(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
Sec. 10-5. Child abduction.
(a) For purposes of this Section, the following terms have
the following meanings:
(1) "Child" means a person who, at the time the |
| alleged violation occurred, was under the age of 18 or was a person with a severe or profound intellectual disability.
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(2) "Detains" means taking or retaining physical
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| custody of a child, whether or not the child resists or objects.
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(2.1) "Express consent" means oral or written
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| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
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(2.2) "Luring" means any knowing act to solicit,
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| entice, tempt, or attempt to attract the minor.
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(3) "Lawful custodian" means a person or persons
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| granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.
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(4) "Putative father" means a man who has a
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| reasonable belief that he is the father of a child born of a woman who is not his wife.
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(5) "Unlawful purpose" means any misdemeanor or
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| felony violation of State law or a similar federal or sister state law or local ordinance.
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(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court
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| order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.
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(2) Intentionally violates a court order prohibiting
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| the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
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(3) Intentionally conceals, detains, or removes the
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| child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.
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(4) Intentionally conceals or removes the child from
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| a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.
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(5) At the expiration of visitation rights outside
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| the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
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(6) Being a parent of the child, and if the parents
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| of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.
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(7) Being a parent of the child, and if the parents
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| of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.
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(8) Knowingly conceals, detains, or removes the child
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| for payment or promise of payment at the instruction of a person who has no legal right to custody.
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(9) Knowingly retains in this State for 30 days a
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| child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
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(10) Intentionally lures or attempts to lure a child:
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| (A) under the age of 17 or (B) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose. For the purposes of this item (10), the trier of fact may infer that luring or attempted luring of a child under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place without the express consent of the child's parent or lawful custodian or with the intent to avoid the express consent of the child's parent or lawful custodian was for other than a lawful purpose.
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(11) With the intent to obstruct or prevent efforts
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| to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
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(c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a
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| court order granting legal custody or visitation rights that existed at the time of the alleged violation;
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(2) the person had physical custody of the child
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| pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible;
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(3) the person was fleeing an incidence or pattern of
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(4) the person lured or attempted to lure a child
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| under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b).
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(d) A person convicted of child abduction under this Section is guilty of
a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. A person convicted of a second or subsequent violation of
paragraph (10) of subsection (b) of this Section is guilty of a Class 3
felony. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense is guilty of a Class 2 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court
may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code
of Corrections if, upon sentencing, the court finds evidence of any of the
following aggravating factors:
(1) that the defendant abused or neglected the child
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| following the concealment, detention, or removal of the child;
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(2) that the defendant inflicted or threatened to
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| inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause that parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section;
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(3) that the defendant demanded payment in exchange
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| for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child;
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(4) that the defendant has previously been convicted
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(5) that the defendant committed the abduction while
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| armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
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(6) that the defendant committed the abduction while
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| in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.
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(e) The court may order the child to be returned to the parent or lawful
custodian from whom the child was concealed, detained, or removed. In
addition to any sentence imposed, the court may assess any reasonable
expense incurred in searching for or returning the child against any
person convicted of violating this Section.
(f) Nothing contained in this Section shall be construed to limit the
court's contempt power.
(g) Every law enforcement officer investigating an alleged incident of
child abduction shall make a written police report of any bona fide
allegation and the disposition of that investigation. Every police report
completed pursuant to this Section shall be compiled and recorded within
the meaning of Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to believe a child
abduction has occurred, she or he shall provide the lawful custodian a summary of
her or his rights under this Code, including the procedures and relief
available to her or him.
(i) If during the course of an investigation under this
Section the child is found in the physical custody of the defendant or
another, the law enforcement officer shall return the child to the parent
or lawful custodian from whom the child was concealed, detained, or removed,
unless there is good cause for the law enforcement officer or the
Department of Children and Family Services to retain temporary protective
custody of the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/10-5.1)
Sec. 10-5.1. Luring of a minor. (a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor: (1) knowing the minor is under 15 years of age; (2) with the intent to persuade, lure or transport |
| the minor away from his or her home, or other location known by the minor's parent or legal guardian to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person's
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| parent or legal guardian;
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(5) with the intent to avoid the express consent of
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| the person's parent or legal guardian;
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(6) after so communicating, commits any act in
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| furtherance of the intent described in clause (a)(2); and
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(7) is a stranger to the parents or legal guardian of
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(b) A person commits the offense of luring of a minor when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport
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| the minor away from his or her home or other location known by the minor's parent or legal guardian, to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person's
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| parent or legal guardian;
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(5) with the intent to avoid the express consent of
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| the person's parent or legal guardian;
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(6) after so communicating, commits any act in
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| furtherance of the intent described in clause (b)(2); and
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(7) is a stranger to the parents or legal guardian of
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(c) Definitions. For purposes of this Section:
(1) "Emergency situation" means a situation in which
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| the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
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(2) "Express consent" means oral or written
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| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
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(3) "Contacts or communicates electronically"
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| includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
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(4) "Luring" shall mean any knowing act to solicit,
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| entice, tempt, or attempt to attract the minor.
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(5) "Minor" shall mean any person under the age of 15.
(6) "Stranger" shall have its common and ordinary
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| meaning, including but not limited to, a person that is either not known by the parents of the minor or does not have any association with the parents of the minor.
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(7) "Unlawful purpose" shall mean any misdemeanor or
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| felony violation of State law or a similar federal or sister state law or local ordinance.
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(d) This Section may not be interpreted to criminalize an act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization.
(e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense
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| under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
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(2) It shall be an affirmative defense to any offense
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| under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
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(3) It shall not be a defense to the prosecution of
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| any offense under this Section 10-5.1 if the person who is contacted by the offender is posing as a minor and is in actuality an adult law enforcement officer.
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(g) Penalties.
(1) A first offense of luring of a minor under
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| subsection (a) shall be a Class 4 felony. A person convicted of luring of a minor under subsection (a) shall undergo a sex offender evaluation prior to a sentence being imposed. An offense of luring of a minor under subsection (a) when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is guilty of a Class 2 felony.
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(2) A first offense of luring of a minor under
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| subsection (b) is a Class B misdemeanor.
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(3) A second or subsequent offense of luring of a
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| minor under subsection (a) is a Class 3 felony. A second or subsequent offense of luring of a minor under subsection (b) is a Class 4 felony. A second or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class 1 felony. A defendant convicted a second time of an offense under subsection (a) or (b) shall register as a sexual predator of children pursuant to the Sex Offender Registration Act.
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(4) A third or subsequent offense is a Class 1
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| felony. A third or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class X felony.
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(h) For violations of subsection (a), jurisdiction shall be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.
(Source: P.A. 95-625, eff. 6-1-08 .)
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(720 ILCS 5/10-9) Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses. (a) Definitions. In this Section: (1) "Intimidation" has the meaning prescribed in Section 12-6. (2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.
(2.5) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exist for the purpose of making profit. (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. (4) (Blank). (5) "Labor" means work of economic or financial value. (6) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service. (7) "Obtain" means, in relation to labor or services, to secure performance thereof. (7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (8) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution. (9) "Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. (10) "Trafficking victim" means a person subjected to the practices set forth in subsection (b), (c), or (d). (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means: (1) causes or threatens to cause physical harm to any |
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(2) physically restrains or threatens to physically
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(3) abuses or threatens to abuse the law or legal
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(4) knowingly destroys, conceals, removes,
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| confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
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(5) uses intimidation, or exerts financial control
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(6) uses any scheme, plan, or pattern intended to
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| cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint.
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Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and:
(1) there is no overt force or threat and the minor
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| is between the ages of 17 and 18 years;
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(2) there is no overt force or threat and the minor
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| is under the age of 17 years; or
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(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection by a person is a Class 1 felony. A violation of this subsection by a company is a business offense for which a fine of up to $100,000 may be imposed.
(e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of
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| this Section, a victim suffered bodily injury, the defendant may be sentenced to an extended-term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.
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(2) Number of victims. In determining sentences
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| within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.
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(g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
(i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
(j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-18, eff. 1-1-20 .)
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(720 ILCS 5/11-0.1) Sec. 11-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Accused" means a person accused of an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code. "Adult obscenity or child pornography Internet site". See Section 11-23. "Advance prostitution" means: (1) Soliciting for a prostitute by performing any of |
| the following acts when acting other than as a prostitute or a patron of a prostitute:
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(A) Soliciting another for the purpose of
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(B) Arranging or offering to arrange a meeting of
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| persons for the purpose of prostitution.
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(C) Directing another to a place knowing the
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| direction is for the purpose of prostitution.
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(2) Keeping a place of prostitution by controlling or
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| exercising control over the use of any place that could offer seclusion or shelter for the practice of prostitution and performing any of the following acts when acting other than as a prostitute or a patron of a prostitute:
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(A) Knowingly granting or permitting the use of
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| the place for the purpose of prostitution.
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(B) Granting or permitting the use of the place
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| under circumstances from which he or she could reasonably know that the place is used or is to be used for purposes of prostitution.
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(C) Permitting the continued use of the place
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| after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution.
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"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.
"Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations:
(1) when the accused threatens to use force or
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| violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or
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(2) when the accused overcomes the victim by use of
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| superior strength or size, physical restraint, or physical confinement.
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"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section 11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than as a prostitute, to receive anything of value for personally rendered prostitution services or to receive anything of value from a prostitute, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"Sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Unable to give knowing consent" includes when the accused administers any intoxicating or anesthetic substance, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition was known, or reasonably should have been known by the accused. "Unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets any one of the following conditions:
(1) was unconscious or asleep;
(2) was not aware, knowing, perceiving, or cognizant
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(3) was not aware, knowing, perceiving, or cognizant
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| of the essential characteristics of the act due to the perpetrator's fraud in fact; or
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(4) was not aware, knowing, perceiving, or cognizant
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| of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
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|
A victim is presumed "unable to give knowing consent" when the victim:
(1) is committed to the care and custody or
|
| supervision of the Illinois Department of Corrections (IDOC) and the accused is an employee or volunteer who is not married to the victim who knows or reasonably should know that the victim is committed to the care and custody or supervision of such department;
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|
(2) is committed to or placed with the Department of
|
| Children and Family Services (DCFS) and in residential care, and the accused employee is not married to the victim, and knows or reasonably should know that the victim is committed to or placed with DCFS and in residential care;
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|
(3) is a client or patient and the accused is a
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| health care provider or mental health care provider and the sexual conduct or sexual penetration occurs during a treatment session, consultation, interview, or examination;
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|
(4) is a resident or inpatient of a residential
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| facility and the accused is an employee of the facility who is not married to such resident or inpatient who provides direct care services, case management services, medical or other clinical services, habilitative services or direct supervision of the residents in the facility in which the resident resides; or an officer or other employee, consultant, contractor or volunteer of the residential facility, who knows or reasonably should know that the person is a resident of such facility; or
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|
(5) is detained or otherwise in the custody of a
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| police officer, peace officer, or other law enforcement official who: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, such person was detained or in custody and the police officer, peace officer, or other law enforcement official is not married to such detainee.
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|
"Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23 .)
|
(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits custodial sexual misconduct
when: (1) he or
she is an employee of a penal system and engages in sexual conduct or sexual
penetration with a person who is in the custody of that penal system; (2)
he or she is an employee of a treatment and detention facility and engages in
sexual conduct or sexual penetration with a person who is in the custody of
that
treatment and detention facility; or (3) he or she is an employee of a law enforcement agency and engages in sexual conduct or sexual penetration with a person who is in the custody of a law enforcement agency or employee.
(b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial
sexual misconduct when the probation or supervising officer, surveillance
agent, or aftercare specialist engages in sexual
conduct or sexual penetration with a probationer, parolee, or releasee or
person serving a term of conditional release who is
under the supervisory, disciplinary, or custodial authority of the
officer or agent or employee so
engaging in the sexual conduct or sexual penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section immediately shall forfeit
his or her employment with a law enforcement agency, a penal system, a treatment and detention facility,
or a conditional release program.
(e) In this Section, the consent of the probationer, parolee,
releasee, inmate in custody of the penal system or person detained or
civilly committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee
shall not be a defense to a
prosecution under this Section. A person is deemed incapable of consent, for
purposes of this Section, when he or she is a probationer, parolee, releasee,
inmate in custody of a penal system or person detained or civilly
committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer, |
| surveillance agent, or aftercare specialist who is lawfully married to a person in custody if the marriage occurred before the date of custody.
