(720 ILCS 5/17-23)
Sec. 17-23.
(Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-24)
Sec. 17-24. Mail fraud and wire fraud.
(a) Mail fraud. A person commits mail fraud when he or she: (1) devises or intends to devise any scheme or | ||
| ||
(2) with the intent to execute such scheme or | ||
| ||
(A) Places in any post office or authorized | ||
| ||
(B) Deposits or causes to be deposited in this | ||
| ||
(C) Takes or receives from mail or from a private | ||
| ||
(D) Knowingly causes any such matter or thing to | ||
| ||
(b) Wire fraud. A person commits wire fraud when he or she:
(1) devises or intends to devise a scheme or artifice | ||
| ||
(2) for the purpose of executing the scheme or | ||
| ||
(A) from within this State;
or
(B) so that the transmission is received by a | ||
| ||
(C) so that the transmission may be accessed by a | ||
| ||
(c) Jurisdiction. (1) Mail fraud using a government or private carrier | ||
| ||
(2) Wire fraud occurs in the county from which a | ||
| ||
(d) Sentence. A violation of this Section is a Class 3 felony.
The period of limitations for prosecution of any offense defined in this
Section begins at the time when the last act in furtherance of the scheme or
artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-25)
Sec. 17-25. (Repealed).
(Source: P.A. 92-818, eff. 8-21-02. Repealed by P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/17-26)
Sec. 17-26. Misconduct by a corporate official.
(a) A person commits misconduct by a corporate official when:
(1) being a director of a corporation, he or she | ||
| ||
(A) making a dividend except in the manner | ||
| ||
(B) dividing, withdrawing or in any manner paying | ||
| ||
(C) discounting or receiving any note or other | ||
| ||
(D) receiving or discounting any note or other | ||
| ||
(E) applying any portion of the funds of such | ||
| ||
(2) being a director or officer of a corporation, he | ||
| ||
(A) issues, participates in issuing, or concurs | ||
| ||
(B) sells, or agrees to sell, or is directly | ||
| ||
(C) executes a scheme or attempts to execute a | ||
| ||
(3) being a director or officer of a corporation, he | ||
| ||
(A) causes or attempts to cause a corporation or | ||
| ||
(B) causes or attempts to cause a corporation or | ||
| ||
(b) Sentence. If the benefit derived from a violation of this Section is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the violation is a
Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-27)
Sec. 17-27. Fraud on creditors.
(a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or other person
entitled to administer property for the benefit of creditors, or that any other
composition or liquidation for the benefit of creditors has been or is about to
be made, he or she:
(1) destroys, removes, conceals, encumbers, | ||
| ||
(2) knowingly falsifies any writing or record | ||
| ||
(3) knowingly misrepresents or refuses to disclose to | ||
| ||
Sentence. If the benefit derived from a violation of this subsection (a) is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this subsection (a) is less than $500,000, the violation is a
Class 3 felony.
(b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-28) (This Section was renumbered as Section 17-57 by P.A. 96-1551.) Sec. 17-28. (Renumbered).
(Source: P.A. 93-691, eff. 7-9-04. Renumbered by P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-29) (This Section was renumbered as Section 17-10.2 by P.A. 96-1551.) Sec. 17-29. (Renumbered).
(Source: P.A. 97-396, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
Sec. 17-30. Defaced, altered, or removed manufacturer or owner identification number. (a) Unlawful sale of household appliances. A person commits unlawful
sale of household
appliances when he or she knowingly, with the intent to defraud or deceive
another, keeps for sale, within any commercial
context, any household appliance with a missing, defaced, obliterated, or
otherwise altered manufacturer's identification number.
(b) Construction equipment identification defacement. A person commits construction equipment identification defacement when he or she knowingly changes,
alters, removes, mutilates, or
obliterates a permanently affixed serial number, product identification number,
part number, component identification number, owner-applied identification,
or other mark of identification attached to or stamped, inscribed, molded,
or etched into a machine or other equipment, whether stationary or mobile
or self-propelled, or a part of such machine or equipment, used in the construction,
maintenance, or demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways, dams, airports,
or waterways or in material handling for such projects. The trier of fact may infer that the defendant has knowingly changed, altered, removed, or obliterated the serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification, if the defendant was in possession of any machine or other equipment or a part of such machine
or equipment used in the construction, maintenance, or demolition of buildings,
structures, bridges, tunnels, sewers, utility pipes or lines, ditches or
open cuts, roads, highways, dams, airports, or waterways or in material handling
for such projects upon which any such serial number, product identification
number, part number, component identification number, owner-applied identification
number, or other mark of identification has been changed, altered,
removed, or obliterated. (c) Defacement of manufacturer's serial number or identification mark. A person commits defacement of a manufacturer's serial number or identification mark when he or she knowingly removes, alters, defaces, covers, or destroys the
manufacturer's serial number or any other manufacturer's number or
distinguishing identification mark upon any machine or other article of
merchandise, other than a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act, with the intent of concealing or destroying the
identity of such machine or other article of merchandise. (d) Sentence. (1) A violation of subsection (a) of this Section is | ||
| ||
(2) A violation of subsection (b) of this Section is | ||
| ||
(3) A violation of subsection (c) of this Section is | ||
| ||
(e) No liability shall be imposed upon any person for the unintentional
failure to comply with subsection (a).
(f) Definitions. In this Section: "Commercial context" means a continuing business enterprise conducted
for profit by any person whose primary business is the wholesale or retail
marketing of household appliances, or a significant portion of whose business
or inventory consists of household appliances
kept or sold on a wholesale or retail basis. "Household appliance" means any gas or electric device or machine
marketed for use as home entertainment or for facilitating or expediting
household tasks or chores. The term shall include but not necessarily be
limited to refrigerators, freezers, ranges, radios, television sets, vacuum
cleaners, toasters, dishwashers, and other similar household items. "Manufacturer's identification number" means any serial number or
other similar numerical or alphabetical designation imprinted upon or attached
to or placed, stamped, or otherwise imprinted upon or attached to a household
appliance or item by the manufacturer for purposes of identifying a particular
appliance or item individually or by lot number. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/Art. 17, Subdiv. 25 heading) SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-31) Sec. 17-31. False statement to procure credit or debit card. A person commits false statement to procure credit or debit card when he or she makes or causes to be made, either directly or
indirectly, any false statement in writing, knowing it to be false and with
the intent that it be relied on, respecting his or her identity, his or her address, or his or her
employment, or that of any other person, firm, or corporation, with the intent to procure the issuance of a credit card or debit card. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-32) Sec. 17-32. Possession of another's credit, debit, or identification card. (a) Possession of another's identification card. A person commits possession of another's identification card when he or she, with the intent to defraud, possesses any
check guarantee card or key card or identification card for cash dispensing
machines without the authority of the account holder or financial
institution. (b) Possession of another's credit or debit card. A person commits possession of another's credit or debit card when he or she receives a credit card or debit card from the
person, possession, custody, or control of another without the cardholder's
consent or if he or she, with knowledge that it has been so acquired, receives the
credit card or debit card with the intent to use it or to sell it, or to
transfer it to a person other than the issuer or the cardholder. The trier of fact may infer that a person who has in his or her possession
or under his or her
control 2 or more such credit cards or debit cards each issued to a cardholder other than himself or herself has violated this Section. (c) Sentence. (1) A violation of subsection (a) of this Section is | ||
| ||
(2) A violation of subsection (b) of this Section is | ||
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-33) Sec. 17-33. Possession of lost or mislaid credit or debit card. A person who receives a credit card or debit card that he or she
knows to have been lost or mislaid and who retains possession with intent
to use it or to sell it or to transfer it to a person other than the issuer
or the cardholder is guilty of a Class 4 felony. A person who, in a single transaction, violates this Section with
respect to 3 or more credit cards or debit cards each issued to
different cardholders other than himself or herself is guilty of a Class
3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-34) Sec. 17-34. Sale of credit or debit card. A person other than the issuer who sells a credit card or
debit card, without the consent of the issuer, is guilty of a Class
4 felony. A person who knowingly purchases a credit card or debit card from a person
other than the issuer, without the consent of the issuer, is guilty of a
Class 4 felony. A person who, in a single transaction, makes a sale or purchase
prohibited by this Section with respect to 3 or more credit cards or
debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-35) Sec. 17-35. Use of credit or debit card as security for debt. A person who, with intent to defraud either the issuer, or a
person providing an item or items of
value, or any other person, obtains control over a credit card or debit
card as security for debt or transfers, conveys, or gives control over a
credit card or debit card as security for debt is guilty of a Class 4
felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-36) Sec. 17-36. Use of counterfeited, forged, expired, revoked, or unissued credit or debit card. A person who, with intent to defraud either the issuer, or a person
providing an item or items of value, or
any other person, (i) uses, with the intent to obtain an item or items of value, a credit card or debit
card obtained or retained in violation of this Subdivision 25 or without the
cardholder's consent, or a credit card or debit card which he or she knows is
counterfeited, or forged, or expired, or revoked or (ii) obtains or
attempts to obtain an item or items
of value by representing without the consent of the cardholder that he or she is
the holder of a specified card or by representing that he or she is the holder of a
card and such card has not in fact been issued is guilty of a Class
4 felony if the value of all items of value obtained or sought in violation of this
Section does not exceed $300 in any 6-month period; and is guilty of a
Class 3 felony if the value exceeds $300 in any 6-month period.
The trier of fact may infer that knowledge of revocation
has been received by a cardholder 4 days after it has
been mailed to him or her at the address set forth on the credit card or debit
card or at his or her last known address by registered or certified mail, return
receipt requested, and, if the address is more than 500 miles from the
place of mailing, by air mail. The trier of fact may infer that notice was received 10 days after mailing by registered or certified mail if the address is located outside the United
States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-37) Sec. 17-37. Use of credit or debit card with intent to defraud. (a) A cardholder who uses a credit card or debit card issued to
him or her, or allows another person to use a credit card or debit card issued
to him or her, with intent to defraud the
issuer, or a person providing an item or items of value, or any other person is guilty of a Class A
misdemeanor if the value of all items of value does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if the value exceeds $150 in
any 6-month period.
(b) Where an investigation into an intent to defraud under subsection (a) occurs, issuers shall consider a merchant's timely submission of compelling evidence under the applicable dispute management guidelines of the card association with whom the merchant maintains an agreement. A merchant shall comply with merchant responsibilities under any such agreement. (Source: P.A. 102-757, eff. 5-13-22.) |
(720 ILCS 5/17-38) Sec. 17-38. Use of account number or code with intent to defraud; possession of record of charge forms. (a) A person who, with intent to defraud either an issuer, or a person
providing an item or items of value, or
any other person, utilizes an account number or code or enters
information on a record of charge form with the intent to obtain an item or items of
value is guilty of a Class 4 felony if the value of
the item or items of value obtained does not exceed $150
in any 6-month period; and is guilty of a Class 3 felony if the
value exceeds
$150 in any 6-month period. (b) A person who, with intent to defraud either an issuer or a person
providing an item or items of value, or
any other person, possesses, without the consent of the issuer or purported
issuer, record of charge forms bearing the printed impression of a credit
card or debit card is guilty of a Class 4 felony.
The trier of fact may infer intent to defraud from the possession of such record of
charge forms by a person other than the issuer or a person authorized by
the issuer to possess record of charge forms.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-39) Sec. 17-39. Receipt of goods or services. A person who receives an item or items
of value obtained in violation of this Subdivision 25, knowing that it was so obtained
or under such circumstances as would reasonably induce him or her to believe that
it was so obtained, is guilty of a Class A misdemeanor if the value of all
items of value obtained does
not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if
the value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-40) Sec. 17-40. Signing another's card with intent to defraud. A person other than the cardholder or a person authorized by him
or her who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person,
signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-41) Sec. 17-41. Altered or counterfeited card. (a) A person commits an offense under this Section when he or she, with intent to defraud either a purported issuer, or a
person providing an item or items of
value, or any other person, commits an offense under this Section if he or she: (i) alters a credit card or debit card or a
purported credit card or debit
card, or possesses a credit card or debit card or a purported credit card or debit
card with knowledge
that the same has been altered; or (ii) counterfeits a purported credit card or debit
card, or possesses a purported credit card or debit card with knowledge
that the card has been counterfeited. (b) Sentence. A violation of item (i) of subsection (a) is a Class 4 felony.
A violation of item (ii) of subsection (a) is a Class 3 felony.
The trier of fact may infer that
possession of 2 or more credit cards or debit cards by a person other than the issuer
in violation of subsection (a) is evidence that the person intended to
defraud or that he or she knew the credit cards or debit cards to have been so altered or counterfeited.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-42) Sec. 17-42. Possession of incomplete card. A person other than the cardholder possessing an incomplete
credit card or debit card, with intent to complete it without the
consent of the issuer or a person possessing, with knowledge of its
character, machinery, plates, or any other contrivance designed to reproduce
instruments purporting to be credit cards or debit cards of an issuer
who has not consented to the preparation of such credit cards or debit
cards is guilty of a Class 3 felony.
The trier of fact may infer that a person other than the cardholder or issuer who
possesses 2 or more incomplete credit cards or debit cards possesses those cards without the consent of the issuer.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-43) Sec. 17-43. Prohibited deposits. (a) A person who, with intent to
defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person,
deposits into his or her account or any account, via an electronic fund transfer
terminal, a check, draft, money order, or other such document, knowing
such document to be false, fictitious, forged, altered, counterfeit, or not
his or her lawful or legal property, is guilty of
a Class 4 felony. (b) A person who receives value as a result of a false, fictitious,
forged, altered, or counterfeit check, draft, money order, or other
such document having been deposited into an account via an electronic fund
transfer terminal, knowing at the time of receipt of the value that the
document so deposited was false, fictitious, forged, altered, counterfeit,
or not his or her lawful or legal property, is
guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-44) Sec. 17-44. Fraudulent use of electronic transmission. (a) A person
who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other
person, intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates electronic
information to an electronic fund transfer terminal or to the issuer, via
any line, wire, or other means of electronic transmission, at any
junction, terminal, or device, or at any location within the EFT System,
with the intent to obtain value, is
guilty of a Class 4 felony. (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or
any other person, intercepts, taps, or alters electronic information
between an electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal or to the
issuer, via any line, wire, or other means of electronic transmission, at
any junction, terminal, or device, or at any location within the EFT System,
and thereby causes funds to be transferred from one account to any other
account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-45) Sec. 17-45. Payment of charges without furnishing item of value. (a) No person shall process, deposit, negotiate, or obtain payment of a
credit card charge through a retail seller's account with a financial
institution or through a retail seller's agreement with a financial
institution, card issuer, or organization of financial institutions or card
issuers if that retail seller did not furnish or agree to furnish the
item or items of value that are the subject of the credit
card charge. (b) No retail seller shall permit any person to process, deposit,
negotiate, or obtain payment of a credit card charge through the retail
seller's account with a financial institution or the retail seller's
agreement with a financial institution, card issuer, or
organization of financial institutions or card issuers if that retail
seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge. (c) Subsections (a) and (b) do not apply to any of the following: (1) A person who furnishes goods or services on the | ||
| ||
(2) A general merchandise retail seller who permits a | ||
| ||
(3) A franchisee who furnishes the cardholder with an | ||
| ||
(4) A franchisor who permits a franchisee described | ||
| ||
(5) The credit card issuer or a financial institution | ||
| ||
(6) A person who processes, deposits, negotiates, or | ||
| ||
(7) A telecommunications carrier that includes | ||
| ||
(d) A person injured by a violation of this Section may bring an
action for the recovery of damages, equitable relief, and reasonable
attorney's fees and costs. (e) A person who violates this Section is guilty of a business offense
and shall be fined $10,000 for each offense.
