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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

 
    (720 ILCS 5/Art. 12 heading)
ARTICLE 12. BODILY HARM

720 ILCS 5/Art. 12, Subdiv. 1

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

720 ILCS 5/12-0.1

    (720 ILCS 5/12-0.1)
    Sec. 12-0.1. Definitions. In this Article, unless the context clearly requires otherwise:
    "Bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
    "Coach" means a person recognized as a coach by the sanctioning authority that conducts an athletic contest.
    "Correctional institution employee" means a person employed by a penal institution.
    "Emergency medical technician" includes a paramedic, ambulance driver, first aid worker, hospital worker, or other medical assistance worker.
    "Family or household members" include 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 have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. 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.
    "In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting an offense.
    "Park district employee" means a supervisor, director, instructor, or other person employed by a park district.
    "Physically handicapped person" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.
    "Private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
    "Probation officer" means a person as defined in the Probation and Probation Officers Act.
    "Sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee.
    "Sports venue" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, or amusement facility, or a special event center in a public park, during the 12 hours before or after the sanctioned sporting event.
    "Streetgang", "streetgang member", and "criminal street gang" have the meanings ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    "Transit employee" means a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire.
    "Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.
    "Utility worker" means any of the following:
        (1) A person employed by a public utility as defined
    
in Section 3-105 of the Public Utilities Act.
        (2) An employee of a municipally owned utility.
        (3) An employee of a cable television company.
        (4) An employee of an electric cooperative as defined
    
in Section 3-119 of the Public Utilities Act.
        (5) An independent contractor or an employee of an
    
independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or electric cooperative.
        (6) An employee of a telecommunications carrier as
    
defined in Section 13-202 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier.
        (7) An employee of a telephone or telecommunications
    
cooperative as defined in Section 13-212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 12, Subdiv. 5

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

720 ILCS 5/12-1

    (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
    Sec. 12-1. Assault.
    (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
    (b) Sentence. Assault is a Class C misdemeanor.
    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault 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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-2

    (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
        (1) A physically handicapped person or a person 60
    
years of age or older and the assault is without legal justification.
        (2) A teacher or school employee upon school grounds
    
or grounds adjacent to a school or in any part of a building used for school purposes.
        (3) A park district employee upon park grounds or
    
grounds adjacent to a park or in any part of a building used for park purposes.
        (4) A peace officer, community policing volunteer,
    
fireman, private security officer, emergency management worker, emergency medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing
        
his or her official duties.
        (6) A correctional institution employee, a county
    
juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (7) An employee of the State of Illinois, a municipal
    
corporation therein, or a political subdivision thereof, performing his or her official duties.
        (8) A transit employee performing his or her official
    
duties, or a transit passenger.
        (9) A sports official or coach actively participating
    
in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
        (10) A person authorized to serve process under
    
Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
    (c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in
    
the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
        (2) Discharges a firearm, other than from a motor
    
vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her
    
identity.
        (5) Knowingly and without lawful justification shines
    
or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
        (6) Uses a firearm, other than by discharging the
    
firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (7) Without justification operates a motor vehicle in
    
a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in
    
a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
        (9) Knowingly video or audio records the offense
    
with the intent to disseminate the recording.
    (d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.
    (e) For the purposes of this Section, "Category I weapon", "Category II weapon, and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 1-1-14.)

720 ILCS 5/12-2.5

    (720 ILCS 5/12-2.5)
    (This Section was renumbered as Section 12-5.02 by P.A. 96-1551.)
    Sec. 12-2.5. (Renumbered).
(Source: P.A. 88-467. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-2.6

    (720 ILCS 5/12-2.6)
    (This Section was renumbered as Section 12-5.3 by P.A. 96-1551.)
    Sec. 12-2.6. (Renumbered).
(Source: P.A. 94-743, eff. 5-8-06. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-3

    (720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
    Sec. 12-3. Battery.
    (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
    (b) Sentence.
    Battery is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-3.05

    (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
    Sec. 12-3.05. Aggravated battery.
    (a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
        (1) Causes great bodily harm or permanent disability
    
or disfigurement.
        (2) Causes severe and permanent disability, great
    
bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
        (3) Causes great bodily harm or permanent disability
    
or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (4) Causes great bodily harm or permanent disability
    
or disfigurement to an individual 60 years of age or older.
        (5) Strangles another individual.
    (b) Offense based on injury to a child or intellectually disabled person. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
        (1) causes great bodily harm or permanent disability
    
or disfigurement to any child under the age of 13 years, or to any severely or profoundly intellectually disabled person; or
        (2) causes bodily harm or disability or disfigurement
    
to any child under the age of 13 years or to any severely or profoundly intellectually disabled person.
    (c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter.
    (d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
        (1) A person 60 years of age or older.
        (2) A person who is pregnant or physically
    
handicapped.
        (3) A teacher or school employee upon school grounds
    
or grounds adjacent to a school or in any part of a building used for school purposes.
        (4) A peace officer, community policing volunteer,
    
fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (5) A judge, emergency management worker, emergency
    
medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (6) An officer or employee of the State of Illinois,
    
a unit of local government, or a school district, while performing his or her official duties.
        (7) A transit employee performing his or her official
    
duties, or a transit passenger.
        (8) A taxi driver on duty.
        (9) A merchant who detains the person for an alleged
    
commission of retail theft under Section 16-26 of this Code and the person without legal justification by any means causes bodily harm to the merchant.
        (10) A person authorized to serve process under
    
Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court while that individual is in the performance of his or her duties as a process server.
        (11) A nurse while in the performance of his or her
    
duties as a nurse.
    (e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
        (1) Discharges a firearm, other than a machine gun or
    
a firearm equipped with a silencer, and causes any injury to another person.
        (2) Discharges a firearm, other than a machine gun or
    
a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (3) Discharges a firearm, other than a machine gun or
    
a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (4) Discharges a firearm and causes any injury to a
    
person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
        (5) Discharges a machine gun or a firearm equipped
    
with a silencer, and causes any injury to another person.
        (6) Discharges a machine gun or a firearm equipped
    
with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (7) Discharges a machine gun or a firearm equipped
    
with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or
        
her official duties; or
            (iii) battered in retaliation for performing his
        
or her official duties.
        (8) Discharges a machine gun or a firearm equipped
    
with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
    (f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:
        (1) Uses a deadly weapon other than by discharge of a
    
firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code.
        (2) Wears a hood, robe, or mask to conceal his or her
    
identity.
        (3) Knowingly and without lawful justification shines
    
or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
        (4) Knowingly video or audio records the offense with
    
the intent to disseminate the recording.
    (g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
        (1) Violates Section 401 of the Illinois Controlled
    
Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
        (2) Knowingly administers to an individual or causes
    
him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
        (3) Knowingly causes or attempts to cause a
    
correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
    (h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony.
    Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (14) of subsection (b) of Section 9-1 of this Code, as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.
    Aggravated battery under subdivision (a)(5) is a Class 1 felony if:
        (A) the person used or attempted to use a dangerous
    
instrument while committing the offense; or
        (B) the person caused great bodily harm or permanent
    
disability or disfigurement to the other person while committing the offense; or
        (C) the person has been previously convicted of a
    
violation of subdivision (a)(5) under the laws of this State or laws similar to subdivision (a)(5) of any other state.
    Aggravated battery as defined in subdivision (e)(1) is a Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years.
    Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
    Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that:
        (1) if the person committed the offense while armed
    
with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
        (2) if, during the commission of the offense, the
    
person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the
    
person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    (i) Definitions. For the purposes of this Section:
    "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act.
    "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.
    "Domestic violence shelter" means any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place within 500 feet of such a building or other structure in the case of a person who is going to or from such a building or other structure.
    "Firearm" has the meaning provided under Section 1.1 of the Firearm Owners Identification Card Act, and does not include an air rifle as defined by Section 24.8-0.1 of this Code.
    "Machine gun" has the meaning ascribed to it in Section 24-1 of this Code.
    "Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code.
    "Strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, eff. 7-16-14.)

720 ILCS 5/12-3.1

    (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
    Sec. 12-3.1. Battery of an unborn child; aggravated battery of an unborn child.
    (a) A person commits battery of an unborn child if he or she knowingly without legal justification and by any means causes bodily harm to an unborn child.
    (a-5) A person commits aggravated battery of an unborn child when, in committing a battery of an unborn child, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an unborn child.
    (b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed.
    (c) Sentence. Battery of an unborn child is a Class A misdemeanor. Aggravated battery of an unborn child is a Class 2 felony.
    (d) This Section shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-3.2

    (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
    (Text of Section before amendment by P.A. 98-994)
    Sec. 12-3.2. Domestic battery.
    (a) A person commits domestic battery if he or she knowingly without legal justification by any means:
        (1) causes bodily harm to any family or household
    
member;
        (2) makes physical contact of an insulting or
    
provoking nature with any family or household member.
    (b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member. Domestic battery is a Class 4 felony if the defendant has one or 2 prior convictions under this Code for domestic battery (Section 12-3.2). Domestic battery is a Class 3 felony if the defendant had 3 prior convictions under this Code for domestic battery (Section 12-3.2). Domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under this Code for domestic battery (Section 12-3.2). In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.
    (c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), unlawful restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or household member shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5-5-6 of the Unified Code of Corrections. For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step-child or who is a minor child residing within or visiting the household of the defendant or victim.
    (d) Upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.
(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14.)
 
    (Text of Section after amendment by P.A. 98-994)
    Sec. 12-3.2. Domestic battery.
    (a) A person commits domestic battery if he or she knowingly without legal justification by any means:
        (1) causes bodily harm to any family or household
    
member;
        (2) makes physical contact of an insulting or
    
provoking nature with any family or household member.
    (b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member. Domestic battery is a Class 4 felony if the defendant has one or 2 prior convictions under this Code for domestic battery (Section 12-3.2), or one or 2 prior convictions under the law of another jurisdiction for any offense which is substantially similar. Domestic battery is a Class 3 felony if the defendant had 3 prior convictions under this Code for domestic battery (Section 12-3.2), or 3 prior convictions under the law of another jurisdiction for any offense which is substantially similar. Domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under this Code for domestic battery (Section 12-3.2), or 4 or more prior convictions under the law of another jurisdiction for any offense which is substantially similar. In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.
    (c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), unlawful restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or household member shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5-5-6 of the Unified Code of Corrections. For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step-child or who is a minor child residing within or visiting the household of the defendant or victim.
    (d) Upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.
(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14; 98-994, eff. 1-1-15.)

720 ILCS 5/12-3.3

    (720 ILCS 5/12-3.3)
    Sec. 12-3.3. Aggravated domestic battery.
    (a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
    (a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
    (b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.
    (c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of aggravated domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/12-3.4

    (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
    Sec. 12-3.4. Violation of an order of protection.
    (a) A person commits violation of an order of protection if:
        (1) He or she knowingly commits an act which was
    
prohibited by a court or fails to commit an act which was ordered by a court in violation of:
            (i) a remedy in a valid order of protection
        
authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986,
            (ii) a remedy, which is substantially similar to
        
the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,
            (iii) any other remedy when the act constitutes a
        
crime against the protected parties as the term protected parties is defined in Section 112A-4 of the Code of Criminal Procedure of 1963; and
        (2) Such violation occurs after the offender has been
    
served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
    An order of protection issued by a state, tribal or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe or territory. There shall be a presumption of validity where an order is certified and appears authentic on its face. For purposes of this Section, an "order of protection" may have been issued in a criminal or civil proceeding.
    (a-5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign order of protection.
    (b) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.
    (c) The limitations placed on law enforcement liability by Section 305 of the Illinois Domestic Violence Act of 1986 apply to actions taken under this Section.
    (d) Violation of an order of protection is a Class A misdemeanor. Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12-3.2) or violation of an order of protection (Section 12-3.4 or 12-30) or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as a domestic battery or violation of an order of protection. Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), aggravated discharge of a firearm (Section 24-1.2), or a violation of any former law of this State that is substantially similar to any listed offense, or any prior conviction under the law of another jurisdiction for an offense that could be charged in this State as one of the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963. The court shall impose a minimum penalty of 24 hours imprisonment for defendant's second or subsequent violation of any order of protection; unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. In addition to any other penalties, the court may order the defendant to pay a fine as authorized under Section 5-9-1 of the Unified Code of Corrections or to make restitution to the victim under Section 5-5-6 of the Unified Code of Corrections. In addition to any other penalties, including those imposed by Section 5-9-1.5 of the Unified Code of Corrections, the court shall impose an additional fine of $20 as authorized by Section 5-9-1.11 of the Unified Code of Corrections upon any person convicted of or placed on supervision for a violation of this Section. The additional fine shall be imposed for each violation of this Section.
    (e) (Blank).
    (f) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates 97-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-3.5

