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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 1961.
720 ILCS 5/30‑1
(720 ILCS 5/30‑1) (from Ch. 38, par. 30‑1)
Sec. 30‑1.
Treason.
(a) A person owing allegiance to this
State commits treason when he or she knowingly:
(1) Levies war against this State; or
(2) Adheres to the enemies of this State, giving them
aid or comfort.
(b) No person may be convicted of treason except on the
testimony of 2 witnesses to the same overt act, or on his
confession in open court.
(c) Sentence. Treason is a Class X felony for which an
offender may be sentenced to death under Section 5‑5‑3 of
the Unified Code of Corrections.
(Source: P.A. 80‑1099.)
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720 ILCS 5/30‑2
(720 ILCS 5/30‑2) (from Ch. 38, par. 30‑2)
Sec. 30‑2.
Misprision of treason.
(a) A person owing allegiance to this State commits misprision of
treason when he conceals or withholds his knowledge that another has
committed treason against this State.
(b) Sentence.
Misprision of treason is a Class 4 felony.
(Source: P. A. 77‑2638.)
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720 ILCS 5/30‑3
(720 ILCS 5/30‑3) (from Ch. 38, par. 30‑3)
Sec. 30‑3.
Advocating overthrow of Government.
A person who advocates, or with knowledge of its contents knowingly
publishes, sells or distributes any document which advocates or with
knowledge of its purpose, knowingly becomes a member of any organization
which advocates the overthrow or reformation of the existing form of
government of this State by violence or unlawful means commits a Class 3
felony.
(Source: P. A. 77‑2638.)
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(720 ILCS 5/Art. 31 heading)
ARTICLE 31.
INTERFERENCE WITH PUBLIC OFFICERS
720 ILCS 5/31‑1
(720 ILCS 5/31‑1) (from Ch. 38, par. 31‑1)
Sec. 31‑1. Resisting or obstructing a peace officer, firefighter, or correctional
institution employee.
(a) A person who knowingly resists or obstructs the performance by one known
to the person to be a peace officer, firefighter, or correctional institution employee of any
authorized act within his official capacity commits a Class A misdemeanor.
(a‑5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional
institution employee to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service.
(a‑7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer, firefighter, or correctional
institution employee is guilty of a Class 4
felony.
(b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half‑way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, or a violation of mandatory supervised
release, or awaiting a bail setting hearing or preliminary hearing, or who
are
sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person, pipe person, and any
other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person. (Source: P.A. 95‑801, eff. 1‑1‑09.)
720 ILCS 5/31‑1a
(720 ILCS 5/31‑1a) (from Ch. 38, par. 31‑1a)
Sec. 31‑1a. Disarming a peace officer or correctional institution
employee. (a) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31‑1,
takes a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 1 felony.
(b) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31‑1,
attempts to take a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 2 felony. (Source: P.A. 96‑348, eff. 8‑12‑09.)
720 ILCS 5/31‑3
(720 ILCS 5/31‑3) (from Ch. 38, par. 31‑3)
Sec. 31‑3.
Obstructing service of process.
Whoever knowingly resists or obstructs the authorized service or
execution of any civil or criminal process or order of any court commits a
Class B misdemeanor.
(Source: P. A. 77‑2638.)
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720 ILCS 5/31‑4
(720 ILCS 5/31‑4) (from Ch. 38, par. 31‑4)
Sec. 31‑4.
Obstructing justice.
A person obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he knowingly commits
any of the following acts:
(a) Destroys, alters, conceals or disguises physical evidence, plants
false evidence, furnishes false information; or
(b) Induces a witness having knowledge material to the subject at issue
to leave the State or conceal himself; or
(c) Possessing knowledge material to the subject at issue, he leaves the
State or conceals himself.
(d) Sentence.
(1) Obstructing justice is a Class 4 felony, except |
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as provided in paragraph (2) of this subsection (d).
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(2) Obstructing justice in furtherance of streetgang
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related or gang‑related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.
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(Source: P.A. 90‑363, eff. 1‑1‑98.)