Each occurrence in which a person processes, deposits, negotiates, or
otherwise seeks to obtain payment of a credit card charge in violation of
subsection (a) constitutes a separate offense. (f) The penalties and remedies provided in this Section are in addition
to any other remedies or penalties provided by law. (g) As used in this Section: "Franchisor" and "franchisee" have the same meanings as in Section
3 of the Franchise Disclosure Act of 1987. "Retail seller" has the same meaning as in Section 2.4 of the
Retail Installment Sales Act. "Telecommunications carrier" has the same meaning as in Section
13-202 of the Public Utilities Act.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-46)
Sec. 17-46. Furnishing items of value with intent to defraud. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, furnishes
money, goods, property, services or anything else of value upon
presentation of a credit card or debit card obtained or retained in
violation of this Code or a credit card or debit card which
he knows is counterfeited, or forged, or expired, or revoked is guilty of a
Class A misdemeanor, if the value furnished in violation
of this Section does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if such value exceeds $150
in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-47)
Sec. 17-47. Failure to furnish items of value. A person who is authorized by an issuer to furnish money, goods,
property, services or anything else of value upon presentation of a credit
card or debit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer or the cardholder, fails to
furnish money, goods, property, services or anything else of value which he
represents in writing to the issuer that he has furnished is guilty of a
Class A misdemeanor if the difference between the value of
all money, goods, property, services and anything else of value actually
furnished and the value represented to the issuer to have been furnished
does not exceed $150 in any 6-month period; and is guilty of a
Class 4 felony if such difference exceeds $150 in any 6-month
period.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-48) Sec. 17-48. Repeat offenses. Any person convicted of a second or subsequent offense under
this Subdivision 25 is guilty of a Class 3 felony. For purposes of this Section, an offense is considered a second or
subsequent offense if, prior to his or her conviction of the offense, the offender
has at any time been convicted under this Subdivision 25, or under any prior Act, or under
any law of the United States or of any state relating to credit card or debit card
offenses.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-49) Sec. 17-49. Severability. If any provision of this Subdivision 25 or its application to any person or
circumstances is held invalid, the invalidity shall not affect other
provisions or applications of this Subdivision 25 which can be given effect without the
invalid provision or application, and to this end the provisions of this
Subdivision 25 are declared to be severable.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-49.5) Sec. 17-49.5. Telephone Charge Fraud Act unaffected. Nothing contained in this Subdivision 25 shall be construed to repeal, amend, or
otherwise affect the Telephone Charge Fraud Act.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/Art. 17, Subdiv. 30 heading) SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
Sec. 17-50. Computer fraud. (a) A person commits computer
fraud when he or she knowingly:
(1) Accesses or causes to be accessed a computer or | ||
| ||
(2) Obtains use of, damages, or destroys a computer | ||
| ||
(3) Accesses or causes to be accessed a computer or | ||
| ||
(b) Sentence. (1) A violation of subdivision (a)(1) of this Section | ||
| ||
(2) A violation of subdivision (a)(2) of this Section | ||
| ||
(3) A violation of subdivision (a)(3) of this Section:
(i) is a Class 4 felony if the value of the | ||
| ||
(ii) is a Class 3 felony if the value of the | ||
| ||
(iii) is a Class 2 felony if the value of the | ||
| ||
(c) Forfeiture of property. Any person who commits computer
fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits
computer tampering when he or she knowingly and without the authorization of a
computer's owner or in excess of
the authority granted to him or her:
(1) Accesses or causes to be accessed a computer or | ||
| ||
(2) Accesses or causes to be accessed a computer or | ||
| ||
(3) Accesses or causes to be accessed a computer or | ||
| ||
(4) Inserts or attempts to insert a program into a | ||
| ||
(A) damage or destroy that computer, or any other | ||
| ||
(B) alter, delete, or remove a computer program | ||
| ||
(C) cause loss to the users of that computer or | ||
| ||
(5) Falsifies or forges electronic mail transmission | ||
| ||
(a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which:
(1) is primarily designed or produced for the purpose | ||
| ||
(2) has only a limited commercially significant | ||
| ||
(3) is marketed by that person or another acting in | ||
| ||
(a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a
computer's owner if: (1) the owner authorizes patrons, customers, or | ||
| ||
(2) the owner authorizes the public to access the | ||
| ||
(3) the person accesses the computer network in | ||
| ||
(b) Sentence.
(1) A person who commits computer tampering as set | ||
| ||
(2) A person who commits computer tampering as set | ||
| ||
(3) A person who commits computer tampering as set | ||
| ||
(4) If an injury arises from the transmission of | ||
| ||
(5) If an injury arises from the transmission of | ||
| ||
(6) The provisions of this Section shall not be | ||
| ||
(c) Whoever suffers loss by reason of a violation of subdivision (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)
|
(720 ILCS 5/17-52) (was 720 ILCS 5/16D-4)
Sec. 17-52. Aggravated computer tampering. (a) A person commits
aggravated computer tampering when he or she commits computer
tampering as set forth in paragraph (a)(3) of Section 17-51 and he or she knowingly:
(1) causes disruption of or interference with vital | ||
| ||
(2) creates a strong probability of death or great | ||
| ||
(b) Sentence. (1) A person who commits aggravated computer | ||
| ||
(2) A person who commits aggravated computer | ||
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) Sec. 17-52.5. Unlawful use of encryption. (a) For the purpose of this Section: "Computer" has the meaning ascribed to the term in | ||
| ||
"Encryption" means the use of any protective or | ||
| ||
"Network" means a set of related, remotely connected | ||
| ||
"Program" means an ordered set of data representing | ||
| ||
"System" means a set of related equipment, whether or | ||
| ||
(b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to: (1) commit, facilitate, further, or promote any | ||
| ||
(2) aid, assist, or encourage another person to | ||
| ||
(3) conceal evidence of the commission of any | ||
| ||
(4) conceal or protect the identity of a person who | ||
| ||
(c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section. (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense. (e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 101-87, eff. 1-1-20 .) |
(720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
Sec. 17-54. Evidence of lack of authority. For the purposes of Sections 17-50 through 17-52, the trier of fact may infer that a person accessed a computer without the authorization of its owner or in excess of the authority granted if the person accesses or causes to be accessed a computer, which access
requires a confidential or proprietary code which has not been issued to or
authorized for use by that person. This Section does not apply to a person who acquires access in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
(Source: P.A. 99-775, eff. 8-12-16.)
|
(720 ILCS 5/17-55) Sec. 17-55. Definitions. For the purposes of this subdivision 30: In addition to its meaning as defined in Section 15-1 of this Code,
"property" means: (1) electronic impulses;
(2) electronically produced data; (3) confidential, copyrighted, or proprietary
information; (4) private identification codes or numbers which permit access to
a computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic fund
transfers; (5) software or programs in either machine or human readable
form; or (6) any other tangible or intangible item relating to a computer
or any part thereof. "Access" means to use, instruct, communicate with, store data
in, retrieve or intercept data from, or otherwise utilize any services
of, a computer, a network, or data. "Services" includes but is not limited to computer time, data
manipulation, or storage functions. "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private
and public utility companies, or law enforcement agencies.
(Source: P.A. 101-87, eff. 1-1-20 .) |
(720 ILCS 5/Art. 17, Subdiv. 35 heading) SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3) Sec. 17-56. Financial exploitation of an elderly person or a person with a disability. (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly: (1) by deception or intimidation obtains control over | ||
| ||
(2) illegally uses the assets or resources of an | ||
| ||
(b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more. (c) For purposes of this Section: (1) "Elderly person" means a person 60 years of age | ||
| ||
(2) "Person with a disability" means a person who | ||
| ||
(3) "Intimidation" means the communication to an | ||
| ||
(4) "Deception" means, in addition to its meaning as | ||
| ||
The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust. (d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986. (e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance. (f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent. (g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. (h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence. (Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24 .) |
(720 ILCS 5/17-57) (was 720 ILCS 5/17-28) Sec. 17-57. Defrauding drug and alcohol screening tests. (a) It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or | ||
| ||
(2) substitute or spike a sample or advertise a | ||
| ||
(3) adulterate synthetic or human substances with the | ||
| ||
(4) manufacture, sell, or possess adulterants that | ||
| ||
(b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products. (c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000. (d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-58)
(was 720 ILCS 5/17-16)
Sec. 17-58. Fraudulent production of infant. A person
who fraudulently produces an infant, falsely
pretending it to have been born of parents whose child would be entitled to a
share of a personal estate, or to inherit real estate, with
the intent of intercepting the inheritance of the real estate,
or the distribution of the personal property from a person lawfully entitled to
the personal property,
is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-59) (was 720 ILCS 5/39-1)
Sec. 17-59. Criminal
usury.
(a) A person commits criminal usury when, in exchange for either a
loan of money or other property or forbearance from the collection of such
a loan, he or she knowingly contracts for or receives from an individual, directly
or indirectly, interest, discount, or other consideration at a rate greater
than 20% per annum either before or after the maturity of the loan.
(b) When a person has in his or her personal or constructive possession
records, memoranda, or other documentary record of usurious loans, the trier of fact may infer that he or she has violated subsection (a) of this Section.
(c) Sentence. Criminal usury is a Class 4 felony. (d) Non-application to licensed persons. This Section does not apply to any loan authorized to be made by any
person licensed under the Consumer Installment Loan Act or to any loan permitted by
Sections 4, 4.2 and 4a of the Interest Act or by any other
law of this State. (Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-60) (was 720 ILCS 5/17-7)
Sec. 17-60. Promotion of pyramid sales schemes. (a) A person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme commits a Class A misdemeanor. (b) The term "pyramid
sales scheme" means any plan or operation whereby a person, in exchange
for money or other thing of value, acquires the opportunity to receive a
benefit or thing of value, which is primarily based upon the inducement
of additional persons, by himself or others, regardless of number, to participate
in the same plan or operation and is not primarily contingent on the volume
or quantity of goods, services, or other property sold or distributed or
to be sold or distributed to persons for purposes of resale to consumers.
For purposes of this subsection, "money or other thing of value" shall not
include payments
made for sales demonstration equipment and materials furnished on a nonprofit
basis for use in making sales and not for resale.
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-61)
Sec. 17-61. Unauthorized use of university stationery. (a) No person, firm or corporation shall use the official stationery or
seal or a facsimile thereof, of any State supported university, college or
other institution of higher education or any organization thereof unless
approved in writing in advance by the university, college or institution of
higher education affected, for any private promotional scheme wherein it is
made to appear that the organization or university, college or other
institution of higher education is endorsing the private promotional
scheme. (b) A violation of this Section is a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-62) Sec. 17-62. Unlawful possession of device for manufacturing a false universal price code label. It is unlawful for a person to knowingly possess a device the purpose of which is to manufacture a false, counterfeit, altered, or simulated universal price code label. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/Art. 17A heading) ARTICLE 17A.
DISQUALIFICATION FOR STATE BENEFITS
(Repealed) (Article repealed by P.A. 96-1551, eff. 7-1-11)
|
(720 ILCS 5/Art. 17B heading)
ARTICLE 17B.
WIC FRAUD
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)
|
(720 ILCS 5/Art. 18 heading) ARTICLE 18.
ROBBERY
|
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery; aggravated robbery.
(a) Robbery. A person commits robbery when he or she knowingly takes property, except a
motor vehicle covered by Section 18-3 or 18-4,
from the person or presence of another by the use of force or by
threatening the imminent use of force.
(b) Aggravated robbery. (1) A person commits aggravated robbery when he or | ||
| ||
(2) A person commits aggravated robbery when he or | ||
| ||
(c) Sentence.
Robbery is a Class 2 felony, unless the victim is 60 years of age
or over or is a person with a physical disability, or the robbery is
committed
in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
(d) Regarding penalties prescribed in subsection
(c) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether
children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 99-143, eff. 7-27-15.)
|
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2.
Armed robbery.
(a) A person commits armed robbery when he or she violates Section 18-1;
and
(1) he or she carries on or about his or her person | ||
| ||
(2) he or she carries on or about his or her person | ||
| ||
(3) he or she, during the commission of the offense, | ||
| ||
(4) he or she, during the commission of the offense, | ||
| ||
(b) Sentence.
Armed robbery
in violation of subsection (a)(1)
is a Class X felony.
A violation of subsection (a)(2) is a Class X felony for which 15 years shall
be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(3) is a Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court. A violation of subsection (a)(4) is
a Class X felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 91-404, eff. 1-1-00 .)
|
(720 ILCS 5/18-3)
Sec. 18-3. Vehicular hijacking.
(a) A person commits vehicular hijacking when he or she knowingly takes a motor
vehicle from the person or the immediate presence of another by the use of
force or by threatening the imminent use of force.
(b) Sentence. Vehicular hijacking is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or she violates
Section 18-3; and
(1) the person from whose immediate presence the | ||
| ||
(2) a person under 16 years of age is a passenger in | ||
| ||
(3) he or she carries on or about his or her person, | ||
| ||
(4) he or she carries on or about his or her person | ||
| ||
(5) he or she, during the commission of the offense, | ||
| ||
(6) he or she, during the commission of the offense, | ||
| ||
(b) Sentence. Aggravated vehicular hijacking in violation of subsections
(a)(1) or (a)(2) is a Class X felony.
A violation of subsection (a)(3) is a Class X
felony for which a term of imprisonment of not less than 7 years shall be
imposed.
A violation of subsection (a)(4) is a Class X
felony for which 15 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(5) is
a Class X felony for which 20 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection
(a)(6) is a Class X felony for which 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 99-143, eff. 7-27-15.)
|
(720 ILCS 5/18-5)
Sec. 18-5.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/18-6) (was 720 ILCS 5/12-11.1)
Sec. 18-6. Vehicular invasion.
(a) A person commits vehicular
invasion when he or she knowingly, by force and without lawful justification,
enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another
person or persons, with the intent to commit therein a theft or felony.
(b) Sentence. Vehicular invasion is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/Art. 19 heading) ARTICLE 19.
BURGLARY
|
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters
or without authority remains within a building, housetrailer, watercraft,
aircraft, motor vehicle, railroad
car, freight container, or any part thereof, with intent to commit therein a felony or theft.
This offense shall not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of
worship is a
Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
(c) Regarding penalties prescribed in subsection
(b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant. (Source: P.A. 102-546, eff. 1-1-22 .)
|
(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
Sec. 19-2. Possession of burglary tools.
(a) A person commits
possession of burglary tools when he
or she possesses any key, tool, instrument, device, or any explosive, suitable for
use in breaking into a building, housetrailer, watercraft, aircraft, motor
vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part thereof,
with intent to enter that place and with intent to commit therein a
felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey. (a-5) A person also commits possession of burglary tools when he or she, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use | ||
| ||
(2) capture or duplicate a signal from the key fob | ||
| ||
(b) Sentence. Possession of burglary tools is a Class 4
felony.
(Source: P.A. 102-903, eff. 1-1-23 .)
|
(720 ILCS 5/19-2.5) Sec. 19-2.5. Unlawful sale of burglary tools. (a) For the purposes of this Section: "Lock bumping" means a lock picking technique for | ||
| ||
"Motor vehicle" has the meaning ascribed to it in the | ||
| ||
(b) A person commits
the offense of unlawful sale of burglary tools when he
or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any
depository designed for the safekeeping of property, or any part of that property. (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card. (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony.
(Source: P.A. 96-1307, eff. 1-1-11.) |
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3) Sec. 19-3. Residential burglary. (a) A person commits
residential burglary when he or she knowingly and without authority enters or knowingly
and without authority remains within the
dwelling place of another, or any part thereof, with the intent to commit
therein a felony or theft. This offense includes the offense of
burglary as defined in Section 19-1. (a-5) A person commits
residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit
therein a felony or theft or to facilitate the commission therein of a felony or theft by another. (b) Sentence. Residential burglary is a Class 1 felony. (Source: P.A. 96-1113, eff. 1-1-11; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits criminal trespass to a residence when, without authority, he
or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
(2) A person commits criminal trespass to a residence when,
without authority, he or she knowingly enters the residence of another and
knows or has
reason to know that one or more persons is present or he or she knowingly
enters the
residence of another and remains in the residence after he or she knows or has
reason to
know that one or more persons is present.
(a-5) For purposes of this Section, in the case of a multi-unit
residential building
or complex, "residence" shall only include the portion of the building or
complex which is the actual dwelling place of any person and shall not include
such places as common recreational areas or lobbies.
(b) Sentence.