    (720 ILCS 5/12-3.5) (was 720 ILCS 5/12-6.3)
    Sec. 12-3.5. Interfering with the reporting of domestic violence.
    (a) A person commits interfering with the reporting of domestic violence when, after having committed an act of domestic violence, he or she knowingly prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 9-1-1 emergency telephone system, obtaining medical assistance, or making a report to any law enforcement official.
    (b) For the purposes of this Section:
    "Domestic violence" shall have the meaning ascribed to it in Section 112A-3 of the Code of Criminal Procedure of 1963.
    (c) Sentence. Interfering with the reporting of domestic violence is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-3.6

    (720 ILCS 5/12-3.6) (was 720 ILCS 5/45-1 and 5/45-2)
    Sec. 12-3.6. Disclosing location of domestic violence victim.
    (a) As used in this Section:
    "Domestic violence" means attempting to cause or causing abuse of a family or household member or high-risk adult with disabilities, or attempting to cause or causing neglect or exploitation of a high-risk adult with disabilities which threatens the adult's health and safety.
    "Family or household member" means a spouse, person living as a spouse, parent, or other adult person related by consanguinity or affinity, who is residing or has resided with the person committing domestic violence. "Family or household member" includes a high-risk adult with disabilities who resides with or receives care from any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of an adult with disabilities voluntarily, by express or implied contract, or by court order.
    "High-risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.
    "Abuse", "exploitation", and "neglect" have the meanings ascribed to those terms in Section 103 of the Illinois Domestic Violence Act of 1986.
    (b) A person commits disclosure of location of domestic violence victim when he or she publishes, disseminates or otherwise discloses the location of any domestic violence victim, without that person's authorization, knowing the disclosure will result in, or has the substantial likelihood of resulting in, the threat of bodily harm.
    (c) Nothing in this Section shall apply to confidential communications between an attorney and his or her client.
    (d) Sentence. Disclosure of location of domestic violence victim is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4

    (720 ILCS 5/12-4)
    (This Section was renumbered as Section 12-3.05 by P.A. 96-1551.)
    Sec. 12-4. (Renumbered).
(Source: P.A. 97-467, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.1

    (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
    Sec. 12-4.1. (Repealed).
(Source: P.A. 91-121, eff. 7-15-99. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.2

    (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
    Sec. 12-4.2. (Repealed).
(Source: P.A. 96-328, eff. 8-11-09. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.2-5

    (720 ILCS 5/12-4.2-5)
    Sec. 12-4.2-5. (Repealed).
(Source: P.A. 96-328, eff. 8-11-09. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.3

    (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
    Sec. 12-4.3. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-4.4

    (720 ILCS 5/12-4.4) (from Ch. 38, par. 12-4.4)
    Sec. 12-4.4. (Repealed).
(Source: P.A. 84-1414. Repealed by P.A. 96-1551, eff. 7-1-11.)

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, or Section 3-803 of the ID/DD Community Care 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 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, 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 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, 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. 96-1551, eff. 7-1-11; incorporates 97-38, eff. 6-28-11, and 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; 98-104, eff. 7-22-13.)

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 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:
    "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. 96-1551, eff. 7-1-11.)

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.)

720 ILCS 5/Art. 12, Subdiv. 15

 
    (720 ILCS 5/Art. 12, Subdiv. 15 heading)
SUBDIVISION 15. INTIMIDATION
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6

    (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
    Sec. 12-6. Intimidation.
    (a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:
        (1) Inflict physical harm on the person threatened or
    
any other person or on property; or
        (2) Subject any person to physical confinement or
    
restraint; or
        (3) Commit a felony or Class A misdemeanor; or
        (4) Accuse any person of an offense; or
        (5) Expose any person to hatred, contempt or
    
ridicule; or
        (6) Take action as a public official against anyone
    
or anything, or withhold official action, or cause such action or withholding; or
        (7) Bring about or continue a strike, boycott or
    
other collective action.
    (b) Sentence.
    Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.1

    (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
    (This Section was renumbered as Section 12-6.5 by P.A. 96-1551.)
    Sec. 12-6.1. (Renumbered).
(Source: P.A. 91-696, eff. 4-13-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.2

    (720 ILCS 5/12-6.2)
    Sec. 12-6.2. Aggravated intimidation.
    (a) A person commits aggravated intimidation when he or she commits intimidation and:
        (1) the person committed the offense in furtherance
    
of the activities of an organized gang or because of the person's membership in or allegiance to an organized gang; or
        (2) the offense is committed with the intent to
    
prevent any person from becoming a community policing volunteer; or
        (3) the following conditions are met:
            (A) the person knew that the victim was a peace
        
officer, a correctional institution employee, a fireman, a community policing volunteer, or a civilian reporting information regarding a forcible felony to a law enforcement agency; and
            (B) the offense was committed:
                (i) while the victim was engaged in the
            
execution of his or her official duties; or
                (ii) to prevent the victim from performing
            
his or her official duties;
                (iii) in retaliation for the victim's
            
performance of his or her official duties;
                (iv) by reason of any person's activity as a
            
community policing volunteer; or
                (v) because the person reported information
            
regarding a forcible felony to a law enforcement agency.
    (b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is a Class 1 felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years.
    (c) (Blank).
(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-6.3

    (720 ILCS 5/12-6.3)
    (This Section was renumbered as Section 12-3.5 by P.A. 96-1551.)
    Sec. 12-6.3. (Renumbered).
(Source: P.A. 90-118, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.4

    (720 ILCS 5/12-6.4)
    Sec. 12-6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds and criminal street gang recruitment of a minor.
    (a) A person commits criminal street gang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she knowingly threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so.
    (a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.
    (b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony and criminal street gang recruitment of a minor is a Class 1 felony.
    (c) In this Section:
        "School grounds" means the building or buildings or
    
real property comprising a public or private elementary or secondary school, community college, college, or university and includes a school yard, school playing field, or school playground.
        "Minor" means any person under 18 years of age.
        "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.
        "Telecommunications device" means a device that is
    
capable of receiving or transmitting speech, data, signals, text, images, sounds, codes, or other information including, but not limited to, paging devices, telephones, and cellular and mobile telephones.
(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/12-6.5

