMBLING AND RELATED OFFENSES

720 ILCS 5/28-1

    (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
    Sec. 28-1. Gambling.
    (a) A person commits gambling when he or she:
        (1) knowingly plays a game of chance or skill for
    
money or other thing of value, unless excepted in subsection (b) of this Section;
        (2) knowingly makes a wager upon the result of any
    
game, contest, or any political nomination, appointment or election;
        (3) knowingly operates, keeps, owns, uses, purchases,
    
exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
        (4) contracts to have or give himself or herself or
    
another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
        (5) knowingly owns or possesses any book, instrument
    
or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
        (6) knowingly sells pools upon the result of any game
    
or contest of skill or chance, political nomination, appointment or election;
        (7) knowingly sets up or promotes any lottery or
    
sells, offers to sell or transfers any ticket or share for any lottery;
        (8) knowingly sets up or promotes any policy game or
    
sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
        (9) knowingly drafts, prints or publishes any lottery
    
ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
        (10) knowingly advertises any lottery or policy game,
    
except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
        (11) knowingly transmits information as to wagers,
    
betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
        (12) knowingly establishes, maintains, or operates an
    
Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6) and (6.1) of subsection (b) of this Section.
    (b) Participants in any of the following activities shall not be convicted of gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
        (3) Pari-mutuel betting as authorized by the law of
    
this State.
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
        (5) The game commonly known as "bingo", when
    
conducted in accordance with the Bingo License and Tax Act.
        (6) Lotteries when conducted by the State of Illinois
    
in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
        (6.1) The purchase of lottery tickets through the
    
Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
        (7) Possession of an antique slot machine that is
    
neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
        (8) Raffles when conducted in accordance with the
    
Raffles Act.
        (9) Charitable games when conducted in accordance
    
with the Charitable Games Act.
        (10) Pull tabs and jar games when conducted under the
    
Illinois Pull Tabs and Jar Games Act.
        (11) Gambling games conducted on riverboats when
    
authorized by the Riverboat Gambling Act.
        (12) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
        (13) Games of skill or chance where money or other
    
things of value can be won but no payment or purchase is required to participate.
    (c) Sentence.
    Gambling is a Class A misdemeanor. A second or subsequent conviction under subsections (a)(3) through (a)(12), is a Class 4 felony.
    (d) Circumstantial evidence.
    In prosecutions under this Section circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/28-1.1

    (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
    Sec. 28-1.1. Syndicated gambling.
    (a) Declaration of Purpose. Recognizing the close relationship between professional gambling and other organized crime, it is declared to be the policy of the legislature to restrain persons from engaging in the business of gambling for profit in this State. This Section shall be liberally construed and administered with a view to carrying out this policy.
    (b) A person commits syndicated gambling when he or she operates a "policy game" or engages in the business of bookmaking.
    (c) A person "operates a policy game" when he or she knowingly uses any premises or property for the purpose of receiving or knowingly does receive from what is commonly called "policy":
        (1) money from a person other than the bettor or
    
player whose bets or plays are represented by the money; or
        (2) written "policy game" records, made or used over
    
any period of time, from a person other than the bettor or player whose bets or plays are represented by the written record.
    (d) A person engages in bookmaking when he or she knowingly receives or accepts more than five bets or wagers upon the result of any trials or contests of skill, speed or power of endurance or upon any lot, chance, casualty, unknown or contingent event whatsoever, which bets or wagers shall be of such size that the total of the amounts of money paid or promised to be paid to the bookmaker on account thereof shall exceed $2,000. Bookmaking is the receiving or accepting of bets or wagers regardless of the form or manner in which the bookmaker records them.
    (e) Participants in any of the following activities shall not be convicted of syndicated gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in the contest;
        (3) Pari-mutuel betting as authorized by law of this
    
State;
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when the transportation is not prohibited by any applicable Federal law;
        (5) Raffles when conducted in accordance with the
    
Raffles Act;
        (6) Gambling games conducted on riverboats when
    
authorized by the Riverboat Gambling Act; and
        (7) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
    (f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)

720 ILCS 5/28-2

    (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
    Sec. 28-2. Definitions.
    (a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A "gambling device" does not include:
        (1) A coin-in-the-slot operated mechanical device
    
played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property.
        (2) Vending machines by which full and adequate
    
return is made for the money invested and in which there is no element of chance or hazard.
        (3) A crane game. For the purposes of this paragraph
    
(3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than $25.
        (4) A redemption machine. For the purposes of this
    
paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
            (A) The outcome of the game is predominantly
        
determined by the skill of the player.
            (B) The award of the prize is based solely upon
        
the player's achieving the object of the game or otherwise upon the player's score.
            (C) Only merchandise prizes are awarded.
            (D) The wholesale value of prizes awarded in lieu
        
of tickets or tokens for single play of the device does not exceed $25.
            (E) The redemption value of tickets, tokens, and
        
other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
        (5) Video gaming terminals at a licensed
    
establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
    (a-5) "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.
    (a-6) "Access" and "computer" have the meanings ascribed to them in Section 16D-2 of this Code.
    (b) A "lottery" is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name.
    (c) A "policy game" is any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt.
(Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)

720 ILCS 5/28-3

    (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
    Sec. 28-3. Keeping a Gambling Place. A "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act or the Video Gaming Act. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:
    (a) Such premises is a public nuisance and may be proceeded against as such, and
    (b) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and
    (c) Such premises of any person who knowingly permits thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article.
(Source: P.A. 96-34, eff. 7-13-09.)

