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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 5/12B-20

    (720 ILCS 5/12B-20)
    Sec. 12B-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense:
        (1) that the defendant was a family member of the
    
minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;
        (2) that the minor who purchased the video game
    
exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;
        (3) for the video game retailer, if the retail sales
    
clerk had complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so; or
        (4) that the video game sold or rented was
    
pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.
(Source: P.A. 94-315, eff. 1-1-06.)

720 ILCS 5/12B-25

    (720 ILCS 5/12B-25)
    Sec. 12B-25. Labeling of sexually explicit video games.
    (a) Video game retailers shall label all sexually explicit video games as defined in this Act, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package.
    (b) A retailer who fails to comply with this Section is guilty of a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.)

720 ILCS 5/12B-30

    (720 ILCS 5/12B-30)
    Sec. 12B-30. Posting notification of video games rating system.
    (a) A retailer who sells or rents video games shall post a sign that notifies customers that a video game rating system, created by the Entertainment Software Ratings Board, is available to aid in the selection of a game. The sign shall be prominently posted in, or within 5 feet of, the area in which games are displayed for sale or rental, at the information desk if one exists, and at the point of purchase.
    (b) The lettering of each sign shall be printed, at a minimum, in 36-point type and shall be in black ink against a light colored background, with dimensions of no less than 18 by 24 inches.
    (c) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.)

720 ILCS 5/12B-35

    (720 ILCS 5/12B-35)
    Sec. 12B-35. Availability of brochure describing rating system.
    (a) A video game retailer shall make available upon request a brochure to customers that explains the Entertainment Software Ratings Board ratings system.
    (b) A retailer who fails to comply with this Section shall receive the punishment described in subsection (b) of Section 12B-25.
(Source: P.A. 94-315, eff. 1-1-06.)

720 ILCS 5/Art. 12C

 
    (720 ILCS 5/Art. 12C heading)
ARTICLE 12C. HARMS TO CHILDREN
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/Art. 12C, Subdiv. 1

 
    (720 ILCS 5/Art. 12C, Subdiv. 1 heading)
SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-5

    (720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)
    Sec. 12C-5. Endangering the life or health of a child.
    (a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left in a motor vehicle for more than 10 minutes.
    (c) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person.
    (d) Sentence. A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-10

    (720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
    Sec. 12C-10. Child abandonment.
    (a) A person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:
        (1) the age of the child;
        (2) the number of children left at the location;
        (3) special needs of the child, including whether the
    
child is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
        (4) the duration of time in which the child was left
    
without supervision;
        (5) the condition and location of the place where the
    
child was left without supervision;
        (6) the time of day or night when the child was left
    
without supervision;
        (7) the weather conditions, including whether the
    
child was left in a location with adequate protection from the natural elements such as adequate heat or light;
        (8) the location of the parent, guardian, or other
    
person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
        (9) whether the child's movement was restricted, or
    
the child was otherwise locked within a room or other structure;
        (10) whether the child was given a phone number of a
    
person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
        (11) whether there was food and other provision left
    
for the child;
        (12) whether any of the conduct is attributable to
    
economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
        (13) the age and physical and mental capabilities of
    
the person or persons who provided supervision for the child;
        (14) any other factor that would endanger the health
    
or safety of that particular child;
        (15) whether the child was left under the supervision
    
of another person.
    (c) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)

720 ILCS 5/12C-15

    (720 ILCS 5/12C-15) (was 720 ILCS 5/12-22)
    Sec. 12C-15. Child abandonment or endangerment; probation.
    (a) Whenever a parent of a child as determined by the court on the facts before it, pleads guilty to or is found guilty of, with respect to his or her child, child abandonment under Section 12C-10 of this Article or endangering the life or health of a child under Section 12C-5 of this Article, the court may, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person upon probation upon the reasonable terms and conditions as the court may require. At least one term of the probation shall require the person to cooperate with the Department of Children and Family Services at the times and in the programs that the Department of Children and Family Services may require.
    (b) Upon fulfillment of the terms and conditions imposed under subsection (a), the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be considered a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. However, a record of the disposition shall be reported by the clerk of the circuit court to the Department of State Police under Section 2.1 of the Criminal Identification Act, and the record shall be maintained and provided to any civil authority in connection with a determination of whether the person is an acceptable candidate for the care, custody and supervision of children.
    (c) Discharge and dismissal under this Section may occur only once.
    (d) Probation under this Section may not be for a period of less than 2 years.
    (e) If the child dies of the injuries alleged, this Section shall be inapplicable.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-20