    (720 ILCS 5/12-6.5) (was 720 ILCS 5/12-6.1)
    Sec. 12-6.5. Compelling organization membership of persons. A person who knowingly, expressly or impliedly, threatens to do bodily harm or does bodily harm to an individual or to that individual's family or uses any other criminally unlawful means to solicit or cause any person to join, or deter any person from leaving, any organization or association regardless of the nature of such organization or association, is guilty of a Class 2 felony.
    Any person of the age of 18 years or older who knowingly, expressly or impliedly, threatens to do bodily harm or does bodily harm to a person under 18 years of age or uses any other criminally unlawful means to solicit or cause any person under 18 years of age to join, or deter any person under 18 years of age from leaving, any organization or association regardless of the nature of such organization or association is guilty of a Class 1 felony.
    A person convicted of an offense under this Section shall not be eligible to receive a sentence of probation, conditional discharge, or periodic imprisonment.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-7

    (720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
    Sec. 12-7. Compelling confession or information by force or threat.
    (a) A person who, with intent to obtain a confession, statement or information regarding any offense, knowingly inflicts or threatens imminent bodily harm upon the person threatened or upon any other person commits compelling a confession or information by force or threat.
    (b) Sentence.
    Compelling a confession or information is a: (1) Class 4 felony if the defendant threatens imminent bodily harm to obtain a confession, statement, or information but does not inflict bodily harm on the victim, (2) Class 3 felony if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, and (3) Class 2 felony if the defendant inflicts great bodily harm to obtain a confession, statement, or information.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-7.1

    (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
    Sec. 12-7.1. Hate crime.
    (a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
    (b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense.
    (b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed:
        (1) in a church, synagogue, mosque, or other
    
building, structure, or place used for religious worship or other religious purpose;
        (2) in a cemetery, mortuary, or other facility used
    
for the purpose of burial or memorializing the dead;
        (3) in a school or other educational facility,
    
including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;
        (4) in a public park or an ethnic or religious
    
community center;
        (5) on the real property comprising any location
    
specified in clauses (1) through (4) of this subsection (b-5); or
        (6) on a public way within 1,000 feet of the real
    
property comprising any location specified in clauses (1) through (4) of this subsection (b-5).
    (b-10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes if the offender caused criminal damage to property consisting of religious fixtures, objects, or decorations. The educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission. Nothing in this subsection (b-10) prohibits courses discouraging hate crimes from being made available online. The court may also impose any other condition of probation or conditional discharge under this Section.
    (c) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for actual damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.
    (d) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality.
(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-7.2

    (720 ILCS 5/12-7.2) (from Ch. 38, par. 12-7.2)
    Sec. 12-7.2. Educational intimidation. (a) A person commits educational intimidation when he knowingly interferes with the right of any child who is or is believed to be afflicted with a chronic infectious disease to attend or participate in the activities of an elementary or secondary school in this State:
    (1) by actual or threatened physical harm to the person or property of the child or the child's family; or
    (2) by impeding or obstructing the child's right of ingress to, egress from, or freedom of movement at school facilities or activities; or
    (3) by exposing or threatening to expose the child, or the family or friends of the child, to public hatred, contempt or ridicule.
    (b) Subsection (a) does not apply to the actions of school officials or the school's infectious disease review team who are acting within the course of their professional duties and in accordance with applicable law.
    (c) Educational intimidation is a Class C misdemeanor, except that a second or subsequent offense shall be a Class A misdemeanor.
    (d) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of educational intimidation may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages awarded against such minor under this subsection (d) in any amount not exceeding the amount provided under Section of the Parental Responsibility Law.
(Source: P.A. 86-890.)

720 ILCS 5/12-7.3

    (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
    Sec. 12-7.3. Stalking.
    (a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a
    
third person; or
        (2) suffer other emotional distress.
    (a-3) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:
        (1) at any time transmits a threat of immediate or
    
future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or
        (2) places that person in reasonable apprehension of
    
immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.
    (a-5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:
        (1) follows that same person or places that same
    
person under surveillance; and
        (2) transmits a threat of immediate or future bodily
    
harm, sexual assault, confinement or restraint to that person or a family member of that person.
    (b) Sentence. Stalking is a Class 4 felony; a second or subsequent conviction is a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts,
    
including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications.
        (2) "Electronic communication" means any transfer of
    
signs, signals, writings, 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 by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    
suffering, anxiety or alarm.
        (4) "Family member" means a parent, grandparent,
    
brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household.
        (5) "Follows another person" means (i) to move in
    
relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person" does not include a following within the residence of the defendant.
        (6) "Non-consensual contact" means any contact with
    
the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
        (7) "Places a person under surveillance" means: (1)
    
remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person's property.
        (8) "Reasonable person" means a person in the
    
victim's situation.
        (9) "Transmits a threat" means a verbal or written
    
threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.
    (d) Exemptions.
        (1) This Section does not apply to any individual or
    
organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
        (2) This Section does not apply to an exercise of the
    
right to free speech or assembly that is otherwise lawful.
        (3) 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.
    (d-5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a threat is not a bar to prosecution under this Section.
    (d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-7.4

    (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
    Sec. 12-7.4. Aggravated stalking.
    (a) A person commits aggravated stalking when he or she commits stalking and:
        (1) causes bodily harm to the victim;
        (2) confines or restrains the victim; or
        (3) violates a temporary restraining order, an order
    
of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.
    (a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.
    (b) Sentence. Aggravated stalking is a Class 3 felony; a second or subsequent conviction is a Class 2 felony.
    (c) Exemptions.
        (1) This Section does not apply to any individual or
    
organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements.
        (2) This Section does not apply to an exercise of the
    
right of free speech or assembly that is otherwise lawful.
        (3) 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.
    (d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-7.5

