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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 5/25-5
(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 | | supervision for a criminal offense with a condition of that sentence being to refrain from direct or indirect contact with a streetgang member or members;
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(2) released on bond for any criminal offense with a
| | condition of that bond being to refrain from direct or indirect contact with a streetgang member or members;
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(3) ordered by a judge in any non-criminal proceeding
| | to refrain from direct or indirect contact with a streetgang member or members; or
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| (4) released from the Illinois Department of
| | Corrections on a condition of parole or mandatory supervised release that he or she refrain from direct or indirect contact with a streetgang member or members.
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| (b) Unlawful participation in streetgang related activity is a Class A misdemeanor.
(c) (Blank).
(Source: P.A. 100-279, eff. 1-1-18 .)
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720 ILCS 5/25-6
(720 ILCS 5/25-6) (was 720 ILCS 5/25-2)
Sec. 25-6. Removal
of chief of police or sheriff for allowing a person in his or her custody to be lynched.
(a) If a prisoner is taken from the custody of any policeman or chief of
police of any municipality and lynched, it shall be prima facie
evidence of wrong-doing on the part of that chief of police and he or she shall be
suspended. The mayor or chief executive of the municipality shall
appoint an acting chief of police until he or she has ascertained whether the
suspended chief of police had done all in his or her power to protect the life of
the prisoner. If, upon hearing all evidence and argument, the mayor or
chief executive finds that the chief of police had done his or her utmost to
protect the prisoner, he or she may reinstate the chief of police; but, if he
or she finds the chief of police guilty of not properly protecting the prisoner, a
new chief of police shall be appointed. Any chief of police replaced is
not be eligible to serve again in that office.
(b) If a prisoner is taken from the custody of any sheriff or his or her deputy
and lynched, it is prima facie evidence of wrong-doing on the part of that
sheriff and he or she shall be suspended. The Governor shall appoint an
acting sheriff until he or she has ascertained whether the suspended sheriff had
done all in his or her power to protect the life of the prisoner. If, upon hearing
all evidence and argument, the Governor finds that the sheriff had done his or her
utmost to protect the prisoner, he or she shall reinstate the sheriff; but, if he or she
finds the sheriff guilty of not properly protecting the prisoner, a new
sheriff shall be duly elected or appointed, pursuant to the existing law
provided for the filling of vacancies in that office. Any sheriff replaced is
not eligible to serve again in that office.
(Source: P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/Art. 26
(720 ILCS 5/Art. 26 heading)
ARTICLE 26.
DISORDERLY CONDUCT
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720 ILCS 5/26-1
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to | | alarm or disturb another and to provoke a breach of the peace;
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(2) Transmits or causes to be transmitted in any
| | manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
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(3) Transmits or causes to be transmitted in any
| | manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
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(3.5) Transmits or causes to be transmitted in any
| | manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
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| (4) Transmits or causes to be transmitted in any
| | manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
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(5) Transmits or causes to be transmitted in any
| | manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public;
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(6) Calls or texts the number "911" or transmits or
| | causes to be transmitted in any manner to a public safety agency or public safety answering point for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call, text, or transmission is made, the person knows there is no reasonable ground for making the call, text, or transmission and further knows that the call, text, or transmission could result in the emergency response of any public safety agency;
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(7) Transmits or causes to be transmitted in any
| | manner a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act;
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(8) Transmits or causes to be transmitted in any
| | manner a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
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(9) Transmits or causes to be transmitted in any
| | manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
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(10) Transmits or causes to be transmitted in any
| | manner a false report under Article II of Public Act 83-1432;
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(11) Enters upon the property of another and for a
| | lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
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(12) While acting as a collection agency as defined
| | in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
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(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 .)
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720 ILCS 5/26-1.1 (720 ILCS 5/26-1.1) Sec. 26-1.1. False report of theft and other losses. (a) A person who
knowingly makes a false report of a theft, destruction, damage or conversion
of any property to a law enforcement agency or other governmental agency
with the intent to defraud an insurer is guilty of a Class A misdemeanor.
(b) A person convicted of a violation of this Section a second or subsequent
time is guilty of a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.) |
720 ILCS 5/26-2
(720 ILCS 5/26-2) (from Ch. 38, par. 26-2)
Sec. 26-2. Interference with emergency communication.
(a) A person commits interference with emergency
communication when he or she knowingly, intentionally and without lawful
justification interrupts, disrupts, impedes, or otherwise interferes
with the transmission of a communication over a citizens band radio
channel, the purpose of which communication is to inform or inquire
about an emergency.
(b) For the purpose of this Section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by the
person transmitting the communication to be in imminent danger of serious
bodily injury or in which property is or is reasonably believed by the person
transmitting the communication to be in imminent danger of damage or
destruction.
(c) Sentence.
(1) Interference with emergency communication is a | | Class B misdemeanor, except as otherwise provided in paragraph (2).
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(2) Interference with emergency communication, where
| | serious bodily injury or property loss in excess of $1,000 results, is a Class A misdemeanor.
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(Source: P.A. 97-1108, eff. 1-1-13.)
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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.
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(2) "Person" means an individual, public or private
| | corporation, unit of government, partnership or unincorporated association.