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720 ILCS 5/31‑4.5
(720 ILCS 5/31‑4.5) Sec. 31‑4.5. Obstructing identification. (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the
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peace officer has good cause to believe is a witness to a criminal offense.
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(b) Sentence. Obstructing identification is a Class A
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(Source: P.A. 96‑335, eff. 1‑1‑10.)
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720 ILCS 5/31‑5
(720 ILCS 5/31‑5) (from Ch. 38, par. 31‑5)
Sec. 31‑5.
Concealing or aiding a fugitive.
Every person not standing in the relation of husband, wife, parent,
child, brother or sister to the offender, who, with intent to prevent the
apprehension of the offender, conceals his knowledge that an offense has
been committed or harbors, aids or conceals the offender, commits a Class 4
felony.
(Source: P. A. 77‑2638.)
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720 ILCS 5/31‑6
(720 ILCS 5/31‑6) (from Ch. 38, par. 31‑6)
Sec. 31‑6. Escape; failure to report to a penal institution or to report
for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a
felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody
of an employee of that institution commits a Class 2 felony; however, a person
convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or
to report for periodic imprisonment at any time or knowingly fails to return
from furlough or from work and day release or who knowingly fails to abide
by the terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with the
commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person convicted
of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to
report for periodic imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails to abide by
the terms of home confinement is guilty of a Class B misdemeanor.
(b‑1) A person committed to the Department of Human Services under the
provisions of the Sexually Violent Persons Commitment Act or in detention with
the Department of Human Services awaiting such a commitment who intentionally
escapes from any secure residential facility or from the custody of an employee
of that facility commits a Class 2 felony.
(c) A person in the lawful custody of a peace officer for the alleged
commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody
commits a Class 2 felony; however, a person in the lawful custody of a
peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who
intentionally escapes from custody commits a Class A misdemeanor.
(c‑5) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of probation, conditional discharge, parole,
or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes
from custody is guilty of a Class 2 felony.
(c‑6) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of supervision, probation, or conditional
discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is
guilty of a Class A misdemeanor.
(d) A person who violates this Section
while armed with a dangerous weapon commits a Class 1 felony.
(Source: P.A. 95‑839, eff. 8‑15‑08; 95‑921, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)
720 ILCS 5/31‑7
(720 ILCS 5/31‑7) (from Ch. 38, par. 31‑7)
Sec. 31‑7. Aiding escape.
(a) Whoever, with intent to aid any prisoner in
escaping from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits a Class A
misdemeanor.
(b) Whoever knowingly aids a person convicted of a felony or charged
with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in escaping from any penal institution or
from the custody of any employee of that institution commits a Class 2
felony; however, whoever knowingly aids a person convicted of a felony
or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in failing to return from furlough
or from work and day release is guilty of a Class 3 felony.
(c) Whoever knowingly aids a person convicted of a misdemeanor or
charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in escaping from any penal
institution or from the custody of an employee of that institution commits
a Class A misdemeanor; however, whoever knowingly aids a person convicted
of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in failing
to return from furlough or from work and day release is guilty of a Class
B misdemeanor.
(d) Whoever knowingly aids a person in escaping from any public
institution, other than a penal institution, in which he is lawfully
detained, or from the custody of an employee of that institution, commits a
Class A misdemeanor.
(e) Whoever knowingly aids a person in the lawful custody of a peace
officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, in escaping from
custody commits a Class 2 felony; however, whoever knowingly aids a
person in the lawful custody of a peace officer for the alleged commission of
a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, in escaping from custody commits a Class A misdemeanor.
(f) An officer or employee of any penal institution who recklessly
permits any prisoner in his custody to escape commits a Class A
misdemeanor.
(f‑5) With respect to a person in the lawful custody of a peace
officer for an alleged violation of a term or condition of probation,
conditional discharge, parole, or mandatory supervised release for a felony,
whoever intentionally aids that person to escape from that custody is guilty of
a Class 2 felony.
