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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/Art. 12, Subdiv. 10

 
    (720 ILCS 5/Art. 12, Subdiv. 10 heading)
SUBDIVISION 10. ENDANGERMENT
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.4a

    (720 ILCS 5/12-4.4a)
    Sec. 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability.
    (a) Abuse or criminal neglect of a long term care facility resident.
        (1) A person or an owner or licensee commits abuse of
    
a long term care facility resident when he or she knowingly causes any physical or mental injury to, or commits any sexual offense in this Code against, a resident.
        (2) A person or an owner or licensee commits criminal
    
neglect of a long term care facility resident when he or she recklessly:
            (A) performs acts that cause a resident's life to
        
be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate;
            (B) fails to perform acts that he or she knows or
        
reasonably should know are necessary to maintain or preserve the life or health of a resident, and that failure causes the resident's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or
            (C) abandons a resident.
        (3) A person or an owner or licensee commits neglect
    
of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative responsibilities.
    (b) Criminal abuse or neglect of an elderly person or person with a disability.
        (1) A caregiver commits criminal abuse or neglect of
    
an elderly person or person with a disability when he or she knowingly does any of the following:
            (A) performs acts that cause the person's life to
        
be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
            (B) fails to perform acts that he or she knows or
        
reasonably should know are necessary to maintain or preserve the life or health of the person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
            (C) abandons the person;
            (D) physically abuses, harasses, intimidates, or
        
interferes with the personal liberty of the person; or
            (E) exposes the person to willful deprivation.
        (2) It is not a defense to criminal abuse or neglect
    
of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.
    (c) Offense not applicable.
        (1) Nothing in this Section applies to a physician
    
licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
        (2) Nothing in this Section imposes criminal
    
liability on a caregiver who made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his or her own was unable to provide such care.
        (3) Nothing in this Section applies to the medical
    
supervision, regulation, or control of the remedial care or treatment of residents in a long term care facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination as described in Section 3-803 of the Nursing Home Care Act, Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-803 of the ID/DD Community Care Act, or Section 3-803 of the MC/DD Act.
        (4) Nothing in this Section prohibits a caregiver
    
from providing treatment to an elderly person or person with a disability by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.
        (5) Nothing in this Section limits the remedies
    
available to the victim under the Illinois Domestic Violence Act of 1986.
    (d) Sentence.
        (1) Long term care facility. Abuse of a long term
    
care facility resident is a Class 3 felony. Criminal neglect of a long term care facility resident is a Class 4 felony, unless it results in the resident's death in which case it is a Class 3 felony. Neglect of a long term care facility resident is a petty offense.
        (2) Caregiver. Criminal abuse or neglect of an
    
elderly person or person with a disability is a Class 3 felony, unless it results in the person's death in which case it is a Class 2 felony, and if imprisonment is imposed it shall be for a minimum term of 3 years and a maximum term of 14 years.
    (e) Definitions. For the purposes of this Section:
    "Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.
    "Caregiver" means a person who has a duty to provide for an elderly person or person with a disability's health and personal care, at the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following:
        (1) A parent, spouse, adult child, or other relative
    
by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.
        (2) A person who is employed by the elderly person or
    
person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
        (3) A person who has agreed for consideration to
    
reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
        (4) A person who has been appointed by a private or
    
public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care.
    "Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his or her profession.
    "Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care.
    "Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared Housing Act.
    "Long term care facility" means a private home, institution, building, residence, or other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care, or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.
    "Owner" means the owner of a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act.
    "Person with a disability" means a person who suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder, or congenital condition, which renders the person incapable of adequately providing for his or her own health and personal care.
    "Resident" means a person residing in a long term care facility.
    "Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

720 ILCS 5/12-4.5

    (720 ILCS 5/12-4.5) (from Ch. 38, par. 12-4.5)
    Sec. 12-4.5. Tampering with food, drugs or cosmetics.
    (a) A person who knowingly puts any substance capable of causing death or great bodily harm to a human being into any food, drug or cosmetic offered for sale or consumption commits tampering with food, drugs or cosmetics.
    (b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.6

    (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
    Sec. 12-4.6. (Repealed).
(Source: P.A. 85-1177. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.7

    (720 ILCS 5/12-4.7) (from Ch. 38, par. 12-4.7)
    Sec. 12-4.7. (Repealed).
(Source: P.A. 92-256, eff. 1-1-02. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.8

    (720 ILCS 5/12-4.8)
    Sec. 12-4.8. (Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.9

    (720 ILCS 5/12-4.9)
    (This Section was renumbered as Section 12C-45 by P.A. 97-1109.)
    Sec. 12-4.9. (Renumbered).
(Source: P.A. 89-632, eff. 1-1-97. Renumbered by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-4.10

    (720 ILCS 5/12-4.10)
    Sec. 12-4.10. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/12-4.11

    (720 ILCS 5/12-4.11)
    Sec. 12-4.11. (Repealed).
(Source: P.A. 93-340, eff. 7-24-03. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/12-4.12