720 ILCS 5/28-4

    (720 ILCS 5/28-4) (from Ch. 38, par. 28-4)
    Sec. 28-4. Registration of Federal Gambling Stamps.
    (a) Every person who has purchased a Federal Wagering Occupational Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, or a Federal Gaming Device Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, shall register forthwith such stamp or stamps with the county clerk's office in which he resides and the county clerk's office of each and every county in which he conducts any business. A violation of this Section is a Class B misdemeanor. A subsequent violation is a Class A misdemeanor.
    (b) To register a stamp as required by this Section, each individual stamp purchaser and each member of a firm or association which is a stamp purchaser and, if such purchaser is corporate, the registered agent of the purchasing corporation shall deliver the stamp to the county clerk for inspection and shall under oath or affirmation complete and sign a registration form which shall state the full name and residence and business address of each purchaser and of each member of a purchasing firm or association and of each person employed or engaged in gambling on behalf of such purchaser, shall state the registered agent and registered address of a corporate purchaser, shall state each place where gambling is to be performed by or on behalf of the purchaser, and shall state the duration of validity of the stamp and the federal registration number and tax return number thereof. Any false statement in the registration form is material and is evidence of perjury.
    (c) Within 3 days after such registration the county clerk shall by registered mail forward notice of such registration and a duplicate copy of each registration form to the Attorney General of this State, to the Chairman of the Illinois Liquor Control Commission, to the State's Attorney and Sheriff of each county wherein the stamp is registered, and to the principal official of the department of police of each city, village and incorporated town in this State wherein the stamp is registered or wherein the registrant maintains a business address.
(Source: P.A. 77-2638.)

720 ILCS 5/28-5

    (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
    Sec. 28-5. Seizure of gambling devices and gambling funds.
    (a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a "gambling device", and shall be subject to seizure, confiscation and destruction by the Department of State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found. As used in this Section, a "gambling device" includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.
    (b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.
    (c) If, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure. Such hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture. Every such person may appear as a party and present evidence at such hearing. The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered: a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred; money and other things of value shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred. However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28-1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine. Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.
    (d) If a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the forfeiture and destruction of a gambling device, or for the forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate civil proceedings in the manner provided by law.
    (e) Any gambling device displayed for sale to a riverboat gambling operation or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat Gambling Act is exempt from seizure under this Section.
    (f) Any gambling equipment, devices and supplies provided by a licensed supplier in accordance with the Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section.
    (g) The following video gaming terminals are exempt from seizure under this Section:
        (1) Video gaming terminals for sale to a licensed
    
distributor or operator under the Video Gaming Act.
        (2) Video gaming terminals used to train licensed
    
technicians or licensed terminal handlers.
        (3) Video gaming terminals that are removed from a
    
licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.
(Source: P.A. 98-31, eff. 6-24-13.)

720 ILCS 5/28-7

    (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
    Sec. 28-7. Gambling contracts void.
    (a) All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into, or executed by any person whatsoever, where the whole or any part of the consideration thereof is for any money or thing of value, won or obtained in violation of any Section of this Article are null and void.
    (b) Any obligation void under this Section may be set aside and vacated by any court of competent jurisdiction, upon a complaint filed for that purpose, by the person so granting, giving, entering into, or executing the same, or by his executors or administrators, or by any creditor, heir, legatee, purchaser or other person interested therein; or if a judgment, the same may be set aside on motion of any person stated above, on due notice thereof given.
    (c) No assignment of any obligation void under this Section may in any manner affect the defense of the person giving, granting, drawing, entering into or executing such obligation, or the remedies of any person interested therein.
    (d) This Section shall not prevent a licensed owner of a riverboat gambling operation from instituting a cause of action to collect any amount due and owing under an extension of credit to a riverboat gambling patron as authorized under the Riverboat Gambling Act.
(Source: P.A. 87-826.)

720 ILCS 5/28-8

    (720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
    Sec. 28-8. Gambling losses recoverable.
    (a) Any person who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either in his own name or in the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity or stock exchange, shall, under any circumstances, be deemed a "winner" of any moneys lost by such other person in or through any such transactions.
    (b) If within 6 months, such person who under the terms of Subsection 28-8(a) is entitled to initiate action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The court or the jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined.
    (c) Gambling losses as a result of gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this Section.
(Source: P.A. 98-31, eff. 6-24-13.)

720 ILCS 5/28-9

    (720 ILCS 5/28-9) (from Ch. 38, par. 28-9)
    Sec. 28-9.
    At the option of the prosecuting attorney any prosecution under this Article may be commenced by an information as defined in Section 102-12 of the Code of Criminal Procedure of 1963.
(Source: P.A. 76-1131.)

720 ILCS 5/Art. 29

 
    (720 ILCS 5/Art. 29 heading)
ARTICLE 29. BRIBERY IN CONTESTS

720 ILCS 5/29-1

    (720 ILCS 5/29-1) (from Ch. 38, par. 29-1)
    Sec. 29-1. Offering a bribe.
    (a) Any person who, with intent to influence any person participating in, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition, gives, offers or promises any money, bribe or other thing of value or advantage to induce such participant, official or other person not to use his best efforts in connection with such contest, event or exhibition commits a Class 4 felony.
    (b) Any person who, with the intent to influence the decision of any individual, offers or promises any money, bribe or other thing of value or advantage to induce such individual to attend, refrain from attending or continue to attend a particular public or private institution of secondary education or higher education for the purpose of participating or not participating in interscholastic athletic competition for such institution commits a Class A misdemeanor. This Section does not apply to the: (1) offering or awarding to an individual any type of scholarship, grant or other bona fide financial aid or employment; (2) offering of any type of financial assistance by such individual's family; or (3) offering of any item of de minimis value by such institution's authorities if such item is of the nature of an item that is commonly provided to any or all students or prospective students.
    (c) Any person who gives any money, goods or other thing of value to an individual enrolled in an institution of higher education who participates in interscholastic competition and represents or attempts to represent such individual in future negotiations for employment with any professional sports team commits a Class A misdemeanor.
(Source: P.A. 85-665.)

720 ILCS 5/29-2

    (720 ILCS 5/29-2) (from Ch. 38, par. 29-2)
    Sec. 29-2. Accepting a bribe.
    Any person participating in, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition who accepts or agrees to accept any money, bribe or other thing of value or advantage with the intent, understanding or agreement that he will not use his best efforts in connection with such contest, event or exhibition commits a Class 4 felony.
(Source: P.A. 77-2638.)