(f‑6) With respect to a person who is in the lawful custody of a peace
officer for an alleged violation of a term or condition of supervision,
probation, or conditional discharge for a misdemeanor, whoever intentionally
aids that person to escape from that custody is guilty of a Class A
misdemeanor.
(g) A person who violates this Section while armed with a dangerous weapon
commits a Class 2 felony.
(Source: P.A. 95‑839, eff. 8‑15‑08; 95‑921, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)
720 ILCS 5/31‑8
(720 ILCS 5/31‑8) (from Ch. 38, par. 31‑8)
Sec. 31‑8.
Refusing
to aid an officer.
Whoever upon command refuses or knowingly fails reasonably to aid a
person known by him to be a peace officer in:
(a) Apprehending a person whom the officer is authorized to apprehend;
or
(b) Preventing the commission by another of any offense, commits a petty
offense.
(Source: P. A. 77‑2638.)
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(720 ILCS 5/31‑9)
Sec. 31‑9. Obstructing an emergency management worker. A person who
knowingly obstructs the performance by one known to the person to be an
emergency management worker of any authorized act within his or her official
capacity commits a Class A misdemeanor.
(Source: P.A. 94‑243, eff. 1‑1‑06.)
(720 ILCS 5/Art. 31A heading)
ARTICLE 31A.
INTERFERENCE WITH PENAL INSTITUTION
720 ILCS 5/31A‑1.1
(720 ILCS 5/31A‑1.1) (from Ch. 38, par. 31A‑1.1)
Sec. 31A‑1.1. Bringing Contraband into a Penal Institution;
Possessing Contraband in a Penal Institution.
(a) A person commits the offense of bringing contraband into a penal
institution when he knowingly and without authority of any person designated
or authorized to grant such authority (1) brings an item of contraband into
a penal institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give an
inmate access to the contraband.
(b) A person commits the offense of possessing contraband in a
penal institution when he possesses contraband in a penal institution,
regardless of the intent with which he possesses it.
(c) For the purposes of this Section, the words and phrases
listed below shall be defined as follows:
(1) "Penal institution" means any penitentiary,
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State farm, reformatory, prison, jail, house of correction, police detention area, half‑way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Act shall not apply to that part of such building unrelated to the incarceration or custody of persons.
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(2) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined
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in Section 1‑3.05 of the Liquor Control Act of 1934.
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(ii) "Cannabis" as such term is defined in
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subsection (a) of Section 3 of the Cannabis Control Act.
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(iii) "Controlled substance" as such term is
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defined in the Illinois Controlled Substances Act.
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(iii‑a) "Methamphetamine" as such term is defined
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in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
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(iv) "Hypodermic syringe" or hypodermic needle,
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or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
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(v) "Weapon" means any knife, dagger, dirk,
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billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
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(vi) "Firearm" means any device, by whatever
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name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
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(A) any pneumatic gun, spring gun, or B‑B
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gun which expels a single globular projectile not exceeding .18 inch in diameter, or;
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(B) any device used exclusively for
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signaling or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
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(C) any device used exclusively for the
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firing of stud cartridges, explosive rivets or industrial ammunition; or
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(D) any device which is powered by
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electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.
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(vii) "Firearm ammunition" means any
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self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
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(A) any ammunition exclusively designed for
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use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
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(B) any ammunition designed exclusively for
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use with a stud or rivet driver or other similar industrial ammunition.
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(viii) "Explosive" means, but is not limited to,
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bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
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(ix) "Tool to defeat security mechanisms" means,
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but is not limited to, handcuff or security restraint key, tool designed to pick locks, or device or instrument capable of unlocking handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
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(x) "Cutting tool" means, but is not limited to,
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hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
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(xi) "Electronic contraband" means, but is not
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limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.
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(d) Bringing alcoholic liquor into a penal institution is a Class 4
felony. Possessing alcoholic liquor in a penal institution is a Class 4
felony.
(e) Bringing cannabis into a penal institution is a Class 3 felony.
Possessing cannabis in a penal institution is a Class 3 felony.