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|
(2) Any employee, probation or supervising officer,
|
| surveillance agent, or aftercare specialist who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
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|
(g) In this Section:
(0.5) "Aftercare specialist" means any person
|
| employed by the Department of Juvenile Justice to supervise and facilitate services for persons placed on aftercare release.
|
|
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
|
| or commitment to a State or local penal institution;
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|
(iii) parole, aftercare release, or mandatory
|
|
(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in
|
| secure care or in the community under the Sexually Violent Persons Commitment Act; or
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|
(vii) detention or arrest by a law enforcement
|
|
(2) "Penal system" means any system which includes
|
| institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.
|
|
(2.1) "Treatment and detention facility" means any
|
| Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
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|
(2.2) "Conditional release" means a program of
|
| treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;
|
|
(3) "Employee" means:
(i) an employee of any governmental agency of
|
| this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;
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|
(ii) a contractual employee of a penal system as
|
| defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2-14 of this Code;
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|
(iii) a contractual employee of a "treatment and
|
| detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code; or
|
|
(iv) an employee of a law enforcement agency.
(3.5) "Law enforcement agency" means an agency of the
|
| State or of a unit of local government charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, but not including a State's Attorney.
|
|
(4) "Sexual conduct" or "sexual penetration" means
|
| any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
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|
(5) "Probation officer" means any person employed in
|
| a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.
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|
(6) "Supervising officer" means any person employed
|
| to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections.
|
|
(7) "Surveillance agent" means any person employed or
|
| contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.
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|
(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18; 101-81, eff. 7-12-19.)
|
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any
school building, on real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport students to or from
school or a school related activity when persons under the age of 18 are
present in the building, on the grounds or in
the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the
offender has permission to be present from the
superintendent or the school board or in the case of a private school from the
principal. In the case of a public school, if permission is granted, the
superintendent or school board president must inform the principal of the
school where the sex offender will be present. Notification includes the
nature of the sex offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for notifying the
principal's office when he or she arrives on school property and when he or she
departs from school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain under the direct
supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site.
(a-10) It is unlawful for a child sex offender to knowingly be present in any
public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park
when persons under the age of
18 are
present in the building or on the grounds
and to approach, contact, or communicate with a child under 18 years of
age,
unless the
offender
is a parent or guardian of a person under 18 years of age present in the
building or on the
grounds. (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school
while persons under the age of 18 are present in the building or on the
grounds,
unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the
superintendent or the school board or in the case of a private school from the
principal. In the case of a public school, if permission is granted, the
superintendent or school board president must inform the principal of the
school where the sex offender will be present. Notification includes the
nature of the sex offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for notifying the
principal's office when he or she arrives on school property and when he or she
departs from school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain under the direct
supervision of a school official.
(b-2) It is unlawful for a child sex offender to knowingly loiter on a public
way within 500 feet of a public park building or real property comprising any
public park while persons under the age of 18 are present in the building or on the
grounds
and to approach, contact, or communicate with a child under 18 years of
age,
unless the offender
is a parent or guardian of a person under 18 years of age present in the
building or on the grounds. (b-5) It is unlawful for a child sex offender to knowingly reside within
500 feet of a school building or the real property comprising any school that
persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits
a child sex offender from residing within 500 feet of a school building or the
real property comprising any school that persons under 18 attend if the
property is owned by the child sex offender and was purchased before July 7, 2000 (the
effective date of Public Act 91-911).
(b-10) It is unlawful for a child sex offender to knowingly reside within
500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services
exclusively directed toward persons under 18 years of age. Nothing in this
subsection (b-10) prohibits a child sex offender from residing within 500 feet
of a playground or a facility providing programs or services exclusively
directed toward persons under 18 years of age if the property is owned by the
child sex offender and was purchased before July 7, 2000. Nothing in this
subsection (b-10) prohibits a child sex offender from residing within 500 feet
of a child care institution, day care center, or part day child care facility if the property is owned by the
child sex offender and was purchased before June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821). (b-15) It is unlawful for a child sex offender to knowingly reside within
500 feet of the victim of the sex offense. Nothing in this
subsection (b-15) prohibits a child sex offender from residing within 500 feet
of the victim if the property in which the child sex offender resides is owned by the
child sex offender and was purchased before August 22, 2002. This subsection (b-15) does not apply if the victim of the sex offense
is 21 years of age or older. (b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age,
unless the offender
is a parent or guardian of the person under 18 years of age. (c) It is unlawful for a child sex offender to knowingly operate, manage,
be employed by, volunteer at, be associated with, or knowingly be present at
any: (i) facility providing
programs or services exclusively directed toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home.
This does not prohibit a child sex offender from owning the real property upon
which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender
refrains from being present on the premises for the hours during which: (1) the
programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated. (c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present. (c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present. (c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820). (c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis. (c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle. (d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any |
| substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and the victim is a person under 18 years of age at the time of the offense; and:
|
|
(A) is convicted of such offense or an
|
| attempt to commit such offense; or
|
|
(B) is found not guilty by reason of insanity
|
| of such offense or an attempt to commit such offense; or
|
|
(C) is found not guilty by reason of insanity
|
| pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or
|
|
(D) is the subject of a finding not resulting
|
| in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or
|
|
(E) is found not guilty by reason of insanity
|
| following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or
|
|
(F) is the subject of a finding not resulting
|
| in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or
|
|
(ii) is certified as a sexually dangerous person
|
| pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or
|
|
(iii) is subject to the provisions of Section 2
|
| of the Interstate Agreements on Sexually Dangerous Persons Act.
|
|
Convictions that result from or are connected with
|
| the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.
|
|
(2) Except as otherwise provided in paragraph (2.5),
|
|
(i) A violation of any of the following Sections
|
| of the Criminal Code of 1961 or the Criminal Code of 2012: 10-4 (forcible detention), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-21 (harmful material), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). An attempt to commit any of these offenses.
|
|
(ii) A violation of any of the following Sections
|
| of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.50 (criminal sexual abuse), 11-1.60 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.
|
|
(iii) A violation of any of the following
|
| Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
|
|
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
|
| substantially equivalent to any offense listed in clause (2)(i) or (2)(ii) of subsection (d) of this Section.
|
|
(2.5) For the purposes of subsections (b-5) and
|
| (b-10) only, a sex offense means:
|
|
(i) A violation of any of the following Sections
|
| of the Criminal Code of 1961 or the Criminal Code of 2012:
|
|
10-5(b)(10) (child luring), 10-7 (aiding or
|
| abetting child abduction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.
|
|
(ii) A violation of any of the following Sections
|
| of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.60 (aggravated criminal sexual abuse), and subsection (a) of Section 11-1.50 (criminal sexual abuse). An attempt to commit any of these offenses.
|
|
(iii) A violation of any of the following
|
| Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
|
|
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
|
| substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.
|
|
(3) A conviction for an offense of federal law or the
|
| law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (d) of this Section shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.
|
|
(4) "Authorized emergency vehicle", "rescue vehicle",
|
| and "vehicle" have the meanings ascribed to them in Sections 1-105, 1-171.8 and 1-217, respectively, of the Illinois Vehicle Code.
|
|
(5) "Child care institution" has the meaning ascribed
|
| to it in Section 2.06 of the Child Care Act of 1969.
|
|
(6) "Day care center" has the meaning ascribed to it
|
| in Section 2.09 of the Child Care Act of 1969.
|
|
(7) "Day care home" has the meaning ascribed to it in
|
| Section 2.18 of the Child Care Act of 1969.
|
|
(8) "Facility providing programs or services directed
|
| towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.
|
|
(9) "Group day care home" has the meaning ascribed to
|
| it in Section 2.20 of the Child Care Act of 1969.
|
|
(10) "Internet" has the meaning set forth in Section
|
|
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
|
| person is in a vehicle, or remaining in or around school or public park property.
|
|
(ii) Standing, sitting idly, whether or not the
|
| person is in a vehicle, or remaining in or around school or public park property, for the purpose of committing or attempting to commit a sex offense.
|
|
(iii) Entering or remaining in a building in or
|
| around school property, other than the offender's residence.
|
|
(12) "Part day child care facility" has the meaning
|
| ascribed to it in Section 2.10 of the Child Care Act of 1969.
|
|
(13) "Playground" means a piece of land owned or
|
| controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.
|
|
(14) "Public park" includes a park, forest preserve,
|
| bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
|
|
(15) "School" means a public or private preschool or
|
| elementary or secondary school.
|
|
(16) "School official" means the principal, a
|
| teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.
|
|
(e) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 102-997, eff. 1-1-23 .)
|
(720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
Sec. 11-20. Obscenity. (a) Elements of the Offense.
A person commits obscenity when, with knowledge of the nature or content
thereof, or recklessly failing to exercise reasonable inspection which
would have disclosed the nature or content thereof, he or she:
(1) Sells, delivers or provides, or offers or agrees |
| to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
|
|
(2) Presents or directs an obscene play, dance or
|
| other performance or participates directly in that portion thereof which makes it obscene; or
|
|
(3) Publishes, exhibits or otherwise makes available
|
|
(4) Performs an obscene act or otherwise presents an
|
| obscene exhibition of his or her body for gain; or
|
|
(5) Creates, buys, procures or possesses obscene
|
| matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or
|
|
(6) Advertises or otherwise promotes the sale of
|
| material represented or held out by him or her to be obscene, whether or not it is obscene.
|
|
(b) Obscene Defined.
Any material or performance is obscene if: (1) the average person,
applying contemporary adult community standards, would find that, taken as
a whole, it appeals to the prurient interest; and (2) the average person,
applying contemporary adult community standards, would find that it depicts
or describes, in a patently offensive way, ultimate sexual acts or
sadomasochistic sexual acts, whether normal or perverted, actual or
simulated, or masturbation, excretory functions or lewd exhibition of the
genitals; and (3) taken as a whole, it lacks serious literary, artistic,
political or scientific value.
(c) Interpretation of Evidence.
Obscenity shall be judged with reference to ordinary adults, except that
it shall be judged with reference to children or other specially
susceptible audiences if it appears from the character of the material or
the circumstances of its dissemination to be specially designed for or
directed to such an audience.
Where circumstances of production, presentation, sale, dissemination,
distribution, or publicity indicate that material is being commercially
exploited for the sake of its prurient appeal, such evidence is probative
with respect to the nature of the matter and can justify the conclusion
that the matter is lacking in serious literary, artistic, political or
scientific value.
In any prosecution for an offense under this Section evidence shall be
admissible to show:
(1) The character of the audience for which the
|
| material was designed or to which it was directed;
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|
(2) What the predominant appeal of the material would
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| be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
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|
(3) The artistic, literary, scientific, educational
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| or other merits of the material, or absence thereof;
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|
(4) The degree, if any, of public acceptance of the
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|
(5) Appeal to prurient interest, or absence thereof,
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| in advertising or other promotion of the material;
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|
(6) Purpose of the author, creator, publisher or
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|
(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a
Class 4 felony.
(e) Permissive Inference.
The trier of fact may infer an intent to disseminate from the creation, purchase, procurement or possession of a mold, engraved
plate or other embodiment of obscenity specially adapted for reproducing
multiple copies, or the possession of more than 3 copies of obscene
material.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal
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| associates other than children under 18 years of age;
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|
(2) Was to institutions or individuals having
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| scientific or other special justification for possession of such material.
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|
(g) Forfeiture of property. A person who has been convicted
previously of the offense of obscenity and who is convicted of a
second or subsequent offense of obscenity is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise |
| depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any person with a severe or profound intellectual disability where such child or person with a severe or profound intellectual disability is:
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|
(i) actually or by simulation engaged in any act
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| of sexual penetration or sexual conduct with any person or animal; or
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|
(ii) actually or by simulation engaged in any act
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| of sexual penetration or sexual conduct involving the sex organs of the child or person with a severe or profound intellectual disability and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child or person with a severe or profound intellectual disability and the sex organs of another person or animal; or
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|
(iii) actually or by simulation engaged in any
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|
(iv) actually or by simulation portrayed as being
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| the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
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|
(v) actually or by simulation engaged in any act
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| of excretion or urination within a sexual context; or
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|
(vi) actually or by simulation portrayed or
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| depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
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|
(vii) depicted or portrayed in any pose, posture
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| or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person; or
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|
(2) with the knowledge of the nature or content
|
| thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses with intent to disseminate any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or person with a severe or profound intellectual disability whom the person knows or reasonably should know to be under the age of 18 or to be a person with a severe or profound intellectual disability, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(3) with knowledge of the subject matter or theme
|
| thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a person with a severe or profound intellectual disability engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(4) solicits, uses, persuades, induces, entices, or
|
| coerces any child whom he or she knows or reasonably should know to be under the age of 18 or a person with a severe or profound intellectual disability to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in which the child or person with a severe or profound intellectual disability is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(5) is a parent, step-parent, legal guardian or other
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| person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a person with a severe or profound intellectual disability and who knowingly permits, induces, promotes, or arranges for such child or person with a severe or profound intellectual disability to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(6) with knowledge of the nature or content thereof,
|
| possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or person with a severe or profound intellectual disability whom the person knows or reasonably should know to be under the age of 18 or to be a person with a severe or profound intellectual disability, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(7) solicits, or knowingly uses, persuades, induces,
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| entices, or coerces, a person to provide a child under the age of 18 or a person with a severe or profound intellectual disability to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child or person with a severe or profound intellectual disability will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection.