720 ILCS 5/29-3

    (720 ILCS 5/29-3) (from Ch. 38, par. 29-3)
    Sec. 29-3. Failure to report offer of bribe.
    Any person participating, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition who fails to report forthwith to his employer, the promoter of such contest, event or exhibition, a peace officer, or the local State's Attorney any offer or promise made to him in violation of Section 29-1 commits a Class A misdemeanor.
(Source: P.A. 77-2638.)

720 ILCS 5/Art. 29A

 
    (720 ILCS 5/Art. 29A heading)
ARTICLE 29A. COMMERCIAL BRIBERY

720 ILCS 5/29A-1

    (720 ILCS 5/29A-1) (from Ch. 38, par. 29A-1)
    Sec. 29A-1.
    A person commits commercial bribery when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.
(Source: P.A. 76-1129.)

720 ILCS 5/29A-2

    (720 ILCS 5/29A-2) (from Ch. 38, par. 29A-2)
    Sec. 29A-2.
    An employee, agent or fiduciary commits commercial bribe receiving when, without consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.
(Source: P.A. 76-1129.)

720 ILCS 5/29A-3

    (720 ILCS 5/29A-3) (from Ch. 38, par. 29A-3)
    Sec. 29A-3. Sentence.
    (a) If the benefit offered, conferred, or agreed to be conferred, solicited, accepted or agreed to be accepted is less than $500,000, commercial bribery or commercial bribe receiving is a Class A misdemeanor and the sentence shall include, but not be limited to, a fine not to exceed $5,000.
    (b) If the benefit offered, conferred, or agreed to be conferred, solicited, accepted, or agreed to be accepted in violation of this Article is $500,000 or more, the offender is guilty of a Class 3 felony.
(Source: P.A. 93-496, eff. 1-1-04.)

720 ILCS 5/29A-4

    (720 ILCS 5/29A-4)
    Sec. 29A-4. Corporate Crime Fund.
    (a) In addition to any fines, penalties, and assessments otherwise authorized under this Code, any person convicted of a violation of this Article or Section 17-26 or 17-27 of this Code shall be assessed a penalty of not more than 3 times the value of all property involved in the criminal activity.
    (b) The penalties assessed under subsection (a) shall be deposited into the Corporate Crime Fund, a special fund hereby created in the State treasury. Moneys in the Fund shall be used to make restitution to a person who has suffered property loss as a result of violations of this Article. The court may determine the reasonable amount, terms, and conditions of the restitution. In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant.
(Source: P.A. 93-496, eff. 1-1-04.)

720 ILCS 5/Art. 29B

 
    (720 ILCS 5/Art. 29B heading)
ARTICLE 29B. MONEY LAUNDERING

720 ILCS 5/29B-1

    (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
    Sec. 29B-1. (a) A person commits the offense of money laundering:
        (1) when, knowing that the property involved in a
    
financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct such a financial transaction which in fact involves criminally derived property:
            (A) with the intent to promote the carrying on
        
of the unlawful activity from which the criminally derived property was obtained; or
            (B) where he or she knows or reasonably should
        
know that the financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            
location, the source, the ownership or the control of the criminally derived property; or
                (ii) to avoid a transaction reporting
            
requirement under State law; or
        (1.5) when he or she transports, transmits, or
    
transfers, or attempts to transport, transmit, or transfer a monetary instrument:
            (A) with the intent to promote the carrying on of
        
the unlawful activity from which the criminally derived property was obtained; or
            (B) knowing, or having reason to know, that the
        
financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            
location, the source, the ownership or the control of the criminally derived property; or
                (ii) to avoid a transaction reporting
            
requirement under State law; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified
        
criminal activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        
source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined by subdivision (b)(6); or
            (C) avoid a transaction reporting requirement
        
under State law,
    he or she conducts or attempts to conduct a financial
    
transaction involving property he or she believes to be the proceeds of specified criminal activity as defined by subdivision (b)(6) or property used to conduct or facilitate specified criminal activity as defined by subdivision (b)(6).
    (b) As used in this Section:
        (0.5) "Knowing that the property involved in a
    
financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law.
        (1) "Financial transaction" means a purchase, sale,
    
loan, pledge, gift, transfer, delivery or other disposition utilizing criminally derived property, and with respect to financial institutions, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a financial institution. For purposes of clause (a)(2) of this Section, the term "financial transaction" also means a transaction which without regard to whether the funds, monetary instruments, or real or personal property involved in the transaction are criminally derived, any transaction which in any way or degree: (1) involves the movement of funds by wire or any other means; (2) involves one or more monetary instruments; or (3) the transfer of title to any real or personal property. The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Section.
        (2) "Financial institution" means any bank; saving
    
and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union, mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer or cashier of travelers checks, checks or money orders; dealer in precious metals, stones or jewels; broker or dealer in securities or commodities; investment banker; or investment company.
        (3) "Monetary instrument" means United States coins
    
and currency; coins and currency of a foreign country; travelers checks; personal checks, bank checks, and money orders; investment securities; bearer negotiable instruments; bearer investment securities; or bearer securities and certificates of stock in such form that title thereto passes upon delivery.
        (4) "Criminally derived property" means: (A) any
    
property, real or personal, constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law; or (B) any property represented to be property constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law.
        (5) "Conduct" or "conducts" includes, in addition to
    
its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction.
        (6) "Specified criminal activity" means any violation
    
of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation of Article 29D of this Code.
        (7) "Director" means the Director of State Police or
    
his or her designated agents.
        (8) "Department" means the Department of State Police
    
of the State of Illinois or its successor agency.
        (9) "Transaction reporting requirement under State
    
law" means any violation as defined under the Currency Reporting Act.
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    
value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    
value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;
        (3) Laundering of criminally derived property of a
    
value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;
        (4) Money laundering in violation of subsection
    