    (720 ILCS 5/12-7.5)
    Sec. 12-7.5. Cyberstalking.
    (a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a
    
third person; or
        (2) suffer other emotional distress.
    (a-3) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:
        (1) at any time transmits a threat of immediate or
    
future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or
        (2) places that person or a family member of that
    
person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of
    
an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
    (a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and:
        (1) which communicates a threat of immediate or
    
future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or
        (2) which places that person or a family member of
    
that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or
        (3) which knowingly solicits the commission of an act
    
by any person which would be a violation of this Code directed towards that person or a family member of that person.
    (b) Sentence. Cyberstalking is a Class 4 felony; a second or subsequent conviction is a Class 3 felony.
    (c) For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts,
    
including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.
        (2) "Electronic communication" means any transfer of
    
signs, signals, writings, 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.
        (3) "Emotional distress" means significant mental
    
suffering, anxiety or alarm.
        (4) "Harass" means to engage in a knowing and willful
    
course of conduct directed at a specific person that alarms, torments, or terrorizes that person.
        (5) "Non-consensual contact" means any contact with
    
the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
        (6) "Reasonable person" means a person in the
    
victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.
        (7) "Third party" means any person other than the
    
person violating these provisions and the person or persons towards whom the violator's actions are directed.
    (d) 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.
    (e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(Source: P.A. 96-328, eff. 8-11-09; 96-686, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-303, eff. 8-11-11; 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)

720 ILCS 5/12-7.6

    (720 ILCS 5/12-7.6)
    Sec. 12-7.6. Cross burning.
    (a) A person commits cross burning when he or she, with the intent to intimidate any other person or group of persons, burns or causes to be burned a cross.
    (b) Sentence. Cross burning is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
    (c) For the purposes of this Section, a person acts with the "intent to intimidate" when he or she intentionally places or attempts to place another person in fear of physical injury or fear of damage to that other person's property.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-8

    (720 ILCS 5/12-8) (from Ch. 38, par. 12-8)
    Sec. 12-8. (Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 89-657, eff. 8-14-96.)

720 ILCS 5/12-9

    (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials; human service providers.
    (a) A person commits threatening a public official or human service provider when:
        (1) that person knowingly delivers or conveys,
    
directly or indirectly, to a public official or human service provider by any means a communication:
            (i) containing a threat that would place the
        
public official or human service provider or a member of his or her immediate family in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
            (ii) containing a threat that would place the
        
public official or human service provider or a member of his or her immediate family in reasonable apprehension that damage will occur to property in the custody, care, or control of the public official or his or her immediate family; and
        (2) the threat was conveyed because of the
    
performance or nonperformance of some public duty or duty as a human service provider, because of hostility of the person making the threat toward the status or position of the public official or the human service provider, or because of any other factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer and not a generalized threat of harm.
    (a-6) For purposes of a threat to a social worker, caseworker, investigator, or human service provider, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected
    
to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. "Public official" includes a duly appointed assistant State's Attorney, assistant Attorney General, or Appellate Prosecutor; a sworn law enforcement or peace officer; a social worker, caseworker, or investigator employed by the Department of Healthcare and Family Services, the Department of Human Services, or the Department of Children and Family Services.
        (1.5) "Human service provider" means a social
    
worker, case worker, or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Human Services, the Department of Children and Family Services, the Department of Healthcare and Family Services, or the Department on Aging.
        (2) "Immediate family" means a public official's
    
spouse or child or children.
    (c) Threatening a public official or human service provider is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense.
(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)

720 ILCS 5/Art. 12, Subdiv. 20

 
    (720 ILCS 5/Art. 12, Subdiv. 20 heading)
SUBDIVISION 20. MUTILATION
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-10

    (720 ILCS 5/12-10) (from Ch. 38, par. 12-10)
    (This Section was renumbered as Section 12C-35 by P.A. 97-1109.)
    Sec. 12-10. (Renumbered).
(Source: P.A. 94-684, eff. 1-1-06. Renumbered by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-10.1

    (720 ILCS 5/12-10.1)
    (This Section was renumbered as Section 12C-40 by P.A. 97-1109.)
    Sec. 12-10.1. (Renumbered).
(Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06. Renumbered by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-10.2

    (720 ILCS 5/12-10.2)
    Sec. 12-10.2. Tongue splitting.
    (a) In this Section, "tongue splitting" means the cutting of a human tongue into 2 or more parts.
    (b) A person may not knowingly perform tongue splitting on another person unless the person performing the tongue splitting is licensed to practice medicine in all its branches under the Medical Practice Act of 1987 or licensed under the Illinois Dental Practice Act.
    (c) Sentence. Tongue splitting performed in violation of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-10.3

    (720 ILCS 5/12-10.3)
    Sec. 12-10.3. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor.
    (a) A person, other than the parent or legal guardian of a minor, commits the offense of false representation to a tattoo or body piercing business as the parent or legal guardian of a minor when he or she falsely represents himself or herself as the parent or legal guardian of the minor to an owner or employee of a tattoo or body piercing business for the purpose of:
        (1) accompanying the minor to a business that
    
provides tattooing as required under Section 12-10 of this Code (tattooing body of minor);
        (2) accompanying the minor to a business that
    
provides body piercing as required under Section 12-10.1 of this Code (piercing the body of a minor); or
        (3) furnishing the written consent required under
    
Section 12-10.1 of this Code (piercing the body of a minor).
    (b) Sentence. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor is a Class C misdemeanor.
(Source: P.A. 96-1311, eff. 1-1-11.)

720 ILCS 5/12-11

    (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
    (This Section was renumbered as Section 19-6 by P.A. 97-1108.)
    Sec. 12-11. (Renumbered).
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/12-11.1

    (720 ILCS 5/12-11.1) (from Ch. 38, par. 12-11.1)
    (This Section was renumbered as Section 18-6 by P.A. 97-1108.)
    Sec. 12-11.1. (Renumbered).
(Source: P.A. 86-1392. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/12-12

    (720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
    Sec. 12-12. (Repealed).
(Source: P.A. 96-233, eff. 1-1-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-13

    (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
    (This Section was renumbered as Section 11-1.20 by P.A. 96-1551.)
    Sec. 12-13. (Renumbered).
(Source: P.A. 95-640, eff. 6-1-08. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-14

    (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
    (This Section was renumbered as Section 11-1.30 by P.A. 96-1551.)
    Sec. 12-14. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-14.1

    (720 ILCS 5/12-14.1)
    (This Section was renumbered as Section 11-1.40 by P.A. 96-1551.)
    Sec. 12-14.1. (Renumbered).
(Source: P.A. 95-640, eff. 6-1-08. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-15