(f) Bringing any amount of a controlled substance classified in
Schedules III, IV or V of Article II of the Controlled Substance Act into a
penal institution is a Class 2 felony. Possessing any amount of a
controlled substance classified in Schedule III, IV, or V of Article II of
the Controlled Substance Act in a penal institution is a Class 2 felony.
(g) Bringing any amount of a controlled substance classified in
Schedules I or II of Article II of the Controlled Substance Act into a
penal institution is a Class 1 felony. Possessing any amount of a
controlled substance classified in Schedules I or II of Article II of the
Controlled Substance Act in a penal institution is a Class 1 felony.
(h) Bringing an item of contraband listed in paragraph (iv) of
subsection (c)(2) into a penal institution is a Class 1 felony. Possessing
an item of contraband listed in paragraph (iv) of subsection (c)(2) in a
penal institution is a Class 1 felony.
(i) Bringing an item of contraband listed in paragraph (v), (ix),
(x), or (xi)
of subsection
(c)(2) into a penal institution is a Class 1 felony. Possessing an item of
contraband listed in paragraph (v), (ix), (x), or (xi) of
subsection (c)(2) in a
penal
institution is a Class 1 felony.
(j) Bringing an item of contraband listed in paragraphs (vi), (vii) or
(viii) of subsection (c)(2) in a penal institution is a Class X felony.
Possessing an item of contraband listed in paragraphs (vi), (vii), or
(viii) of subsection (c)(2) in a penal institution is a Class X felony.
(k) It shall be an affirmative defense to subsection
(b) hereof, that
such possession was specifically authorized by rule, regulation, or
directive of the governing authority of the penal institution or order
issued pursuant thereto.
(l) It shall be an affirmative defense to subsection (a)(1) and
subsection (b) hereof that the person bringing into or possessing
contraband in a penal institution had been arrested, and that that person
possessed such contraband at the time of his
arrest, and that such contraband was brought into or possessed in the penal
institution by that person as a direct and immediate result of his arrest.
(m) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law.
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑1017, eff. 7‑7‑06.)
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720 ILCS 5/31A‑1.2
(720 ILCS 5/31A‑1.2) (from Ch. 38, par. 31A‑1.2)
Sec. 31A‑1.2. Unauthorized bringing of contraband into a penal institution
by an employee; unauthorized possessing of contraband in a penal institution by
an employee; unauthorized delivery of contraband in a penal institution by an
employee.
(a) A person commits the offense of unauthorized bringing of contraband into
a penal institution by an employee when a person who is an employee knowingly
and without authority of
any person designated or authorized to grant such
authority:
(1) brings or attempts to bring an item of
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contraband listed in subsection (d)(4) into a penal institution, or
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(2) causes or permits another to bring an item of
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contraband listed in subsection (d)(4) into a penal institution.
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(b) A person commits the offense of unauthorized possession of contraband in
a penal institution by an employee when a person who is an employee knowingly
and without authority of any person designated or authorized to grant such
authority possesses contraband listed in
subsection (d)(4) in a penal institution, regardless of the intent with which
he possesses it.
(c) A person commits the offense of unauthorized delivery of contraband
in a penal institution by an employee when a person who is an employee
knowingly and without authority of any person designated or authorized to grant
such authority:
(1) delivers or possesses with intent to deliver an
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item of contraband to any inmate of a penal institution, or
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(2) conspires to deliver or solicits the delivery of
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an item of contraband to any inmate of a penal institution, or
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(3) causes or permits the delivery of an item of
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contraband to any inmate of a penal institution, or
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(4) permits another person to attempt to deliver an
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item of contraband to any inmate of a penal institution.
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(d) For purpose of this Section, the words and phrases listed below
shall be defined as follows:
(1) "Penal Institution" shall have the meaning
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ascribed to it in subsection (c)(1) of Section 31A‑1.1 of this Code;
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(2) "Employee" means any elected or appointed
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officer, trustee or employee of a penal institution or of the governing authority of the penal institution, or any person who performs services for the penal institution pursuant to contract with the penal institution or its governing authority.