(1) Criminal trespass to a residence under paragraph | ||
| ||
(2) Criminal trespass to a residence under paragraph | ||
| ||
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
|
(720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
Sec. 19-5. Criminal fortification of a residence or building. (a) A
person commits criminal fortification of a residence or
building when, with the intent to prevent the lawful entry of a law
enforcement officer or another, he or she maintains a residence or building in a
fortified condition, knowing that the residence or building is used for the unlawful
manufacture, storage with intent to deliver or manufacture, delivery, or trafficking of cannabis, controlled
substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) "Fortified condition" means preventing or impeding entry through the
use of steel doors, wooden planking, crossbars, alarm systems, dogs, video surveillance, motion sensing devices, booby traps, or
other similar means. If video surveillance is the sole component of the fortified condition, the video surveillance must be with the intent to alert an occupant to the presence of a law enforcement officer for the purpose of interfering with the official duties of a law enforcement officer, allowing removal or destruction of evidence, or facilitating the infliction of harm to a law enforcement officer. For the purposes of this Section, "booby trap" means any device, including but not limited to any explosive device, designed to cause physical injury or the destruction of evidence, when triggered by an act of a person approaching, entering, or moving through a structure.
(c) Sentence. Criminal fortification of a residence or building is a
Class 3 felony.
(d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act.
(Source: P.A. 98-897, eff. 1-1-15 .)
|
(720 ILCS 5/19-6) (was 720 ILCS 5/12-11) Sec. 19-6. Home Invasion. (a) A person who is not a peace officer acting
in the line of duty commits home invasion when
without authority he or she knowingly enters the dwelling place of another when
he or she knows or has reason to know that one or more persons is present
or he or she knowingly enters the dwelling place of another and remains
in the dwelling place until he or she knows or has reason to know that one
or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and (1) While armed with a dangerous weapon, other than a | ||
| ||
(2) Intentionally causes any injury, except as | ||
| ||
(3) While armed with a firearm uses force or | ||
| ||
(4) Uses force or threatens the imminent use of force | ||
| ||
(5) Personally discharges a firearm that proximately | ||
| ||
(6) Commits, against any person or persons within | ||
| ||
(b) It is an affirmative defense to a charge of home invasion that
the accused who knowingly enters the dwelling place of another and remains
in the dwelling place until he or she knows or has reason to know that one
or more persons is present either immediately leaves the premises or
surrenders to the person or persons lawfully present therein without either
attempting to cause or causing serious bodily injury to any person present
therein. (c) Sentence. Home invasion in violation of subsection (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of subsection (a)(3) is a Class X felony for
which 15 years shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(4) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(5) is a Class X felony for which 25 years or up to a term of
natural life shall be added to the term of imprisonment imposed by the court. (d) For purposes of this Section, "dwelling place of another" includes
a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has been barred by a
divorce decree, judgment of dissolution of marriage, order of protection, or
other court order. (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(720 ILCS 5/Art. 20 heading) ARTICLE 20.
ARSON
|
(720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
Sec. 20-1. Arson; residential arson; place of worship arson.
(a) A person commits arson when, by means of fire or explosive, he or she
knowingly:
(1) Damages any real property, or any personal | ||
| ||
(2) With intent to defraud an insurer, damages any | ||
| ||
Property "of another" means a building or other property, whether real
or personal, in which a person other than the offender has an interest
which the offender has no authority to defeat or impair, even though the
offender may also have an interest in the building or property.
(b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another. (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship. (c) Sentence.
Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
Sec. 20-1.1. Aggravated Arson.
(a) A person commits
aggravated arson when in the course of committing arson he or she
knowingly
damages, partially or totally, any building or
structure, including any adjacent building or
structure, including all or any part of a school building, house trailer,
watercraft, motor
vehicle, or railroad car, and (1) he knows or reasonably should know that
one or
more persons are present therein or (2) any person suffers
great bodily harm, or permanent disability or disfigurement
as a result of the fire or explosion or (3) a fireman,
policeman, or correctional officer who is present at the scene acting in the line
of duty is injured as a result of the fire or explosion.
For purposes of this Section, property "of another" means a building or
other
property,
whether real or personal, in which a person other than the offender has an
interest that
the offender has no authority to defeat or impair, even though the offender may
also have
an interest in the building or property; and "school building"
means any public or private preschool, elementary or secondary school,
community college, college, or university.
(b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05; 94-393, eff. 8-1-05.)
|
(720 ILCS 5/20-1.2)
Sec. 20-1.2.
(Repealed).
(Source: P.A. 90-787, eff. 8-14-98. Repealed by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/20-1.3)
Sec. 20-1.3.
(Repealed).
(Source: P.A. 93-169, eff. 7-10-03. Repealed by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/20-1.4)
Sec. 20-1.4. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005 .)
|
(720 ILCS 5/20-1.5)
Sec. 20-1.5. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)
|
(720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
Sec. 20-2. Possession of explosives or explosive or incendiary devices.
(a) A person commits possession of explosives or
explosive or incendiary devices in violation of this Section when he or she
possesses, manufactures or transports
any explosive compound, timing or detonating device for use with any explosive
compound or incendiary device
and either intends to use the explosive or device to commit any offense or
knows that another intends to use the explosive or device to commit a
felony.
(b) Sentence.
Possession of explosives or explosive or incendiary devices is a Class 1 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to not less than 4
years and not more than 30 years.
(c) (Blank).
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/Art. 20.5 heading) ARTICLE 20.5.
CAUSING A CATASTROPHE; DEADLY SUBSTANCES
|
(720 ILCS 5/20.5-5)
Sec. 20.5-5.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/20.5-6)
Sec. 20.5-6.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/Art. 21 heading) ARTICLE 21.
DAMAGE AND TRESPASS TO PROPERTY
|
(720 ILCS 5/Art. 21, Subdiv. 1 heading) SUBDIVISION 1. DAMAGE TO PROPERTY
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages | ||
| ||
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another | ||
| ||
(5) knowingly deposits on the land or in the building | ||
| ||
(6) knowingly damages any property, other than as | ||
| ||
(7) knowingly shoots a firearm at any portion of a | ||
| ||
(8) knowingly, without proper authorization, cuts, | ||
| ||
(9) intentionally, without proper authorization, | ||
| ||
(b) When the charge of criminal damage to property exceeding a specified
value is brought, the extent of the damage is an element of the offense to
be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
(d) Sentence. (1) A violation of subsection (a) shall have the | ||
| ||
(A) A violation of paragraph (8) or (9) is a | ||
| ||
(B) A violation of paragraph (1), (2), (3), (5), | ||
| ||
(C) A violation of paragraph (1), (2), (3), (5), | ||
| ||
(D) A violation of paragraph (4) is a Class 4 | ||
| ||
(E) A violation of paragraph (7) is a Class 4 | ||
| ||
(F) A violation of paragraph (1), (2), (3), (5) | ||
| ||
(G) A violation of paragraphs (1) through (6) is | ||
| ||
(H) A violation of paragraphs (1) through (6) is | ||
| ||
(I) A violation of paragraphs (1) through (6) is | ||
| ||
(J) A violation of paragraphs (1) through (6) is | ||
| ||
(2) When the damage to property exceeds $10,000, the | ||
| ||
(3) In addition to any other sentence that may be | ||
| ||
The community service requirement does not apply when | ||
| ||
(4) In addition to any criminal penalties imposed | ||
| ||
(5) For the purposes of this subsection (d), "farm | ||
| ||
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
|
(720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4)
Sec. 21-1.01. Criminal Damage to Government Supported Property.
(a) A person commits criminal damage to government supported property when he or she knowingly:
(1) damages any government supported property | ||
| ||
(2) by means of fire or explosive damages government | ||
| ||
(3) starts a fire on government supported property | ||
| ||
(4) deposits on government supported land or in a | ||
| ||
(b) For the purposes of this Section, "government supported" means any property supported in whole or in part with
State funds, funds of a unit of local government or school district, or
federal funds administered or granted through State agencies. (c) Sentence. A violation of this Section is a Class 4 felony when the damage to property is $500 or
less; a Class 3 felony when the damage to property
exceeds $500 but does not exceed $10,000; a Class 2 felony when the damage
to property exceeds $10,000 but does not exceed $100,000; and a Class 1
felony when the damage to property exceeds $100,000. When the damage to property exceeds $10,000, the court shall impose
upon the offender a fine equal to the value of the damages to the property.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-1.1) (from Ch. 38, par. 21-1.1)
Sec. 21-1.1.
(Repealed).
(Source: P.A. 78-255. Repealed by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
Sec. 21-1.2. Institutional vandalism.
(a) A person commits institutional vandalism when, by reason of the actual
or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another
individual or group of individuals, regardless of the existence of any other
motivating factor or factors, he or she knowingly and without consent
inflicts damage to any of the following properties:
(1) A church, synagogue, mosque, or other building, | ||
| ||
(2) A cemetery, mortuary, or other facility used for | ||
| ||
(3) A school, educational facility or community | ||
| ||
(4) The grounds adjacent to, and owned or rented by, | ||
| ||
(5) Any personal property contained in any | ||
| ||
(b) Sentence. (1) Institutional vandalism is a Class 3 felony when | ||
| ||
(2) Upon imposition of any sentence, the trial court | ||
| ||
(c) Independent of any criminal prosecution or the result of that
prosecution, a person suffering damage to property or injury to his or her
person as a result of institutional vandalism may bring a civil action for
damages, injunction or other appropriate relief. The court may award actual
damages, including damages for emotional distress, or punitive damages. A
judgment may include attorney's fees and costs. The parents or legal guardians
of an unemancipated minor, other than guardians appointed under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of
any judgment for actual damages rendered against the minor under this
subsection in an amount not exceeding the amount provided under Section
5
of the Parental Responsibility Law.
(d) As used in this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act. (Source: P.A. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17 .)
|
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property when the person
knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the use of paint or
any other similar substance, or by the use of a writing instrument, etching
tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage.
(b) Sentence. (1) Criminal defacement of property is a Class A misdemeanor for a
first offense when the aggregate value of the damage to the property does not exceed $500. Criminal
defacement of property is a Class 4 felony when the aggregate value of the damage to property does not
exceed $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or subsequent
conviction or when the aggregate value of the damage to the property exceeds $500.
Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property
exceeds $500 and the property damaged is a school building or place of
worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans.
(2) In addition to any other sentence that may be imposed
for a violation of this Section,
a person convicted of
criminal defacement of
property shall: (A) pay the actual costs incurred by the property | ||
| ||
(B) if convicted of criminal defacement of property | ||
| ||
(3) In addition to any
other sentence that may be imposed, a court shall order any person convicted of
criminal defacement of property to perform community service for not less than
30 and not more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage to property that was
caused by the offense, or similar damage to property located in the
municipality or county in which the offense occurred.
When the property damaged is a school building, the community service may
include cleanup, removal, or painting over the defacement.
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. (4) For the purposes of this subsection (b), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; 98-756, eff. 7-16-14; 99-631, eff. 1-1-17 .)
|
(720 ILCS 5/21-1.4)
Sec. 21-1.4. Jackrocks violation.
(a) A person commits a jackrocks violation when he or she knowingly: (1) sells, gives away, manufactures, purchases, or | ||
| ||
(2) places, tosses, or throws a jackrock on public or | ||
| ||
(b) As used in this Section, "jackrock" means a caltrop or other object
manufactured with
one or more rounded or sharpened points, which when placed or thrown present at
least one point at such an angle that it is peculiar to and designed for use in
puncturing or damaging vehicle tires. It does not include a device
designed to puncture or damage the tires of a vehicle driven over it in a
particular
direction, if a conspicuous and clearly visible warning is posted at the
device's location, alerting persons to its presence.
(c) This Section does not apply to the possession, transfer, or use of
jackrocks by any law enforcement officer in the course of his or her official
duties.
(d) Sentence. A jackrocks violation is a Class A misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-1.5)
Sec. 21-1.5. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)
|
(720 ILCS 5/Art. 21, Subdiv. 5 heading) SUBDIVISION 5. TRESPASS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
Sec. 21-2. Criminal trespass to vehicles. (a) A person commits criminal trespass to vehicles when he or she knowingly and without authority enters any part of or operates
any vehicle, aircraft,
watercraft or snowmobile.
(b) Sentence. Criminal trespass to vehicles is a Class A misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-2.5) Sec. 21-2.5. Electronic tracking devices prohibited. (a) As used in this Section: "Electronic tracking device" means any device | ||
| ||
"State agency" means all departments, officers, | ||
| ||
"Telematics" includes, but is not limited to, | ||
| ||
"Vehicle" has the meaning ascribed to it in Section | ||
| ||
(b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person. (c) This Section does not apply: (1) when the registered owner, lessor, or lessee of a | ||
| ||
(2) to the lawful use of an electronic tracking | ||
| ||
(3) when the vehicle is owned or leased by a business | ||
| ||
(4) when the vehicle is under the control of a State | ||
| ||
(5) telematic services that were installed by the | ||
| ||
(d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.) |
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) A person commits criminal trespass to real property when he or she:
(1) knowingly and without lawful authority enters or | ||
| ||
(2) enters upon the land of another, after receiving, | ||
| ||
(3) remains upon the land of another, after receiving | ||
| ||
(3.5) presents false documents or falsely represents | ||
| ||
(3.7) intentionally removes a notice posted on | ||
| ||
(4) enters a field used or capable of being used for | ||
| ||
For purposes of item (1) of this subsection, this Section shall not apply
to being in a building which is open to the public while the building is open
to the public during its normal hours of operation; nor shall this Section
apply to a person who enters a public building under the reasonable belief that
the building is still open to the public.
(b) A person has received notice from the owner or occupant within the
meaning of Subsection (a) if he or she has been notified personally, either orally
or in writing including a valid court order as defined by subsection (7)
of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy
(2) of subsection (b) of Section 112A-14 of that Code, or if a printed or
written notice forbidding such entry has been conspicuously posted or
exhibited at the main entrance to the land or the forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be: (1) A vertical line of at least 8 inches in length | ||
| ||
(2) A post capped or otherwise marked on at least its | ||
| ||
Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument. (b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants. (c) This Section does not apply to any person, whether a migrant worker
or otherwise, living on the land with permission of the owner or of his
or her agent having apparent authority to hire workers on this land and assign
them living quarters or a place of accommodations for living thereon, nor
to anyone living on the land at the request of, or by occupancy, leasing
or other agreement or arrangement with the owner or his or her agent, nor to
anyone invited by the migrant worker or other person so living on the
land to visit him or her at the place he is so living upon the land.
(d) A person shall be exempt from prosecution under this Section if
he or she beautifies unoccupied and abandoned residential and industrial properties
located within any municipality. For the purpose of this subsection,
"unoccupied and abandoned residential and industrial property" means any
real estate (1) in which the taxes have not been paid for a period of at
least 2 years; and (2) which has been left unoccupied and abandoned for a
period of at least one year; and "beautifies" means to landscape, clean up
litter, or to repair dilapidated conditions on or to board up windows
and doors.
(e) No person shall be liable in any civil action for money damages
to the owner of unoccupied and abandoned residential and industrial property
which that person beautifies pursuant to subsection (d) of this Section.
(e-5) Mortgagee or agent of the mortgagee exceptions. (1) A mortgagee or agent of the mortgagee shall be | ||
| ||
(2) No mortgagee or agent of the mortgagee shall be | ||
| ||
(3) For the purpose of this subsection (e-5) only, | ||
| ||
(f) This Section does not prohibit a person from entering a building or
upon the land of another for emergency purposes. For purposes of this
subsection (f), "emergency" means a condition or circumstance in which an
individual is or is reasonably believed by the person to be in imminent danger
of serious bodily harm or in which property is or is reasonably believed to be
in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor. (i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i): "Land" includes, but is not limited to, land used for | ||
| ||
"Owner" means the person who has the right to | ||
| ||
"Vehicle" has the same meaning as provided under | ||
| ||
(j) This Section does not apply to the following persons while serving process: (1) a person authorized to serve process under | ||
| ||
(2) a special process server appointed by the circuit | ||
| ||
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13 .)
|
(720 ILCS 5/21-4) (from Ch. 38, par. 21-4)
(This Section was renumbered as Section 21-1.01 by P.A. 97-1108.) Sec. 21-4.
(Renumbered).
(Source: P.A. 89-30, eff. 1-1-96. Renumbered by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
Sec. 21-5. Criminal
trespass to State supported land.
(a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land, after receiving, prior to the
entry, notice from the State or its representative that the entry is
forbidden, or remains upon the land or in the building after receiving
notice from the State or its representative to depart, and who thereby
interferes with another person's lawful use or enjoyment of the building
or land.
