(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she knowingly commits an act which was |
| prohibited by a court or fails to commit an act which was ordered by a court in violation of:
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(i) a remedy in a valid order of protection
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| authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986,
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(ii) a remedy, which is substantially similar to
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| the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,
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(iii) any other remedy when the act constitutes a
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| crime against the protected parties as the term protected parties is defined in Section 112A-4 of the Code of Criminal Procedure of 1963; and
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(2) Such violation occurs after the offender has been
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| served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
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An order of protection issued by a state, tribal or territorial
court
related to domestic or family violence shall be deemed valid if the issuing
court had jurisdiction over the parties and matter under the law of the state,
tribe or territory. There shall be a presumption of validity where an order is
certified and appears authentic on its face. For purposes of this Section, an "order of protection" may have been
issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity to be heard
shall
be an affirmative defense to any charge or process filed seeking enforcement of
a foreign order of protection.
(b) Nothing in this Section shall be construed to diminish the inherent
authority of the courts to enforce their lawful orders through civil or
criminal contempt proceedings.
(c) The limitations placed on law enforcement liability by Section 305 of
the Illinois Domestic Violence Act of 1986 apply to actions taken under this
Section.
(d) Violation of an order of protection is a Class A misdemeanor.
Violation of an order of protection is a
Class 4 felony if the defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2)
or violation of an order of protection (Section 12-3.4 or
12-30) or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as a domestic battery or violation of an order of protection. Violation of an order of protection is a Class 4 felony if the
defendant has any prior conviction under this Code for
first degree murder (Section 9-1), attempt to commit first degree murder
(Section 8-4), aggravated domestic battery (Section 12-3.3),
aggravated battery
(Section 12-3.05 or 12-4),
heinous battery (Section 12-4.1), aggravated battery with a firearm (Section
12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of
an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen
(Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual assault
(Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
unlawful restraint (Section 10-3), aggravated unlawful restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), aggravated discharge of a firearm
(Section 24-1.2), or a violation of any former law of this State that is substantially similar to any listed offense,
or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as one of the offenses listed in this Section, when any of these offenses have been committed against a family or
household member as defined in Section 112A-3 of the Code of Criminal Procedure
of 1963. The court shall impose a minimum penalty of 24 hours imprisonment for
defendant's second or subsequent violation of any order of protection; unless
the court explicitly finds that an increased penalty or such period of
imprisonment would be manifestly unjust. In addition to any other penalties,
the court may order the defendant to pay a fine as authorized under Section
5-9-1 of the Unified Code of Corrections or to make restitution to the victim
under Section 5-5-6 of the Unified Code of Corrections.
(e) (Blank).
(f) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(Source: P.A. 100-987, eff. 7-1-19 .)
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(720 ILCS 5/12-3.8) Sec. 12-3.8. Violation of a civil no contact order. (a) A person commits violation of a civil no contact order if: (1) he or she knowingly commits an act which was |
| prohibited by a court or fails to commit an act which was ordered in violation of:
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(A) a remedy of a valid civil no contact order
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| authorized under Section 213 of the Civil No Contact Order Act or Section 112A-14.5 of the Code of Criminal Procedure of 1963; or
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(B) a remedy, which is substantially similar to
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| the remedies authorized under Section 213 of the Civil No Contact Order Act or Section 112A-14.5 of the Code of Criminal Procedure of 1963, or in a valid civil no contact order, which is authorized under the laws of another state, tribe, or United States territory; and
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(2) the violation occurs after the offender has been
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| served notice of the contents of the order under the Civil No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, or any substantially similar statute of another state, tribe, or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
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A civil no contact order issued by a state, tribal, or territorial court shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory. There shall be a presumption of validity when an order is certified and appears authentic on its face.
(a-3) For purposes of this Section, a "civil no contact order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign civil no contact order.
(b) Prosecution for a violation of a civil no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.
(c) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
(d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(e) Sentence. A violation of a civil no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18 .)