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(3) "Deliver" or "delivery" means the actual,
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constructive or attempted transfer of possession of an item of contraband, with or without consideration, whether or not there is an agency relationship;
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(4) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined
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in Section 1‑3.05 of the Liquor Control Act of 1934.
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(ii) "Cannabis" as such term is defined in
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subsection (a) of Section 3 of the Cannabis Control Act.
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(iii) "Controlled substance" as such term is
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defined in the Illinois Controlled Substances Act.
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(iii‑a) "Methamphetamine" as such term is defined
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in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
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(iv) "Hypodermic syringe" or hypodermic needle,
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or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
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(v) "Weapon" means any knife, dagger, dirk,
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billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
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(vi) "Firearm" means any device, by whatever
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name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
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(A) any pneumatic gun, spring gun, or B‑B
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gun which expels a single globular projectile not exceeding .18 inch in diameter; or
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(B) any device used exclusively for
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signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
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(C) any device used exclusively for the
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firing of stud cartridges, explosive rivets or industrial ammunition; or
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(D) any device which is powered by
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electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.
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(vii) "Firearm ammunition" means any
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self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
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(A) any ammunition exclusively designed for
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use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
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(B) any ammunition designed exclusively for
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use with a stud or rivet driver or other similar industrial ammunition.
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(viii) "Explosive" means, but is not limited to,
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bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
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(ix) "Tool to defeat security mechanisms" means,
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but is not limited to, handcuff or security restraint key, tool designed to pick locks, or device or instrument capable of unlocking handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
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(x) "Cutting tool" means, but is not limited to,
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hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
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(xi) "Electronic contraband" means, but is not
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limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment.
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For a violation of subsection (a) or (b) involving a cellular telephone or cellular telephone battery, the defendant must intend to provide the cellular telephone or cellular telephone battery to any inmate in a penal institution, or to use the cellular telephone or cellular telephone battery at the direction of an inmate or for the benefit of any inmate of a penal institution.
(e) A violation of paragraphs (a) or (b) of this Section involving alcohol
is a Class 4 felony. A violation of paragraph (a) or (b) of this Section
involving cannabis is a Class 2 felony. A violation of paragraph (a) or (b)
involving any amount of a controlled substance classified in Schedules III, IV
or V of Article II of the Illinois Controlled Substances Act is a Class 1
felony. A
violation of paragraph (a) or (b) of this Section involving any amount of a
controlled substance classified in Schedules I or II of Article II of the
Illinois Controlled Substances Act is a Class X felony. A violation of
paragraph (a) or
(b) involving an item of contraband listed in paragraph (iv) of subsection
(d)(4) is a Class X felony. A violation of paragraph (a) or (b) involving an
item of contraband listed in paragraph (v) or (xi) of subsection (d)(4) is
a Class 1
felony. A violation of paragraph (a) or (b) involving an item of contraband
listed in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a Class X
felony.
(f) A violation of paragraph (c) of this Section involving alcoholic
liquor is a Class 3 felony. A violation of paragraph (c) involving cannabis
is a Class 1 felony. A violation of paragraph (c) involving any amount of a
controlled substance classified in Schedules III, IV or V of Article II of the
Illinois Controlled Substances Act is a Class X felony. A violation of
paragraph (c)
involving any amount of a controlled substance classified in Schedules I or II
of Article II of the Illinois Controlled Substances Act is a Class X felony
for which
the minimum term of imprisonment shall be 8 years. A violation of paragraph
(c) involving an item of contraband listed in paragraph (iv) of subsection
(d)(4) is a Class X felony for which the minimum term of imprisonment shall be
8 years. A violation of paragraph (c) involving an item of contraband listed
in paragraph (v), (ix) or (x) of subsection (d)(4) is a Class X felony for
which the minimum
term of imprisonment shall be 10 years. A violation of paragraph (c) involving
an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection
(d)(4) is a Class X felony for which the minimum term of imprisonment shall be
12 years.
(g) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law.
(h) For a violation of subsection (a) or (b) involving items described in clause (i), (v), (vi), (vii), (ix), (x), or (xi) of paragraph (4) of subsection (d), such items shall not be considered to be in a penal institution when they are secured in an employee's locked, private motor vehicle parked on the grounds of a penal institution.