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|
(a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other.
(b)(1) It shall be an affirmative defense to a charge of child
pornography that the defendant reasonably believed, under all of the
circumstances, that the child was 18 years of age or older or that the
person was not a person with a severe or profound intellectual disability but only where, prior to the act or acts giving rise to a
prosecution under this Section, he or she took some affirmative action or made a
bonafide inquiry designed to ascertain whether the child was 18 years of
age or older or that the person was not a person with a severe or profound intellectual disability and his or her reliance upon the information
so obtained was clearly reasonable.
(1.5) 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 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.
(2) (Blank).
(3) The charge of child pornography shall not apply to the performance
of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel
or attorneys, nor to bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social workers. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. A motion to view the evidence shall comply with subsection (e-5) of this Section.
(4) If the defendant possessed more than one of the same film,
videotape or visual reproduction or depiction by computer in which child
pornography is depicted, then the trier of fact may infer
that the defendant possessed such
materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a person who does
not voluntarily possess a film, videotape, or visual reproduction or depiction
by computer in which child pornography is depicted. Possession is voluntary if
the defendant knowingly procures or receives a film, videotape, or visual
reproduction or depiction for a sufficient time to be able to terminate his
or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) that includes a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a
Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a
Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class 1 felony
with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class X felony
with a mandatory minimum fine of $1500 and a maximum fine of $100,000.
If the violation does not involve a film, videotape, or other moving depiction, a violation
of paragraph (2) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class X felony with a
mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 3 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 2 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
Where the child depicted is under the age of 13, a person who commits a violation of paragraph (6) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact.
(d) If a person is convicted of a second or subsequent violation of
this Section within 10 years of a prior conviction, the court shall order a
presentence psychiatric examination of the person. The examiner shall report
to the court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual reproduction
or depiction by computer which includes a child under the age of 18 or a
person with a severe or profound intellectual disability engaged in any activity
described in subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in photographing,
filming, printing, producing, reproducing, manufacturing, projecting,
exhibiting, depiction by computer, or disseminating such material shall be
seized and forfeited in the manner, method and procedure provided by Section
36-1 of this Code for the seizure and forfeiture of vessels, vehicles and
aircraft.
In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this Section, the court
shall seal all evidence depicting a victim or witness that is sexually
explicit. The evidence may be unsealed and viewed, on a motion of the party
seeking to unseal and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth the purpose for
viewing the material. The State's attorney and the victim, if possible, shall
be provided reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under this subsection
(e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
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| exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.
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|
(2) "Produce" means to direct, promote, advertise,
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| publish, manufacture, issue, present or show.
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|
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
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| or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
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|
(5) "Depiction by computer" means a computer program
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| or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
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|
(6) "Computer", "computer program", and "data" have
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| the meanings ascribed to them in Section 17.05 of this Code.
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|
(7) For the purposes of this Section, "child
|
| pornography" includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18 or a person with a severe or profound intellectual disability, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child pornography" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18 or a person with a severe or profound intellectual disability.
|
|
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
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| January 1, 1995, contained provisions amending the child pornography statute, Section 11-20.1 of the Criminal Code of 1961. Section 50-5 also contained other provisions.
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|
(ii) In addition, Public Act 88-680 was entitled
|
| "AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.
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|
(iii) On September 22, 1998, the Third District
|
| Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.
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|
(iv) Child pornography is a vital concern to the
|
| people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.
|
|
(2) It is the purpose of this amendatory Act of 1999
|
| to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88-680 by re-enacting the Section relating to child pornography that was included in Public Act 88-680.
|
|
(3) This amendatory Act of 1999 re-enacts Section
|
| 11-20.1 of the Criminal Code of 1961, as it has been amended. This re-enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.
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|
(4) The re-enactment by this amendatory Act of 1999
|
| of Section 11-20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88-680 is not intended, and shall not be construed, to imply that Public Act 88-680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re-enacted by other Public Acts.
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|
(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22 .)
|
(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
Sec. 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means to transfer possession of, whether |
| with or without consideration.
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|
"Harmful to minors" means that quality of any
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| description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.
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|
"Knowingly" means having knowledge of the contents of
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| the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
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|
"Material" means (i) any picture, photograph,
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| drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.
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|
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or
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| female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
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|
"Sado-masochistic abuse" means flagellation or
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| torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
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|
"Sexual conduct" means acts of masturbation, sexual
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| intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
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|
"Sexual excitement" means the condition of human male
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| or female genitals when in a state of sexual stimulation or arousal.
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|
(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to,
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| depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:
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|
(A) any material which depicts nudity, sexual
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| conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;
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|
(B) a motion picture, show, or other presentation
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| which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
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|
(C) an admission ticket or pass to premises where
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| there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
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|
(2) admits a minor to premises where there is
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| exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
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|
(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged
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| to have been committed exhibited to the accused 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 was relied upon by the accused;
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|
(2) that the defendant was in a parental or
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| guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
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|
(3) that the defendant was a bona fide school,
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| museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
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|
(4) that the act charged was committed in aid of
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| legitimate scientific or educational purposes; or
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|
(5) that an advertisement of harmful material as
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| defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: "NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State."
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|
(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
(e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(f) Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.
(h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P.A. 99-642, eff. 7-28-16.)
|
(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, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (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 person with a physical disability or a person |
| 60 years of age or older and the assault is without legal justification.
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|
(2) A teacher or school employee upon school grounds
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| or grounds adjacent to a school or in any part of a building used for school purposes.
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|
(3) A park district employee upon park grounds or
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| grounds adjacent to a park or in any part of a building used for park purposes.
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|
(4) A community policing volunteer, private security
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| officer, or utility worker:
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|
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
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|
(iii) assaulted in retaliation for performing his
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|
(4.1) A peace officer, fireman, emergency management
|
| worker, or emergency medical services personnel:
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|
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
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|
(iii) assaulted in retaliation for performing his
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|
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
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|
(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
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|
(iii) assaulted in retaliation for performing his
|
|
(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
|
| Section 24.8-0.1 of this 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
|
|
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
|
|
(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 services personnel, 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
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|
(iii) assaulted in retaliation for performing his
|
|
(7) Without justification operates a motor vehicle in
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| 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)(4.1), (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. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(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 |
|
(2) Causes severe and permanent disability, great
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| 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
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| 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
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|
(iii) battered in retaliation for performing his
|
|
(4) Causes great bodily harm or permanent disability
|
| or disfigurement to an individual 60 years of age or older.
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|
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an intellectual disability. 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
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| or disfigurement to any child under the age of 13 years, or to any person with a severe or profound intellectual disability; or
|
|
(2) causes bodily harm or disability or disfigurement
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| to any child under the age of 13 years or to any person with a severe or profound intellectual disability.
|
|
(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, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.
(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 has a physical
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|
(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
|
|
(iii) battered in retaliation for performing his
|
|
(5) A judge, emergency management worker, emergency
|
| medical services personnel, or utility worker:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
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|
(iii) battered in retaliation for performing his
|
|
(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
|
|
(12) A merchant: (i) while performing his or her
|
| duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration.
|
|
(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
|
|
(iii) battered in retaliation for performing his
|
|
(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 emergency medical services personnel:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(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
|
|
(iii) battered in retaliation for performing his
|
|
(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 emergency medical services personnel:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(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
|
|
(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.
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|
(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 (10) of subsection (b-5) of Section 5-8-1 of the Unified Code of Corrections, 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 as defined in subdivision (a)(1) is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.
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;
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|
(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
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| 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. In 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. 103-51, eff. 1-1-24 .)
|
(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 a resident'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 a resident's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or
|
|
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect
|
| of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative responsibilities.
|
|
(b) Criminal abuse or neglect of an elderly person or person with a disability.
(1) A caregiver commits criminal abuse or neglect of
|
| an elderly person or person with a disability when he or she knowingly does any of the following:
|
|
(A) performs acts that cause the person's life to
|
| be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
|
|
(B) fails to perform acts that he or she knows or
|
| reasonably should know are necessary to maintain or preserve the life or health of the person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
|
|
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
|
| interferes with the personal liberty of the person; or
|
|
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect
|
| of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.
|
|
(c) Offense not applicable.
(1) Nothing in this Section applies to a physician
|
| licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
|
|
(2) Nothing in this Section imposes criminal
|
| liability on a caregiver who made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his or her own was unable to provide such care.
|
|
(3) Nothing in this Section applies to the medical
|
| supervision, regulation, or control of the remedial care or treatment of residents in a long term care facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination as described in Section 3-803 of the Nursing Home Care Act, Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-803 of the ID/DD Community Care Act, or Section 3-803 of the MC/DD Act.
|
|
(4) Nothing in this Section prohibits a caregiver
|
| from providing treatment to an elderly person or person with a disability by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.
|
|
(5) Nothing in this Section limits the remedies
|
| available to the victim under the Illinois Domestic Violence Act of 1986.
|
|
(d) Sentence.
(1) Long term care facility. Abuse of a long term
|
| care facility resident is a Class 3 felony. Criminal neglect of a long term care facility resident is a Class 4 felony, unless it results in the resident's death in which case it is a Class 3 felony. Neglect of a long term care facility resident is a petty offense.
|
|
(2) Caregiver. Criminal abuse or neglect of an
|
| elderly person or person with a disability is a Class 3 felony, unless it results in the person's death in which case it is a Class 2 felony, and if imprisonment is imposed it shall be for a minimum term of 3 years and a maximum term of 14 years.
|
|
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.
"Caregiver" means a person who has a duty to provide for an elderly person or person with a disability's health and personal care, at the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following:
(1) A parent, spouse, adult child, or other relative
|
| by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.
|
|
(2) A person who is employed by the elderly person or
|
| person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
|
|
(3) A person who has agreed for consideration to
|
| reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
|
|
(4) A person who has been appointed by a private or
|
| public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care.
|
|
"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his or her profession.
"Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care.
"Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared Housing Act.
"Long term care facility" means a private home, institution, building, residence, or other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care, or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.
"Owner" means the owner of a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act.
"Person with a disability" means a person who suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder, or congenital condition, which renders the person incapable of adequately providing for his or her own health and personal care.
"Resident" means a person residing in a long term care facility.
"Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.
(Source: P.A. 103-293, eff. 1-1-24 .)
|
(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 |
|
(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.
|
|
(a-7) A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech.
(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
|
|
(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. 102-547, eff. 1-1-22 .)
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(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 |
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(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
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| future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or
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(2) places that person or a family member of that
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| person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
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(3) at any time knowingly solicits the commission of
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| an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
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(a-4) A person commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification, installs or otherwise places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and:
(1) at any time transmits a threat of immediate or
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| future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person;
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(2) places that person or a family member of that
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| person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
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(3) at any time knowingly solicits the commission of
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| an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
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For purposes of this Section, an installation or placement is not surreptitious if:
(1) with respect to electronic software, hardware, or
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| computer applications, clear notice regarding the use of the specific type of tracking software or spyware is provided by the installer in advance to the owners and primary users of the electronic software, hardware, or computer application; or
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(2) written or electronic consent of all owners and
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| primary users of the electronic software, hardware, or computer application on which the tracking software or spyware will be installed has been sought and obtained through a mechanism that does not seek to obtain any other approvals or acknowledgement from the owners and primary users.
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(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
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| future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or
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(2) which places that person or a family member of
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| that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or
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(3) which knowingly solicits the commission of an act
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| by any person which would be a violation of this Code directed towards that person or a family member of that person.
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(b) Sentence. Cyberstalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) For purposes of this Section:
(0.5) "Anxiety" means excessive worry and
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| apprehensive expectations, occurring more days than not for at least 6 months, about a number of events or activities, such as work or school performance and is associated with 3 or more of the following 6 symptoms with at least some symptoms present for more days than not for the past 6 months:
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(1)
restlessness or feeling keyed up or on edge;
(2)
easily fatigued;
(3) difficulty concentrating or mind going
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|
(4)
irritability;
(5)
muscle tension; and
(6) sleep disturbance such as difficulty falling
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| or staying asleep, or restless and unsatisfying sleep.
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|
The anxiety, worry, or physical symptoms cause
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| clinically significant distress or impairment in social, occupational, or other important areas of functioning.