    (720 ILCS 5/12-4.12)
    Sec. 12-4.12. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/12-5

    (720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
    Sec. 12-5. Reckless conduct.
    (a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that:
        (1) cause bodily harm to or endanger the safety of
    
another person; or
        (2) cause great bodily harm or permanent disability
    
or disfigurement to another person.
    (b) Sentence.
    Reckless conduct under subdivision (a)(1) is a Class A misdemeanor. Reckless conduct under subdivision (a)(2) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.01

    (720 ILCS 5/12-5.01) (was 720 ILCS 5/12-16.2)
    Sec. 12-5.01. Criminal transmission of HIV.
    (a) A person commits criminal transmission of HIV when he or she, with the specific intent to commit the offense:
        (1) engages in sexual activity with another without
    
the use of a condom knowing that he or she is infected with HIV;
        (2) transfers, donates, or provides his or her blood,
    
tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another knowing that he or she is infected with HIV; or
        (3) dispenses, delivers, exchanges, sells, or in any
    
other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia knowing that he or she is infected with HIV.
    (b) For purposes of this Section:
    "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
    "Sexual activity" means the insertive vaginal or anal intercourse on the part of an infected male, receptive consensual vaginal intercourse on the part of an infected woman with a male partner, or receptive consensual anal intercourse on the part of an infected man or woman with a male partner.
    "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.
    (c) Nothing in this Section shall be construed to require that an infection with HIV has occurred in order for a person to have committed criminal transmission of HIV.
    (d) It shall be an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.
    (d-5) A court, upon a finding of reasonable suspicion that an individual has committed the crime of criminal transmission of HIV, shall order the production of records of a person accused of the offense of criminal transmission of HIV or the attendance of a person with relevant knowledge thereof so long as the return of the records or attendance of the person pursuant to the subpoena is submitted initially to the court for an in camera inspection. Only upon a finding by the court that the records or proffered testimony are relevant to the pending offense, the information produced pursuant to the court's order shall be disclosed to the prosecuting entity and admissible if otherwise permitted by law.
    (e) A person who commits criminal transmission of HIV commits a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1046, eff. 8-21-12.)

720 ILCS 5/12-5.02

    (720 ILCS 5/12-5.02) (was 720 ILCS 5/12-2.5)
    Sec. 12-5.02. Vehicular endangerment.
    (a) A person commits vehicular endangerment when he or she strikes a motor vehicle by causing an object to fall from an overpass or other elevated location in the direction of a moving motor vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this State.
    (b) Sentence. Vehicular endangerment is a Class 2 felony, unless death results, in which case vehicular endangerment is a Class 1 felony.
    (c) Definitions. For purposes of this Section:
    "Elevated location" means a bridge, overpass, highway ramp, building, artificial structure, hill, mound, or natural elevation above or adjacent to and above a highway.
    "Object" means any object or substance that by its size, weight, or consistency is likely to cause great bodily harm to any occupant of a motor vehicle.
    "Overpass" means any structure that passes over a highway.
    "Motor vehicle" and "highway" have the meanings as defined in the Illinois Vehicle Code.
(Source: P.A. 99-656, eff. 1-1-17.)

720 ILCS 5/12-5.1

    (720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
    Sec. 12-5.1. Criminal housing management.
    (a) A person commits criminal housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he or she recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of a person other than the defendant.
    (b) Sentence.
    Criminal housing management is a Class A misdemeanor, and a subsequent conviction is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.1a

    (720 ILCS 5/12-5.1a) (was 720 ILCS 5/12-5.15)
    Sec. 12-5.1a. Aggravated criminal housing management.
    (a) A person commits aggravated criminal housing management when he or she commits criminal housing management and:
        (1) the condition endangering the health or safety of
    
a person other than the defendant is determined to be a contributing factor in the death of that person; and
        (2) the person recklessly conceals or attempts to
    
conceal the condition that endangered the health or safety of the person other than the defendant that is found to be a contributing factor in that death.
    (b) Sentence. Aggravated criminal housing management is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.2