(a)(2) of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    
value exceeding $500,000 is a Class 1 non-probationable felony;
        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
    
this Section, the sentences are as follows:
            (A) Laundering of property of a value not
        
exceeding $10,000 is a Class 3 felony;
            (B) Laundering of property of a value exceeding
        
$10,000 but not exceeding $100,000 is a Class 2 felony;
            (C) Laundering of property of a value exceeding
        
$100,000 but not exceeding $500,000 is a Class 1 felony;
            (D) Laundering of property of a value exceeding
        
$500,000 is a Class 1 non-probationable felony.
    (d) Evidence. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity:
        (1) A financial transaction was conducted or
    
structured or attempted in violation of the reporting requirements of any State or federal law; or
        (2) A financial transaction was conducted or
    
attempted with the use of a false or fictitious name or a forged instrument; or
        (3) A falsely altered or completed written instrument
    
or a written instrument that contains any materially false personal identifying information was made, used, offered or presented, whether accepted or not, in connection with a financial transaction; or
        (4) A financial transaction was structured or
    
attempted to be structured so as to falsely report the actual consideration or value of the transaction; or
        (5) A money transmitter, a person engaged in a trade
    
or business or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record; or
        (6) The criminally derived property is transported or
    
possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of such property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to such property; or
        (7) A person pays or receives substantially less than
    
face value for one or more monetary instruments; or
        (8) A person engages in a transaction involving one
    
or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.
    (e) Duty to enforce this Article.
        (1) It is the duty of the Department of State Police,
    
and its agents, officers, and investigators, to enforce all provisions of this Article, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, or of any state, relating to money laundering. Only an agent, officer, or investigator designated by the Director may be authorized in accordance with this Section to serve seizure notices, warrants, subpoenas, and summonses under the authority of this State.
        (2) Any agent, officer, investigator, or peace
    
officer designated by the Director may: (A) make seizure of property pursuant to the provisions of this Article; and (B) perform such other law enforcement duties as the Director designates. It is the duty of all State's Attorneys to prosecute violations of this Article and institute legal proceedings as authorized under this Article.
    (f) Protective orders.
        (1) Upon application of the State, the court may
    
enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (h) for forfeiture under this Article:
            (A) upon the filing of an indictment,
        
information, or complaint charging a violation of this Article for which forfeiture may be ordered under this Article and alleging that the property with respect to which the order is sought would be subject to forfeiture under this Article; or
            (B) prior to the filing of such an indictment,
        
information, or complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that:
                (i) there is probable cause to believe that
            
the State will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and
                (ii) the need to preserve the availability of
            
the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
            Provided, however, that an order entered pursuant
        
to subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment, information, complaint, or administrative notice has been filed.
        (2) A temporary restraining order under this
    
subsection may be entered upon application of the State without notice or opportunity for a hearing when an indictment, information, complaint, or administrative notice has not yet been filed with respect to the property, if the State demonstrates that there is probable cause to believe that the property with respect to which the order is sought would be subject to forfeiture under this Section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 30 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order.
        (3) The court may receive and consider, at a hearing
    
held pursuant to this subsection (f), evidence and information that would be inadmissible under the Illinois rules of evidence.
        (4) Order to repatriate and deposit.
            (A) In general. Pursuant to its authority to
        
enter a pretrial restraining order under this Section, the court may order a defendant to repatriate any property that may be seized and forfeited and to deposit that property pending trial with the Illinois State Police or another law enforcement agency designated by the Illinois State Police.
            (B) Failure to comply. Failure to comply with an
        
order under this subsection (f) is punishable as a civil or criminal contempt of court.
    (g) Warrant of seizure. The State may request the issuance of a warrant authorizing the seizure of property described in subsection (h) in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would be subject to forfeiture, the court shall issue a warrant authorizing the seizure of such property.
    (h) Forfeiture.
        (1) The following are subject to forfeiture:
            (A) any property, real or personal, constituting,
        
derived from, or traceable to any proceeds the person obtained directly or indirectly, as a result of a violation of this Article;
            (B) any of the person's property used, or
        
intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this Article;
            (C) all conveyances, including aircraft, vehicles
        
or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in subparagraphs (A) and (B), but:
                (i) no conveyance used by any person as a
            
common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Article;
                (ii) no conveyance is subject to forfeiture
            
under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;
                (iii) a forfeiture of a conveyance encumbered
            
by a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
            (D) all real property, including any right,
        
title, and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation of this Article or that is the proceeds of any violation or act that constitutes a violation of this Article.
        (2) Property subject to forfeiture under this Article
    
may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made:
            (A) if the seizure is incident to a seizure
        
warrant;
            (B) if the property subject to seizure has been
        
the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article;
            (C) if there is probable cause to believe that
        
the property is directly or indirectly dangerous to health or safety;
            (D) if there is probable cause to believe that
        
the property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or
            (E) in accordance with the Code of Criminal
        
Procedure of 1963.
        (3) In the event of seizure pursuant to paragraph
    
(2), forfeiture proceedings shall be instituted in accordance with subsections (i) through (r).
        (4) Property taken or detained under this Section
    
shall not be subject to replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article. When property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director. Upon receiving notice of seizure, the Director may:
            (A) place the property under seal;
            (B) remove the property to a place designated by
        
the Director;
            (C) keep the property in the possession of the
        
seizing agency;
            (D) remove the property to a storage area for
        
safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account;
            (E) place the property under constructive seizure
        
by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property; or
            (F) provide for another agency or custodian,
        
including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the Director.
        (5) When property is forfeited under this Article,
    
the Director shall sell all such property unless such property is required by law to be destroyed or is harmful to the public, and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with paragraph (6). However, upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests and prosecution which lead to the forfeiture, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws, if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in its enforcement efforts. When any real property returned to the seizing agency is sold by the agency or its unit of government, the proceeds of the sale shall be delivered to the Director and distributed in accordance with paragraph (6).
        (6) All monies and the sale proceeds of all other
    
property forfeited and seized under this Article shall be distributed as follows:
            (A) 65% shall be distributed to the metropolitan
        
enforcement group, local, municipal, county, or State law enforcement agency or agencies which conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used for the enforcement of laws.
            (B)(i) 12.5% shall be distributed to the Office
        
of the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws. In counties over 3,000,000 population, 25% shall be distributed to the Office of the State's Attorney for use in the enforcement of laws. If the prosecution is undertaken solely by the Attorney General, the portion provided hereunder shall be distributed to the Attorney General for use in the enforcement of laws.
                (ii) 12.5% shall be distributed to the Office
            
of the State's Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that office to be used for additional expenses incurred in the investigation, prosecution and appeal of cases arising under laws. The Office of the State's Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.
            (C) 10% shall be retained by the Department of
        