A person has received notice from the State within the meaning of
this subsection if he or she has been notified personally, either orally or in
writing, or if a printed or written notice forbidding entry to him or her or
a group of which he or she is a part, has been conspicuously posted or exhibited
at the main entrance to the land or the forbidden part thereof. (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right of way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, the Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right of way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property. A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right of way or the forbidden part of the right of way. As used in this subsection (a-5), "right of way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code. (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby
interferes with another person's lawful use or enjoyment of the building
or land. This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State
funds, or federal funds administered or granted through State agencies or
any building on the land in the performance of his or her official duties.
(c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15 .)
|
(720 ILCS 5/21-5.5) Sec. 21-5.5. Criminal trespass to a safe school zone. (a) As used in this Section: "Employee" means a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor. "Employee" includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his or her designee. "School administrator" means the school's principal, or his or her designee. "Safe school zone" means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity. This shall include any school property, ground, or street, sidewalk, or public way immediately adjacent thereto and any public right-of-way situated immediately adjacent to school property. The safe school zone shall not include any portion of the highway not actually on school property. "School activity" means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event. "Student" means any person enrolled or previously enrolled in a school. (b) A person commits the offense of criminal trespass to a safe school zone when he or she knowingly: (1) enters or remains in a safe school zone without | ||
| ||
(2) enters or remains in a safe school zone without | ||
| ||
(c) Sentence. Criminal trespass to a safe school zone is a Class A misdemeanor.
(Source: P.A. 97-547, eff. 1-1-12.) |
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
Sec. 21-6.
Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in Section 33A-1
in any building or on land supported in whole or in part with public
funds or in any building on such land without
prior written permission from the chief security officer for such land or
building commits a Class A misdemeanor.
(b) The chief security officer must grant any reasonable request for
permission under paragraph (a).
(Source: P.A. 89-685, eff. 6-1-97.)
|
(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
Sec. 21-7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
(a) A person commits criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any: (1) restricted area or restricted landing area used | ||
| ||
(2) restricted area or restricted landing area used | ||
| ||
(3) restricted area or restricted landing area as | ||
| ||
(b) A person commits aggravated criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or
remains in, any restricted area or restricted landing area used in connection
with an airport facility, or part thereof, in this State, while in possession
of a weapon, replica of a weapon, or ammunition, after the person has received
notice from the airport authority that the entry is forbidden. (c) Notice that the area is "restricted" and
entry thereto "forbidden", for purposes of this Section, means that the
person or persons have been notified personally, either orally or in writing,
or by a printed or written notice forbidding the entry to him or her or a group
or an organization of which he or she is a member, which has been conspicuously posted
or exhibited at every usable entrance to the area or the forbidden part thereof.
(d) (Blank).
(e) (Blank).
(f) The terms "Restricted area" or "Restricted landing area" in this Section
are defined to incorporate the meaning ascribed to those terms in Section
8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended,
and also include any other area of the airport that has been designated
such by the airport authority.
The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
(g) Paragraph (2) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility,
or part thereof, in the performance of his or her official duties. (h) Sentence. (1) A violation of paragraph (2) of subsection (a) is a Class A misdemeanor. (2) A violation of paragraph (1) or (3) of subsection (a) is a Class 4 felony. (3) A violation of subsection (b) is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-8)
Sec. 21-8. Criminal trespass to a nuclear facility.
(a) A person commits criminal trespass to a nuclear facility
when he or she
knowingly and without lawful authority:
(1) enters or remains within a nuclear facility or on | ||
| ||
(2) remains within the facility or on the grounds of | ||
| ||
(3) enters or remains within a nuclear facility or on | ||
| ||
(b) A person has received notice from the owner or manager of the
facility or other person authorized by the owner or manager of the
facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been
notified personally, either orally or in writing,
or if a printed or written notice forbidding the entry has
been conspicuously posted or exhibited at the main entrance to the
facility or grounds of the facility or the forbidden part of the
facility.
(c) In this Section, "nuclear facility" has the meaning ascribed
to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.
(d) Sentence. Criminal trespass to a nuclear facility is a
Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21-9)
Sec. 21-9. Criminal trespass to a place of public amusement.
(a) A person commits criminal trespass to a place of public
amusement when he or she knowingly and without lawful authority enters or
remains
on any portion of a place of public amusement after having received notice that
the general public is restricted from access to that portion of the place of
public amusement. These areas may include, but are
not limited to: a playing field, an athletic surface, a stage, a locker room,
or
a dressing room located at the place of public amusement. (a-5) A person commits the offense of criminal trespass to a place of public
amusement when he or she knowingly and without lawful authority gains access
to or remains on any portion of a place of public amusement by presenting false documents or falsely representing his or her identity orally to the property owner, a lessee, an agent of either the owner or lessee, or a
performer or participant. This subsection (a-5) does not apply to a peace officer or other official of a unit of government who enters or remains in the place of public amusement in the performance of his or her official duties.
(b) A property owner, a lessee, an agent of either the owner or lessee, or a
performer or participant may use reasonable force to restrain a trespasser and
remove him or her from the restricted area; however, any use of force beyond
reasonable force may subject that person to any applicable criminal penalty.
(c) A person has received notice within the meaning of subsection (a) if
he or she has been notified personally, either orally or in writing, or if a
printed
or written notice forbidding such entry has been conspicuously posted or
exhibited at the entrance to the portion of the place of public amusement that
is
restricted or an oral warning has been broadcast over the public address system
of the place of public amusement.
(d) In this Section, "place of public amusement" means a stadium, a theater,
or any other facility of any kind, whether licensed or not, where a live
performance, a sporting event, or any other activity takes place for other
entertainment and where
access to
the facility is made available to the public, regardless of whether admission
is charged.
(e) Sentence. Criminal trespass to a place of public amusement is a Class
4 felony. Upon imposition of any sentence, the court shall also impose a
fine of not less than $1,000. In addition, any order of
probation or conditional discharge entered following a conviction shall include
a condition that the offender perform public or community service of 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 offender was convicted. The court may also impose any other condition of
probation or conditional discharge under this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/Art. 21, Subdiv. 10 heading) SUBDIVISION 10. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-10)
Sec. 21-10. Criminal use of a motion picture
exhibition facility. (a) A person commits criminal use of a motion picture exhibition facility, when he or she, where a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device without the consent of the owner
or lessee of that exhibition facility and of the licensor of the
motion picture being exhibited.
(b) Sentence. Criminal use of a motion picture
exhibition facility is a Class 4 felony.
(c) The owner or lessee of a
facility where a motion picture is being exhibited, the authorized agent or employee of that owner
or lessee, or the licensor of the motion picture being
exhibited or his or her agent or employee, who alerts law
enforcement authorities of an alleged violation of this
Section is not liable in any civil action arising out of
measures taken by that owner, lessee, licensor, agent, or employee in
the course of subsequently detaining a person that the owner,
lessee, licensor, agent, or employee, in good faith believed to have
violated this Section while awaiting the arrival of law
enforcement authorities, unless the plaintiff in such an
action shows by clear and convincing evidence that such
measures were manifestly unreasonable or the period of
detention was unreasonably long.
(d) This Section does not prevent any lawfully
authorized investigative, law enforcement, protective, or
intelligence gathering employee or agent of the State or
federal government from operating any audiovisual recording device in any facility where a motion picture
is being exhibited as part of lawfully authorized
investigative, protective, law enforcement, or intelligence
gathering activities. (e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes. (f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty. (g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/21-11) Sec. 21-11. Distributing or delivering written or printed solicitation on
school property. (a) Distributing or delivering written or printed solicitation on school
property or within 1,000 feet
of school property, for the purpose of inviting students to
any event when a significant purpose of the event is to commit illegal acts or
to solicit
attendees to commit illegal acts,
or to be held in or
around abandoned buildings, is prohibited. (b) For the purposes of this Section, "school property" is defined as the
buildings or grounds of any public or private elementary or secondary school. (c) Sentence. A violation
of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/Art. 21.1 heading) ARTICLE 21.1.
RESIDENTIAL PICKETING
|
(720 ILCS 5/21.1-1) (from Ch. 38, par. 21.1-1)
Sec. 21.1-1.
Legislative finding and declaration.
The Legislature finds and declares that men in a free society have the
right to quiet enjoyment of their homes; that the stability of community
and family life cannot be maintained unless the right to privacy and a
sense of security and peace in the home are respected and encouraged; that
residential picketing, however just the cause inspiring it, disrupts home,
family and communal life; that residential picketing is inappropriate in
our society, where the jealously guarded rights of free speech and assembly
have always been associated with respect for the rights of others. For
these reasons the Legislature finds and declares this Article to be
necessary.
(Source: Laws 1967, p. 940.)
|
(720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
Sec. 21.1-2. Residential picketing. A person commits residential picketing when he or she pickets before or about the residence
or dwelling of any person, except when the residence or dwelling is used
as a place of business. This Article does not apply to a person
peacefully picketing his own residence or dwelling and does not prohibit
the peaceful picketing of the place of holding a meeting or assembly on premises
commonly used to discuss subjects of general public interest.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
Sec. 21.1-3.
Sentence.
Violation of Section 21.1-2 is a Class B misdemeanor.
(Source: P.A. 77-2638.)
|
(720 ILCS 5/Art. 21.2 heading) ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF EDUCATION
(Source: P.A. 96-807, eff. 1-1-10.) |
(720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
Sec. 21.2-1. The General Assembly, in recognition of unlawful campus and school disorders across
the nation which are disruptive of the educational process, dangerous to
the health and safety of persons, damaging to public and private property,
and which divert the use of institutional facilities from the primary
function of education, establishes by this Act criminal penalties for
conduct declared in this Article to be unlawful. However, this Article does
not modify or supersede any other law relating to damage to persons or
property, nor does it prevent a public institution of education from
establishing restrictions upon the availability or use of any building or
other facility owned, operated or controlled by the institution to preserve
their dedication to education, nor from establishing standards of
scholastic and behavioral conduct reasonably relevant to the missions,
processes and functions of the institution, nor from invoking appropriate
discipline or expulsion for violations of such standards.
(Source: P.A. 96-807, eff. 1-1-10.)
|
(720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
Sec. 21.2-2. Interference with a public institution of education. A person commits interference with a public institution of
education when he or she, on the campus of a public institution of education,
or at or in any building or other facility owned, operated or controlled by
the institution, without authority from the institution he or she, through force
or violence, actual or threatened:
(1) knowingly denies to a trustee, school board | ||
| ||
(A) Freedom of movement at that place; or
(B) Use of the property or facilities of the | ||
| ||
(C) The right of ingress or egress to the | ||
| ||
(2) knowingly impedes, obstructs, interferes with or | ||
| ||
(A) the performance of institutional duties by a | ||
| ||
(B) the pursuit of educational activities, as | ||
| ||
(3) knowingly occupies or remains in or at any | ||
| ||
(Source: P.A. 96-807, eff. 1-1-10; 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
Sec. 21.2-3. Nothing in this Article prevents lawful assembly of the trustees, school board members, superintendent, principal,
employees, students or invitees of a public institution of
education, or prevents orderly petition for redress of grievances.
(Source: P.A. 96-807, eff. 1-1-10.)
|
(720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
Sec. 21.2-4. Sentence. A person convicted of violation of this Article commits a Class C
misdemeanor for the first offense and for a second or subsequent offense
commits a Class B misdemeanor. If the interference with the public institution of education is accompanied by a threat of personal injury or property damage, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation in accordance with Section 12-6 of this Code.
(Source: P.A. 96-807, eff. 1-1-10.)
|
(720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
Sec. 21.2-5. For the purposes of this Article the words and phrases described in this
Section have the meanings designated in this Section, except when a
particular context clearly requires a different meaning.
"Public institution of education" means an educational
organization located in this State which provides an organized elementary, secondary, or post-high
school educational program, and which is supported in whole or in part by
appropriations of the General Assembly, a unit of local government or school district.
A person has received "due notice" if he, or the group of which he is a
part, has been given oral or written notice from an authorized
representative of the public institution of education in a manner
reasonably designated to inform him, or the group of which he is a part,
that he or they should cease such action or depart from such premises. The
notice may also be given by a printed or written notice forbidding entry
conspicuously posted or exhibited at the main entrance of the building or
other facility, or the forbidden part thereof.
"Force or violence" includes, but is not limited to, use of one's
person, individually or in concert with others, to impede access to or
movement within or otherwise to interfere with the conduct of the
authorized activities of the public institution of education, its
trustees, school board members, superintendent, principal, employees, students or invitees.
(Source: P.A. 96-807, eff. 1-1-10.)
|
(720 ILCS 5/21.2-6) (from Ch. 38, par. 21.2-6)
Sec. 21.2-6.
If any provision of this Act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared severable.
(Source: P.A. 76-1582 .)
|
(720 ILCS 5/Art. 21.3 heading) ARTICLE 21.3.
SOLICITATION ON SCHOOL PROPERTY
(Repealed) Source: P.A. 88-357. Repealed by P.A. 97-1108, eff. 1-1-13.
|
(720 ILCS 5/Tit. III Pt. D heading) PART D.
OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY
|
(720 ILCS 5/Art. 24 heading) ARTICLE 24.
DEADLY WEAPONS
|
(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 | ||
| ||
(2) Carries or possesses with intent to use the same | ||
| ||
(2.5) Carries or possesses with intent to use the | ||
| ||
(3) Carries on or about his person or in any vehicle, | ||
| ||
(4) Carries or possesses in any vehicle or concealed | ||
| ||
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, | ||
| ||
(iv) are carried or possessed in accordance with | ||
| ||
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind | ||
| ||
(7) Sells, manufactures, purchases, possesses or | ||
| ||
(i) a machine gun, which shall be defined for the | ||
| ||
(ii) any rifle having one or more barrels less | ||
| ||
(iii) any bomb, bomb-shell, grenade, bottle or | ||
| ||
(8) Carries or possesses any firearm, stun gun or | ||
| ||
This subsection (a)(8) does not apply to any auction | ||
| ||
(9) Carries or possesses in a vehicle or on or about | ||
| ||
(10) Carries or possesses on or about his or her | ||
| ||
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, | ||
| ||
(iv) are carried or possessed in accordance with | ||
| ||
A "stun gun or taser", as used in this paragraph (a) | ||
| ||
(11) Sells, manufactures, delivers, imports, | ||
| ||
(12) (Blank); or
(13) Carries or possesses on or about his or her | ||
| ||
(14) Manufactures, possesses, sells, or offers to | ||
| ||
(15) Carries or possesses any assault weapon or .50 | ||
| ||
(16) Manufactures, sells, delivers, imports, or | ||
| ||
(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), subsection 24-1(a)(13), or 24-1(a)(15) 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), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)
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),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The possession of each weapon or device 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 | ||
| ||
(1.5) A person who violates subsection 24-1(a)(4), | ||
| ||
(2) A person who violates subsection 24-1(a)(1), | ||
| ||
(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
| ||
(4) For the purposes of this subsection (c), "school" | ||
| ||
(5) For the purposes of this subsection (c), | ||
| ||
(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 or her trade, then such presumption shall not apply to the driver.
