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Illinois Compiled Statutes

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

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

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

720 ILCS 5/26-3

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

720 ILCS 5/26-4

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

720 ILCS 5/26-4.5

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

720 ILCS 5/26-5

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

720 ILCS 5/26-6

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

720 ILCS 5/26-7

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

720 ILCS 5/Art. 26.5

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

720 ILCS 5/26.5-0.1

    (720 ILCS 5/26.5-0.1)
    Sec. 26.5-0.1. Definitions. As used in this Article:
    "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. "Electronic communication" includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.
    "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
    "Harass" or "harassing" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-1

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

720 ILCS 5/26.5-2

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

720 ILCS 5/26.5-3

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

720 ILCS 5/26.5-4

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

720 ILCS 5/26.5-5

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

720 ILCS 5/Art. 28

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

720 ILCS 5/28-1

    (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
    Sec. 28-1. Gambling.
    (a) A person commits gambling when he or she:
        (1) knowingly plays a game of chance or skill for
    
money or other thing of value, unless excepted in subsection (b) of this Section;
        (2) knowingly makes a wager upon the result of any
    
game, contest, or any political nomination, appointment or election;
        (3) knowingly operates, keeps, owns, uses, purchases,
    
exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
        (4) contracts to have or give himself or herself or
    
another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
        (5) knowingly owns or possesses any book, instrument
    
or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
        (6) knowingly sells pools upon the result of any game
    
or contest of skill or chance, political nomination, appointment or election;
        (7) knowingly sets up or promotes any lottery or
    
sells, offers to sell or transfers any ticket or share for any lottery;
        (8) knowingly sets up or promotes any policy game or
    
sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
        (9) knowingly drafts, prints or publishes any lottery
    
ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
        (10) knowingly advertises any lottery or policy game,
    
except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
        (11) knowingly transmits information as to wagers,
    
betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
        (12) knowingly establishes, maintains, or operates an
    
Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6) and (6.1) of subsection (b) of this Section.
    (b) Participants in any of the following activities shall not be convicted of gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
        (3) Pari-mutuel betting as authorized by the law of
    
this State.
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
        (5) The game commonly known as "bingo", when
    
conducted in accordance with the Bingo License and Tax Act.
        (6) Lotteries when conducted by the State of Illinois
    
in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
        (6.1) The purchase of lottery tickets through the
    
Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
        (7) Possession of an antique slot machine that is
    
neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
        (8) Raffles and poker runs when conducted in
    
accordance with the Raffles and Poker Runs Act.
        (9) Charitable games when conducted in accordance
    
with the Charitable Games Act.
        (10) Pull tabs and jar games when conducted under the
    
Illinois Pull Tabs and Jar Games Act.
        (11) Gambling games conducted on riverboats when
    
authorized by the Riverboat Gambling Act.
        (12) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
        (13) Games of skill or chance where money or other
    
things of value can be won but no payment or purchase is required to participate.
        (14) 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) 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. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)

720 ILCS 5/28-1.1

    (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
    Sec. 28-1.1. Syndicated gambling.
    (a) Declaration of Purpose. Recognizing the close relationship between professional gambling and other organized crime, it is declared to be the policy of the legislature to restrain persons from engaging in the business of gambling for profit in this State. This Section shall be liberally construed and administered with a view to carrying out this policy.
    (b) A person commits syndicated gambling when he or she operates a "policy game" or engages in the business of bookmaking.
    (c) A person "operates a policy game" when he or she knowingly uses any premises or property for the purpose of receiving or knowingly does receive from what is commonly called "policy":
        (1) money from a person other than the bettor or
    
player whose bets or plays are represented by the money; or
        (2) written "policy game" records, made or used over
    
any period of time, from a person other than the bettor or player whose bets or plays are represented by the written record.
    (d) A person engages in bookmaking when he or she knowingly receives or accepts more than five bets or wagers upon the result of any trials or contests of skill, speed or power of endurance or upon any lot, chance, casualty, unknown or contingent event whatsoever, which bets or wagers shall be of such size that the total of the amounts of money paid or promised to be paid to the bookmaker on account thereof shall exceed $2,000. Bookmaking is the receiving or accepting of bets or wagers regardless of the form or manner in which the bookmaker records them.
    (e) Participants in any of the following activities shall not be convicted of syndicated gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in the contest;
        (3) Pari-mutuel betting as authorized by law of this
    
State;
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when the transportation is not prohibited by any applicable Federal law;
        (5) Raffles and poker runs when conducted in
    
accordance with the Raffles and Poker Runs Act;
        (6) Gambling games conducted on riverboats when
    
authorized by the Riverboat Gambling Act;
        (7) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act; and
        (8) 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).
    (f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)

720 ILCS 5/28-2

    (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
    Sec. 28-2. Definitions.
    (a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A "gambling device" does not include:
        (1) A coin-in-the-slot operated mechanical device
    
played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property.
        (2) Vending machines by which full and adequate
    
return is made for the money invested and in which there is no element of chance or hazard.
        (3) A crane game. For the purposes of this paragraph
    
(3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than $25.
        (4) A redemption machine. For the purposes of this
    
paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
            (A) The outcome of the game is predominantly
        
determined by the skill of the player.
            (B) The award of the prize is based solely upon
        
the player's achieving the object of the game or otherwise upon the player's score.
            (C) Only merchandise prizes are awarded.
            (D) The wholesale value of prizes awarded in lieu
        
of tickets or tokens for single play of the device does not exceed $25.
            (E) The redemption value of tickets, tokens, and
        
other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
        (5) Video gaming terminals at a licensed
    
establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
    (a-5) "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
    (a-6) "Access" and "computer" have the meanings ascribed to them in Section 16D-2 of this Code.
    (b) A "lottery" is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name, 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. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16.)

720 ILCS 5/28-3

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

720 ILCS 5/28-4

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

720 ILCS 5/28-5

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

720 ILCS 5/28-7

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

720 ILCS 5/28-8

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

720 ILCS 5/28-9

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

720 ILCS 5/Art. 29

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

720 ILCS 5/29-1

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

720 ILCS 5/29-2

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

720 ILCS 5/29-3

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

720 ILCS 5/Art. 29A

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

720 ILCS 5/29A-1

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

720 ILCS 5/29A-2

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

720 ILCS 5/29A-3

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