State Police for expenses related to the administration and sale of seized and forfeited property.
        Moneys and the sale proceeds distributed to the
    
Department of State Police under this Article shall be deposited in the Money Laundering Asset Recovery Fund created in the State treasury and shall be used by the Department of State Police for State law enforcement purposes.
    (i) Notice to owner or interest holder.
        (1) Whenever notice of pending forfeiture or service
    
of an in rem complaint is required under the provisions of this Article, such notice or service shall be given as follows:
            (A) If the owner's or interest holder's name and
        
current address are known, then by either personal service or mailing a copy of the notice by certified mail, return receipt requested, to that address. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, then the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address; or
            (B) If the property seized is a conveyance, to
        
the address reflected in the office of the agency or official in which title or interest to the conveyance is required by law to be recorded, then by mailing a copy of the notice by certified mail, return receipt requested, to that address; or
            (C) If the owner's or interest holder's address
        
is not known, and is not on record as provided in paragraph (B), then by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.
        (2) Notice served under this Article is effective
    
upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
    (j) Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, within 90 days after seizure, notify the State's Attorney for the county, either where an act or omission giving rise to the forfeiture occurred or where the property was seized, of the seizure of the property and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. When the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding such vehicle.
    (k) Non-judicial forfeiture. If non-real property that exceeds $20,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of this Article, the State's Attorney shall institute judicial in rem forfeiture proceedings as described in subsection (l) of this Section within 45 days from receipt of notice of seizure from the seizing agency under subsection (j) of this Section. However, if non-real property that does not exceed $20,000 in value excluding the value of any conveyance is seized, the following procedure shall be used:
        (1) If, after review of the facts surrounding the
    
seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days after the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with subsection (i) of this Section.
        (2) The notice of pending forfeiture must include a
    
description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.
        (3)(A) Any person claiming an interest in property
    
which is the subject of notice under paragraph (1) of this subsection (k), must, in order to preserve any rights or claims to the property, within 45 days after the effective date of notice as described in subsection (i) of this Section, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:
            (i) the caption of the proceedings as set forth
        
on the notice of pending forfeiture and the name of the claimant;
            (ii) the address at which the claimant will
        
accept mail;
            (iii) the nature and extent of the claimant's
        
interest in the property;
            (iv) the date, identity of the transferor, and
        
circumstances of the claimant's acquisition of the interest in the property;
            (v) the name and address of all other persons
        
known to have an interest in the property;
            (vi) the specific provision of law relied on in
        
asserting the property is not subject to forfeiture;
            (vii) all essential facts supporting each
        
assertion; and
            (viii) the relief sought.
        (B) If a claimant files the claim and deposits with
    
the State's Attorney a cost bond, in the form of a cashier's check payable to the clerk of the court, in the sum of 10% of the reasonable value of the property as alleged by the State's Attorney or the sum of $100, whichever is greater, upon condition that, in the case of forfeiture, the claimant must pay all costs and expenses of forfeiture proceedings, then the State's Attorney shall institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in subsection (l) of this Section within 45 days after receipt of the claim and cost bond. In lieu of a cost bond, a person claiming interest in the seized property may file, under penalty of perjury, an indigency affidavit which has been approved by a circuit court judge.
        (C) If none of the seized property is forfeited in
    
the judicial in rem proceeding, the clerk of the court shall return to the claimant, unless the court orders otherwise, 90% of the sum which has been deposited and shall retain as costs 10% of the money deposited. If any of the seized property is forfeited under the judicial forfeiture proceeding, the clerk of the court shall transfer 90% of the sum which has been deposited to the State's Attorney prosecuting the civil forfeiture to be applied to the costs of prosecution and the clerk shall retain as costs 10% of the sum deposited.
        (4) If no claim is filed or bond given within the 45
    
day period as described in paragraph (3) of this subsection (k), the State's Attorney shall declare the property forfeited and shall promptly notify the owner and all known interest holders of the property and the Director of State Police of the declaration of forfeiture and the Director shall dispose of the property in accordance with law.
    (l) Judicial in rem procedures. If property seized under the provisions of this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim and a cost bond under paragraph (3) of subsection (k) of this Section, the following judicial in rem procedures shall apply:
        (1) If, after a review of the facts surrounding the
    
seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days of the receipt of notice of seizure by the seizing agency or the filing of the claim and cost bond, whichever is later, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture and, if the claimant has filed a claim and cost bond, by depositing the cost bond with the clerk of the court. When authorized by law, a forfeiture must be ordered by a court on an action in rem brought by a State's Attorney under a verified complaint for forfeiture.
        (2) During the probable cause portion of the judicial
    
in rem proceeding wherein the State presents its case-in-chief, the court must receive and consider, among other things, all relevant hearsay evidence and information. The laws of evidence relating to civil actions apply to all other portions of the judicial in rem proceeding.
        (3) Only an owner of or interest holder in the
    
property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. Upon motion of the State, the court shall first hold a hearing, wherein any claimant must establish by a preponderance of the evidence, that he or she has a lawful, legitimate ownership interest in the property and that it was obtained through a lawful source.
        (4) The answer must be signed by the owner or
    
interest holder under penalty of perjury and must set forth:
            (A) the caption of the proceedings as set forth
        