(e) Exemptions. (1) Crossbows, Common or Compound bows and | ||
| ||
(2) The provision of paragraph (1) of subsection (a) | ||
| ||
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
|
(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 Illinois 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. A second or subsequent violation of this Section 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, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. 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, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
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, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. 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. 102-538, eff. 8-20-21.)
|
(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 | ||
| ||
(2) Discharges a firearm in the direction of another | ||
| ||
(3) Discharges a firearm in the direction of a person | ||
| ||
(4) Discharges a firearm in the direction of a | ||
| ||
(5) Discharges a firearm in the direction of a person | ||
| ||
(6) Discharges a firearm in the direction of a | ||
| ||
(7) Discharges a firearm in the direction of a person | ||
| ||
(8) Discharges a firearm in the direction of a person | ||
| ||
(9) Discharges a firearm in the direction of a | ||
| ||
(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:
"Emergency medical services personnel" has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots. "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. 99-816, eff. 8-15-16.)
|
(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 | ||
| ||
(2) Discharges a machine gun or a firearm equipped | ||
| ||
(3) Discharges a machine gun or a firearm equipped | ||
| ||
(4) Discharges a machine gun or a firearm equipped | ||
| ||
(5) Discharges a machine gun or a firearm equipped | ||
| ||
(6) Discharges a machine gun or a firearm equipped | ||
| ||
(7) Discharges a machine gun or a firearm equipped | ||
| ||
(8) Discharges a machine gun or a firearm equipped | ||
| ||
(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: "Emergency medical services personnel" has the | ||
| ||
"Machine gun" has the meaning ascribed to it in | ||
| ||
(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. 99-816, eff. 8-15-16.)
|
(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) 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 | ||
| ||
(2) Carries or possesses on or about his or her | ||
| ||
(3) One of the following factors is present: (A) the firearm, other than a pistol, revolver, | ||
| ||
(A-5) the pistol, revolver, or handgun possessed | ||
| ||
(B) the firearm, other than a pistol, revolver, | ||
| ||
(B-5) the pistol, revolver, or handgun possessed | ||
| ||
(C) the person possessing the firearm has not | ||
| ||
(D) the person possessing the weapon was | ||
| ||
(E) the person possessing the weapon was engaged | ||
| ||
(F) (blank); or (G) the person possessing the weapon had an order | ||
| ||
(H) the person possessing the weapon was engaged | ||
| ||
(I) the person possessing the weapon was under 21 | ||
| ||
(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 | ||
| ||
(d) Sentence. (1) Aggravated unlawful use of a weapon is a Class 4 | ||
| ||
(2) Except as otherwise provided in paragraphs (3) | ||
| ||
(3) Aggravated unlawful use of a weapon by a person | ||
| ||
(4) Aggravated unlawful use of a weapon while wearing | ||
| ||
(e) The possession of each firearm in violation of this Section constitutes a single and separate violation. (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) |
(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 | ||
| ||
(2) unlawful use of a weapon by a felon; aggravated | ||
| ||
(3) any violation of the Illinois Controlled | ||
| ||
(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) 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 | ||
| ||
(2) possesses or carries in any vehicle a firearm | ||
| ||
(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 | ||
| ||
"Street gang member" or "gang member" has the meaning | ||
| ||
(Source: P.A. 96-829, eff. 12-3-09.) |
(720 ILCS 5/24-1.9) Sec. 24-1.9. Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges. (a) Definitions. In this Section: (1) "Assault weapon" means any of the following, except as provided in subdivision (2) of this
subsection: (A) A semiautomatic rifle that has the capacity to | ||
| ||
(i) a pistol grip or thumbhole stock; (ii) any feature capable of functioning as a | ||
| ||
(iii) a folding, telescoping, thumbhole, or | ||
| ||
(iv) a flash suppressor; (v) a grenade launcher; (vi) a shroud attached to the barrel or that | ||
| ||
(B) A semiautomatic rifle that has a fixed magazine | ||
| ||
(C) A semiautomatic pistol that has the capacity to | ||
| ||
(i) a threaded barrel; (ii) a second pistol grip or another feature | ||
| ||
(iii) a shroud attached to the barrel or that | ||
| ||
(iv) a flash suppressor; (v) the capacity to accept a detachable magazine | ||
| ||
(vi) a buffer tube, arm brace, or other part that | ||
| ||
(D) A semiautomatic pistol that has a fixed magazine | ||
| ||
(E) Any shotgun with a revolving cylinder. (F) A semiautomatic shotgun that has one or more of | ||
| ||
(i) a pistol grip or thumbhole stock; (ii) any feature capable of functioning as a | ||
| ||
(iii) a folding or thumbhole stock; (iv) a grenade launcher; (v) a fixed magazine with the capacity of more | ||
| ||
(vi) the capacity to accept a detachable | ||
| ||
(G) Any semiautomatic firearm that has the capacity | ||
| ||
(H) Any firearm that has been modified to be operable | ||
| ||
(I) Any part or combination of parts designed or | ||
| ||
(J) All of the following rifles, copies, duplicates, | ||
| ||
(i) All AK types, including the following: (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, | ||
| ||
(II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable magazine. (ii) all AR types, including the following: (I) AR-10. (II) AR-15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15-T. (VI) Barrett REC7. (VII) Beretta AR-70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM-4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA-15 rifles. (XXIV) Jesse James Nomad AR-15 rifle. (XXV) Knight's Armament SR-15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R-15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR-15 or Rock River | ||
| ||
(XXXVI) Sig Sauer SIG516 rifles and MCX | ||
| ||
(XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 | ||
| ||
(XL) Uselton Arms Air-Lite M-4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. | ||
| ||
(iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and | ||
| ||
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 | ||
| ||
(x) Feather Industries AT-9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU-16, and RFB. (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig | ||
| ||
(xvii) Springfield Armory SAR-48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle | ||
| ||
(xx) All Thompson rifles, including the | ||
| ||
(I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1-C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and | ||
| ||
(xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (K) All of the following pistols, copies, duplicates, | ||
| ||
(i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK-47 pistol. (IV) HCR AK-47 pistol. (V) IO Inc. Hellpup AK-47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK-47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR-15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR-15 pistol. (VIII) Jesse James Nomad AR-15 pistol. (IX) Olympic Arms AR-15 pistol. (X) Osprey Armament MK-18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M-4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP-9 and MP-45. (vi) Heckler & Koch model SP-89 pistol. (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and | ||
| ||
(viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC-10. (II) MAC-11. (III) Masterpiece Arms MPA A930 Mini Pistol, | ||
| ||
(IV) Military Armament Corp. Ingram M-11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the | ||
| ||
(I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (L) All of the following shotguns, copies, | ||
| ||
(i) DERYA Anakon MC-1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW-12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the | ||
| ||
(I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP-01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K-030. (VI) IZHMASH Saiga 12K-040 Taktika. (v) Streetsweeper. (vi) Striker 12. (2) "Assault weapon" does not include: (A) Any firearm that is an unserviceable firearm or | ||
| ||
(B) An antique firearm or a replica of an antique | ||
| ||
(C) A firearm that is manually operated by bolt, | ||
| ||
(D) Any air rifle as defined in Section 24.8-0.1 of | ||
| ||
(E) Any handgun, as defined under the Firearm | ||
| ||
(3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of this subsection (a). (4) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921(a)(16). (5) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical reenactments. (6) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber. (7) "Detachable magazine" means an ammunition feeding device that may be removed from a firearm without disassembly of the firearm action, including an ammunition feeding device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or other tool, or any other object that functions as a tool, including a bullet or cartridge. (8) "Fixed magazine" means an ammunition feeding device that is permanently attached to a firearm, or contained in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (b) Except as provided in subsections (c), (d), and (e), on or after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. (c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. (d) This Section does not apply to a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited by subsection (c) of this Section, if the person has provided in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois State Police, no later than October 1, 2023: (1) the affiant's Firearm Owner's Identification Card | ||
| ||
(2) an affirmation that the affiant: (i) possessed an | ||
| ||
(3) the make, model, caliber, and serial number of | ||
| ||
The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act." In any administrative, civil, or criminal proceeding in this State, a completed endorsement affidavit submitted to the Illinois State Police by a person under this Section creates a rebuttable presumption that the person is entitled to possess and transport the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, a person authorized under this Section to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only: (1) on private property owned or immediately | ||
| ||
(2) on private property that is not open to the | ||
| ||
(3) while on the premises of a licensed firearms | ||
| ||
(4) while engaged in the legal use of the assault | ||
| ||
(5) while traveling to or from these locations, | ||
| ||
Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection. Except as provided in subsection (e) and beginning on January 1, 2024, any person who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall, within 60 days, apply for a Firearm Owners Identification Card and complete an endorsement application as outlined in subsection (d). Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties. (e) The provisions of this Section regarding the purchase or possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 cartridges, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to: (1) Peace officers, as defined in Section 2-13 of | ||
| ||
(2) Qualified law enforcement officers and qualified | ||
| ||
(3) Acquisition and possession by a federal, State, | ||
| ||
(4) Wardens, superintendents, and keepers of prisons, | ||
| ||
(5) Members of the Armed Services or Reserve Forces | ||
| ||
(6) Any company that employs armed security officers | ||
| ||
(7) Any private security contractor agency licensed | ||
| ||
The provisions of this Section do not apply to the manufacture, delivery, sale, import, purchase, or possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or causing the manufacture, delivery, sale, importation, purchase, or possession of those items: (A) for sale or transfer to persons authorized under | ||
| ||
(B) for sale or transfer to the United States or any | ||
| ||
(C) for sale or transfer in another state or for | ||
| ||
This Section does not apply to or affect any of the following: (i) Possession of any firearm if that firearm is | ||
| ||
(ii) Any nonresident who transports, within 24 | ||
| ||
(iii) Possession of a weapon at an event taking place | ||
| ||
(iv) Possession of a weapon only for hunting use | ||
| ||
(v) The manufacture, transportation, possession, | ||
| ||
Any person not subject to this Section may submit an endorsement affidavit if the person chooses. (f) Any sale or transfer with a background check initiated to the Illinois State Police on or before the effective date of this amendatory Act of the 102nd General Assembly is allowed to be completed after the effective date of this amendatory Act once an approval is issued by the Illinois State Police and any applicable waiting period under Section 24-3 has expired. (g) The Illinois State Police shall take all steps necessary to carry out the requirements of this Section within by October 1, 2023. (h) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 102nd General Assembly and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23.) |
(720 ILCS 5/24-1.10) Sec. 24-1.10. Manufacture, delivery, sale, and possession of large capacity ammunition feeding devices. (a) In this Section: "Handgun" has the meaning ascribed to it in the Firearm Concealed Carry Act. "Long gun" means a rifle or shotgun. "Large capacity ammunition feeding device" means: (1) a magazine, belt, drum, feed strip, or similar | ||
| ||
(2) any combination of parts from which a device | ||
| ||
"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine
that is contained in a lever-action firearm or any device that has been made permanently inoperable. (b) Except as provided in subsections (e) and (f), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device. (c) Except as provided in subsections (d), (e), and (f), and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful to knowingly possess a large capacity ammunition feeding device. (d) Subsection (c) does not apply to a person's possession of a large capacity ammunition feeding device if the person lawfully possessed that large capacity ammunition feeding device before the effective date of this amendatory Act of the 102nd General Assembly, provided that the person shall possess such device only: (1) on private property owned or immediately | ||
| ||
(2) on private property that is not open to the | ||
| ||
(3) while on the premises of a licensed firearms | ||
| ||
(4) while engaged in the legal use of the large | ||
| ||
(5) while traveling to or from these locations, | ||
| ||
A person authorized under this Section to possess a large capacity ammunition feeding device may transfer the large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the large capacity ammunition feeding device except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the large capacity ammunition feeding device is transferred shall, within 60 days of the transfer, notify the Illinois State Police of the person's acquisition and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the large capacity ammunition feeding device is transferred may transfer it only as provided in this subsection. Except as provided in subsections (e) and (f) and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, any person who moves into this State in possession of a large capacity ammunition feeding device shall, within 60 days, apply for a Firearm Owners Identification Card. (e) The provisions of this Section regarding the purchase or possession of large capacity ammunition feeding devices, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to: (1) Peace officers as defined in Section 2-13 of this | ||
| ||
(2) Qualified law enforcement officers and qualified | ||
| ||
(3) A federal, State, or local law enforcement agency | ||
| ||
(4) Wardens, superintendents, and keepers of prisons, | ||
| ||
(5) Members of the Armed Services or Reserve Forces | ||
| ||
(6) Any company that employs armed security officers | ||
| ||
(7) Any private security contractor agency licensed | ||
| ||
(f) This Section does not apply to or affect any of the following: (1) Manufacture, delivery, sale, importation, | ||
| ||
(A) for sale or transfer to persons authorized | ||
| ||
(B) for sale or transfer to the United States or | ||
| ||
(C) for sale or transfer in another state or for | ||
| ||
(2) Sale or rental of large capacity ammunition | ||
| ||
(g) Sentence. A person who knowingly manufactures, delivers, sells, purchases, possesses, or causes to be manufactured, delivered, sold, possessed, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns commits a petty offense with a fine of $1,000 for each violation. (h) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 102nd General Assembly and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23.) |
(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 | ||
| ||
(2) Wardens, superintendents and keepers of prisons, | ||
| ||
(3) Members of the Armed Services or Reserve Forces | ||
| ||
(4) Special agents employed by a railroad or a public | ||
| ||
(5) Persons licensed as private security contractors, | ||
| ||
(6) Any person regularly employed in a commercial or | ||
| ||
(7) Agents and investigators of the Illinois | ||
| ||
(8) Persons employed by a financial institution as a | ||
| ||
(9) Any person employed by an armored car company to | ||
| ||
(10) Persons who have been classified as peace | ||
| ||
(11) Investigators of the Office of the State's | ||
| ||
(12) Special investigators appointed by a State's | ||
| ||
(12.5) Probation officers while in the performance of | ||
| ||
(13) Court Security Officers while in the performance | ||
| ||
(13.5) A person employed as an armed security guard | ||
| ||
(14) Manufacture, transportation, or sale of 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. (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this State or under the federal Law Enforcement Officers Safety Act. (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 | ||
| ||
(2) Duly authorized military or civil organizations | ||
| ||
(3) Hunters, trappers, or fishermen while engaged in | ||
| ||
(4) Transportation of weapons that are broken down in | ||
| ||
(5) Carrying or possessing any pistol, revolver, stun | ||
| ||
(c) Subsection 24-1(a)(7) does not apply to or affect any of the
following:
(1) Peace officers while in performance of their | ||
| ||
(2) Wardens, superintendents and keepers of prisons, | ||
| ||
(3) Members of the Armed Services or Reserve Forces | ||
| ||
(4) Manufacture, transportation, or sale of machine | ||
| ||
(5) Persons licensed under federal law to manufacture | ||
| ||
During transportation, such weapons shall be broken | ||
| ||
(6) The manufacture, transport, testing, delivery, | ||
| ||
The exemption granted under this subdivision (c)(6) | ||
| ||
(7) A person possessing a rifle with a barrel or | ||
| ||
(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 | ||
| ||
(2) Bonafide collectors of antique or surplus | ||
| ||
(3) Laboratories having a department of forensic | ||
| ||
(4) Commerce, preparation, assembly or possession of | ||
| ||
(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) (Blank). (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. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.) |
(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, | ||
| ||
(3) Members of the Armed Services or Reserve Forces | ||
| ||
(4) Federal officials required to carry firearms, | ||
| ||
(5) United States Marshals, while engaged in the | ||
| ||
(6) Persons licensed under federal law to | ||
| ||
This exemption does not authorize the general private | ||
| ||
(7) Laboratories having a department of forensic | ||
| ||
(8) Manufacture, transportation, or sale of armor | ||
| ||
(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) (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) (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 | ||
| ||
(b) Sells or gives any firearm to a person under 21 | ||
| ||
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has | ||
| ||
(e) Sells or gives any firearm to any person who has | ||
| ||
"Mental institution" means any hospital, | ||
| ||
"Patient in a mental institution" means the | ||
| ||
(f) Sells or gives any firearms to any person who is | ||
| ||
(g) Delivers any firearm, incidental to a sale, | ||
| ||
(h) While holding any license as a dealer, importer, | ||
| ||
(i) Sells or gives a firearm of any size to any | ||
| ||
(j) Sells or gives a firearm while engaged in the | ||
| ||
A person "engaged in the business" means a person who | ||
| ||
"With the principal objective of livelihood and | ||
| ||
(k) Sells or transfers ownership of a firearm to a | ||
| ||
(1) In addition to the other requirements of this | ||
| ||
(2) All sellers or transferors who have complied | ||
| ||
(l) Not being entitled to the possession of a | ||
| ||
(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 | ||
| ||
(2) Any person convicted of unlawful sale or delivery | ||
| ||
(3) Any person convicted of unlawful sale or delivery | ||
| ||
(4) Any person convicted of unlawful sale or delivery | ||
| ||
(5) Any person convicted of unlawful sale or delivery | ||
| ||
(6) Any person convicted of unlawful sale or delivery | ||
| ||
(7) Any person convicted of unlawful sale or delivery | ||
| ||
(8) A person 18 years of age or older convicted of | ||
| ||
(9) Any person convicted of unlawful sale or | ||
| ||
(10) Any person convicted of unlawful sale or | ||
| ||
(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. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(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 | ||
| ||
(3) is guilty of a Class X felony for which the | ||
| ||
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 5/24-3B) Sec. 24-3B. Firearms trafficking. (a) A person commits firearms trafficking when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly: (1) brings, or causes to be brought, into this State, | ||
| ||
(2) brings, or causes to be brought, into this State, | ||
| ||
(a-5) This Section does not apply to: (1) a person exempt under Section 2 of the Firearm | ||
| ||
(2) a common carrier under subsection (i) of Section | ||
| ||
(3) a non-resident who may lawfully possess a | ||
| ||
(b) Sentence. (1) Firearms trafficking is a Class 1 felony for | ||
| ||
(2) Firearms trafficking by a person who has been | ||
| ||
(Source: P.A. 102-538, eff. 8-20-21.) |
(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 | ||
| ||
(2) He is under 21 years of age, has been convicted | ||
| ||
(3) He is a narcotic addict and has any firearms or | ||
| ||
(4) He has been a patient in a mental institution | ||
| ||
"Mental institution" means any hospital, | ||
| ||
"Patient in a mental institution" means the | ||
| ||
(5) He is a person with an intellectual disability | ||
| ||
(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. 99-143, eff. 7-27-15.)