    (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
    (This Section was renumbered as Section 11-1.50 by P.A. 96-1551.)
    Sec. 12-15. (Renumbered).
(Source: P.A. 91-389, eff. 1-1-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-16

    (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
    (This Section was renumbered as Section 11-1.60 by P.A. 96-1551.)
    Sec. 12-16. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-16.2

    (720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
    (This Section was renumbered as Section 12-5.01 by P.A. 96-1551.)
    Sec. 12-16.2. (Renumbered).
(Source: P.A. 86-897. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-17

    (720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
    (This Section was renumbered as Section 11-1.70 by P.A. 96-1551.)
    Sec. 12-17. (Renumbered).
(Source: P.A. 93-389, eff. 7-25-03. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-18

    (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
    (This Section was renumbered as Section 11-1.10 by P.A. 96-1551.)
    Sec. 12-18. (Renumbered).
(Source: P.A. 97-244, eff. 8-4-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-18.1

    (720 ILCS 5/12-18.1) (from Ch. 38, par. 12-18.1)
    (This Section was renumbered as Section 11-1.80 by P.A. 96-1551.)
    Sec. 12-18.1. (Renumbered).
(Source: P.A. 96-1551, Article 2, Section 1035, eff. 7-1-11. Renumbered by P.A. 96-1551, Article 2, Section 5, eff. 7-1-11.)

720 ILCS 5/12-19

    (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
    Sec. 12-19. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-20

    (720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
    Sec. 12-20. Sale of body parts.
    (a) Except as provided in subsection (b), any person who knowingly buys or sells, or offers to buy or sell, a human body or any part of a human body, is guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions.
    (b) This Section does not prohibit:
        (1) An anatomical gift made in accordance with the
    
Illinois Anatomical Gift Act.
        (2) (Blank).
        (3) Reimbursement of actual expenses incurred by a
    
living person in donating an organ, tissue or other body part or fluid for transplantation, implantation, infusion, injection, or other medical or scientific purpose, including medical costs, loss of income, and travel expenses.
        (4) Payments provided under a plan of insurance or
    
other health care coverage.
        (5) Reimbursement of reasonable costs associated with
    
the removal, storage or transportation of a human body or part thereof donated for medical or scientific purposes.
        (6) Purchase or sale of blood, plasma, blood products
    
or derivatives, other body fluids, or human hair.
        (7) Purchase or sale of drugs, reagents or other
    
substances made from human bodies or body parts, for use in medical or scientific research, treatment or diagnosis.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-20.5

    (720 ILCS 5/12-20.5)
    Sec. 12-20.5. Dismembering a human body.
    (a) A person commits dismembering a human body when he or she knowingly dismembers, severs, separates, dissects, or mutilates any body part of a deceased's body.
    (b) This Section does not apply to:
        (1) an anatomical gift made in accordance with the
    
Illinois Anatomical Gift Act;
        (2) (blank);
        (3) the purchase or sale of drugs, reagents, or other
    
substances made from human body parts, for the use in medical or scientific research, treatment, or diagnosis;
        (4) persons employed by a county medical examiner's
    
office or coroner's office acting within the scope of their employment while performing an autopsy;
        (5) the acts of a licensed funeral director or
    
embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code;
        (6) the acts of emergency medical personnel or
    
physicians performed in good faith and according to the usual and customary standards of medical practice in an attempt to resuscitate a life; or
        (7) physicians licensed to practice medicine in all
    
of its branches or holding a visiting professor, physician, or resident permit under the Medical Practice Act of 1987, performing acts in accordance with usual and customary standards of medical practice, or a currently enrolled student in an accredited medical school in furtherance of his or her education at the accredited medical school.
    (c) It is not a defense to a violation of this Section that the decedent died due to natural, accidental, or suicidal causes.
    (d) Sentence. Dismembering a human body is a Class X felony.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)

720 ILCS 5/12-20.6

    (720 ILCS 5/12-20.6)
    Sec. 12-20.6. Abuse of a corpse.
    (a) In this Section:
        "Corpse" means the dead body of a human being.
        "Sexual conduct" has the meaning ascribed to the term
    
in Section 11-0.1 of this Code.
    (b) A person commits abuse of a corpse if he or she intentionally:
        (1) engages in sexual conduct with a corpse or
    
involving a corpse; or
        (2) removes or carries away a corpse and is not
    
authorized by law to do so.
    (c) Sentence.
        (1) A person convicted of violating paragraph (1) of
    
subsection (b) of this Section is guilty of a Class 2 felony.
        (2) A person convicted of violating paragraph (2) of
    
subsection (b) of this Section is guilty of a Class 4 felony.
    (d) Paragraph (2) of subsection (b) of this Section does not apply to:
        (1) persons employed by a county medical examiner's
    
office or coroner's office acting within the scope of their employment;
        (2) the acts of a licensed funeral director or
    
embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code;
        (3) cemeteries and cemetery personnel while
    
performing acts pursuant to a bona fide request from the involved cemetery consumer or his or her heirs, or pursuant to an interment or disinterment permit or a court order, or as authorized under Section 14.5 of the Cemetery Protection Act, or any other actions legally authorized for cemetery employees;
        (4) the acts of emergency medical personnel or
    
physicians performed in good faith and according to the usual and customary standards of medical practice in an attempt to resuscitate a life;
        (5) physicians licensed to practice medicine in a11
    
of its branches or holding a visiting professor, physician, or resident permit under the Medical Practice Act of 1987, performing acts in accordance with usual and customary standards of medical practice, or a currently enrolled student in an accredited medical school in furtherance of his or her education at the accredited medical school; or
        (6) removing or carrying away a corpse by the
    
employees, independent contractors, or other persons designated by the federally designated organ procurement agency engaged in the organ and tissue procurement process.
(Source: P.A. 97-1072, eff. 8-24-12.)

720 ILCS 5/12-21

    (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
    Sec. 12-21. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-21.5

    (720 ILCS 5/12-21.5)
    (This Section was renumbered as Section 12C-10 by P.A. 97-1109.)
    Sec. 12-21.5. (Renumbered).
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01. Renumbered by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-21.6

    (720 ILCS 5/12-21.6)
    (This Section was renumbered as Section 12C-5 by P.A. 97-1109.)
    Sec. 12-21.6. (Renumbered).
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 92-515, eff. 6-1-02; 92-651, eff. 7-11-02. Renumbered by 97-1109, eff. 1-1-13.)