(Source: P.A. 95‑962, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)
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(720 ILCS 5/Art. 32 heading)
ARTICLE 32.
INTERFERENCE WITH JUDICIAL PROCEDURE
720 ILCS 5/32‑1
(720 ILCS 5/32‑1) (from Ch. 38, par. 32‑1)
Sec. 32‑1.
Compounding a crime.
(a) A person compounds a crime when he receives or offers to another any
consideration for a promise not to prosecute or aid in the prosecution of
an offender.
(b) Sentence. Compounding a crime is a petty offense.
(Source: P. A. 77‑2638.)
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720 ILCS 5/32‑2
(720 ILCS 5/32‑2) (from Ch. 38, par. 32‑2)
Sec. 32‑2.
Perjury.
(a) A person commits perjury when, under oath or affirmation, in a
proceeding or in any other matter where by law such oath or affirmation is
required, he makes a false statement, material to the issue or point in
question, which he does not believe to be true.
(b) Proof of Falsity.
An indictment or information for perjury alleging that the offender,
under oath, has made contradictory statements, material to the issue or
point in question, in the same or in different proceedings, where such oath
or affirmation is required, need not specify which statement is false. At
the trial, the prosecution need not establish which statement is false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same continuous
trial, an admission by the offender in that same continuous trial of the
falsity of a contradictory statement shall bar prosecution therefor under
any provisions of this Code.
(d) A person shall be exempt from prosecution under subsection (a) of
this Section if he is a peace officer who uses a false or fictitious name
in the enforcement of the criminal laws,
and such use is approved in writing as provided in Section 10‑1 of "The
Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to
the
use of an assumed name in the conduct or transaction of business in this
State", approved
July 17, 1941, as amended, or Section 2605‑200 of the Department
of State Police Law (20 ILCS 2605/2605‑200). However, this exemption shall not apply to testimony
in judicial proceedings where the identity of the peace officer is material
to the issue, and he is ordered by the court to disclose his identity.
(e) Sentence.
Perjury is a Class 3 felony.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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720 ILCS 5/32‑3
(720 ILCS 5/32‑3) (from Ch. 38, par. 32‑3)
Sec. 32‑3.
Subornation of perjury.
(a) A person commits subornation of perjury when he procures or induces
another to make a statement in violation of Section 32‑2 which the person
knows to be false.
(b) Sentence.
Subornation of perjury is a Class 4 felony.
(Source: P. A. 77‑2638.)
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(720 ILCS 5/32‑4) (from Ch. 38, par. 32‑4)
Sec. 32‑4. Communicating with jurors and witnesses.
(a) A person who, with intent to influence any person whom he believes
has been summoned as a juror, regarding any matter which is or may be
brought before such juror, communicates, directly or indirectly, with such
juror otherwise than as authorized by law commits a Class 4 felony.
(b) A person who, with intent to deter any party or witness from
testifying freely, fully and truthfully to any matter pending in any court,
or before a Grand Jury, Administrative agency or any other State or local
governmental unit, forcibly detains such party or witness, or communicates,
directly or indirectly, to such party or witness any knowingly false
information or a threat of injury or damage to the property or person of
any individual or offers or delivers or threatens to withhold money or
another thing of value to
any individual commits a
Class 3 felony.
(c) A person who violates the Juror Protection Act commits a Class 4 felony.
(Source: P.A. 94‑186, eff. 1‑1‑06.)
(720 ILCS 5/32‑4a) (from Ch. 38, par. 32‑4a)
Sec. 32‑4a. Harassment of representatives for the child, jurors,
witnesses and others.