|
(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, | ||
| ||
(3) Members of the Armed Services or Reserve Forces | ||
| ||
(4) Federal officials required to carry firearms, | ||
| ||
(5) United States Marshals, while engaged in the | ||
| ||
(Source: P.A. 92-423, eff. 1-1-02.)
|
(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) (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)
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: | ||
| ||
(2) on which the transferee certifies that he or she | ||
| ||
(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 | ||
| ||
(A) is guilty of a Class 2 felony for purchasing | ||
| ||
(B) is guilty of a Class 1 felony for purchasing | ||
| ||
(C) is guilty of a Class X felony for which the | ||
| ||
(2) In addition to any other penalty that may be | ||
| ||
(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)
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) 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) 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) 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 | ||
| ||
(2) Not being entitled to the possession of not less | ||
| ||
(3) Not being entitled to the possession of not less | ||
| ||
(4) Not being entitled to the possession of not less | ||
| ||
(5) Not being entitled to the possession of more than | ||
| ||
(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 | ||
| ||
(2) A person who violates paragraph (2) of subsection | ||
| ||
(3) A person who violates paragraph (3) of subsection | ||
| ||
(4) A person who violates paragraph (4) of subsection | ||
| ||
(5) A person who violates paragraph (5) of subsection | ||
| ||
(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) (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)
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, | ||
| ||
(2) the person is hospitalized, in a coma, or is | ||
| ||
(3) the person's designee makes a report if the | ||
| ||
(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) (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 5/24-5.1) Sec. 24-5.1. Serialization of unfinished frames or receivers; prohibition on unserialized firearms; exceptions; penalties. (a) In this Section: "Bona fide supplier" means an established business entity engaged in the development and sale of firearms parts to one or more federal firearms manufacturers or federal firearms importers. "Federal firearms dealer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(11). "Federal firearms importer" means a licensed importer pursuant to 18 U.S.C. 921(a)(9). "Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(10). "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. "Security exemplar" means an object to be fabricated at the direction of the United States Attorney General that is (1) constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun and (2) suitable for testing and calibrating metal detectors. "Three-dimensional printer" means a computer or computer-drive machine capable of producing a three-dimensional object from a digital model. "Undetectable firearm" means (1) a firearm constructed entirely of non-metal substances; (2) a firearm that, after removal of all parts but the major components of the firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar; or (3) a firearm that includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. "Undetectable firearm" does not include a firearm subject to the provisions of 18 U.S.C. 922(p)(3) through (6). "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that: (1) has reached a stage in manufacture where it may | ||
| ||
(2) is marketed or sold to the public to become or be | ||
| ||
"Unserialized" means lacking a serial number imprinted by: (1) a federal firearms manufacturer, federal firearms | ||
| ||
(2) a federal firearms dealer or other federal | ||
| ||
(b) It is unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer. (c) Beginning 180 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless: (1) the party possessing or receiving the unfinished | ||
| ||
(2) the unfinished frame or receiver is possessed or | ||
| ||
(3) the unfinished frame or receiver has been | ||
| ||
(d) Beginning 180 days after the effective date of this amendatory Act of the 102nd General Assembly, unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it is unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process under subsection (f) of this Section. (e) Any firearm or unfinished frame or receiver manufactured using a three-dimensional printer must also be serialized in accordance with the requirements of subsection (f) within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, or prior to reaching a stage of manufacture where it may be readily completed, assembled, or converted to be a functional firearm. (f) Unserialized unfinished frames or receivers and unserialized firearms serialized pursuant to this Section shall be serialized in compliance with all of the following: (1) An unserialized unfinished frame or receiver and | ||
| ||
(2) Every federally licensed firearms dealer or other | ||
| ||
(3) Every federally licensed firearms dealer or other | ||
| ||
(4) Every federally licensed firearms dealer or other | ||
| ||
(g) Within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, the Director of the Illinois State Police shall issue a public notice regarding the provisions of this Section. The notice shall include posting on the Illinois State Police website and may include written notification or any other means of communication statewide to all Illinois-based federal firearms manufacturers, federal firearms dealers, or other federal licensees authorized to provide marking services in compliance with the serialization process in subsection (f) in order to educate the public. (h) Exceptions. This Section does not apply to an unserialized unfinished frame or receiver or an unserialized firearm that: (1) has been rendered permanently inoperable; (2) is an antique firearm, as defined in 18 U.S.C. | ||
| ||
(3) was manufactured prior to October 22, 1968; (4) is an unfinished frame or receiver and is | ||
| ||
(5) is possessed by a person who received the | ||
| ||
(i) Penalties. (1) A person who violates subsection (c) or (d) is | ||
| ||
(2) A person who violates subsection (b) is guilty of | ||
| ||
(Source: P.A. 102-889, eff. 5-18-22.) |
(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 Illinois 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. 102-538, eff. 8-20-21.)
|
(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)
Sec. 24-8. Firearm evidence.
(a) Upon recovering a firearm from the possession
of anyone who is not permitted by federal or State
law
to possess a firearm, a 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 law enforcement agency shall use the best
available
information, including a firearms trace, to determine prior
ownership of
the firearm.
(b) Law enforcement shall, when appropriate, use the National
Tracing Center of the
Federal
Bureau of Alcohol, Tobacco and Firearms and the National Crime Information Center of the Federal Bureau of Investigation in complying with subsection (a) of
this Section.
(c) Law enforcement agencies shall use the Illinois 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. (d) Whenever a law enforcement agency recovers a fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime, the law enforcement agency shall submit the evidence to the National Integrated Ballistics Information Network (NIBIN) or an Illinois State Police laboratory for NIBIN processing. Whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the NIBIN that was: (i) unlawfully possessed, (ii) used for any unlawful purpose, (iii) recovered from the scene of a crime, (iv) is reasonably believed to have been used or associated with the commission of a crime, or (v) is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing.
When practicable, all NIBIN-suitable evidence and NIBIN-suitable test fires from recovered firearms shall be entered into the NIBIN within 2 business days of submission to Illinois State Police laboratories that have NIBIN access or another NIBIN site. Exceptions to this may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement.
Illinois State Police laboratories that do not have NIBIN access shall submit NIBIN-suitable evidence and test fires to an Illinois State Police laboratory with NIBIN access. Upon receipt at the laboratory with NIBIN access, when practicable, the evidence and test fires shall be entered into the NIBIN within 2 business days. Exceptions to this 2 business-day requirement may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement.
Nothing in this Section shall be interpreted to conflict with standards and policies for NIBIN sites as promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives or successor agencies.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(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 | ||
| ||
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable | ||
| ||
(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 | ||
| ||
(2) to any firearm obtained by a minor under the age | ||
| ||
(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) 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 | ||
| ||
(ii) designed to prevent the handgun from being | ||
| ||
(2) An integrated mechanical safety, disabling, or | ||
| ||
(i) built into the handgun; and (ii) designed to prevent the handgun from being | ||
| ||
(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 | ||
| ||
(i) personnel of any unit of the federal | ||
| ||
(ii) members of the armed forces of the United | ||
| ||
(iii) law enforcement personnel of the State or | ||
| ||
(iv) an organization that is required by federal | ||
| ||
(2) a firearm modified to be permanently inoperative; (3) the sale or transfer of a handgun by a federally | ||
| ||
(4) the sale or transfer of a handgun by a federally | ||
| ||
(5) an antique firearm.
(Source: P.A. 94-390, eff. 1-1-06.) |
(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 heading)
ARTICLE 24.5.
NITROUS OXIDE
|
(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)
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 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 heading) ARTICLE 24.8. AIR RIFLES
(Source: P.A. 97-1108, eff. 1-1-13.) |
(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) 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) 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) 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 | ||
| ||
(2) Used by the person and he or she is a duly | ||
| ||
(3) Used in or on any private grounds or residence | ||
| ||
(Source: P.A. 97-1108, eff. 1-1-13.) |
(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 | ||
| ||
(Source: P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/24.8-5) Sec. 24.8-5. Sentence. A violation of this Article is a
petty offense. The Illinois 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. 102-538, eff. 8-20-21.) |
(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 heading) ARTICLE 25.
MOB ACTION AND RELATED OFFENSES
|
(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 | ||
| ||
(2) the knowing assembly of 2 or more persons with | ||
| ||
(3) the knowing assembly of 2 or more persons, | ||
| ||
(b) Sentence. (1) Mob action in violation of paragraph (1) of | ||
| ||
(2) Mob action in violation of paragraphs (2) and (3) | ||
| ||
(3) A participant in a mob action that by violence | ||
| ||
(4) A participant in a mob action who does not | ||
| ||
(5) In addition to any other sentence that may be | ||
| ||
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)
|
(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) (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)
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)
(was 720 ILCS 5/25-1.1)
Sec. 25-5. Unlawful participation in streetgang related activity.
(a) A person commits unlawful participation in streetgang related activity
when he or she knowingly commits any act in furtherance of streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act after having been:
(1) sentenced to probation, conditional discharge, or | ||
| ||
(2) released on bond for any criminal offense with a | ||
| ||
(3) ordered by a judge in any non-criminal proceeding | ||
| ||
(4) released from the Illinois Department of | ||
| ||
(b) Unlawful participation in streetgang related activity is a Class A misdemeanor.
(c) (Blank).
(Source: P.A. 100-279, eff. 1-1-18 .)
|
(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 heading) ARTICLE 26.
DISORDERLY CONDUCT
|
(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 | ||
| ||
(2) Transmits or causes to be transmitted in any | ||
| ||
(3) Transmits or causes to be transmitted in any | ||
| ||
(3.5) Transmits or causes to be transmitted in any | ||
| ||
(4) Transmits or causes to be transmitted in any | ||
| ||
(5) Transmits or causes to be transmitted in any | ||
| ||
(6) Calls or texts the number "911" or transmits or | ||
| ||
(7) Transmits or causes to be transmitted in any | ||
| ||
(8) Transmits or causes to be transmitted in any | ||
| ||
(9) Transmits or causes to be transmitted in any | ||
| ||
(10) Transmits or causes to be transmitted in any | ||
| ||
(11) Enters upon the property of another and for a | ||
| ||
(12) While acting as a collection agency as defined | ||
| ||
(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 that requires an emergency response 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 response. If the court determines that the person convicted of disorderly conduct that requires an emergency response to a school is indigent, the provisions of this subsection (d) do not apply. (e) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply. (f) For the purposes of this Section, "emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 103-366, eff. 1-1-24 .) |
(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) (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 | ||
| ||
(2) Interference with emergency communication, where | ||
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(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 | ||
| ||
(2) "Person" means an individual, public or private | ||
| ||
(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) (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's intimate parts
for the purpose of viewing the body of or the undergarments worn by that other
person
without that person's consent. For the purposes of this subsection (a-10), "intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.
(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 | ||
| ||
(2) The making of a video record or transmission of | ||
| ||
(3) The making of a video record or transmission of | ||
| ||
(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-15) or (a-20) is a | ||
| ||
(2) A violation of subsection (a), (a-5), (a-6), or | ||
| ||
(3) A violation of subsection (a-25) is a Class 3 | ||
| ||
(4) A violation of subsection (a), (a-5), (a-6), | ||
| ||
(5) A violation of subsection (a-25) is a Class 2 | ||
| ||
(e) For purposes of this Section:
(1) "Residence" includes a rental dwelling, but does | ||
| ||
(2) "Video record" means and includes any | ||
| ||
(Source: P.A. 102-567, eff. 1-1-22 .)
|
(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 | ||
| ||
(2) provide any person or public or private | ||
| ||
(3) disclose the television viewing habits of any | ||
| ||
(4) install or maintain a home-protection scanning | ||
| ||
(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)
(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) 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, | ||
| ||
(2) "Funeral site" means a church, synagogue, mosque, | ||
| ||
(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 | ||
| ||
(2) displays, with knowledge of the existence of a | ||
| ||
(3) with knowledge of the existence of a funeral | ||
| ||
(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) 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 | ||
| ||
"Laser" means both of the following: (1) any device that utilizes the natural | ||
| ||
(2) any device designed or used to amplify | ||
| ||
"Laser pointer" means a hand-held device that emits | ||
| ||
"Laser sight" means a laser pointer that can be | ||
| ||
(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 | ||
| ||
(2) aims and discharges a laser or other device that | ||
| ||
(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 | ||
| ||
(2) members or elements of the Department of Defense | ||
| ||
(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 heading) ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS
(Source: P.A. 97-1108, eff. 1-1-13.) |
(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) 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) 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 | ||
| ||
(2) Making a telephone call, whether or not | ||
| ||
(3) Making or causing the telephone of another | ||
| ||
(4) Making repeated telephone calls, during which | ||
| ||
(5) Making a telephone call or knowingly inducing a | ||
| ||
(6) Knowingly permitting any telephone under one's | ||
| ||
(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) 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 | ||
| ||
(2) Interrupting, with the intent to harass, the | ||
| ||
(3) Transmitting to any person, with the intent to | ||
| ||
(4) Transmitting an electronic communication or | ||
| ||
(5) Threatening injury to the person or to the | ||
| ||
(6) Knowingly permitting any electronic | ||
| ||
(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) 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) 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 | ||
| ||
(2) The person has previously violated the harassment | ||
| ||
(3) At the time of the offense, the offender was | ||
| ||
(4) In the course of the offense, the offender | ||
| ||
(5) The person has been convicted in the last 10 | ||
| ||
(6) The person violates paragraph (5) of Section | ||
| ||
(7) The person was at least 18 years of age at the | ||
| ||
(c) The court may order any person
convicted under this Article to submit to a psychiatric examination.
(Source: P.A. 101-652, eff. 1-1-23 .) |
(720 ILCS 5/Art. 28 heading) ARTICLE 28.