    (720 ILCS 5/12C-20)
    Sec. 12C-20. Abandonment of a school bus containing children.
    (a) A school bus driver commits abandonment of a school bus containing children when he or she knowingly abandons the school bus while it contains any children who are without other adult supervision, except in an emergency where the driver is seeking help or otherwise acting in the best interests of the children.
    (b) Sentence. A 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. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-25

    (720 ILCS 5/12C-25)
    Sec. 12C-25. Contributing to the dependency and neglect of a minor.
    (a) Any parent, legal guardian or person having the custody of a child under the age of 18 years commits contributing to the dependency and neglect of a minor when he or she knowingly: (1) causes, aids, or encourages such minor to be or to become a dependent and neglected minor; (2) does acts which directly tend to render any such minor so dependent and neglected; or (3) fails to do that which will directly tend to prevent such state of dependency and neglect. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) "Dependent and neglected minor" means any child who, while under the age of 18 years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be is an unfit place for such child; and any child who while under the age of 10 years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing.
    (c) Sentence. A violation of this Section is a Class A misdemeanor.
    (d) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-30

    (720 ILCS 5/12C-30) (was 720 ILCS 5/33D-1)
    Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor.
    (a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent.
    (b) Contributing to the criminal delinquency of a minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
    (c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense.
    (d) Sentence.
        (1) A violation of subsection (a) is a Class A
    
misdemeanor.
        (2) A violation of subsection (b) is:
            (i) a Class C misdemeanor if the offense
        
committed is a petty offense or a business offense;
            (ii) a Class B misdemeanor if the offense
        
committed is a Class C misdemeanor;
            (iii) a Class A misdemeanor if the offense
        
committed is a Class B misdemeanor;
            (iv) a Class 4 felony if the offense committed is
        
a Class A misdemeanor;
            (v) a Class 3 felony if the offense committed is
        
a Class 4 felony;
            (vi) a Class 2 felony if the offense committed is
        
a Class 3 felony;
            (vii) a Class 1 felony if the offense committed
        
is a Class 2 felony; and
            (viii) a Class X felony if the offense committed
        
is a Class 1 felony or a Class X felony.
        (3) A violation of subsection (b) incurs the same
    
penalty as first degree murder if the committed offense is first degree murder.
    (e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/Art. 12C, Subdiv. 5

 
    (720 ILCS 5/Art. 12C, Subdiv. 5 heading)
SUBDIVISION 5. BODILY HARM OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-35

    (720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
    Sec. 12C-35. Tattooing the body of a minor.
    (a) A person, other than a person licensed to practice medicine in all its branches, commits tattooing the body of a minor when he or she knowingly or recklessly tattoos or offers to tattoo a person under the age of 18.
    (b) A person who is an owner or employee of a business that performs tattooing, other than a person licensed to practice medicine in all its branches, may not permit a person under 18 years of age to enter or remain on the premises where tattooing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.
    (c) "Tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
    (d) Subsection (a) of this Section does not apply to a person under 18 years of age who tattoos or offers to tattoo another person under 18 years of age away from the premises of any business at which tattooing is performed.
    (d-5) Subsections (a) and (b) of this Section do not apply to the removal of a tattoo from a person under 18 years of age, who is a victim of a violation of Section 10-9 of this Code or who is or has been a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, if the removal of the tattoo is performed in an establishment or multi-type establishment which has received a certificate of registration from the Department of Public Health or its agent under the Tattoo and Body Piercing Establishment Registration Act and the removal of the tattoo is performed by the operator or an authorized employee of the operator of the establishment or multi-type establishment. For the purposes of this subsection (d-5), "tattoo" also means the indelible mark or figure visible through the skin created by tattooing.
    (e) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 97-1109, eff. 1-1-13; 98-936, eff. 8-15-14.)