(a) A person who, with intent to harass or annoy one who has served or
is serving or who is a family member of a person who has served or is
serving (1) as a juror because of the verdict returned by the jury in a
pending legal proceeding or the participation of the juror in the verdict or
(2) as a witness, or who may be expected to serve as a witness in a
pending legal proceeding, or who was expected to serve as a witness but who did not serve as a witness because the charges against the defendant were dismissed or because the defendant pleaded guilty to the charges against him or her, because of the testimony
or potential testimony of the witness or person who may be expected or may have been expected to serve as a witness, communicates directly
or indirectly with the juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of a juror
or witness or person who may be expected or may have been expected to serve as a witness in such manner
as to produce mental
anguish or emotional distress or who conveys a threat of injury or damage
to the property or person of any juror, witness or person who may be expected or may have been expected to serve as a witness, or family member
of the juror or witness or person who may be expected or may have been expected to serve as a witness commits a Class 2
felony.
(b) A person who, with intent to harass or annoy one who has served or is
serving or who is a family member of a person who has served or is serving
as a representative for the child, appointed under Section 506 of
the Illinois Marriage and Dissolution of Marriage Act or Section 2‑502 of the Code of Civil
Procedure, because of the representative service of that capacity, communicates
directly or indirectly with the representative or a family member of the
representative in such manner as to produce
mental anguish or emotional distress or who conveys a threat of injury or
damage to the property or person of any representative or a family member of
the representative commits a Class A
misdemeanor.
(c) For purposes of this Section, "family member" means a spouse, parent,
child, stepchild or other person related by blood or by present marriage, a
person who has, or allegedly has a child in common, and a person who shares or
allegedly shares a
blood relationship through a child.
(Source: P.A. 93‑108, eff. 1‑1‑04; 93‑818, eff. 7‑27‑04.)
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720 ILCS 5/32‑4b
(720 ILCS 5/32‑4b) (from Ch. 38, par. 32‑4b)
Sec. 32‑4b.
A jury commissioner, or any other person acting on behalf of
a jury commissioner, who requests, solicits, suggests, or accepts financial
compensation or any other form of consideration in exchange for a promise
to excuse or for excusing any person from jury duty commits a Class 3 felony.
In addition to any other penalty provided by law, any jury commissioner
convicted under this Section shall forfeit the performance bond required by
Section 1 of "An Act in relation to jury commissioners and authorizing
judges to appoint such commissioners and to make rules concerning their
powers and duties", approved June 15, 1887, as amended, and shall be
excluded from further service as a jury commissioner.
(Source: P.A. 84‑1428.)
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720 ILCS 5/32‑4c
(720 ILCS 5/32‑4c)
Sec. 32‑4c.
Witnesses; prohibition on accepting payments before judgment
or verdict.
(a) A person who, after the commencement of a criminal prosecution, has
been identified in the criminal discovery process
as a person who may be called as a witness in a criminal proceeding shall not
accept or receive,
directly or indirectly, any payment or benefit in consideration for providing
information obtained as a result of witnessing an event or occurrence or
having
personal knowledge of certain facts in relation to the criminal proceeding.
(b) A violation of this Section is a Class B misdemeanor for which the court
may impose a fine not to exceed 3 times the amount of compensation requested,
accepted, or received.
(c) This Section remains applicable until the judgment of the court in the
action if the defendant is tried by the court without a jury
or the rendering of
the
verdict by the jury if the defendant is tried by jury in the action.
(d) This Section does not apply to any of the following circumstances:
(1) To the lawful compensation paid to expert |
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witnesses, investigators, employees, or agents by a prosecutor, law enforcement agency, or an attorney employed to represent a person in a criminal matter.
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(2) To the lawful compensation or benefits provided
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to an informant by a prosecutor or law enforcement agency.
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(2.5) To the lawful compensation or benefits, or
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both, provided to an informant under a local anti‑crime program, such as Crime Stoppers, We‑Tip, and similar programs designed to solve crimes or that foster the detection of crime and encourage persons through the programs and otherwise to come forward with information about criminal activity.
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(2.6) To the lawful compensation or benefits, or
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both, provided by a private individual to another private individual as a reward for information leading to the arrest and conviction of specified offenders.
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(3) To the lawful compensation paid to a publisher,
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editor, reporter, writer, or other person connected with or employed by a newspaper, magazine, television or radio station or any other publishing or media outlet for disclosing information obtained from another person relating to an offense.