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(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.)
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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'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 | | live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
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(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
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| (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.
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(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
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(2) A violation of subsection (a), (a-5), (a-6), or
| | (a-10) is a Class 4 felony.
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| (3) A violation of subsection (a-25) is a Class 3
| | (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.
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| (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.
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| (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.
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| (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.
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(Source: P.A. 102-567, eff. 1-1-22 .)
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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;
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| (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;
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| (3) disclose the television viewing habits of any
| | individual subscriber without the subscriber's consent; or
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| (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.
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| (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.)
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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.)
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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.
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| (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.
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| (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;
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| (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
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| (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.
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| (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.)
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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.
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| "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;
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| (2) any device designed or used to amplify
| | electromagnetic radiation by simulated emission that is visible to the human eye.
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| "Laser pointer" means a hand-held device that emits
| | light amplified by the stimulated emission of radiation that is visible to the human eye.
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| "Laser sight" means a laser pointer that can be
| | attached to a firearm and can be used to improve the accuracy of the firearm.
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| (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
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| (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.
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| (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
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| (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.
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| (d) Sentence. Disorderly conduct with a laser or laser pointer is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)
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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;
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| (2) Making a telephone call, whether or not
| | conversation ensues, with intent to abuse, threaten or harass any person at the called number;
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| (3) Making or causing the telephone of another
| | repeatedly to ring, with intent to harass any person at the called number;
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| (4) Making repeated telephone calls, during which
| | conversation ensues, solely to harass any person at the called number;
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| (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
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| (6) Knowingly permitting any telephone under one's
| | control to be used for any of the purposes mentioned herein.
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| (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.)
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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;
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| (2) Interrupting, with the intent to harass, the
| | telephone service or the electronic communication service of any person;
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| (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;
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| (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;
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| (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
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| (6) Knowingly permitting any electronic
| | communications device to be used for any of the purposes mentioned in this subsection (a).
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| (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.)
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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;
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| (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;
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| (3) At the time of the offense, the offender was
| | under conditions of pretrial release, 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;
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| (4) In the course of the offense, the offender
| | threatened to kill the victim or any member of the victim's family or household;
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| (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;
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| (6) The person violates paragraph (5) of Section
| | 26.5-2 or paragraph (4) of Section 26.5-3; or
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| (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.
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| (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 .)
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720 ILCS 5/Art. 28
(720 ILCS 5/Art. 28 heading)
ARTICLE 28.
GAMBLING AND RELATED OFFENSES
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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;
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(2) knowingly makes a wager upon the result of any
| | game, contest, or any political nomination, appointment or election;
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(3) knowingly operates, keeps, owns, uses, purchases,
| | exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
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(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);
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(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;
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(6) knowingly sells pools upon the result of any game
| | or contest of skill or chance, political nomination, appointment or election;
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(7) knowingly sets up or promotes any lottery or
| | sells, offers to sell or transfers any ticket or share for any lottery;
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(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;
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(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;
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(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;
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(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
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(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), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
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(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.
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(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.
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(3) Pari-mutuel betting as authorized by the law of
| |
(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.
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(5) The game commonly known as "bingo", when
| | conducted in accordance with the Bingo License and Tax Act.
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(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.
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(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.
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| (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.
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(8) Raffles and poker runs when conducted in
| | accordance with the Raffles and Poker Runs Act.
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(8.1) The purchase of raffle chances for a raffle
| | conducted in accordance with the Raffles and Poker Runs Act.
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| (9) Charitable games when conducted in accordance
| | with the Charitable Games Act.
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(10) Pull tabs and jar games when conducted under the
| | Illinois Pull Tabs and Jar Games Act.
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(11) Gambling games when authorized by the Illinois
| |
(12) Video gaming terminal games at a licensed
| | establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
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| (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.
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| (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).
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| (15) Sports wagering when conducted in accordance
| | with the Sports Wagering Act.
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| (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.)
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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
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(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.
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(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;
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(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;
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(3) Pari-mutuel betting as authorized by law of this
| |
(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;
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(5) Raffles and poker runs when conducted in
| | accordance with the Raffles and Poker Runs Act;
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(6) Gambling games conducted on riverboats, in
| | casinos, or at organization gaming facilities when authorized by the Illinois Gambling Act;
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(7) Video gaming terminal games at a licensed
| | establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act; and
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(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).
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| (f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 101-31, eff. 6-28-19.)
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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.
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(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.
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(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.
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(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:
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(A) The outcome of the game is predominantly
| | determined by the skill of the player.
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(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.
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(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.
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(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.
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(5) Video gaming terminals at a licensed
| | establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
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| (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.)
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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 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 | | proceeded against as such, and
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(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
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(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.
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(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.)
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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.)
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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 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 | | distributor or operator under the Video Gaming Act.
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| (2) Video gaming terminals used to train licensed
| | technicians or licensed terminal handlers.
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| (3) Video gaming terminals that are removed from a
| | licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.
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| (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.)
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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, 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.)
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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.)
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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 .)
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720 ILCS 5/Art. 29
(720 ILCS 5/Art. 29 heading)
ARTICLE 29.
BRIBERY IN CONTESTS
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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 .)
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