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(1) "Course of conduct" means 2 or more acts,
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| 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.
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(2) "Electronic communication" means any transfer of
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| 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.
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(2.1) "Electronic communication device" means an
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| electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer.
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(2.2) "Electronic monitoring software or spyware"
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| means software or an application that surreptitiously tracks computer activity on a device and records and transmits the information to third parties with the intent to cause injury or harm. For the purposes of this paragraph (2.2), "intent to cause injury or harm" does not include activities carried out in furtherance of the prevention of fraud or crime or of protecting the security of networks, online services, applications, software, other computer programs, users, or electronic communication devices or similar devices.
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(3) "Emotional distress" means significant mental
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| suffering, anxiety or alarm.
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(4) "Harass" means to engage in a knowing and willful
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| course of conduct directed at a specific person that alarms, torments, or terrorizes that person.
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(5) "Non-consensual contact" means any contact with
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| 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.
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(6) "Reasonable person" means a person in the
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| victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.
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(7) "Third party" means any person other than the
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| person violating these provisions and the person or persons towards whom the violator's actions are directed.
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(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.
(f) It is not a violation of this Section to:
(1) provide, protect, maintain, update, or upgrade
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| networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices under the terms of use applicable to those networks, services, applications, software, programs, or devices;
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(2) interfere with or prohibit terms or conditions
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| in a contract or license related to networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices; or
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(3) create any liability by reason of terms or
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| conditions adopted, or technical measures implemented, to prevent the transmission of unsolicited electronic mail or communications.
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(Source: P.A. 103-183, eff. 1-1-24 .)
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(720 ILCS 5/12C-60) Sec. 12C-60. Curfew. (a) Curfew offenses. (1) A minor commits a curfew offense when he or she |
| remains in any public place or on the premises of any establishment during curfew hours.
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(2) A parent or guardian of a minor or other person
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| in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
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(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or
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| other person in custody or control of the minor;
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(2) on an errand at the direction of the minor's
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| parent or guardian, without any detour or stop;
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(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or
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| returning home from an employment activity, without any detour or stop;
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(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or
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| abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
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(7) attending an official school, religious, or other
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| recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
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(8) exercising First Amendment rights protected by
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| the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
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(9) married or had been married or is an emancipated
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| minor under the Emancipation of Minors Act.
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(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
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(C) Between 11:00 p.m. on Sunday to Thursday,
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| inclusive, and 6:00 a.m. on the following day.
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(2) "Emergency" means an unforeseen combination of
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| circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile crash, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
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(3) "Establishment" means any privately-owned place
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| of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
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(4) "Guardian" means:
(A) a person who, under court order, is the
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| guardian of the person of a minor; or
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(B) a public or private agency with whom a minor
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| has been placed by a court.
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|
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or
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| step-parent of another person; or
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|
(B) at least 18 years of age and authorized by a
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| parent or guardian to have the care and custody of a minor.
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|
(7) "Public place" means any place to which the
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| public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
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|
(8) "Remain" means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do
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| so by a police officer or the owner, operator, or other person in control of the premises.
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(9) "Serious bodily injury" means bodily injury that
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| creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
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|
(e) Sentence. A violation of this Section
is a petty offense with a fine of not less than
$10 nor
more than $500, except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's legal guardian,
shall be subject to any fine. In addition to or instead of the
fine imposed
by this Section, the court may order a parent, legal guardian, or other person
convicted of a violation of subsection (a) of this
Section to perform community service as determined by the court, except that
the legal guardian of a person subject to delinquency proceedings or who has been made a ward of the court under the
Juvenile Court Act of 1987 may not be ordered to perform community service.
The dates and
times established for the performance of community service by the parent, legal
guardian, or other person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the person is
employed in his or her regular occupation. Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(f) County, municipal and other local boards and bodies authorized to
adopt local police laws and regulations under the constitution and laws of
this State may exercise legislative or regulatory authority over this
subject matter by ordinance or resolution incorporating the substance of
this Section or increasing the requirements thereof or otherwise not in
conflict with this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-379, eff. 7-28-23.)
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(720 ILCS 5/12C-70) Sec. 12C-70. Adoption compensation prohibited. (a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution,
society, or other organization, except a child welfare agency as defined by
the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of
value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969. (b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value,
directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or other
organization except a child welfare agency as defined by the Child Care
Act of 1969. (c) Certain payments of salaries and medical expenses not prevented. (1) The provisions of this Section shall not be |
| construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services, as that term is defined by the Child Care Act of 1969, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969.
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(2) The provisions of this Section shall not be
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| construed to prevent the payment by a prospective adoptive parent of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the biological mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.
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|
(3) The provisions of this Section shall not be
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| construed to prevent a prospective adoptive parent from giving a gift or gifts or other thing or things of value to a biological parent provided that the total value of such gift or gifts or thing or things of value does not exceed $200.
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|
(d) Payment of certain expenses.
(1) A prospective adoptive parent shall be permitted
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| to pay the reasonable living expenses of the biological parents of the child sought to be adopted, in addition to those expenses set forth in subsection (c), only in accordance with the provisions of this subsection (d).
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|
"Reasonable living expenses" means those expenses
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| related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the biological parents during the biological mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 days after the birth of the child. The term does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.
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(2)(A) The prospective adoptive parents may seek
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| leave of the court to pay the reasonable living expenses of the biological parents. They shall be permitted to pay the reasonable living expenses of the biological parents only upon prior order of the circuit court where the petition for adoption will be filed, or if the petition for adoption has been filed in the circuit court where the petition is pending.
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(B) Notwithstanding clause (2)(A) of this subsection
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| (d), a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. The prospective adoptive parents shall present a final accounting of all expenses to the court prior to the entry of a final judgment order for adoption.
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|
(C) If the court finds an accounting by the
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| prospective adoptive parents to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.
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|
(3) Payments under this subsection (d) shall be
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| permitted only in those circumstances where there is a demonstrated need for the payment of such expenses to protect the health of the biological parents or the health of the child sought to be adopted.
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|
(4) Payment of their reasonable living expenses, as
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| provided in this subsection (d), shall not obligate the biological parents to place the child for adoption. In the event the biological parents choose not to place the child for adoption, the prospective adoptive parents shall have no right to seek reimbursement from the biological parents, or from any relative or associate of the biological parents, of moneys paid to, or on behalf of, the biological parents pursuant to a court order under this subsection (d).
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|
(5) Notwithstanding paragraph (4) of this subsection
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| (d), a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in paragraph (4) of this subsection (d), knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.
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|
(6) No person or entity shall offer, provide, or
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| co-sign a loan or any other credit accommodation, directly or indirectly, with a biological parent or a relative or associate of a biological parent based on the contingency of a surrender or placement of a child for adoption.
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|
(7) Within 14 days after the completion of all
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| payments for reasonable living expenses of the biological parents under this subsection (d), the prospective adoptive parents shall present a final accounting of all those expenses to the court. The accounting shall also include the verified statements of the prospective adoptive parents, each attorney of record, and the biological parents or parents to whom or on whose behalf the payments were made attesting to the accuracy of the accounting.
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|
(8) If the placement of a child for adoption is made
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| in accordance with the Interstate Compact on the Placement of Children, and if the sending state permits the payment of any expenses of biological parents that are not permitted under this Section, then the payment of those expenses shall not be a violation of this Section. In that event, the prospective adoptive parents shall file an accounting of all payments of the expenses of the biological parent or parents with the court in which the petition for adoption is filed or is to be filed. The accounting shall include a copy of the statutory provisions of the sending state that permit payments in addition to those permitted by this Section and a copy of all orders entered in the sending state that relate to expenses of the biological parents paid by the prospective adoptive parents in the sending state.
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|
(9) The prospective adoptive parents shall be
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| permitted to pay the reasonable attorney's fees of a biological parent's attorney in connection with proceedings under this Section or in connection with proceedings for the adoption of the child if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each biological parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed. The court shall review the petition for leave to pay attorney's fees, and if the court determines that the fees requested are reasonable, the court shall permit the petitioners to pay them. If the court determines that the fees requested are not reasonable, the court shall determine and set the reasonable attorney's fees of the biological parents' attorney which may be paid by the petitioners. The prospective adoptive parents shall present a final accounting of all those fees to the court prior to the entry of a final judgment order for adoption.
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|
(10) The court may appoint a guardian ad litem for an
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| unborn child to represent the interests of the child in proceedings under this subsection (d).
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|
(11) The provisions of this subsection (d) apply to a
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| person who is a prospective adoptive parent. This subsection (d) does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department of Children and Family Services rules adopted thereunder.
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|
(e) Injunctive relief.
(A) Whenever it appears that any person, agency,
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| association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Section, the Department of Children and Family Services shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Section or any rule adopted under this Section in addition to any other penalties and other remedies provided in this Section.
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|
(B) Whenever it appears that any person, agency,
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| association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Section, the Department of Children and Family Services may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Section or any rule adopted under this Section, in addition to any other penalties and remedies provided in this Section.
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|
(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a
Class 3 felony.
(g) "Adoption services" has the meaning given that term in the Child Care Act of 1969.
(h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.
(i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
(Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/14-3) Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article: (a) Listening to radio, wireless electronic |
| communications, and television communications of any sort where the same are publicly made;
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|
(b) Hearing conversation when heard by employees of
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| any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer;
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(c) Any broadcast by radio, television or otherwise
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| whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made;
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|
(d) Recording or listening with the aid of any device
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| to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation;
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|
(e) Recording the proceedings of any meeting required
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| to be open by the Open Meetings Act, as amended;
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(f) Recording or listening with the aid of any device
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| to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section;
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|
(g) With prior notification to the State's Attorney
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| of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under Section 10-9 of this Code, an offense involving prostitution, solicitation of a sexual act, or pandering, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, a felony violation of the Methamphetamine Control and Community Protection Act, any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, or any felony offense involving any weapon listed in paragraphs (1) through (11) of subsection (a) of Section 24-1 of this Code. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Illinois State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
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|
(g-5) (Blank);
(g-6) With approval of the State's Attorney of the
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| county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of child pornography, aggravated child pornography, indecent solicitation of a child, luring of a minor, sexual exploitation of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of the Illinois State Police shall issue rules as are necessary concerning the use of devices, retention of recordings, and reports regarding their use. Any recording or evidence obtained or derived in the course of an investigation of child pornography, aggravated child pornography, indecent solicitation of a child, luring of a minor, sexual exploitation of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving child pornography, aggravated child pornography, indecent solicitation of a child, luring of a minor, sexual exploitation of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case. Absent such a ruling, any such recording or evidence shall not be admissible at the trial of the criminal case;
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|
(h) Recordings made simultaneously with the use of an
|
| in-car video camera recording of an oral conversation between a uniformed peace officer, who has identified his or her office, and a person in the presence of the peace officer whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop; or (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement.
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|
For the purposes of this subsection (h), "enforcement
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| stop" means an action by a law enforcement officer in relation to enforcement and investigation duties, including but not limited to, traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance;
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|
(h-5) Recordings of utterances made by a person while
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| in the presence of a uniformed peace officer and while an occupant of a police vehicle including, but not limited to, (i) recordings made simultaneously with the use of an in-car video camera and (ii) recordings made in the presence of the peace officer utilizing video or audio systems, or both, authorized by the law enforcement agency;
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(h-10) Recordings made simultaneously with a video
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| camera recording during the use of a taser or similar weapon or device by a peace officer if the weapon or device is equipped with such camera;
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|
(h-15) Recordings made under subsection (h), (h-5),
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| or (h-10) shall be retained by the law enforcement agency that employs the peace officer who made the recordings for a storage period of 90 days, unless the recordings are made as a part of an arrest or the recordings are deemed evidence in any criminal, civil, or administrative proceeding and then the recordings must only be destroyed upon a final disposition and an order from the court. Under no circumstances shall any recording be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use;
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|
(i) Recording of a conversation made by or at the
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| request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
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|
(j) The use of a telephone monitoring device by
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| either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:
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|
(i) the monitoring is used for the purpose of
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| service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and
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|
(ii) the monitoring is used with the consent of
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| at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.
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|
No communication or conversation or any part,
|
| portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.
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|
When recording or listening authorized by this
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| subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable.
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|
Business entities that use a telephone monitoring or
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| telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace.
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|
Business entities that use a telephone monitoring or
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| telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording.
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|
For the purposes of this subsection (j), "telephone
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| solicitation" means a communication through the use of a telephone by live operators:
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|
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
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|
(iii) assisting in the use of goods or services;
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|
(iv) engaging in the solicitation,
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| administration, or collection of bank or retail credit accounts.