on the notice of pending forfeiture and the name of the claimant;
            (B) the address at which the claimant will accept
        
mail;
            (C) the nature and extent of the claimant's
        
interest in the property;
            (D) the date, identity of transferor, and
        
circumstances of the claimant's acquisition of the interest in the property;
            (E) the name and address of all other persons
        
known to have an interest in the property;
            (F) all essential facts supporting each
        
assertion; and
            (G) the precise relief sought.
        (5) The answer must be filed with the court within 45
    
days after service of the civil in rem complaint.
        (6) The hearing must be held within 60 days after
    
filing of the answer unless continued for good cause.
        (7) The State shall show the existence of probable
    
cause for forfeiture of the property. If the State shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.
        (8) If the State does not show existence of probable
    
cause, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does show existence of probable cause, the court shall order all property forfeited to the State.
        (9) A defendant convicted in any criminal proceeding
    
is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.
        (10) An acquittal or dismissal in a criminal
    
proceeding does not preclude civil proceedings under this Article; however, for good cause shown, on a motion by the State's Attorney, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a money laundering violation. Such a stay shall not be available pending an appeal. Property subject to forfeiture under this Article shall not be subject to return or release by a court exercising jurisdiction over a criminal case involving the seizure of such property unless such return or release is consented to by the State's Attorney.
        (11) All property declared forfeited under this
    
Article vests in this State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited.
        (12) A civil action under this Article must be
    
commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.
    (m) Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence.
    (n) Settlement of claims. Notwithstanding other provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon such terms as are set out in writing in a settlement agreement.
    (o) Property constituting attorney fees. Nothing in this Article applies to property which constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly thereto where such property was paid before its seizure, before the issuance of any seizure warrant or court order prohibiting transfer of the property and where the attorney, at the time he or she received the property did not know that it was property subject to forfeiture under this Article.
    (p) Construction. It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies hereunder shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law.
    (q) Judicial review. If property has been declared forfeited under subsection (k) of this Section, any person who has an interest in the property declared forfeited may, within 30 days after the effective date of the notice of the declaration of forfeiture, file a claim and cost bond as described in paragraph (3) of subsection (k) of this Section. If a claim and cost bond is filed under this Section, then the procedures described in subsection (l) of this Section apply.
    (r) Burden of proof of exemption or exception. It is not necessary for the State to negate any exemption or exception in this Article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption or exception is upon the person claiming it.
    (s) Review of administrative decisions. All administrative findings, rulings, final determinations, findings, and conclusions of the State's Attorney's Office under this Article are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant to that Law. Pending final decision on such review, the administrative acts, orders, and rulings of the State's Attorney's Office remain in full force and effect unless modified or suspended by order of court pending final judicial decision. Pending final decision on such review, the acts, orders, and rulings of the State's Attorney's Office remain in full force and effect, unless stayed by order of court. However, no stay of any decision of the administrative agency shall issue unless the person aggrieved by the decision establishes by a preponderance of the evidence that good cause exists for the stay. In determining good cause, the court shall find that the aggrieved party has established a substantial likelihood of prevailing on the merits and that granting the stay will not have an injurious effect on the general public.
(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)

720 ILCS 5/Art. 29C

 
    (720 ILCS 5/Art. 29C heading)
ARTICLE 29C. INTERNATIONAL TERRORISM
(Repealed by P.A. 92-854, eff. 12-5-02)

720 ILCS 5/29C-5

    (720 ILCS 5/29C-5)
    Sec. 29C-5. (Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)

720 ILCS 5/29C-10

    (720 ILCS 5/29C-10)
    Sec. 29C-10. (Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)

720 ILCS 5/29C-15

    (720 ILCS 5/29C-15)
    Sec. 29C-15. (Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)

720 ILCS 5/Art. 29D

 
    (720 ILCS 5/Art. 29D heading)
ARTICLE 29D. TERRORISM

720 ILCS 5/29D-5

    (720 ILCS 5/29D-5)
    Sec. 29D-5. Legislative findings. The devastating consequences of the barbaric attacks on the World Trade Center and the Pentagon on September 11, 2001 underscore the compelling need for legislation that is specifically designed to combat the evils of terrorism. Terrorism is inconsistent with civilized society and cannot be tolerated.
    A comprehensive State law is urgently needed to complement federal laws in the fight against terrorism and to better protect all citizens against terrorist acts. Accordingly, the legislature finds that our laws must be strengthened to ensure that terrorists, as well as those who solicit or provide financial and other support to terrorists, are prosecuted and punished in State courts with appropriate severity. The legislature further finds that due to the grave nature and global reach of terrorism that a comprehensive law encompassing State criminal statutes and strong civil remedies is needed.
    An investigation may not be initiated or continued for activities protected by the First Amendment to the United States Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group.
(Source: P.A. 92-854, eff. 12-5-02.)

720 ILCS 5/29D-10

    (720 ILCS 5/29D-10)
    Sec. 29D-10. Definitions. As used in this Article, where not otherwise distinctly expressed or manifestly incompatible with the intent of this Article:
    (a) "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through communication facilities.
    (b) "Computer" means a device that accepts, processes, stores, retrieves, or outputs data, and includes, but is not limited to, auxiliary storage and telecommunications devices.
    (c) "Computer program" means a series of coded instruction or statements in a form acceptable to a computer which causes the computer to process data and supply the results of data processing.
    (d) "Data" means representations of information, knowledge, facts, concepts or instructions, including program documentation, that are prepared in a formalized manner and are stored or processed in or transmitted by a computer. Data may be in any form, including but not limited to magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer.
    (e) "Biological products used in or in connection with agricultural production" includes, but is not limited to, seeds, plants, and DNA of plants or animals altered for use in crop or livestock breeding or production or which are sold, intended, designed, or produced for use in crop production or livestock breeding or production.
    (f) "Agricultural products" means crops and livestock.
    (g) "Agricultural production" means the breeding and growing of livestock and crops.
    (g-5) "Animal feed" means an article that is intended for use for food for animals other than humans and that is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal.
    (g-10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act.
    (g-15) "Processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milling.
    (g-20) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
    (g-25) "Endangering the food supply" means to knowingly:
        (1) bring into this State any domestic animal that
    
is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease;
        (2) expose any animal in this State to any contagious
    
or infectious disease;
        (3) deliver any poultry that is infected with any
    
contagious or infectious disease to any poultry producer pursuant to a production contract;
        (4) except as permitted under the Insect Pest and
    