GAMBLING AND RELATED OFFENSES
|
(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 | ||
| ||
(2) knowingly makes a wager upon the result of any | ||
| ||
(3) knowingly operates, keeps, owns, uses, purchases, | ||
| ||
(4) contracts to have or give himself or herself or | ||
| ||
(5) knowingly owns or possesses any book, instrument | ||
| ||
(6) knowingly sells pools upon the result of any game | ||
| ||
(7) knowingly sets up or promotes any lottery or | ||
| ||
(8) knowingly sets up or promotes any policy game or | ||
| ||
(9) knowingly drafts, prints or publishes any lottery | ||
| ||
(10) knowingly advertises any lottery or policy game, | ||
| ||
(11) knowingly transmits information as to wagers, | ||
| ||
(12) knowingly establishes, maintains, or operates an | ||
| ||
(b) Participants in any of the following activities shall not be
convicted of gambling:
(1) Agreements to compensate for loss caused by the | ||
| ||
(2) Offers of prizes, award or compensation to the | ||
| ||
(3) Pari-mutuel betting as authorized by the law of | ||
| ||
(4) Manufacture of gambling devices, including the | ||
| ||
(5) The game commonly known as "bingo", when | ||
| ||
(6) Lotteries when conducted by the State of Illinois | ||
| ||
(6.1) The purchase of lottery tickets through the | ||
| ||
(7) Possession of an antique slot machine that is | ||
| ||
(8) Raffles and poker runs when conducted in | ||
| ||
(8.1) The purchase of raffle chances for a raffle | ||
| ||
(9) Charitable games when conducted in accordance | ||
| ||
(10) Pull tabs and jar games when conducted under the | ||
| ||
(11) Gambling games when authorized by the Illinois | ||
| ||
(12) Video gaming terminal games at a licensed | ||
| ||
(13) Games of skill or chance where money or other | ||
| ||
(14) Savings promotion raffles authorized under | ||
| ||
(15) Sports wagering when conducted in accordance | ||
| ||
(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. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
|
(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 | ||
| ||
(2) written "policy game" records, made or used over | ||
| ||
(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 | ||
| ||
(2) Offers of prizes, award or compensation to the | ||
| ||
(3) Pari-mutuel betting as authorized by law of this | ||
| ||
(4) Manufacture of gambling devices, including the | ||
| ||
(5) Raffles and poker runs when conducted in | ||
| ||
(6) Gambling games conducted on riverboats, in | ||
| ||
(7) Video gaming terminal games at a licensed | ||
| ||
(8) Savings promotion raffles authorized under | ||
| ||
(f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 101-31, eff. 6-28-19.)
|
(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 | ||
| ||
(2) Vending machines by which full and adequate | ||
| ||
(3) A crane game. For the purposes of this paragraph | ||
| ||
(4) A redemption machine. For the purposes of this | ||
| ||
(A) The outcome of the game is predominantly | ||
| ||
(B) The award of the prize is based solely upon | ||
| ||
(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu | ||
| ||
(E) The redemption value of tickets, tokens, and | ||
| ||
(5) Video gaming terminals at a licensed | ||
| ||
(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" has the meaning ascribed to the term in Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5. (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, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
(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. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(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 Illinois Gambling Act, the Sports Wagering 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 | ||
| ||
(b) All licenses, permits or certificates issued by | ||
| ||
(c) Such premises of any person who knowingly permits | ||
| ||
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-558, eff. 8-20-21.)
|
(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) (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 Illinois 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, casino gambling operation, or organization gaming facility or used to train occupational licensees of a riverboat gambling
operation, casino gambling operation, or organization gaming facility as authorized under the Illinois 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 Illinois Gambling Act which are removed
from a riverboat, casino, or organization gaming facility 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 | ||
| ||
(2) Video gaming terminals used to train licensed | ||
| ||
(3) Video gaming terminals that are removed from a | ||
| ||
(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (i) Any sports lottery terminals provided by a central system provider that are removed from a lottery retailer for repair under the Sports Wagering Act are exempt from seizure under this Section. (Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
|
(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, a casino gambling operation, or an organization gaming licensee under the Illinois Gambling
Act and the Illinois Horse Racing Act of 1975 from instituting a cause of
action to collect any amount due and owing under an extension of credit to a
gambling patron as authorized under Section 11.1 of the Illinois
Gambling Act.
(Source: P.A. 101-31, eff. 6-28-19.)
|
(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) (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 heading) ARTICLE 29.
BRIBERY IN CONTESTS
|
(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) (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) (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 heading) ARTICLE 29A.
COMMERCIAL BRIBERY
|
(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) (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) (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)
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 heading) ARTICLE 29B.
MONEY LAUNDERING
|
(720 ILCS 5/29B-0.5) Sec. 29B-0.5. Definitions. In this Article: "Conduct" or "conducts" includes, in addition to its ordinary
meaning, initiating, concluding, or participating in initiating or concluding
a transaction. "Criminally derived property" means: (1) 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 (2) 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. "Director" means the Director of the Illinois State Police or his or her designated agents. "Financial institution" means any bank; savings 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. "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.
"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
Article. "Form 4-64" means the Illinois State Police Notice/Inventory of Seized Property (Form 4-64). "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. "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 a form that title passes upon
delivery. "Specified criminal activity" means any violation of Section 29D-15.1 and any violation of Article 29D of this Code. "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering. (a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a | ||
| ||
(A) with the intent to promote the carrying on | ||
| ||
(B) where he or she knows or reasonably should | ||
| ||
(i) to conceal or disguise the nature, the | ||
| ||
(ii) to avoid a transaction reporting | ||
| ||
(1.5) when he or she transports, transmits, or | ||
| ||
(A) with the intent to promote the carrying on of | ||
| ||
(B) knowing, or having reason to know, that the | ||
| ||
(i) to conceal or disguise the nature, the | ||
| ||
(ii) to avoid a transaction reporting | ||
| ||
(2) when, with the intent to:
(A) promote the carrying on of a specified | ||
| ||
(B) conceal or disguise the nature, location, | ||
| ||
(C) avoid a transaction reporting requirement | ||
| ||
he or she conducts or attempts to conduct a financial | ||
| ||
(b) (Blank).
(c) Sentence.
(1) Laundering of criminally derived property of a | ||
| ||
(2) Laundering of criminally derived property of a | ||
| ||
(3) Laundering of criminally derived property of a | ||
| ||
(4) Money laundering in violation of subsection | ||
| ||
(5) Laundering of criminally derived property of a | ||
| ||
(6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||
| ||
(A) Laundering of property of a value not | ||
| ||
(B) Laundering of property of a value exceeding | ||
| ||
(C) Laundering of property of a value exceeding | ||
| ||
(D) Laundering of property of a value exceeding | ||
| ||
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)
|
(720 ILCS 5/29B-2) Sec. 29B-2. Evidence in money laundering prosecutions. 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 | ||
| ||
(2) a financial transaction was conducted or | ||
| ||
(3) a falsely altered or completed written instrument | ||
| ||
(4) a financial transaction was structured or | ||
| ||
(5) a money transmitter, a person engaged in a trade | ||
| ||
(6) the criminally derived property is transported or | ||
| ||
(7) a person pays or receives substantially less than | ||
| ||
(8) a person engages in a transaction involving one | ||
| ||
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-3) Sec. 29B-3. Duty to enforce this Article. (a) It is the duty of the Illinois State Police, and its agents, officers, and investigators, to enforce this Article, except those provisions otherwise 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. (b) An agent, officer, investigator, or peace officer designated by the Director may: (1) make seizure of property under this Article; and (2) perform 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.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-4) Sec. 29B-4. Protective orders and warrants for forfeiture purposes. (a) 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 Section 29B-5 of this Article for forfeiture under this Article: (1) upon the filing of an indictment, information, or | ||
| ||
(2) prior to the filing of the indictment, | ||
| ||
(A) there is probable cause to believe that the | ||
| ||
(B) the need to preserve the availability of the | ||
| ||
Provided, however, that an order entered under | ||
| ||
(b) A temporary restraining order under this subsection (b) 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 Article and that provision of notice will jeopardize the availability of the property for forfeiture. The 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 subsection (b) shall be held at the earliest possible time and prior to the expiration of the temporary order. (c) The court may receive and consider, at a hearing held under this Section, evidence and information that would be inadmissible under the Illinois rules of evidence. (d) Under 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. Failure to comply with an order under this Section is punishable as a civil or criminal contempt of court. (e) The State may request the issuance of a warrant authorizing the seizure of property described in Section 29B-5 of this Article 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 that property.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-5) Sec. 29B-5. Property subject to forfeiture. The following are subject to forfeiture: (1) any property, real or personal, constituting, | ||
| ||
(2) any of the person's property used, or intended to | ||
| ||
(3) all conveyances, including aircraft, vehicles, or | ||
| ||
(A) no conveyance used by any person as a common | ||
| ||
(B) no conveyance is subject to forfeiture under | ||
| ||
(C) a forfeiture of a conveyance encumbered by a | ||
| ||
(4) all real property, including any right, title, | ||
| ||
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-6) Sec. 29B-6. Seizure. (a) 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: (1) if the seizure is incident to a seizure warrant; (2) if the property subject to seizure has been the | ||
| ||
(3) if there is probable cause to believe that the | ||
| ||
(4) if there is probable cause to believe that the | ||
| ||
(5) in accordance with the Code of Criminal Procedure | ||
| ||
(b) In the event of seizure under subsection (a) of this Section, forfeiture proceedings shall be instituted in accordance with this Article. (c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-7) Sec. 29B-7. Safekeeping of seized property pending disposition. (a) If 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: (1) place the property under seal; (2) remove the property to a place designated by the | ||
| ||
(3) keep the property in the possession of the | ||
| ||
(4) remove the property to a storage area for | ||
| ||
(5) place the property under constructive seizure by | ||
| ||
(6) provide for another agency or custodian, | ||
| ||
(b) When property is forfeited under this Article, the Director shall sell all the property unless the 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, under Section 29B-26 of this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-8) Sec. 29B-8. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, within 60 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. If 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 the vehicle. This notice shall be by Form 4-64.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-9) Sec. 29B-9. Preliminary review. (a) Within 28 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may conduct the review under subsection (a) of this Section simultaneously with a proceeding under Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a) of this Section. (e) Upon a finding of probable cause as required under this Section, the circuit court shall order the property subject to the applicable forfeiture Act held until the conclusion of any forfeiture proceeding.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-10) Sec. 29B-10. Notice to owner or interest holder. (a) The first attempted service of notice shall be commenced within 28 days of the latter of filing of the verified claim or the receipt of the notice from the seizing agency by Form 4-64. A complaint for forfeiture or a notice of pending forfeiture shall be served on a claimant if the owner's or interest holder's name and current address are known, then by either: (1) personal service; or (2) mailing a copy of the notice by certified mail, return receipt requested, and first class mail to that address. (b) If no signed return receipt is received by the State's Attorney within 28 days of mailing or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall, within a reasonable period of time, mail a second copy of the notice by certified mail, return receipt requested, and first class mail to that address. If no signed return receipt is received by the State's Attorney within 28 days of the second mailing, or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall have 60 days to attempt to serve the notice by personal service, including substitute service by leaving a copy at the usual place of abode with some person of the family or a person residing there, of the age of 13 years or upwards. If, after 3 attempts at service in this manner, no service of the notice is accomplished, the notice shall be posted in a conspicuous manner at the address and service shall be made by the posting. The attempts at service and the posting, if required, shall be documented by the person attempting service which shall be made part of a return of service returned to the State's Attorney. The State's Attorney may utilize any Sheriff or Deputy Sheriff, a peace officer, a private process server or investigator, or an employee, agent, or investigator of the State's Attorney's Office to attempt service without seeking leave of court. (c) After the procedures listed are followed, service shall be effective on the owner or interest holder on the date of receipt by the State's Attorney of a return receipt, or on the date of receipt of a communication from an owner or interest holder documenting actual notice, whichever is first in time, or on the date of the last act performed by the State's Attorney in attempting personal service. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, 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. If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. (d) If the owner's or interest holder's address is not known, and is not on record as provided in this Section, service by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred shall suffice for service requirements. (e) Notice to any business entity, corporation, limited liability company, limited liability partnership, or partnership shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. (f) Notice to a person whose address is not within the State shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class
mail to that address. This notice is complete regardless of the return of a signed return receipt. (g) Notice to a person whose address is not within the United States shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. If certified mail is not available in the foreign country where the person has an address, notice shall proceed by publication requirements under subsection (d) of this Section. (h) Notice to a person whom the State's Attorney reasonably should know is incarcerated within this State shall also include mailing a copy of the notice by certified mail, return receipt requested, and first class mail to the address of the detention facility with the inmate's name clearly marked on the envelope. (i) After a claimant files a verified claim with the State's Attorney and provides an address at which the claimant will accept service, the complaint shall be served and notice shall be complete upon the mailing of the complaint to the claimant at the address the claimant provided via certified mail, return receipt requested, and first class mail. No return receipt need be received, or any other attempts at service need be made to comply with service and notice requirements under this Section. This certified mailing, return receipt requested, shall be proof of service of the complaint on the claimant. If notice is to be shown by actual notice from communication with a claimant, then the State's Attorney shall file an affidavit as proof of service, providing details of the communication, which shall be accepted as proof of service by the court. (j) If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded by mailing a copy of the notice by certified mail, return receipt requested, to that address. (k) Notice served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-11) Sec. 29B-11. Replevin prohibited. Property taken or detained under this Article 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.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-12) Sec. 29B-12. 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 Section 29B-13 of this Article within 28 days from receipt of notice of seizure from the seizing agency under Section 29B-8 of this Article. 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 | ||
| ||
(2) The notice of pending forfeiture shall include a | ||
| ||
(3)(A) Any person claiming an interest in property | ||
| ||
(i) the caption of the proceedings as set forth | ||
| ||
(ii) the address at which the claimant will | ||
| ||
(iii) the nature and extent of the claimant's | ||
| ||
(iv) the date, identity of the transferor, and | ||
| ||
(v) the names and addresses of all other persons | ||
| ||
(vi) the specific provision of law relied on in | ||
| ||
(vii) all essential facts supporting each | ||
| ||
(viii) the relief sought. (B) If a claimant files the claim, then the State's | ||
| ||
(4) If no claim is filed within the 28-day period as | ||
| ||
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under 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 under paragraph (3) of Section 29B-12 of this Article, the following judicial in rem procedures shall apply: (1) If, after a review of the facts surrounding the | ||
| ||
(2) A complaint of forfeiture shall include: (A) a description of the property seized; (B) the date and place of seizure of the | ||
| ||
(C) the name and address of the law enforcement | ||
| ||
(D) the specific statutory and factual grounds | ||
| ||
(3) The complaint shall be served upon the person | ||
| ||
"This is a civil court proceeding subject to the Code | ||
| ||
(4) Forfeiture proceedings under this Article shall | ||
| ||
(5) Only an owner of or interest holder in the | ||
| ||
(6) The answer must be signed by the owner or | ||
| ||
(A) the caption of the proceedings as set forth | ||
| ||
(B) the address at which the claimant will accept | ||
| ||
(C) the nature and extent of the claimant's | ||
| ||
(D) the date, identity of transferor, and | ||
| ||
(E) the names and addresses of all other persons | ||
| ||
(F) all essential facts supporting each | ||
| ||
(G) the precise relief sought; and (H) in a forfeiture action involving currency or | ||
| ||
The answer shall follow the rules under the Code of | ||
| ||
(7) The answer shall be filed with the court within | ||
| ||
(8) The hearing shall be held within 60 days after | ||
| ||
(9) At the judicial in rem proceeding, in the State's | ||
| ||
(A) that the property is subject to forfeiture; | ||
| ||
(B) at least one of the following: (i) that the claimant was legally accountable | ||
| ||
(ii) that the claimant knew or reasonably | ||
| ||
(iii) that the claimant knew or reasonably | ||
| ||
(iv) that the claimant held the property for | ||
| ||
(v) that if the claimant acquired the | ||
| ||
(a) the claimant did not acquire it as a | ||
| ||
(b) the claimant acquired the interest | ||
| ||
(vi) that the claimant is not the true owner | ||
| ||
(10) If the State does not meet its burden to show | ||
| ||
(11) A defendant convicted in any criminal proceeding | ||
| ||
(12) On a motion by the parties, the court may stay | ||
| ||
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-14) Sec. 29B-14. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific facts that support each assertion: (1) that the claimant filing the motion is the true | ||
| ||
(2) that the claimant was not legally accountable for | ||
| ||
(3) that the claimant did not solicit, conspire, or | ||
| ||
(4) that the claimant did not know or did not have | ||
| ||
(5) that the claimant did not hold the property for | ||
| ||
(b) The claimant's motion shall include specific facts supporting these assertions. (c) Upon this filing, a hearing may only be conducted after the parties have been given the opportunity to conduct limited discovery as to the ownership and control of the property, the claimant's knowledge, or any matter relevant to the issues raised or facts alleged in the claimant's motion. Discovery shall be limited to the People's requests in these areas but may proceed by any means allowed in the Code of Civil Procedure. (1) After discovery is complete and the court has | ||
| ||
(2) At the hearing on the motion, it shall be the | ||
| ||
(3) If a claimant meets his or her burden of proof, | ||
| ||
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-15) Sec. 29B-15. Burden and commencement of forfeiture action. (a) Notwithstanding any other provision of this Article, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if: (1) a finding of not guilty is entered as to all | ||
| ||
(2) the State receives an adverse finding at a | ||
| ||
(b) All property declared forfeited under this Article vests in the State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Except as otherwise provided in this Article, title to any property or proceeds subject to forfeiture subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the person to whom the property was transferred makes an appropriate claim and has his or her claim adjudicated at the judicial in rem hearing. (c) A civil action under this Article shall 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.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-16) Sec. 29B-16. Joint tenancy or tenancy in common. If property is ordered forfeited under this Section from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner's interest in the property according to principles of property law.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-17) Sec. 29B-17. Exception for bona fide purchasers. No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bona fide purchaser for value. A person who purports to effect transfer of property after receiving actual or constructive notice that the property is subject to seizure or forfeiture is guilty of contempt of court and shall be liable to the State for a penalty in the amount of the fair market value of the property.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-18) Sec. 29B-18. Proportionality. Property that is forfeited shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment as interpreted by case law.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-19) Sec. 29B-19. 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.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-20) Sec. 29B-20. 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. All proceeds from a settlement agreement shall be tendered to the Illinois State Police and distributed under Section 29B-26 of this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-21) Sec. 29B-21. Attorney's fees. Nothing in this Article applies to property that 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 if the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and if the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 102-558, eff. 8-20-21.) |
(720 ILCS 5/29B-22) Sec. 29B-22. Construction. (a) 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 under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law. (b) The changes made to this Article by Public Act 100-512 and Public Act 100-699 are subject to Section 2 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-23) Sec. 29B-23. Judicial review. If property has been declared forfeited under Section 29B-12 of this Article, 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 as described in paragraph (3) of Section 29B-12 of this Article. If a claim is filed under this Section, then the procedures described in Section of 29B-13 of this Article apply.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-24) Sec. 29B-24. 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 under the provisions of the Administrative Review Law and the rules adopted under 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. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-25) Sec. 29B-25. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exceed 7 days, unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason. (b) The law enforcement agency that holds custody of property is responsible for any damages, storage fees, and related costs applicable to property returned. The claimant shall not be subject to any charges by the State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This Section does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government. (c) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use and the justification shall be retained for a period of not less than 3 years. (d) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in a non-judicial forfeiture action, or a motion with the court in a judicial forfeiture action for the return of any personal property contained within a conveyance that is seized under this Article. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. Any law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if it is returned to an improper party.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-26) Sec. 29B-26. Distribution of proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Article shall be distributed as follows: (1) 65% shall be distributed to the metropolitan | ||
| ||
(2)(i) 12.5% shall be distributed to the Office of | ||
| ||
(ii) 12.5% shall be distributed to the Office of the | ||
| ||
(3) 10% shall be retained by the Illinois State | ||
| ||
Moneys and the sale proceeds distributed to the Illinois 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 Illinois State Police for State law enforcement purposes. All moneys and sale proceeds of property forfeited and seized under this Article and distributed according to this Section may also be used to purchase opioid antagonists as defined in Section 5-23 of the Substance Use Disorder Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-27) Sec. 29B-27. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(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)
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)
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)
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 heading) ARTICLE 29D.