    (720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
    Sec. 12-5.2. Injunction in connection with criminal housing management or aggravated criminal housing management.
    (a) In addition to any other remedies, the State's Attorney of the county where the residential property which endangers the health or safety of any person exists is authorized to file a complaint and apply to the circuit court for a temporary restraining order, and such circuit court shall upon hearing grant a temporary restraining order or a preliminary or permanent injunction, without bond, restraining any person who owns, manages, or has any equitable interest in the property, from collecting, receiving or benefiting from any rents or other monies available from the property, so long as the property remains in a condition which endangers the health or safety of any person.
    (b) The court may order any rents or other monies owed to be paid into an escrow account. The funds are to be paid out of the escrow account only to satisfy the reasonable cost of necessary repairs of the property which had been incurred or will be incurred in ameliorating the condition of the property as described in subsection (a), payment of delinquent real estate taxes on the property or payment of other legal debts relating to the property. The court may order that funds remain in escrow for a reasonable time after the completion of all necessary repairs to assure continued upkeep of the property and satisfaction of other outstanding legal debts of the property.
    (c) The owner shall be responsible for contracting to have necessary repairs completed and shall be required to submit all bills, together with certificates of completion, to the manager of the escrow account within 30 days after their receipt by the owner.
    (d) In contracting for any repairs required pursuant to this Section the owner of the property shall enter into a contract only after receiving bids from at least 3 independent contractors capable of making the necessary repairs. If the owner does not contract for the repairs with the lowest bidder, he shall file an affidavit with the court explaining why the lowest bid was not acceptable. At no time, under the provisions of this Section, shall the owner contract with anyone who is not a licensed contractor, except that a contractor need not be licensed if neither the State nor the county, township, or municipality where the residential real estate is located requires that the contractor be licensed. The court may order release of those funds in the escrow account that are in excess of the monies that the court determines to its satisfaction are needed to correct the condition of the property as described in subsection (a).
    For the purposes of this Section, "licensed contractor" means: (i) a contractor licensed by the State, if the State requires the licensure of the contractor; or (ii) a contractor licensed by the county, township, or municipality where the residential real estate is located, if that jurisdiction requires the licensure of the contractor.
    (e) The Clerk of the Circuit Court shall maintain a separate trust account entitled "Property Improvement Trust Account", which shall serve as the depository for the escrowed funds prescribed by this Section. The Clerk of the Court shall be responsible for the receipt, disbursement, monitoring and maintenance of all funds entrusted to this account, and shall provide to the court a quarterly accounting of the activities for any property, with funds in such account, unless the court orders accountings on a more frequent basis.
    The Clerk of the Circuit Court shall promulgate rules and procedures to administer the provisions of this Act.
    (f) Nothing in this Section shall in any way be construed to limit or alter any existing liability incurred, or to be incurred, by the owner or manager except as expressly provided in this Act. Nor shall anything in this Section be construed to create any liability on behalf of the Clerk of the Court, the State's Attorney's office or any other governmental agency involved in this action.
    Nor shall anything in this Section be construed to authorize tenants to refrain from paying rent.
    (g) Costs. As part of the costs of an action under this Section, the court shall assess a reasonable fee against the defendant to be paid to the Clerk of the Circuit Court. This amount is to be used solely for the maintenance of the Property Improvement Trust Account. No money obtained directly or indirectly from the property subject to the case may be used to satisfy this cost.
    (h) The municipal building department or other entity responsible for inspection of property and the enforcement of such local requirements shall, within 5 business days of a request by the State's Attorney, provide all documents requested, which shall include, but not be limited to, all records of inspections, permits and other information relating to any property.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.3

    (720 ILCS 5/12-5.3) (was 720 ILCS 5/12-2.6)
    Sec. 12-5.3. Use of a dangerous place for the commission of a controlled substance or cannabis offense.
    (a) A person commits use of a dangerous place for the commission of a controlled substance or cannabis offense when that person knowingly exercises control over any place with the intent to use that place to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance or controlled substance analog in violation of Section 401 of the Illinois Controlled Substances Act or to manufacture, produce, deliver, or possess with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act and:
        (1) the place, by virtue of the presence of the
    
substance or substances used or intended to be used to manufacture a controlled or counterfeit substance, controlled substance analog, or cannabis, presents a substantial risk of injury to any person from fire, explosion, or exposure to toxic or noxious chemicals or gas; or
        (2) the place used or intended to be used to
    
manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis has located within it or surrounding it devices, weapons, chemicals, or explosives designed, hidden, or arranged in a manner that would cause a person to be exposed to a substantial risk of great bodily harm.
    (b) It may be inferred that a place was intended to be used to manufacture a controlled or counterfeit substance or controlled substance analog if a substance containing a controlled or counterfeit substance or controlled substance analog or a substance containing a chemical important to the manufacture of a controlled or counterfeit substance or controlled substance analog is found at the place of the alleged illegal controlled substance manufacturing in close proximity to equipment or a chemical used for facilitating the manufacture of the controlled or counterfeit substance or controlled substance analog that is alleged to have been intended to be manufactured.
    (c) As used in this Section, "place" means a premises, conveyance, or location that offers seclusion, shelter, means, or facilitation for manufacturing, producing, possessing, or possessing with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis.
    (d) Use of a dangerous place for the commission of a controlled substance or cannabis offense is a Class 1 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.5

    (720 ILCS 5/12-5.5)
    Sec. 12-5.5. Common carrier recklessness.
    (a) A person commits common carrier recklessness when he or she, having personal management or control of or over a public conveyance used for the common carriage of persons, recklessly endangers the safety of others.
    (b) Sentence. Common carrier recklessness is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-5.15

    (720 ILCS 5/12-5.15)
    (This Section was renumbered as Section 12-5.1a by P.A. 96-1551.)
    Sec. 12-5.15. (Renumbered).
(Source: P.A. 93-852, eff. 8-2-04. Renumbered by P.A. 96-1551, eff. 7-1-11.)