Plant Disease Act, bring or release into this State any insect pest or expose any plant to an insect pest; or
        (5) expose any raw agricultural commodity, animal
    
feed, or processed food to any contaminant or contagious or infectious disease.
    "Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
    (g-30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir or any water supply of a public utility that may occur inadvertently as part of the operation of a public utility or electrical generating station.
    (h) "Livestock" means animals bred or raised for human consumption.
    (i) "Crops" means plants raised for: (1) human consumption, (2) fruits that are intended for human consumption, (3) consumption by livestock, and (4) fruits that are intended for consumption by livestock.
    (j) "Communications systems" means any works, property, or material of any radio, telegraph, telephone, microwave, or cable line, station, or system.
    (k) "Substantial damage" means monetary damage greater than $100,000.
    (l) "Terrorist act" or "act of terrorism" means: (1) any act that is intended to cause or create a risk and does cause or create a risk of death or great bodily harm to one or more persons; (2) any act that disables or destroys the usefulness or operation of any communications system; (3) any act or any series of 2 or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by any industry, by any class of business, or by 5 or more businesses or by the federal government, State government, any unit of local government, a public utility, a manufacturer of pharmaceuticals, a national defense contractor, or a manufacturer of chemical or biological products used in or in connection with agricultural production; (4) any act that disables or causes substantial damage to or destruction of any structure or facility used in or used in connection with ground, air, or water transportation; the production or distribution of electricity, gas, oil, or other fuel (except for acts that occur inadvertently and as the result of operation of the facility that produces or distributes electricity, gas, oil, or other fuel); the treatment of sewage or the treatment or distribution of water; or controlling the flow of any body of water; (5) any act that causes substantial damage to or destruction of livestock or to crops or a series of 2 or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops; (6) any act that causes substantial damage to or destruction of any hospital or any building or facility used by the federal government, State government, any unit of local government or by a national defense contractor or by a public utility, a manufacturer of pharmaceuticals, a manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; (7) any act that causes substantial damage to any building containing 5 or more businesses of any type or to any building in which 10 or more people reside; (8) endangering the food supply; or (9) endangering the water supply.
    (m) "Terrorist" and "terrorist organization" means any person who engages or is about to engage in a terrorist act with the intent to intimidate or coerce a significant portion of a civilian population.
    (n) "Material support or resources" means currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, any other kind of physical assets or intangible property, and expert services or expert assistance.
    (o) "Person" has the meaning given in Section 2-15 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person.
    (p) "Render criminal assistance" means to do any of the following with the intent to prevent, hinder, or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he or she knows or believes has committed an offense under this Article or is being sought by law enforcement officials for the commission of an offense under this Article, or with the intent to assist a person in profiting or benefiting from the commission of an offense under this Article:
        (1) harbor or conceal the person;
        (2) warn the person of impending discovery or
    
apprehension;
        (3) provide the person with money, transportation, a
    
weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension;
        (4) prevent or obstruct, by means of force,
    
intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;
        (5) suppress, by any act of concealment, alteration,
    
or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;
        (6) aid the person to protect or expeditiously profit
    
from an advantage derived from the crime; or
        (7) provide expert services or expert assistance to
    
the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency.
(Source: P.A. 96-1028, eff. 1-1-11.)

720 ILCS 5/29D-14.9

    (720 ILCS 5/29D-14.9) (was 720 ILCS 5/29D-30)
    Sec. 29D-14.9. Terrorism.
    (a) A person commits the offense of terrorism when, with the intent to intimidate or coerce a significant portion of a civilian population:
        (1) he or she knowingly commits a terrorist act as
    
defined in Section 29D-10(1) of this Code within this State; or
        (2) he or she, while outside this State, knowingly
    
commits a terrorist act as defined in Section 29D-10(1) of this Code that takes effect within this State or produces substantial detrimental effects within this State.
    (b) Sentence. Terrorism is a Class X felony. If no deaths are caused by the terrorist act, the sentence shall be a term of 20 years to natural life imprisonment; if the terrorist act caused the death of one or more persons, however, a mandatory term of natural life imprisonment shall be the sentence if the death penalty is not imposed.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-15

    (720 ILCS 5/29D-15)
    Sec. 29D-15. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-15.1

    (720 ILCS 5/29D-15.1) (was 720 ILCS 5/20.5-5)
    Sec. 29D-15.1. Causing a catastrophe.
    (a) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by explosion, fire, flood, collapse of a building, or release of poison, radioactive material, bacteria, virus, or other dangerous and difficult to confine force or substance.
    (b) As used in this Section, "catastrophe" means serious physical injury to 5 or more persons, substantial damage to 5 or more buildings or inhabitable structures, or substantial damage to a vital public facility that seriously impairs its usefulness or operation; and "vital public facility" means a facility that is necessary to ensure or protect the public health, safety, or welfare, including, but not limited to, a hospital, a law enforcement agency, a fire department, a private or public utility company, a national defense contractor, a facility of the armed forces, or an emergency services agency.
    (c) Sentence. Causing a catastrophe is a Class X felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-15.2

    (720 ILCS 5/29D-15.2) (was 720 ILCS 5/20.5-6)
    Sec. 29D-15.2. Possession of a deadly substance.
    (a) A person commits the offense of possession of a deadly substance when he or she possesses, manufactures, or transports any poisonous gas, deadly biological or chemical contaminant or agent, or radioactive substance either with the intent to use that gas, biological or chemical contaminant or agent, or radioactive substance to commit a felony or with the knowledge that another person intends to use that gas, biological or chemical contaminant or agent, or radioactive substance to commit a felony.
    (b) Sentence. Possession of a deadly substance is a Class 1 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 4 years and not more than 30 years.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-20