TERRORISM
|
(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)
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 | ||
| ||
(2) expose any animal in this State to any contagious | ||
| ||
(3) deliver any poultry that is infected with any | ||
| ||
(4) except as permitted under the Insect Pest and | ||
| ||
(5) expose any raw agricultural commodity, animal | ||
| ||
"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 | ||
| ||
(3) provide the person with money, transportation, a | ||
| ||
(4) prevent or obstruct, by means of force, | ||
| ||
(5) suppress, by any act of concealment, alteration, | ||
| ||
(6) aid the person to protect or expeditiously profit | ||
| ||
(7) provide expert services or expert assistance to | ||
| ||
(Source: P.A. 96-1028, eff. 1-1-11.)
|
(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 | ||
| ||
(2) he or she, while outside this State, knowingly | ||
| ||
(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 and the person has attained the age of 18 years at the time of the commission of the offense. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16 .)
|
(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)
(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)
(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)
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)
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)
(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)
Sec. 29D-30.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
|
(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. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16 .)
|
(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)
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)
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)
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.)
|
(720 ILCS 5/29D-65)
Sec. 29D-65. Forfeiture of property acquired in connection with a violation of this Article; property freeze or seizure. (a) If there is probable cause to believe that a person used, is using, is about to use, or is intending to use property in a way that would violate this Article, then that person's assets may be frozen or seized pursuant to Part 800 of Article 124B of the Code of Criminal Procedure of 1963.
(b)
Any person who commits any offense under this Article is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. Forfeiture under this subsection may be
pursued in addition to or in lieu of proceeding under
Section 124B-805 (property freeze or seizure; ex parte proceeding) of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10.)
|
(720 ILCS 5/29D-70)
Sec. 29D-70.
Severability.
If any clause, sentence, Section,
provision, or part of this Article or the application thereof to any person or
circumstance shall be adjudged to be unconstitutional, the remainder of this
Article or its application to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby.
(Source: P.A. 92-854, eff. 12-5-02.)
|
(720 ILCS 5/Tit. III Pt. E heading) PART E.
OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
|
(720 ILCS 5/Art. 30 heading) ARTICLE 30.
TREASON AND RELATED OFFENSES
|
(720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
Sec. 30-1. Treason. (a) A person owing allegiance to this
State commits treason when he or she knowingly:
(1) levies war against this State; or
(2) adheres to the enemies of this State, giving them | ||
| ||
(b) No person may be convicted of treason except on the
testimony of 2 witnesses to the same overt act, or on his
confession in open court.
(c) Sentence. Treason is a Class X felony.
(Source: P.A. 103-51, eff. 1-1-24 .)
|
(720 ILCS 5/30-2) (from Ch. 38, par. 30-2)
Sec. 30-2. Misprision of treason.
(a) A person owing allegiance to this State commits misprision of
treason when he or she knowingly conceals or withholds his or her knowledge that another has
committed treason against this State.
(b) Sentence.
Misprision of treason is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/30-3) (from Ch. 38, par. 30-3)
Sec. 30-3.
Advocating overthrow of Government.
A person who advocates, or with knowledge of its contents knowingly
publishes, sells or distributes any document which advocates or with
knowledge of its purpose, knowingly becomes a member of any organization
which advocates the overthrow or reformation of the existing form of
government of this State by violence or unlawful means commits a Class 3
felony.
(Source: P.A. 77-2638.)
|
(720 ILCS 5/Art. 31 heading) ARTICLE 31.
INTERFERENCE WITH PUBLIC OFFICERS
|
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional
institution employee. (a) A person who knowingly: (1) resists arrest, or (2) obstructs the performance by one known to the | ||
| ||
(a-5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional
institution employee to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service.
(a-7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer, firefighter, or correctional
institution employee is guilty of a Class 4
felony.
(b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half-way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised
release, or awaiting a hearing or preliminary hearing on setting the conditions of pretrial release, or who
are
sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person, pipe person, and any
other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person. (d) A person shall not be subject to arrest for resisting arrest under this Section unless there is an underlying offense for which the person was initially subject to arrest. (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21 .)
|
(720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
Sec. 31-1a. Disarming a peace officer or correctional institution
employee. (a) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31-1,
takes a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 1 felony.
(b) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31-1,
attempts to take a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 2 felony. (Source: P.A. 96-348, eff. 8-12-09.)
|
(720 ILCS 5/31-3) (from Ch. 38, par. 31-3)
Sec. 31-3.
Obstructing service of process.
Whoever knowingly resists or obstructs the authorized service or
execution of any civil or criminal process or order of any court commits a
Class B misdemeanor.
(Source: P.A. 77-2638.)
|
(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he or she knowingly commits
any of the following acts:
(1) Destroys, alters, conceals or disguises physical | ||
| ||
(2) Induces a witness having knowledge material to | ||
| ||
(3) Possessing knowledge material to the subject at | ||
| ||
(4) If a parent, legal guardian, or caretaker of a | ||
| ||
(b) Sentence.
(1) Obstructing justice is a Class 4 felony, except | ||
| ||
(2) Obstructing justice in furtherance of streetgang | ||
| ||
(Source: P.A. 97-1079, eff. 1-1-13.)
|
(720 ILCS 5/31-4.5) Sec. 31-4.5. Obstructing identification. (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the | ||
| ||
(b) Sentence. Obstructing identification is a Class A misdemeanor.
(Source: P.A. 96-335, eff. 1-1-10.) |
(720 ILCS 5/31-5) (from Ch. 38, par. 31-5)
Sec. 31-5. Concealing or aiding a fugitive.
(a) Every person not standing in the relation of husband, wife, parent,
child, brother or sister to the offender, who, with intent to prevent the
apprehension of the offender, conceals his knowledge that an offense has
been committed or harbors, aids or conceals the offender, commits a Class 4
felony. (b) Every person, 18 years of age or older, who, with
intent to prevent the apprehension of the offender, aids or
assists the offender, by some volitional act, in fleeing the
municipality, county, State, country, or other defined
jurisdiction in which the offender is to be arrested, charged,
or prosecuted, commits a Class 4 felony.
(Source: P.A. 97-741, eff. 1-1-13.)
|
(720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
Sec. 31-6. Escape; failure to report to a penal institution or to report
for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a
felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody
of an employee of that institution commits a Class 2 felony; however, a person
convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or
to report for periodic imprisonment at any time or knowingly fails to return
from furlough or from work and day release or who knowingly fails to abide
by the terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with the
commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person convicted
of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to
report for periodic imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails to abide by
the terms of home confinement is guilty of a Class B misdemeanor.
(b-1) A person in the custody of the Department of Human Services under the
provisions of the Sexually Violent Persons Commitment Act under a detention order, commitment order, conditional release order, or other court order who intentionally
escapes from any secure residential facility or from a Department employee or any of its agents commits a Class 2 felony.
(c) A person in the lawful custody of a peace officer for the alleged
commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody
commits a Class 2 felony; however, a person in the lawful custody of a
peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who
intentionally escapes from custody commits a Class A misdemeanor.
(c-5) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of probation, conditional discharge, parole, aftercare release,
or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes
from custody is guilty of a Class 2 felony.
(c-6) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of supervision, probation, or conditional
discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is
guilty of a Class A misdemeanor.
(d) A person who violates this Section
while armed with a dangerous weapon commits a Class 1 felony.
(Source: P.A. 98-558, eff. 1-1-14; 98-770, eff. 1-1-15 .)
|
(720 ILCS 5/31-7) (from Ch. 38, par. 31-7)
Sec. 31-7. Aiding escape.
(a) Whoever, with intent to aid any prisoner in
escaping from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits a Class A
misdemeanor.
(b) Whoever knowingly aids a person convicted of a felony or charged
with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in escaping from any penal institution or
from the custody of any employee of that institution commits a Class 2
felony; however, whoever knowingly aids a person convicted of a felony
or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in failing to return from furlough
or from work and day release is guilty of a Class 3 felony.
(c) Whoever knowingly aids a person convicted of a misdemeanor or
charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in escaping from any penal
institution or from the custody of an employee of that institution commits
a Class A misdemeanor; however, whoever knowingly aids a person convicted
of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in failing
to return from furlough or from work and day release is guilty of a Class
B misdemeanor.
(d) Whoever knowingly aids a person in escaping from any public
institution, other than a penal institution, in which he is lawfully
detained, or from the custody of an employee of that institution, commits a
Class A misdemeanor.
(e) Whoever knowingly aids a person in the lawful custody of a peace
officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, in escaping from
custody commits a Class 2 felony; however, whoever knowingly aids a
person in the lawful custody of a peace officer for the alleged commission of
a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, in escaping from custody commits a Class A misdemeanor.
(f) An officer or employee of any penal institution who recklessly
permits any prisoner in his custody to escape commits a Class A
misdemeanor.
(f-5) With respect to a person in the lawful custody of a peace
officer for an alleged violation of a term or condition of probation,
conditional discharge, parole, aftercare release, or mandatory supervised release for a felony,
whoever intentionally aids that person to escape from that custody is guilty of
a Class 2 felony.
(f-6) With respect to a person who is in the lawful custody of a peace
officer for an alleged violation of a term or condition of supervision,
probation, or conditional discharge for a misdemeanor, whoever intentionally
aids that person to escape from that custody is guilty of a Class A
misdemeanor.
(g) A person who violates this Section while armed with a dangerous weapon
commits a Class 2 felony.
(Source: P.A. 98-558, eff. 1-1-14.)
|
(720 ILCS 5/31-8) (from Ch. 38, par. 31-8)
Sec. 31-8.
Refusing
to aid an officer.
Whoever upon command refuses or knowingly fails reasonably to aid a
person known by him to be a peace officer in:
(a) Apprehending a person whom the officer is authorized to apprehend;
or
(b) Preventing the commission by another of any offense, commits a petty
offense.
(Source: P.A. 77-2638.)
|
(720 ILCS 5/31-9)
Sec. 31-9. Obstructing an emergency management worker. A person who
knowingly obstructs the performance by one known to the person to be an
emergency management worker of any authorized act within his or her official
capacity commits a Class A misdemeanor.
(Source: P.A. 94-243, eff. 1-1-06.) |
(720 ILCS 5/Art. 31A heading) ARTICLE 31A.
INTERFERENCE WITH PENAL INSTITUTION
|
(720 ILCS 5/31A-0.1) Sec. 31A-0.1. Definitions. For the purposes of this Article: "Deliver" or "delivery" means the actual, constructive or attempted
transfer of possession of an item of contraband, with or without consideration,
whether or not there is an agency relationship. "Employee" means any elected or appointed officer, trustee or
employee of a penal institution or of the governing authority of the penal
institution, or any person who performs services for the penal institution
pursuant to contract with the penal institution or its governing
authority. "Item of contraband" means any of the following: (i) "Alcoholic liquor" as that term is defined in | ||
| ||
(ii) "Cannabis" as that term is defined in subsection | ||
| ||
(iii) "Controlled substance" as that term is defined | ||
| ||
(iii-a) "Methamphetamine" as that term is defined in | ||
| ||
(iv) "Hypodermic syringe" or hypodermic needle, or | ||
| ||
(v) "Weapon" means any knife, dagger, dirk, billy, | ||
| ||
(vi) "Firearm" means any device, by whatever name | ||
| ||
(A) any pneumatic gun, spring gun, or B-B gun | ||
| ||
(B) any device used exclusively for signaling or | ||
| ||
(C) any device used exclusively for the firing of | ||
| ||
(D) any device which is powered by electrical | ||
| ||
(vii) "Firearm ammunition" means any self-contained | ||
| ||
(A) any ammunition exclusively designed for use | ||
| ||
(B) any ammunition designed exclusively for use | ||
| ||
(viii) "Explosive" means, but is not limited to, | ||
| ||
(ix) "Tool to defeat security mechanisms" means, but | ||
| ||
(x) "Cutting tool" means, but is not limited to, | ||
| ||
(xi) "Electronic contraband" for the purposes of | ||
| ||
"Penal institution" means any penitentiary, State farm,
reformatory, prison, jail, house of correction, police detention area,
half-way house or other institution or place for the incarceration or
custody of persons under sentence for offenses awaiting trial or sentence
for offenses, under arrest for an offense, a violation of probation, a
violation of parole, a violation of aftercare release, or a violation of mandatory supervised release, or
awaiting a hearing on the setting of conditions of pretrial release or preliminary hearing; provided that where
the place for incarceration or custody is housed within another public
building this Article shall not apply to that part of the building unrelated
to the incarceration or custody of persons.
(Source: P.A. 101-652, eff. 1-1-23 .) |
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) Sec. 31A-1.1. Bringing Contraband into a Penal Institution;
Possessing Contraband in a Penal Institution. (a) A person commits bringing contraband into a penal
institution when he or she knowingly and without authority of any person designated
or authorized to grant this authority (1) brings an item of contraband into
a penal institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give an
inmate access to the contraband. (b) A person commits possessing contraband in a
penal institution when he or she knowingly possesses contraband in a penal institution,
regardless of the intent with which he or she possesses it. (c) (Blank). (d) Sentence. (1) Bringing into or possessing alcoholic liquor in a | ||
| ||
(2) Bringing into or possessing cannabis in a penal | ||
| ||
(3) Bringing into or possessing any amount of a | ||
| ||
(4) Bringing into or possessing any amount of a | ||
| ||
(5) Bringing into or possessing a hypodermic syringe | ||
| ||
(6) Bringing into or possessing a weapon, tool to | ||
| ||
(7) Bringing into or possessing a firearm, firearm | ||
| ||
(e) It shall be an affirmative defense to subsection
(b), that
the possession was specifically authorized by rule, regulation, or
directive of the governing authority of the penal institution or order
issued under it. (f) It shall be an affirmative defense to subsection (a)(1) and
subsection (b) that the person bringing into or possessing
contraband in a penal institution had been arrested, and that person
possessed the contraband at the time of his
or her arrest, and that the contraband was brought into or possessed in the penal
institution by that person as a direct and immediate result of his or her arrest. (g) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law. (Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.) |