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|
For the purposes of this subsection (j), "marketing
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| or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both;
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|
(k) Electronic recordings, including but not limited
|
| to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer under Section 5-401.5 of the Juvenile Court Act of 1987 or Section 103-2.1 of the Code of Criminal Procedure of 1963;
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|
(l) Recording the interview or statement of any
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| person when the person knows that the interview is being conducted by a law enforcement officer or prosecutor and the interview takes place at a police station that is currently participating in the Custodial Interview Pilot Program established under the Illinois Criminal Justice Information Act;
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|
(m) An electronic recording, including but not
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| limited to, a motion picture, videotape, digital, or other visual or audio recording, made of the interior of a school bus while the school bus is being used in the transportation of students to and from school and school-sponsored activities, when the school board has adopted a policy authorizing such recording, notice of such recording policy is included in student handbooks and other documents including the policies of the school, notice of the policy regarding recording is provided to parents of students, and notice of such recording is clearly posted on the door of and inside the school bus.
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|
Recordings made pursuant to this subsection (m) shall
|
| be confidential records and may only be used by school officials (or their designees) and law enforcement personnel for investigations, school disciplinary actions and hearings, proceedings under the Juvenile Court Act of 1987, and criminal prosecutions, related to incidents occurring in or around the school bus;
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|
(n) Recording or listening to an audio transmission
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| from a microphone placed by a person under the authority of a law enforcement agency inside a bait car surveillance vehicle while simultaneously capturing a photographic or video image;
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|
(o) The use of an eavesdropping camera or audio
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| device during an ongoing hostage or barricade situation by a law enforcement officer or individual acting on behalf of a law enforcement officer when the use of such device is necessary to protect the safety of the general public, hostages, or law enforcement officers or anyone acting on their behalf;
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|
(p) Recording or listening with the aid of any device
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| to incoming telephone calls of phone lines publicly listed or advertised as the "CPS Violence Prevention Hotline", but only where the notice of recording is given at the beginning of each call as required by Section 34-21.8 of the School Code. The recordings may be retained only by the Chicago Police Department or other law enforcement authorities, and shall not be otherwise retained or disseminated;
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|
(q)(1) With prior request to and written or verbal
|
| approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense. The State's Attorney may grant this approval only after determining that reasonable cause exists to believe that inculpatory conversations concerning a qualified offense will occur with a specified individual or individuals within a designated period of time.
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|
(2) Request for approval. To invoke the exception
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| contained in this subsection (q), a law enforcement officer shall make a request for approval to the appropriate State's Attorney. The request may be written or verbal; however, a written memorialization of the request must be made by the State's Attorney. This request for approval shall include whatever information is deemed necessary by the State's Attorney but shall include, at a minimum, the following information about each specified individual whom the law enforcement officer believes will commit a qualified offense:
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|
(A) his or her full or partial name, nickname or
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|
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph
|
| (2), any other supporting information known to the law enforcement officer at the time of the request that gives rise to reasonable cause to believe that the specified individual will participate in an inculpatory conversation concerning a qualified offense.
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|
(3) Limitations on approval. Each written approval
|
| by the State's Attorney under this subsection (q) shall be limited to:
|
|
(A) a recording or interception conducted by a
|
| specified law enforcement officer or person acting at the direction of a law enforcement officer;
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|
(B) recording or intercepting conversations with
|
| the individuals specified in the request for approval, provided that the verbal approval shall be deemed to include the recording or intercepting of conversations with other individuals, unknown to the law enforcement officer at the time of the request for approval, who are acting in conjunction with or as co-conspirators with the individuals specified in the request for approval in the commission of a qualified offense;
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|
(C) a reasonable period of time but in no event
|
| longer than 24 consecutive hours;
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|
(D) the written request for approval, if
|
| applicable, or the written memorialization must be filed, along with the written approval, with the circuit clerk of the jurisdiction on the next business day following the expiration of the authorized period of time, and shall be subject to review by the Chief Judge or his or her designee as deemed appropriate by the court.
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|
(3.5) The written memorialization of the request for
|
| approval and the written approval by the State's Attorney may be in any format, including via facsimile, email, or otherwise, so long as it is capable of being filed with the circuit clerk.
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|
(3.10) Beginning March 1, 2015, each State's Attorney
|
| shall annually submit a report to the General Assembly disclosing:
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|
(A) the number of requests for each qualified
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| offense for approval under this subsection; and
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|
(B) the number of approvals for each qualified
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| offense given by the State's Attorney.
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|
(4) Admissibility of evidence. No part of the
|
| contents of any wire, electronic, or oral communication that has been recorded or intercepted as a result of this exception may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, other than in a prosecution of:
|
|
(A) the qualified offense for which approval was
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| given to record or intercept a conversation under this subsection (q);
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|
(B) a forcible felony committed directly in the
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| course of the investigation of the qualified offense for which approval was given to record or intercept a conversation under this subsection (q); or
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|
(C) any other forcible felony committed while the
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| recording or interception was approved in accordance with this subsection (q), but for this specific category of prosecutions, only if the law enforcement officer or person acting at the direction of a law enforcement officer who has consented to the conversation being intercepted or recorded suffers great bodily injury or is killed during the commission of the charged forcible felony.
|
|
(5) Compliance with the provisions of this
|
| subsection is a prerequisite to the admissibility in evidence of any part of the contents of any wire, electronic or oral communication that has been intercepted as a result of this exception, but nothing in this subsection shall be deemed to prevent a court from otherwise excluding the evidence on any other ground recognized by State or federal law, nor shall anything in this subsection be deemed to prevent a court from independently reviewing the admissibility of the evidence for compliance with the Fourth Amendment to the U.S. Constitution or with Article I, Section 6 of the Illinois Constitution.
|
|
(6) Use of recordings or intercepts unrelated to
|
| qualified offenses. Whenever any private conversation or private electronic communication has been recorded or intercepted as a result of this exception that is not related to an offense for which the recording or intercept is admissible under paragraph (4) of this subsection (q), no part of the contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, nor may it be publicly disclosed in any way.
|
|
(6.5) The Illinois State Police shall adopt rules as
|
| are necessary concerning the use of devices, retention of recordings, and reports regarding their use under this subsection (q).
|
|
(7) Definitions. For the purposes of this subsection
|
|
"Forcible felony" includes and is limited to
|
| those offenses contained in Section 2-8 of the Criminal Code of 1961 as of the effective date of this amendatory Act of the 97th General Assembly, and only as those offenses have been defined by law or judicial interpretation as of that date.
|
|
"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis
|
| Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, except for violations of:
|
|
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
|
| Controlled Substances Act; and
|
|
(iii) Section 60 of the Methamphetamine
|
| Control and Community Protection Act; and
|
|
(B) first degree murder, solicitation of
|
| murder for hire, predatory criminal sexual assault of a child, criminal sexual assault, aggravated criminal sexual assault, aggravated arson, kidnapping, aggravated kidnapping, child abduction, trafficking in persons, involuntary servitude, involuntary sexual servitude of a minor, or gunrunning.
|
|
"State's Attorney" includes and is limited to the
|
| State's Attorney or an assistant State's Attorney designated by the State's Attorney to provide verbal approval to record or intercept conversations under this subsection (q).
|
|
(8) Sunset. This subsection (q) is inoperative on
|
| and after January 1, 2027. No conversations intercepted pursuant to this subsection (q), while operative, shall be inadmissible in a court of law by virtue of the inoperability of this subsection (q) on January 1, 2027.
|
|
(9) Recordings, records, and custody. Any private
|
| conversation or private electronic communication intercepted by a law enforcement officer or a person acting at the direction of law enforcement shall, if practicable, be recorded in such a way as will protect the recording from editing or other alteration. Any and all original recordings made under this subsection (q) shall be inventoried without unnecessary delay pursuant to the law enforcement agency's policies for inventorying evidence. The original recordings shall not be destroyed except upon an order of a court of competent jurisdiction; and
|
|
(r) Electronic recordings, including but not limited
|
| to, motion picture, videotape, digital, or other visual or audio recording, made of a lineup under Section 107A-2 of the Code of Criminal Procedure of 1963.
|
|
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-918, eff. 5-27-22.)
|
(720 ILCS 5/16-0.1) Sec. 16-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer. "Coin-operated machine" includes any automatic vending machine or any part thereof, parking meter, coin telephone, coin-operated transit turnstile, transit fare box, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer. "Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility; or any part, accessory, or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part of any communication device which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications, transmissions, signals, or services. "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of signs, signals, data, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones or a wire, wireless, radio, electromagnetic, photo-electronic or photo-optical system; and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies. "Communication service provider" means: (1) any person or entity providing any communication service, whether directly or indirectly, as a reseller, including, but not limited to, a cellular, paging or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (2) any person or entity owning or operating any cable television, fiber optic, satellite, telephone, wireless, microwave, radio, data transmission or Internet-based distribution network, system or facility; and (3) any person or entity providing any communication service directly or indirectly by or through any such distribution system, network or facility. "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers. "Continuing
course of conduct" means a series of acts, and the accompanying
mental state necessary for the crime in question, irrespective
of whether the series of acts are continuous or intermittent. "Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product. "Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document. "Financial transaction device" means any of the following: (1) An electronic funds transfer card. (2) A credit card. (3) A debit card. (4) A point-of-sale card. (5) Any instrument, device, card, plate, code, |
| account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or State identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:
|
|
(A) Obtaining money, cash refund or credit
|
| account, credit, goods, services, or any other thing of value.
|
|
(B) Certifying or guaranteeing to a person or
|
| business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
|
|
(C) Providing the device holder access to a
|
| deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer.
|
|
"Full retail value" means the merchant's stated or advertised price of the merchandise. "Full
retail value" includes the aggregate value of property obtained
from retail thefts committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments in a single transaction or in separate
transactions over a period of one year.
"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.
"Library card" means a card or plate issued by a library facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum, or any library or museum of an educational, historical or eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of a library facility.
"Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication device" means to make, produce or assemble an unlawful communication or wireless device or to modify, alter, program or reprogram a communication or wireless device to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission or decryption of, a communication service without the express consent or express authorization of the communication service provider, or to knowingly assist others in those activities.
"Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
"Merchandise" means any item of tangible personal property, including motor fuel.
"Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
"Motor fuel" means a liquid, regardless of its properties, used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless device to access the Internet.
"Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
"Person with a disability" means a person who
suffers from a physical or mental impairment resulting from
disease, injury, functional disorder or congenital condition that impairs the
individual's mental or physical ability to independently manage his or her
property or financial resources, or both.
"Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.
"Personal identifying information" means any of the following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.
(5) A person's driver's license number or State of
|
| Illinois identification card as assigned by the Secretary of State of the State of Illinois or a similar agency of another state.
|
|
(6) A person's social security number.
(7) A person's public, private, or government
|
| employer, place of employment, or employment identification number.
|
|
(8) The maiden name of a person's mother.
(9) The number assigned to a person's depository
|
| account, savings account, or brokerage account.
|
|
(10) The number assigned to a person's credit or
|
| debit card, commonly known as a "Visa Card", "MasterCard", "American Express Card", "Discover Card", or other similar cards whether issued by a financial institution, corporation, or business entity.
|
|
(11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word,
|
| number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.
|
|
(15) Any other numbers or information which can be
|
| used to access a person's financial resources, or to identify a specific individual, or the actions taken, communications made or received, or other activities or transactions of a specific individual.
|
|
"Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers; and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
"Public water, gas, or power supply, or other public services" mean any service subject to regulation by the Illinois Commerce Commission; any service furnished by a public utility that is owned and operated by any political subdivision, public institution of higher education or municipal corporation of this State; any service furnished by any public utility that is owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; any service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act; or wireless service or other service regulated by the Federal Communications Commission.
"Publish" means to communicate or disseminate information to any one or more persons, either orally, in person, or by telephone, radio or television or in writing of any kind, including, without limitation, a letter or memorandum, circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored on a RFID tag or transponder attached to a personal identification document.
"RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder.
"Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
"Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
"Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
"Sound or audio visual recording" means any sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.
"Stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both. "Stored value card" shall only apply to Section 16-25.1 of this Act.
"Theft detection device remover" means any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.
"Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
"Unidentified sound or audio visual recording" means a sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.
"Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or re-transmission.
"Unlawful communication device" means any electronic serial number, mobile identification number, personal identification number or any communication or wireless device that is capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider, or that has been altered, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or other equipment, to so acquire or facilitate the unauthorized acquisition of a communication service. "Unlawful communication device" also means:
(1) any phone altered to obtain service without the
|
| express consent or express authorization of the communication service provider, tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, scanning receiver of wireless communication service or other instrument capable of disguising its identity or location or of gaining unauthorized access to a communications or wireless system operated by a communication service provider; and
|
|
(2) any communication or wireless device which is
|
| capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or devices, so as to be capable of, facilitating the disruption, acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.
|
|
"Vehicle" means a motor vehicle, motorcycle, or farm implement that is self-propelled and that uses motor fuel for propulsion.