    (720 ILCS 5/29D-20)
    Sec. 29D-20. Making a terrorist threat.
    (a) A person is guilty of making a terrorist threat when, with the intent to intimidate or coerce a significant portion of a civilian population, he or she in any manner knowingly threatens to commit or threatens to cause the commission of a terrorist act as defined in Section 29D-10(1) and thereby causes a reasonable expectation or fear of the imminent commission of a terrorist act as defined in Section 29D-10(1) or of another terrorist act as defined in Section 29D-10(1).
    (b) It is not a defense to a prosecution under this Section that at the time the defendant made the terrorist threat, unknown to the defendant, it was impossible to carry out the threat, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act.
    (c) Sentence. Making a terrorist threat is a Class X felony.
    (d) In addition to any other sentence that may be imposed, the court shall order any person convicted of making a terrorist threat involving a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 96-413, eff. 8-13-09.)

720 ILCS 5/29D-25

    (720 ILCS 5/29D-25)
    Sec. 29D-25. Falsely making a terrorist threat.
    (a) A person commits the offense of falsely making a terrorist threat when in any manner he or she knowingly makes a threat to commit or cause to be committed a terrorist act as defined in Section 29D-10(1) or otherwise knowingly creates the impression or belief that a terrorist act is about to be or has been committed, or in any manner knowingly makes a threat to commit or cause to be committed a catastrophe as defined in Section 29D-15.1 (720 ILCS 5/29D-15.1) of this Code that he or she knows is false.
    (b) Sentence. Falsely making a terrorist threat is a Class 1 felony.
    (c) In addition to any other sentence that may be imposed, the court shall order any person convicted of falsely making a terrorist threat, involving a threat that a bomb or explosive device has been placed in a school in which the offender knows that such bomb or explosive device was not placed in the school, to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 96-413, eff. 8-13-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)

720 ILCS 5/29D-29.9

    (720 ILCS 5/29D-29.9) (was 720 ILCS 5/29D-15)
    Sec. 29D-29.9. Material support for terrorism.
    (a) A person commits the offense of soliciting or providing material support for terrorism if he or she knowingly raises, solicits, collects, or provides material support or resources knowing that the material support or resources will be used, in whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for committing terrorism as defined in Section 29D-14.9 (720 ILCS 5/29D-14.9) or causing a catastrophe as defined in Section 29D-15.1 (720 ILCS 5/29D-15.1) of this Code, or who knows and intends that the material support or resources so raised, solicited, collected, or provided will be used in the commission of a terrorist act as defined in Section 29D-10(1) of this Code by an organization designated under 8 U.S.C. 1189, as amended. It is not an element of the offense that the defendant actually knows that an organization has been designated under 8 U.S.C. 1189, as amended.
    (b) Sentence. Soliciting or providing material support for terrorism is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-30

    (720 ILCS 5/29D-30)
    Sec. 29D-30. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-35

    (720 ILCS 5/29D-35)
    Sec. 29D-35. Hindering prosecution of terrorism.
    (a) A person commits the offense of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D-14.9 or caused a catastrophe as defined in Section 29D-15.1 of this Code when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe.
    (b) Hindering prosecution of terrorism is a Class X felony, the sentence for which shall be a term of 20 years to natural life imprisonment if no death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance and a mandatory term of natural life imprisonment if death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-35.1

    (720 ILCS 5/29D-35.1)
    Sec. 29D-35.1. Boarding or attempting to board an aircraft with weapon.
    (a) It is unlawful for any person to board or attempt to board any commercial or charter aircraft, knowingly having in his or her possession any firearm, explosive of any type, or other lethal or dangerous weapon.
    (b) This Section does not apply to any person authorized by either the federal government or any state government to carry firearms, but the person so exempted from the provisions of this Section shall notify the commander of any aircraft he or she is about to board that he or she does possess a firearm and show identification satisfactory to the aircraft commander that he or she is authorized to carry that firearm.
    (c) Any person purchasing a ticket to board any commercial or charter aircraft shall by that purchase consent to a search of his or her person or personal belongings by the company selling the ticket to him or her. The person may refuse to submit to a search of his or her person or personal belongings by the aircraft company, but the person refusing may be denied the right to board the commercial or charter aircraft at the discretion of the carrier. Such a refusal creates no inference of unlawful conduct.
    (d) Any evidence of criminal activity found during a search made pursuant to this Section shall be admissible in legal proceedings for the sole purpose of supporting a charge of violation of this Section and is inadmissible as evidence in any legal proceeding for any other purpose, except in the prosecution of offenses related to weapons as set out in Article 24 of this Code.
    (e) No action may be brought against any commercial or charter airline company operating in this State for the refusal of that company to permit a person to board any aircraft if that person refused to be searched as set out in subsection (c) of this Section.
    (f) Violation of this Section is a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/29D-40

    (720 ILCS 5/29D-40)
    Sec. 29D-40. Restitution. In addition to any other penalty that may be imposed, a court shall sentence any person convicted of any violation of this Article to pay all expenses incurred by the federal government, State government, or any unit of local government in responding to any violation and cleaning up following any violation.
(Source: P.A. 92-854, eff. 12-5-02.)

720 ILCS 5/29D-45

    (720 ILCS 5/29D-45)
    Sec. 29D-45. Limitations. A prosecution for any offense in this Article may be commenced at any time.
(Source: P.A. 92-854, eff. 12-5-02.)

720 ILCS 5/29D-60

    (720 ILCS 5/29D-60)
    Sec. 29D-60. Injunctive relief. Whenever it appears to the Attorney General or any State's Attorney that any person is engaged in, or is about to engage in, any act that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may initiate a civil action in the circuit court to enjoin the violation.
(Source: P.A. 92-854, eff. 12-5-02.)