720 ILCS 5/12C-40

    (720 ILCS 5/12C-40) (was 720 ILCS 5/12-10.1)
    Sec. 12C-40. Piercing the body of a minor.
    (a)(1) A person commits piercing the body of a minor when he or she knowingly or recklessly pierces the body of a person under 18 years of age without written consent of a parent or legal guardian of that person. Before the oral cavity of a person under 18 years of age may be pierced, the written consent form signed by the parent or legal guardian must contain a provision in substantially the following form:
    "I understand that the oral piercing of the tongue, lips, cheeks, or any other area of the oral cavity carries serious risk of infection or damage to the mouth and teeth, or both infection and damage to those areas, that could result but is not limited to nerve damage, numbness, and life threatening blood clots.".
    A person who pierces the oral cavity of a person under 18 years of age without obtaining a signed written consent form from a parent or legal guardian of the person that includes the provision describing the health risks of body piercing, violates this Section.
    (2) A person who is an owner or employed by a business that performs body piercing may not permit a person under 18 years of age to enter or remain on the premises where body piercing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.
    (b) "Pierce" means to make a hole in the body in order to insert or allow the insertion of any ring, hoop, stud, or other object for the purpose of ornamentation of the body. "Piercing" does not include tongue splitting as defined in Section 12-10.2. The term "body" includes the oral cavity.
    (c) Exceptions. This Section may not be construed in any way to prohibit any injection, incision, acupuncture, or similar medical or dental procedure performed by a licensed health care professional or other person authorized to perform that procedure or the presence on the premises where that procedure is being performed by a health care professional or other person authorized to perform that procedure of a person under 18 years of age who is not accompanied by a parent or legal guardian. This Section does not prohibit ear piercing. This Section does not apply to a minor emancipated under the Juvenile Court Act of 1987 or the Emancipation of Minors Act or by marriage. This Section does not apply to a person under 18 years of age who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which body piercing or oral cavity piercing is performed.
    (d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-45

    (720 ILCS 5/12C-45) (was 720 ILCS 5/12-4.9)
    Sec. 12C-45. Drug induced infliction of harm to a child athlete.
    (a) A person commits drug induced infliction of harm to a child athlete when he or she knowingly distributes a drug to or encourages the ingestion of a drug by a person under the age of 18 with the intent that the person under the age of 18 ingest the drug for the purpose of a quick weight gain or loss in connection with participation in athletics.
    (b) This Section does not apply to care under usual and customary standards of medical practice by a physician licensed to practice medicine in all its branches or to the sale of drugs or products by a retail merchant.
    (c) Drug induced infliction of harm to a child athlete is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-50

    (720 ILCS 5/12C-50)
    Sec. 12C-50. Hazing.
    (a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution, if:
        (1) the act is not sanctioned or authorized by that
    
educational institution; and
        (2) the act results in bodily harm to any person.
    (b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-50.1

    (720 ILCS 5/12C-50.1)
    Sec. 12C-50.1. Failure to report hazing.
    (a) For purposes of this Section, "school official" includes any and all paid school administrators, teachers, counselors, support staff, and coaches and any and all volunteer coaches employed by a school, college, university, or other educational institution of this State.
    (b) A school official commits failure to report hazing when:
        (1) while fulfilling his or her official
    
responsibilities as a school official, he or she personally observes an act which is not sanctioned or authorized by that educational institution;
        (2) the act results in bodily harm to any person; and
        (3) the school official knowingly fails to report the
    
act to supervising educational authorities or, in the event of death or great bodily harm, to law enforcement.
    (c) Sentence. Failure to report hazing is a Class B misdemeanor. If the act which the person failed to report resulted in death or great bodily harm, the offense is a Class A misdemeanor.
    (d) It is an affirmative defense to a charge of failure to report hazing under this Section that the person who personally observed the act had a reasonable apprehension that timely action to stop the act would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
    (e) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of hazing and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-393, eff. 8-16-13.)

720 ILCS 5/Art. 12C, Subdiv. 10

 
    (720 ILCS 5/Art. 12C, Subdiv. 10 heading)
SUBDIVISION 10. CURFEW OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)