"Wireless device" includes any type of instrument, device, machine, or
equipment that is capable of transmitting or receiving telephonic, electronic
or
radio communications, or any part of such instrument, device, machine, or
equipment, or any computer circuit, computer chip, electronic mechanism, or
other component that is capable of facilitating the transmission or reception
of telephonic, electronic, or radio communications.
(Source: P.A. 102-757, eff. 5-13-22.)
|
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over |
| property of the owner; or
|
|
(2) Obtains by deception control over property of the
|
|
(3) Obtains by threat control over property of the
|
|
(4) Obtains control over stolen property knowing the
|
| property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
|
|
(5) Obtains or exerts control over property in the
|
| custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
|
|
(A) Intends to deprive the owner permanently of
|
| the use or benefit of the property; or
|
|
(B) Knowingly uses, conceals or abandons the
|
| property in such manner as to deprive the owner permanently of such use or benefit; or
|
|
(C) Uses, conceals, or abandons the property
|
| knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
|
|
(b) Sentence.
(1) Theft of property not from the person and not
|
| exceeding $500 in value is a Class A misdemeanor.
|
|
(1.1) Theft of property not from the person and not
|
| exceeding $500 in value is a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
|
|
(2) A person who has been convicted of theft of
|
| property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.
|
|
(3) (Blank).
(4) Theft of property from the person not exceeding
|
| $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony.
|
|
(4.1) Theft of property from the person not exceeding
|
| $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
|
|
(5) Theft of property exceeding $10,000 and not
|
| exceeding $100,000 in value is a Class 2 felony.
|
|
(5.1) Theft of property exceeding $10,000 and not
|
| exceeding $100,000 in value is a Class 1 felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
|
|
(6) Theft of property exceeding $100,000 and not
|
| exceeding $500,000 in value is a Class 1 felony.
|
|
(6.1) Theft of property exceeding $100,000 in value
|
| is a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
|
|
(6.2) Theft of property exceeding $500,000 and not
|
| exceeding $1,000,000 in value is a Class 1 non-probationable felony.
|
|
(6.3) Theft of property exceeding $1,000,000 in value
|
|
(7) Theft by deception, as described by paragraph (2)
|
| of subsection (a) of this Section, in which the offender obtained money or property valued at $5,000 or more from a victim 60 years of age or older or a person with a disability is a Class 2 felony.
|
|
(8) Theft by deception, as described by paragraph
|
| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 3 felony if the rent payment or security deposit obtained does not exceed $500.
|
|
(9) Theft by deception, as described by paragraph
|
| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 2 felony if the rent payment or security deposit obtained exceeds $500 and does not exceed $10,000.
|
|
(10) Theft by deception, as described by paragraph
|
| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.
|
|
(11) Theft by deception, as described by paragraph
|
| (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class X felony if the rent payment or security deposit obtained exceeds $100,000.
|
|
(c) When a charge of theft of property exceeding a specified value
is brought, the value of the property involved is an element of the offense
to be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(d) Theft by lessee; permissive inference. The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a
lessee of the personal property of another fails to return it to the
owner within 10 days after written demand from the owner for its
return or (2) if a lessee of the personal property of another fails to return
it to the owner within 24 hours after written demand from the owner for its
return and the lessee had presented identification to the owner that contained
a materially fictitious name, address, or telephone number. A notice in
writing, given after the expiration of the leasing agreement, addressed and
mailed, by registered mail, to the lessee at the address given by him and shown
on the leasing agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person obtains by deception control over property. The trier of fact may infer that a person
"knowingly obtains by deception control over property of the owner" when he or she
fails to return, within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a promise, oral or
in writing, to perform services for the owner for consideration of $3,000
or more, and the promisor knowingly without good cause failed to
substantially perform pursuant to the agreement after taking a down payment
of 10% or more of the agreed upon consideration.
This provision shall not apply where the owner initiated the suspension of
performance under the agreement, or where the promisor responds to the
notice within the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known address of
the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
|
| that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
|
|
(2) Where the property involved is that of the
|
| offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.
|
|
(Source: P.A. 101-394, eff. 1-1-20 .)
|
(720 ILCS 5/16-18)
Sec. 16-18. Tampering with communication services; theft of communication services. (a) Injury to wires or obtaining service with intent to defraud. A person commits injury to wires or obtaining service with intent to defraud when he or she knowingly: (1) displaces, removes, injures or destroys any |
| telegraph or telephone line, wire, cable, pole or conduit, belonging to another, or the material or property appurtenant thereto; or
|
|
(2) cuts, breaks, taps, or makes any connection with
|
| any telegraph or telephone line, wire, cable or instrument belonging to another; or
|
|
(3) reads, takes or copies any message, communication
|
| or report intended for another passing over any such telegraph line, wire or cable in this State; or
|
|
(4) prevents, obstructs or delays by any means or
|
| contrivance whatsoever, the sending, transmission, conveyance or delivery in this State of any message, communication or report by or through any telegraph or telephone line, wire or cable; or
|
|
(5) uses any apparatus to unlawfully do or cause to
|
| be done any of the acts described in subdivisions (a)(1) through (a)(4) of this Section; or
|
|
(6) obtains, or attempts to obtain, any
|
| telecommunications service with the intent to deprive any person of the lawful charge, in whole or in part, for any telecommunications service:
|
|
(A) by charging such service to an existing
|
| telephone number without the authority of the subscriber thereto; or
|
|
(B) by charging such service to a nonexistent,
|
| false, fictitious, or counterfeit telephone number or to a suspended, terminated, expired, canceled, or revoked telephone number; or
|
|
(C) by use of a code, prearranged scheme, or
|
| other similar stratagem or device whereby said person, in effect, sends or receives information; or
|
|
(D) by publishing the number or code of an
|
| existing, canceled, revoked or nonexistent telephone number, credit number or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices which may be used to avoid the payment of any lawful telephone toll charge; or
|
|
(E) by any other trick, stratagem, impersonation,
|
| false pretense, false representation, false statement, contrivance, device, or means.
|
|
(b) Theft of communication services. A person commits theft of communication services when he or she knowingly:
(1) obtains or uses a communication service without
|
| the authorization of, or compensation paid to, the communication service provider;
|
|
(2) possesses, uses, manufactures, assembles,
|
| distributes, leases, transfers, or sells, or offers, promotes or advertises for sale, lease, use, or distribution, an unlawful communication device:
|
|
(A) for the commission of a theft of a
|
| communication service or to receive, disrupt, transmit, decrypt, or acquire, or facilitate the receipt, disruption, transmission, decryption or acquisition, of any communication service without the express consent or express authorization of the communication service provider; or
|
|
(B) to conceal or to assist another to conceal
|
| from any communication service provider or from any lawful authority the existence or place of origin or destination of any communication;
|
|
(3) modifies, alters, programs or reprograms a
|
| communication device for the purposes described in subdivision (2)(A) or (2)(B);
|
|
(4) possesses, uses, manufactures, assembles, leases,
|
| distributes, sells, or transfers, or offers, promotes or advertises for sale, use or distribution, any unlawful access device; or
|
|
(5) possesses, uses, prepares, distributes, gives or
|
| otherwise transfers to another or offers, promotes, or advertises for sale, use or distribution, any:
|
|
(A) plans or instructions for making or
|
| assembling an unlawful communication or access device, with the intent to use or employ the unlawful communication or access device, or to allow the same to be used or employed, for a purpose prohibited by this subsection (b), or knowing or having reason to know that the plans or instructions are intended to be used for manufacturing or assembling the unlawful communication or access device for a purpose prohibited by this subsection (b); or
|
|
(B) material, including hardware, cables, tools,
|
| data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or assembly of an unlawful communication or access device for a purpose prohibited by this subsection (b).
|
|
(c) Sentence.
(1) A violation of subsection (a) is a Class A
|
| misdemeanor; provided, however, that any of the following is a Class 4 felony:
|
|
(A) a second or subsequent conviction for a
|
| violation of subsection (a); or
|
|
(B) an offense committed for remuneration; or
(C) an offense involving damage or destruction of
|
| property in an amount in excess of $300 or defrauding of services in excess of $500.
|
|
(2) A violation of subsection (b) is a Class A
|
| misdemeanor, except that:
|
|
(A) A violation of subsection (b) is a Class 4
|
|
(i) the violation of subsection (b) involves
|
| at least 10, but not more than 50, unlawful communication or access devices; or
|
|
(ii) the defendant engages in conduct
|
| identified in subdivision (b)(3) of this Section with the intention of substantially disrupting and impairing the ability of a communication service provider to deliver communication services to its lawful customers or subscribers; or
|
|
(iii) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution; or
|
|
(iv) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
|
|
(v) the aggregate value of the service
|
| obtained is $300 or more; or
|
|
(vi) the violation is for a wired
|
| communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
|
|
(B) A violation of subsection (b) is a Class 3
|
|
(i) the violation of subsection (b) involves
|
| more than 50 unlawful communication or access devices; or
|
|
(ii) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution; or
|
|
(iii) the defendant at the time of the
|
| commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution and has been convicted previously of an offense under subsection (b) committed by the defendant while serving as a pre-trial detainee in a penal institution or while serving a sentence at a penal institution and uses any means of electronic communication as defined in Section 26.5-0.1 of this Code for fraud, theft, theft by deception, identity theft, or any other unlawful purpose; or
|
|
(iv) the violation is for a wired
|
| communication service or device and the defendant has been convicted previously on 2 or more occasions for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
|
|
(C) A violation of subsection (b) is a Class 2
|
| felony if the violation is for a wireless communication service or device and the defendant has been convicted previously for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
|
|
(3) Restitution. The court shall, in addition to any
|
| other sentence authorized by law, sentence a person convicted of violating subsection (b) to make restitution in the manner provided in Article 5 of Chapter V of the Unified Code of Corrections.
|
|
(d) Grading of offense based on prior convictions. For purposes of grading an offense based upon a prior conviction for an offense under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction under subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a prior conviction shall consist of convictions upon separate indictments or criminal complaints for offenses under subsection (b) or for any other type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, or fraud, including violations of the Cable Communications Policy Act of 1984 in this or any federal or other state jurisdiction.
(e) Separate offenses. For purposes of all criminal penalties or fines established for violations of subsection (b), the prohibited activity established in subsection (b) as it applies to each unlawful communication or access device shall be deemed a separate offense.
(f) Forfeiture of unlawful communication or access devices. Upon conviction of a defendant under subsection (b), the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful communication or access devices in the defendant's possession or control which were involved in the violation for which the defendant was convicted.
(g) Venue. An offense under subsection (b) may be deemed to have been committed at either the place where the defendant manufactured or assembled an unlawful communication or access device, or assisted others in doing so, or the place where the unlawful communication or access device was sold or delivered to a purchaser or recipient. It is not a defense to a violation of subsection (b) that some of the acts constituting the offense occurred outside of the State of Illinois.