720 ILCS 5/12-21.6-5

    (720 ILCS 5/12-21.6-5)
    Sec. 12-21.6-5. Parent or guardian leaving custody or control of child with child sex offender.
    (a) For the purposes of this Section, "minor" means a person under 18 years of age; and "child sex offender" means a sex offender who is required to register under the Sex Offender Registration Act and is a child sex offender as defined in Sections 11-9.3 and 11-9.4 of this Code.
    (b) It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor.
    (c) This Section does not apply to leaving the minor in the custody or control of, or allowing unsupervised access to the minor by:
        (1) a child sex offender who is the parent of the
    
minor;
        (2) a person convicted of a violation of subsection
    
(c) of Section 12-15 of this Code; or
        (3) a child sex offender who is married to and
    
living in the same household with the parent or guardian of the minor.
    This subsection (c) shall not be construed to allow a child sex offender to knowingly reside within 500 feet of the minor victim of the sex offense if prohibited by subsection (b-6) of Section 11-9.4 of this Code.
    (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
    (e) Nothing in this Section shall prohibit the filing of a petition or the instituting of any proceeding under Article II of the Juvenile Court Act of 1987 relating to abused minors.
(Source: P.A. 96-1094, eff. 1-1-11.)

720 ILCS 5/12-21.7

    (720 ILCS 5/12-21.7)
    Sec. 12-21.7. (Repealed).
(Source: P.A. 94-12, eff. 1-1-06. Repealed by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-22

    (720 ILCS 5/12-22)
    (This Section was renumbered as Section 12C-15 by P.A. 97-1109.)
    Sec. 12-22. (Renumbered).
(Source: P.A. 88-479. Renumbered by P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12-30

    (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
    (This Section was renumbered as Section 12-3.4 by P.A. 96-1551.)
    Sec. 12-30. (Renumbered).
(Source: P.A. 97-311, eff. 8-11-11. Renumbered by P.A. 96-1551, Article 1, Section 5, eff. 7-1-11.)

720 ILCS 5/12-31

    (720 ILCS 5/12-31) (from Ch. 38, par. 12-31)
    (This Section was renumbered as Section 12-34.5 by P.A. 96-1551.)
    Sec. 12-31. (Renumbered).
(Source: P.A. 88-392. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-32

    (720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
    Sec. 12-32. Ritual mutilation.
    (a) A person commits ritual mutilation when he or she knowingly mutilates, dismembers or tortures another person as part of a ceremony, rite, initiation, observance, performance or practice, and the victim did not consent or under such circumstances that the defendant knew or should have known that the victim was unable to render effective consent.
    (b) Ritual mutilation does not include the practice of male circumcision or a ceremony, rite, initiation, observance, or performance related thereto.
    (c) Sentence. Ritual mutilation is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-33

    (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
    Sec. 12-33. Ritualized abuse of a child.
    (a) A person commits ritualized abuse of a child when he or she knowingly commits any of the following acts with, upon, or in the presence of a child as part of a ceremony, rite or any similar observance:
        (1) actually or in simulation, tortures, mutilates,
    
or sacrifices any warm-blooded animal or human being;
        (2) forces ingestion, injection or other application
    
of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;
        (3) forces ingestion, or external application, of
    
human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;
        (4) involves the child in a mock, unauthorized or
    
unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;
        (5) places a living child into a coffin or open grave
    
containing a human corpse or remains;
        (6) threatens death or serious harm to a child, his
    
or her parents, family, pets, or friends that instills a well-founded fear in the child that the threat will be carried out; or
        (7) unlawfully dissects, mutilates, or incinerates a
    
human corpse.
    (b) The provisions of this Section shall not be construed to apply to:
        (1) lawful agricultural, animal husbandry, food
    
preparation, or wild game hunting and fishing practices and specifically the branding or identification of livestock;
        (2) the lawful medical practice of male circumcision
    
or any ceremony related to male circumcision;
        (3) any state or federally approved, licensed, or
    
funded research project; or
        (4) the ingestion of animal flesh or blood in the
    
performance of a religious service or ceremony.
    (b-5) For the purposes of this Section, "child" means any person under 18 years of age.
    (c) Ritualized abuse of a child is a Class 1 felony for a first offense. A second or subsequent conviction for ritualized abuse of a child is a Class X felony for which the offender may be sentenced to a term of natural life imprisonment.
    (d) (Blank).
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-34

    (720 ILCS 5/12-34)
    Sec. 12-34. Female genital mutilation.
    (a) Except as otherwise permitted in subsection (b), whoever knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another commits female genital mutilation. Consent to the procedure by a minor on whom it is performed or by the minor's parent or guardian is not a defense to a violation of this Section.
    (b) A surgical procedure is not a violation of subsection (a) if the procedure is performed by a physician licensed to practice medicine in all its branches and:
        (1) is necessary to the health of the person on whom
    
it is performed; or
        (2) is performed on a person who is in labor or who
    
has just given birth and is performed for medical purposes connected with that labor or birth.
    (c) Sentence. Female genital mutilation is a Class X felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 12, Subdiv. 25

 
    (720 ILCS 5/Art. 12, Subdiv. 25 heading)
SUBDIVISION 25. OTHER HARM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-34.5

    (720 ILCS 5/12-34.5) (was 720 ILCS 5/12-31)
    Sec. 12-34.5. Inducement to commit suicide.
    (a) A person commits inducement to commit suicide when he or she does either of the following:
        (1) Knowingly coerces another to commit suicide and
    
the other person commits or attempts to commit suicide as a direct result of the coercion, and he or she exercises substantial control over the other person through (i) control of the other person's physical location or circumstances; (ii) use of psychological pressure; or (iii) use of actual or ostensible religious, political, social, philosophical or other principles.
        (2) With knowledge that another person intends to
    
commit or attempt to commit suicide, intentionally (i) offers and provides the physical means by which another person commits or attempts to commit suicide, or (ii) participates in a physical act by which another person commits or attempts to commit suicide.
    For the purposes of this Section, "attempts to commit suicide" means any act done with the intent to commit suicide and which constitutes a substantial step toward commission of suicide.
    (b) Sentence. Inducement to commit suicide under paragraph (a)(1) when the other person commits suicide as a direct result of the coercion is a Class 2 felony. Inducement to commit suicide under paragraph (a)(2) when the other person commits suicide as a direct result of the assistance provided is a Class 4 felony. Inducement to commit suicide under paragraph (a)(1) when the other person attempts to commit suicide as a direct result of the coercion is a Class 3 felony. Inducement to commit suicide under paragraph (a)(2) when the other person attempts to commit suicide as a direct result of the assistance provided is a Class A misdemeanor.
    (c) The lawful compliance or a good-faith attempt at lawful compliance with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers of Attorney for Health Care Law is not inducement to commit suicide under paragraph (a)(2) of this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-35