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(720 ILCS 5/12-3.9) Sec. 12-3.9. Violation of a stalking no contact order. (a) A person commits violation of a stalking no contact order if: (1) he or she knowingly commits an act which was |
| prohibited by a court or fails to commit an act which was ordered by a court in violation of:
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(A) a remedy in a valid stalking no contact order
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| of protection authorized under Section 80 of the Stalking No Contact Order Act or Section 112A-14.7 of the Code of Criminal Procedure of 1963; or
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(B) a remedy, which is substantially similar to
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| the remedies authorized under Section 80 of the Stalking No Contact Order Act or Section 112A-14.7 of the Code of Criminal Procedure of 1963, or in a valid stalking no contact order, which is authorized under the laws of another state, tribe, or United States territory; and
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(2) the violation occurs after the offender has been
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| served notice of the contents of the order, under the Stalking No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, or any substantially similar statute of another state, tribe, or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
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A stalking no contact order issued by a state, tribal, or territorial court shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory. There shall be a presumption of validity when an order is certified and appears authentic on its face.
(a-3) For purposes of this Section, a "stalking no contact order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign stalking no contact order.
(b) Prosecution for a violation of a stalking no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.
(c) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
(d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(e) Sentence. A violation of a stalking no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18 .)
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(720 ILCS 5/12-4.4a) Sec. 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability. (a) Abuse or criminal neglect of a long term care facility resident. (1) A person or an owner or licensee commits abuse of |
| a long term care facility resident when he or she knowingly causes any physical or mental injury to, or commits any sexual offense in this Code against, a resident.
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(2) A person or an owner or licensee commits criminal
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| neglect of a long term care facility resident when he or she recklessly:
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(A) performs acts that cause a resident's life to
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| be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that a resident's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate;
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(B) fails to perform acts that he or she knows or
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| reasonably should know are necessary to maintain or preserve the life or health of a resident, and that failure causes the resident's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that a resident's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or
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(C) abandons a resident.
(3) A person or an owner or licensee commits neglect
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| of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative responsibilities.
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(b) Criminal abuse or neglect of an elderly person or person with a disability.
(1) A caregiver commits criminal abuse or neglect of
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| an elderly person or person with a disability when he or she knowingly does any of the following:
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(A) performs acts that cause the person's life to
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| be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
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(B) fails to perform acts that he or she knows or
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| reasonably should know are necessary to maintain or preserve the life or health of the person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
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(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
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| interferes with the personal liberty of the person; or
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(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect
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| of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.
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(c) Offense not applicable.
(1) Nothing in this Section applies to a physician
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| licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
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(2) Nothing in this Section imposes criminal
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| liability on a caregiver who made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his or her own was unable to provide such care.
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(3) Nothing in this Section applies to the medical
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| supervision, regulation, or control of the remedial care or treatment of residents in a long term care facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination as described in Section 3-803 of the Nursing Home Care Act, Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-803 of the ID/DD Community Care Act, or Section 3-803 of the MC/DD Act.
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(4) Nothing in this Section prohibits a caregiver
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| from providing treatment to an elderly person or person with a disability by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.
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(5) Nothing in this Section limits the remedies
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| available to the victim under the Illinois Domestic Violence Act of 1986.
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(d) Sentence.
(1) Long term care facility. Abuse of a long term
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| care facility resident is a Class 3 felony. Criminal neglect of a long term care facility resident is a Class 4 felony, unless it results in the resident's death in which case it is a Class 3 felony. Neglect of a long term care facility resident is a petty offense.
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(2) Caregiver. Criminal abuse or neglect of an
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| elderly person or person with a disability is a Class 3 felony, unless it results in the person's death in which case it is a Class 2 felony, and if imprisonment is imposed it shall be for a minimum term of 3 years and a maximum term of 14 years.
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(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.
"Caregiver" means a person who has a duty to provide for an elderly person or person with a disability's health and personal care, at the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following:
(1) A parent, spouse, adult child, or other relative
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| by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.
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(2) A person who is employed by the elderly person or
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| person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
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(3) A person who has agreed for consideration to
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| reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
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(4) A person who has been appointed by a private or
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| public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care.
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"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his or her profession.
"Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care.
"Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared Housing Act.
"Long term care facility" means a private home, institution, building, residence, or other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care, or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.
"Owner" means the owner of a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act.
"Person with a disability" means a person who suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder, or congenital condition, which renders the person incapable of adequately providing for his or her own health and personal care.
"Resident" means a person residing in a long term care facility.
"Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.
(Source: P.A. 103-293, eff. 1-1-24 .)
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