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(e) For purposes of this Section, "publishing or media outlet" means a
news gathering organization that sells or distributes news to newspapers,
television, or radio stations, or a cable or broadcast television or radio
network that disseminates news and information.
(f) The person referred to in subsection (a) of this Section may receive
written notice from counsel for either the prosecution or defense of the fact
that he or she has been identified as a person who may be called as a witness
in
a criminal proceeding and his or her responsibilities and possible
penalties under this Section. This Section shall be applicable only if the
person referred to in subsection (a) of this Section received the written
notice referred to in this subsection (f).
(Source: P.A. 90‑506, eff. 8‑19‑97.)
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720 ILCS 5/32‑4d
(720 ILCS 5/32‑4d)
Sec. 32‑4d.
Payment of jurors by parties prohibited.
(a) After a verdict has been rendered in a civil or criminal case, a person
who was
a plaintiff or defendant in the case may not offer or pay an award or other fee
to a juror
who was a member of the jury that rendered the verdict in the case.
(b) After a verdict has been rendered in a civil or criminal case, a member
of the
jury that rendered the verdict may not accept an award or fee from the
plaintiff or
defendant in that case.
(c) A violation of this Section is a Class A misdemeanor.
(d) This Section does not apply to the payment of a fee or award to a
person who was a juror for purposes unrelated to the jury's verdict or to the
outcome of
the case.
(Source: P.A. 91‑879, eff. 1‑1‑01.)
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720 ILCS 5/32‑4e
(720 ILCS 5/32‑4e) Sec. 32‑4e. Interfering with the duties of a judicial officer. (a) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to a judicial officer or a member of the judicial officer's immediate family with the intent to: (1) induce such judicial officer to do, or fail to
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do, any act in violation of the lawful execution of his or her official duties; or
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(2) induce such judicial officer to commit or aid in
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the commission of any fraud, or to collude in, allow, or make available the opportunity for the commission of any fraud on the State of Illinois.
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(b) A person may not give or offer to give benefits,
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promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to court employees and staff with the intent to interfere with the administration of the judicial process.
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(c) Sentence. A person who violates this Section commits a Class 2 felony.
(d) Definitions. For purposes of this Section:
"Judicial officer" means a justice, judge, associate
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judge, or magistrate of a court of the United States of America or the State of Illinois.
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"Immediate family" means a judicial officer's spouse or
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(Source: P.A. 95‑1035, eff. 6‑1‑09.)
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720 ILCS 5/32‑4f
(720 ILCS 5/32‑4f) Sec. 32‑4f. Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious liens. A person who files or causes to be filed, in any public record or in any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois with knowledge that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, and with the intent of retaliating against that Judge for the performance or non‑performance of an official judicial duty, is guilty of a violation of this Section. A person is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 95‑1035, eff. 6‑1‑09.)
720 ILCS 5/32‑5
(720 ILCS 5/32‑5) (from Ch. 38, par. 32‑5)
Sec. 32‑5. False
personation of attorney, judicial, or governmental officials.
(a) A person who falsely represents himself or herself to be an attorney
authorized to practice law for purposes of compensation or consideration
commits a Class 4 felony. This subsection (a) does not apply to a person who
unintentionally fails to pay attorney registration fees established by Supreme
Court Rule.
(b) A person who falsely represents himself or herself to be a public
officer or a public employee or an official or employee of the federal government commits a Class A
misdemeanor. If the false representation is made in furtherance of the commission of a felony, the penalty for a violation of this subsection (b) is a Class 4 felony.
(c) A person who falsely represents himself or herself to be a public
officer or a public employee commits a Class 4 felony if that false representation was for the purpose of effectuating identity theft as defined in Section 16G‑15 of this Code.
(Source: P.A. 94‑985, eff. 1‑1‑07; 95‑324, eff. 1‑1‑08; 95‑625, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08.)
(720 ILCS 5/32‑5.1) (from Ch. 38, par. 32‑5.1)
Sec. 32‑5.1. False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself
to be a peace
officer commits a Class 4 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)
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