(h) Civil action. For purposes of subsection (b):
(1) Bringing a civil action. Any person aggrieved by
|
| a violation may bring a civil action in any court of competent jurisdiction.
|
|
(2) Powers of the court. The court may:
(A) grant preliminary and final injunctions to
|
| prevent or restrain violations without a showing by the plaintiff of special damages, irreparable harm or inadequacy of other legal remedies;
|
|
(B) at any time while an action is pending, order
|
| the impounding, on such terms as it deems reasonable, of any unlawful communication or access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation;
|
|
(C) award damages as described in subdivision
|
|
(D) award punitive damages;
(E) in its discretion, award reasonable
|
| attorney's fees and costs, including, but not limited to, costs for investigation, testing and expert witness fees, to an aggrieved party who prevails; and
|
|
(F) as part of a final judgment or decree finding
|
| a violation, order the remedial modification or destruction of any unlawful communication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subdivision (h)(2)(B).
|
|
(3) Types of damages recoverable. Damages awarded by
|
| a court under this Section shall be computed as either of the following:
|
|
(A) Upon his or her election of such damages at
|
| any time before final judgment is entered, the complaining party may recover the actual damages suffered by him or her as a result of the violation and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages; in determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violation; or
|
|
(B) Upon election by the complaining party at any
|
| time before final judgment is entered, that party may recover in lieu of actual damages an award of statutory damages of not less than $250 and not more than $10,000 for each unlawful communication or access device involved in the action, with the amount of statutory damages to be determined by the court, as the court considers just. In any case, if the court finds that any of the violations were committed with the intent to obtain commercial advantage or private financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000 for each unlawful communication or access device involved in the action.
|
|
(4) Separate violations. For purposes of all civil
|
| remedies established for violations, the prohibited activity established in this Section applies to each unlawful communication or access device and shall be deemed a separate violation.
|
|
(Source: P.A. 97-597, eff. 1-1-12; 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/16-25) Sec. 16-25. Retail theft. (a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or |
| causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
|
|
(2) Alters, transfers, or removes any label, price
|
| tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
|
|
(3) Transfers any merchandise displayed, held, stored
|
| or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
|
|
(4) Under-rings with the intention of depriving the
|
| merchant of the full retail value of the merchandise; or
|
|
(5) Removes a shopping cart from the premises of a
|
| retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
|
|
(6) Represents to a merchant that he, she, or another
|
| is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
|
|
(7) Uses or possesses any theft detection shielding
|
| device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
|
|
(8) Obtains or exerts unauthorized control over
|
| property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
|
|
(b) Theft by emergency exit. A person commits theft by emergency exit when he or she commits a retail theft as defined in subdivisions (a)(1) through (a)(8) of this Section and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or
|
| her belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
|
|
(2) removes that merchandise beyond the last known
|
| station for receiving payments for that merchandise in that retail mercantile establishment,
|
|
then the trier of fact may infer that the person possessed, carried
away or transferred such merchandise with the intention of retaining it
or with the intention of depriving the merchant permanently of the
possession, use or benefit of such merchandise without paying the full
retail value of such merchandise.
To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred.
(e) For the purposes of this Section, "theft detection shielding device" means any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
|
| (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, is a Class A misdemeanor. A violation of subdivision (a)(7) of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Theft by emergency exit of property, the full retail value of which does not exceed $300, is a Class 4 felony.
|
|
(2) A person who has been convicted of retail theft
|
| of property under any of subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which does not exceed $300 for property other than motor fuel or $150 for motor fuel, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 4 felony. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $300, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery is guilty of a Class 3 felony.
|
|
(3) Any retail theft of property under any of
|
| subdivisions (a)(1) through (a)(6) and (a)(8) of this Section, the full retail value of which exceeds $300 for property other than motor fuel or $150 for motor fuel in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 3 felony. Theft by emergency exit of property, the full retail value of which exceeds $300 in a single transaction, or in separate transactions committed by the same person as part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 2 felony. When a charge of retail theft of property or theft by emergency exit of property, the full value of which exceeds $300, is brought, the value of the property involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $300.
|
|
(Source: P.A. 97-597, eff. 1-1-12.)
|
(720 ILCS 5/16-30) Sec. 16-30. Identity theft; aggravated identity theft.
(a) A person commits identity theft when he or
she
knowingly:
(1) uses any personal identifying information or |
| personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property;
|
|
(2) uses any personal identifying information or
|
| personal identification document of another with intent to commit any felony not set forth in paragraph (1) of this subsection (a);
|
|
(3) obtains, records, possesses, sells, transfers,
|
| purchases, or manufactures any personal identifying information or personal identification document of another with intent to commit any felony;
|
|
(4) uses, obtains, records, possesses, sells,
|
| transfers, purchases, or manufactures any personal identifying information or personal identification document of another knowing that such personal identifying information or personal identification documents were stolen or produced without lawful authority;
|
|
(5) uses, transfers, or possesses document-making
|
| implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony;
|
|
(6) uses any personal identifying information or
|
| personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identifying information or personal identification document of that person, without the prior express permission of that person;
|
|
(7) uses any personal identifying information or
|
| personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person;
|
|
(7.5) uses, possesses, or transfers a radio
|
| frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of this Article; or
|
|
(8) in the course of applying for a building permit
|
| with a unit of local government, provides the license number of a roofing or fire sprinkler contractor whom he or she does not intend to have perform the work on the roofing or fire sprinkler portion of the project; it is an affirmative defense to prosecution under this paragraph (8) that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the roofing or fire sprinkler contractor.
|
|
(b) Aggravated identity theft. A person commits aggravated identity theft when he or she commits identity theft as set forth in subsection (a) of this Section:
(1) against a person 60 years of age or older or a
|
| person with a disability; or
|
|
(2) in furtherance of the activities of an organized
|
|
A defense to aggravated identity theft does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age. For the purposes of this subsection, "organized gang" has the meaning ascribed in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Knowledge shall be determined by an evaluation of all circumstances
surrounding the use of the other
person's identifying information or document.
(d) When a charge of identity theft or aggravated identity theft of credit, money, goods,
services, or other property
exceeding a specified value is brought, the value of the credit, money, goods,
services, or other property is
an element of the offense to be resolved by the trier of fact as either
exceeding or not exceeding the
specified value.
(e) Sentence.
(1) Identity theft.
(A) A person convicted of identity theft in
|
| violation of paragraph (1) of subsection (a) shall be sentenced as follows:
|
|
(i) Identity theft of credit, money, goods,
|
| services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly person or person with a disability is guilty of a Class 2 felony.
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(ii) Identity theft of credit, money, goods,
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| services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony.
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(iii) Identity theft of credit, money, goods,
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| services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony.
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(iv) Identity theft of credit, money, goods,
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| services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony.
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(v) Identity theft of credit, money, goods,
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| services, or other property exceeding $100,000 in value is a Class X felony.
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(B) A person convicted of any offense enumerated
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| in paragraphs (2) through (7.5) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
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(C) A person convicted of any offense enumerated
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| in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) and (7.5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
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(D) A person who, within a 12-month period, is
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| found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) with respect to the identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
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(E) A person convicted of identity theft in
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| violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identifying information or personal identification document of another to purchase methamphetamine manufacturing material as defined in Section 10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
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(F) A person convicted of identity theft in
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| violation of paragraph (8) of subsection (a) of this Section is guilty of a Class 4 felony.
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(2) Aggravated identity theft.
(A) Aggravated identity theft of credit, money,
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| goods, services, or other property not exceeding $300 in value is a Class 3 felony.
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(B) Aggravated identity theft of credit, money,
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| goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.
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(C) Aggravated identity theft of credit, money,
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| goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.
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(D) Aggravated identity theft of credit, money,
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| goods, services, or other property exceeding $100,000 in value is a Class X felony.
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(E) Aggravated identity theft for a violation of
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| any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section is a Class 2 felony.
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(F) Aggravated identity theft when a person who,
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| within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7.5) of subsection (a) of this Section with identifiers of, or other information relating to, 3 or more separate individuals, at the same time or consecutively, is a Class 1 felony.
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(G) A person who has been previously convicted of
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| aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
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(Source: P.A. 101-324, eff. 1-1-20 .)
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(720 ILCS 5/17-0.5) Sec. 17-0.5. Definitions. In this Article: "Altered credit card or debit card" means any instrument
or device, whether known as a credit card or debit card, which has been
changed in any
respect by addition or deletion of any material, except for the signature
by the person to whom the card is issued. "Cardholder" means the person or organization named on the
face of a credit card or debit card to whom or for whose benefit the
credit card or debit card is issued by an issuer. "Computer" means a device that accepts, processes, stores, retrieves,
or outputs data and includes, but is not limited to, auxiliary storage, including cloud-based networks of remote services hosted on the Internet, and
telecommunications devices connected to computers. "Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data between them through the
communications facilities. "Computer program" or "program" means a series of coded instructions or
statements in a form acceptable to a computer which causes the computer to
process data and supply the results of the data processing. "Computer services" means computer time or services, including data
processing services, Internet services, electronic mail services, electronic
message services, or information or data stored in connection therewith. "Counterfeit" means to manufacture, produce or create, by any
means, a credit card or debit card without the purported issuer's
consent or authorization. "Credit card" means any instrument or device, whether known as a credit
card, credit plate, charge plate or any other name, issued with or without
fee by an issuer for the use of the cardholder in obtaining money, goods,
services or anything else of value on credit or in consideration or an
undertaking or guaranty by the issuer of the payment of a check drawn by
the cardholder. "Data" means a representation in any form of information, knowledge, facts, concepts,
or instructions, including program documentation, which is prepared or has been prepared in a
formalized manner and is stored or processed in or transmitted by a computer or in a system or network.
Data is considered property and may be in any form, including, but not
limited to, printouts, magnetic or optical storage media, punch cards, or
data stored internally in the memory of the computer. "Debit card" means any instrument or device, known by any
name, issued with or without fee by an issuer for the use of the cardholder
in obtaining money, goods, services, and anything else of value, payment of
which is made against funds previously deposited by the cardholder. A debit
card which also can be used to obtain money, goods, services and anything
else of value on credit shall not be considered a debit card when it is
being used to obtain money, goods, services or anything else of value on credit. "Document" includes, but is not limited to, any document, representation, or image produced manually, electronically, or by computer. "Electronic fund transfer terminal" means any machine or
device that, when properly activated, will perform any of the following services: (1) Dispense money as a debit to the cardholder's |
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(2) Print the cardholder's account balances on a
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(3) Transfer funds between a cardholder's accounts; or
(4) Accept payments on a cardholder's loan; or
(5) Dispense cash advances on an open end credit or a
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| revolving charge agreement; or
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(6) Accept deposits to a customer's account; or
(7) Receive inquiries of verification of checks and
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| dispense information that verifies that funds are available to cover such checks; or
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(8) Cause money to be transferred electronically from
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| a cardholder's account to an account held by any business, firm, retail merchant, corporation, or any other organization.
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"Electronic funds transfer system", hereafter referred to as
"EFT System", means that system whereby funds are transferred
electronically from a cardholder's account to any other account.
"Electronic mail service provider" means any person who (i) is an
intermediary in sending or receiving electronic mail and (ii) provides to
end-users of electronic mail services the ability to send or receive electronic
mail.
"Expired credit card or debit card" means a credit card
or debit card which is no longer valid because the term on it has elapsed.
"False academic degree" means a certificate, diploma, transcript, or other
document purporting to be issued by an institution of higher learning or
purporting to indicate that a person has completed an organized academic
program of study at an institution of higher learning when the person has not
completed the organized academic program of study indicated
on the certificate, diploma, transcript, or other document.
"False claim" means any statement made to any insurer, purported
insurer, servicing corporation, insurance broker, or insurance agent, or any
agent or employee of one of those entities, and made as part of, or in support of, a
claim for
payment or other benefit under a policy of insurance, or as part of, or
in support of, an application for the issuance of, or the rating of, any
insurance policy, when the statement does any of the following:
(1) Contains any false, incomplete, or misleading
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| information concerning any fact or thing material to the claim.
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(2) Conceals (i) the occurrence of an event that is
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| material to any person's initial or continued right or entitlement to any insurance benefit or payment or (ii) the amount of any benefit or payment to which the person is entitled.
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"Financial institution" means any bank, savings and loan association, credit union, or other depository of money or medium of savings and collective investment.
"Governmental entity" means: each officer, board, commission, and
agency created by the Constitution, whether in the executive, legislative, or
judicial branch of State government; each officer, department, board,
commission, agency, institution, authority, university, and body politic and
corporate of the State; each administrative unit or corporate outgrowth of
State government that is created by or pursuant to
statute, including units of local government and their officers, school
districts, and boards of election commissioners; and each administrative unit
or corporate outgrowth of the foregoing items and as may be created by executive order of
the Governor.
"Incomplete credit card or debit card" means a credit
card or debit card which is missing part of the matter other than the
signature of the cardholder which an issuer requires to appear on the
credit card or debit card before it can be used by a cardholder, and
this includes credit cards or debit cards which have not been stamped,
embossed, imprinted or written on.
"Institution of higher learning" means a public or private college,
university, or community college located in the State of Illinois that is
authorized by the Board of Higher Education or the Illinois Community
College Board to issue post-secondary degrees, or a public or private college,
university, or community college located anywhere in the United States that is
or has been legally constituted to offer degrees and instruction in its state
of origin or incorporation.
"Insurance company" means "company" as defined under Section 2 of the
Illinois Insurance Code.
"Issuer" means the business organization or financial
institution which issues a credit card or debit card, or its duly authorized agent.
"Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code.
"Person" means any individual, corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association or any other entity.
"Receives" or "receiving" means acquiring possession or control.
"Record of charge form" means any document submitted or intended to be
submitted to an issuer as evidence of a credit transaction for which the
issuer has agreed to reimburse persons providing money, goods, property,
services or other things of value.
"Revoked credit card or debit card" means a credit card
or debit card which is no longer valid because permission to use it has
been suspended or terminated by the issuer.
"Sale" means any delivery for value.
"Scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right to honest services.