    (720 ILCS 5/12-35)
    Sec. 12-35. Sexual conduct or sexual contact with an animal.
    (a) A person may not knowingly engage in any sexual conduct or sexual contact with an animal.
    (b) A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal.
    (c) A person may not knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control.
    (d) A person may not knowingly engage in, promote, aid, or abet any activity involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
    (e) Sentence. A person who violates this Section is guilty of a Class 4 felony. A person who violates this Section in the presence of a person under 18 years of age or causes the animal serious physical injury or death is guilty of a Class 3 felony.
    (f) In addition to the penalty imposed in subsection (e), the court may order that the defendant do any of the following:
        (1) Not harbor animals or reside in any household
    
where animals are present for a reasonable period of time or permanently, if necessary.
        (2) Relinquish and permanently forfeit all animals
    
residing in the household to a recognized or duly organized animal shelter or humane society.
        (3) Undergo a psychological evaluation and counseling
    
at defendant's expense.
        (4) Reimburse the animal shelter or humane society
    
for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society.
    (g) Nothing in this Section shall be construed to prohibit accepted animal husbandry practices or accepted veterinary medical practices by a licensed veterinarian or certified veterinary technician.
    (h) If the court has reasonable grounds to believe that a violation of this Section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section.
    (i) In this Section:
    "Animal" means every creature, either alive or dead, other than a human being.
    "Sexual conduct" means any knowing touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal, for the purpose of sexual gratification or arousal of the person.
    "Sexual contact" means any contact, however slight, between the sex organ or anus of a person and the sex organ, mouth, or anus of an animal, or any intrusion, however slight, of any part of the body of the person into the sex organ or anus of an animal, for the purpose of sexual gratification or arousal of the person. Evidence of emission of semen is not required to prove sexual contact.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-36

    (720 ILCS 5/12-36)
    Sec. 12-36. Possession of unsterilized or vicious dogs by felons prohibited.
    (a) For a period of 10 years commencing upon the release of a person from incarceration, it is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Section 26-5 or 48-1 of this Code, a felony violation of Article 24 of this Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, to knowingly own, possess, have custody of, or reside in a residence with, either:
        (1) an unspayed or unneutered dog or puppy older than
    
12 weeks of age; or
        (2) irrespective of whether the dog has been spayed
    
or neutered, any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
    (b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as described in subsection (a), must be microchipped for permanent identification.
    (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
    (d) It is an affirmative defense to prosecution under this Section that the dog in question is neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the defendant being charged with a violation of this Section. Medical records from, or the certificate of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally examined or operated upon the dog, unambiguously indicating whether the dog in question has been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
(Source: P.A. 96-185, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/12-37

    (720 ILCS 5/12-37)
    Sec. 12-37. Possession and sale of caustic and noxious substances.
    (a) Except as provided in subsection (b), it is unlawful for any person knowingly to have in his or her possession or to carry about any of the substances which are regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and are required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label.
    (b) Provided that the product is not used to threaten, intimidate, injure, or cause distress to another, the restrictions of subsection (a) do not apply to:
        (1) persons while engaged in the legitimate
    
commercial manufacture, distribution, storage, or use of the specified substances;
        (2) persons while engaged in legitimate scientific or
    
medical research, study, teaching or treatment involving the use of such substances, including without limitation physicians, pharmacists, scientists, teachers, students, and employees of regularly established laboratories, manufacturing and wholesale pharmacies, retail pharmacies, medical treatment facilities, schools, colleges, and universities;
        (3) persons who have procured any of the specified
    
substances for medicinal purposes upon a prescription of a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987;
        (4) commercial or consumer products that contain any
    
of the specified substances found in subsection (a) including, but not limited to, batteries;
        (5) production agriculture as defined in Section 3-5
    
of the Use Tax Act;
        (6) persons while engaged in the possession or
    
transportation, or both, of a commercial product containing any of the substances specified in subsection (a) for retail sale;
        (7) persons while engaged in the possession,
    
transportation, or use, unrelated to a retail sale, of any of the substances specified in subsection (a); or
        (8) persons engaged in the possession,
    
transportation, or use of a commercial product containing any of the substances specified in subsection (a).
    (c) Sentence. A violation of this Section is a Class 4 felony.
    (d) The regulation of the possession and carrying of caustic and noxious substances under this Section is an exclusive power and function of the State. A home rule unit may not regulate the possession and carrying of caustic and noxious substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12.)

720 ILCS 5/12-38

    (720 ILCS 5/12-38)
    Sec. 12-38. Restrictions on purchase or acquisition of corrosive or caustic acid.
    (a) A person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and is required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, must prior to taking possession:
        (1) provide a valid driver's license or other
    
government-issued identification showing the person's name, date of birth, and photograph; and
        (2) sign a log documenting the name and address of
    
the person, date and time of the transaction, and the brand, product name and net weight of the item.
    (b) Exemption. The requirements of subsection (a) do not apply to batteries or household products. For the purposes of this Section, "household product" means any product which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household, including, but not limited to, products which are customarily produced and distributed for use in or about a household as a cleaning agent, drain cleaner, pesticide, epoxy, paint, stain, or similar substance.
    (c) Rules and Regulations. The Illinois Department of State Police shall have the authority to promulgate rules for the implementation and enforcement of this Section.
    (d) Sentence. Any violation of this Section is a business offense for which a fine not exceeding $150 for the first violation, $500 for the second violation, or $1,500 for the third and subsequent violations within a 12-month period shall be imposed.
    (e) Preemption. The regulation of the purchase or acquisition, or both, of a caustic or corrosive substance and any registry regarding the sale or possession, or both, of a caustic or corrosive substance is an exclusive power and function of the State. A home rule unit may not regulate the purchase or acquisition of caustic or corrosive substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12; 97-929, eff. 8-10-12.)