"Self-insured entity" means any person, business, partnership,
corporation, or organization that sets aside funds to meet his, her, or its
losses or to absorb fluctuations in the amount of loss, the losses being
charged against the funds set aside or accumulated.
"Social networking website" means an Internet website containing profile web pages of the members of the website that include the names or nicknames of such members, photographs placed on the profile web pages by such members, or any other personal or personally identifying information about such members and links to other profile web pages on social networking websites of friends or associates of such members that can be accessed by other members or visitors to the website. A social networking website provides members of or visitors to such website the ability to leave messages or comments on the profile web page that are visible to all or some visitors to the profile web page and may also include a form of electronic mail for members of the social networking website.
"Statement" means any assertion, oral, written, or otherwise, and
includes, but is not limited to: any notice, letter, or memorandum; proof of
loss; bill of lading; receipt for payment; invoice, account, or other financial
statement; estimate of property damage; bill for services; diagnosis or
prognosis;
prescription; hospital, medical, or dental chart or other record, x-ray,
photograph, videotape, or movie film; test result; other evidence of loss,
injury, or expense; computer-generated document; and data in any form.
"Universal Price Code Label" means a unique symbol that consists of a machine-readable code and human-readable numbers.
"With intent to defraud" means to act knowingly, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another or bringing some financial gain to oneself, regardless of whether any person was actually defrauded or deceived. This includes an intent to cause another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.
(Source: P.A. 101-87, eff. 1-1-20 .)
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(720 ILCS 5/17-1) (from Ch. 38, par. 17-1) Sec. 17-1. Deceptive practices.
(A) General deception. A person commits a deceptive practice when,
with intent to defraud, the person does any of the following: (1) He or she knowingly causes another, by deception |
| or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred.
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(2) Being an officer, manager or other person
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| participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.
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(3) He or she knowingly makes a false or deceptive
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| statement addressed to the public for the purpose of promoting the sale of property or services.
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(B) Bad checks.
A person commits a deceptive practice when:
(1) With intent to obtain control over property or to
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| pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. The trier of fact may infer that the defendant knows that the check or other order will not be paid by the depository and that the defendant has acted with intent to defraud when the defendant fails to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart. In this paragraph (B)(1), "property" includes rental property (real or personal).
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(2) He or she issues or delivers a check or other
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| order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.
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(C) Bank-related fraud.
(1) False statement.
A person commits false statement bank fraud if he or she, with intent to defraud, makes or causes to be
made any false statement in writing in order to obtain an account with
a bank or other financial institution, or to obtain credit from a bank or
other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with
the intent that it be relied upon.
For purposes of this subsection (C), a false statement means any false
statement representing identity, address, or employment, or the identity,
address, or employment of any person, firm, or corporation.
(2) Possession of stolen or fraudulently obtained checks.
A person commits possession of stolen or fraudulently obtained checks when he or she possesses, with the intent to obtain access to
funds of another person held in a real or fictitious deposit account at a
financial institution, makes a false statement or a misrepresentation to the
financial institution, or possesses, transfers, negotiates, or presents for
payment a check, draft, or other item purported to direct the financial
institution to withdraw or pay funds out of the account holder's deposit
account with knowledge that such possession, transfer, negotiation, or
presentment is not authorized by the account holder or the issuing financial
institution. A person shall be deemed to have been
authorized to possess, transfer, negotiate, or present for payment such item
if the person was otherwise entitled by law to withdraw or recover funds
from the account in question and followed the requisite procedures under
the law. If the account holder, upon discovery of the
withdrawal or payment, claims that the withdrawal or payment was not
authorized, the financial institution may require the account holder to
submit an affidavit to that effect on a form satisfactory to the financial
institution before the financial institution may be required to credit the
account in an amount equal to the amount or amounts that were withdrawn
or paid without authorization.
(3) Possession of implements of check fraud.
A person commits possession of implements of check fraud when he or she possesses, with the intent to defraud and without the
authority of the account holder or financial institution, any check
imprinter, signature imprinter, or "certified" stamp.
(D) Sentence.
(1) The commission of a deceptive practice in
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| violation of this Section, except as otherwise provided by this subsection (D), is a Class A misdemeanor.
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(2) For purposes of paragraphs (A)(1) and (B)(1):
(a) The commission of a deceptive practice in
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| violation of paragraph (A)(1) or (B)(1), when the value of the property so obtained, in a single transaction or in separate transactions within a 90-day period, exceeds $150, is a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90-day period, those separate transactions shall be alleged in a single charge and prosecuted in a single prosecution.
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(b) The commission of a deceptive practice in
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| violation of paragraph (B)(1) a second or subsequent time is a Class 4 felony.
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(3) For purposes of paragraph (C)(2), a person who,
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| within any 12-month period, violates paragraph (C)(2) with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.
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(4) For purposes of paragraph (C)(3), a person who
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| within any 12-month period violates paragraph (C)(3) as to possession of 3 or more such devices at the same time or consecutively is guilty of a Class 4 felony.
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(E) Civil liability. A person who issues a check or order to a payee in violation of paragraph (B)(1) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand both by certified mail and by first class mail to the person's last known address or attempted delivery of a written demand sent both by certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney's fees and court costs. An action under this subsection (E) may be brought in small claims court or in any other appropriate court. As part of the written demand required by this subsection (E), the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this subsection (E), the defendant may tender to the plaintiff and the plaintiff shall accept, as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, including the cost of service of process, and attorney's fees.
(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-1b)
Sec. 17-1b. State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause
exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an
offender to a diversion program on condition that the criminal charges against
the offender will be dismissed after a specified period of time, or the case
will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices
under the bad check diversion program created under this Section, including
the amount of the check and any transaction fees payable to a victim as set
forth in subsection (g)
but does not include amounts
recoverable under Section 3-806 of the Uniform Commercial Code and subsection (E) of Section
17-1 of this Code.
(b) A State's Attorney may create within his or her office a bad check
diversion program for offenders who agree to voluntarily participate in the
program instead of undergoing prosecution. The program may be conducted by the
State's Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private entity to perform
any services in operating the program, the entity shall operate under the
supervision, direction, and control of the State's Attorney. Any private entity
providing services under this Section is not a "collection agency" as that
term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's
Attorney may determine whether the offender is appropriate for acceptance in
the
program. The State's Attorney may consider, but shall not be limited to
consideration of, the
following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are |
| pending against the offender;
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(4) the evidence presented to the State's Attorney
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| regarding the facts and circumstances of the incident;
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(5) the offender's criminal history; and
(6) the reason the check was dishonored by the
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(d) The bad check diversion program may require an offender to do one or
more of the following:
(i) pay for, at his or her own expense, and
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| successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney;
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(ii) make full restitution for the offense;
(iii) pay a per-check administrative fee as set forth
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(e) If an offender is diverted to the program, the State's Attorney shall
agree in writing not to prosecute the offender upon the offender's successful
completion of the program conditions. The State's Attorney's agreement to
divert the offender shall specify the
offenses that will not be prosecuted by identifying the checks involved in the
transactions.
(f) The State's Attorney, or private entity under contract with the
State's Attorney, may collect a fee from an offender diverted to the State's
Attorney's bad check diversion program. This fee may be deposited in a
bank account maintained by the State's Attorney for the purpose of
depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State's
Attorney may require that the fee be paid directly to a private entity that
administers the program under a contract with the State's Attorney.
The amount of the administrative fees collected by the State's Attorney
under the program may not exceed $35 per check. The county board may,
however, by ordinance, increase the fees allowed by this Section if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of providing the
service.
(g) (1) The private entity shall be required to maintain
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| adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded.
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(2) (A) Each private entity that has a contract with
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| the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "trust account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them.
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(B) The trust account shall be established in a
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| financial institution which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day.
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(C) Each private entity shall keep on file the
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| name of the financial institution in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.
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(3) The State's Attorney may cancel a contract
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| entered into with a private entity under this Section for any one or any combination of the following causes:
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(A) Conviction of the private entity or the
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| principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.
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(B) A determination that the private entity has
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| engaged in conduct prohibited in item (4).
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(4) The State's Attorney may determine whether the
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| private entity has engaged in the following prohibited conduct:
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(A) Using or threatening to use force or violence
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| to cause physical harm to an offender, his or her family, or his or her property.
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(B) Threatening the seizure, attachment, or sale
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| of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required.
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(C) Disclosing or threatening to disclose
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| information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false.
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(D) Initiating or threatening to initiate
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| communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order.
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(E) Communicating with the offender or any member
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| of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment:
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(i) Communicating with the offender or any
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| member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence.
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|
(ii) The threat of publication or publication
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| of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney.
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|
(iii) The threat of advertisement or
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| advertisement for sale of any restitution to coerce payment of the restitution.
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|
(iv) Causing a telephone to ring or engaging
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| any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
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|
(v) Using profane, obscene or abusive
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| language in communicating with an offender, his or her family, or others.
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|
(vi) Disclosing or threatening to disclose
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| information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel.
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|
(vii) Disclosing or threatening to disclose
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| information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation.
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|
(viii) Engaging in any conduct which the
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| State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family.
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|
(ix) Attempting or threatening to enforce a
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| right or remedy with knowledge or reason to know that the right or remedy does not exist.
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|
(x) Except as authorized by the State's
|
| Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not.
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|
(xi) Using any badge, uniform, or other
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| indicia of any governmental agency or official, except as authorized by law or by the State's Attorney.
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|
(xii) Except as authorized by the State's
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| Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not.
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|
(xiii) Misrepresenting the amount of the
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| restitution alleged to be owed.
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|
(xiv) Except as authorized by the State's
|
| Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution.
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|
(xv) Except as authorized by the State's
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| Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not.
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|
(xvi) Collecting or attempting to collect any
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| interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee.
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|
(xvii) Communicating or threatening to
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| communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent.
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|
(xviii) Engaging in dishonorable, unethical,
|
| or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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|
(5) The State's Attorney shall audit the accounts of
|
| the bad check diversion program after notice in writing to the private entity.
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|
(6) Any information obtained by a private entity that
|
| has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney.
|
|
(h) The State's Attorney, or private entity under contract with the
State's Attorney, shall recover, in addition to the face amount of the
dishonored check or draft, a transaction fee to defray the costs and expenses
incurred by a victim who received a dishonored check that was made or
delivered by the offender. The face amount of the dishonored check or draft and
the transaction fee shall be paid by the State's Attorney or private entity
under contract with the State's Attorney to the victim as
restitution for the offense. The amount of the transaction fee must not
exceed: $25 if the face amount of the check or draft does not exceed $100;
$30 if the face amount of the check or draft is greater than $100 but does not
exceed $250; $35 if the face amount of the check or draft is greater than
$250 but does not exceed $500; $40 if the face amount of the
check or draft is greater than $500 but does not exceed $1,000; and $50 if the
face amount of the check or draft is greater than $1,000.
(i) The offender, if aggrieved by an action of the private
entity contracted to operate a bad check diversion program, may submit a
grievance to
the State's Attorney who may then resolve the grievance. The private entity
must give notice to the offender that the grievance procedure is available. The
grievance procedure shall be established by the State's Attorney.
(Source: P.A. 95-41, eff. 1-1-08; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
Sec. 17-2. False personation; solicitation. (a) False personation; solicitation. (1) A person commits a false personation when he or |
| she knowingly and falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when he or she knowingly exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
|
|
(2) A person commits a false personation when he or
|
| she knowingly and falsely represents himself or herself to be a veteran in seeking employment or public office. In this paragraph, "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States.
|
|
(2.1) A person commits a false personation when he or
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| she knowingly and falsely represents himself or herself to be:
|
|
(A) an active-duty member of the Armed Services
|
| or Reserve Forces of the United States or the National Guard or a veteran of the Armed Services or Reserve Forces of the United States or the National Guard; and
|
|
(B) obtains money, property, or another tangible
|
| benefit through that false representation.
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|
In this paragraph, "member of the Armed Services or
|
| Reserve Forces of the United States" means a member of the United States Navy, Army, Air Force, Marine Corps, or Coast Guard; and "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States or the National Guard.
|
|
(2.5) A person commits a false personation when he or
|
| she knowingly and falsely represents himself or herself to be:
|
|
(A) another actual person and does an act in such
|
| assumed character with intent to intimidate, threaten, injure, defraud, or to obtain a benefit from another; or
|
|
(B) a representative of an actual person or
|
| organization and does an act in such false capacity with intent to obtain a benefit or to injure or defraud another.
|
|
(3) No person shall knowingly use the words "Police",
|
| "Police Department", "Patrolman", "Sergeant", "Lieutenant", "Peace Officer", "Sheriff's Police", "Sheriff", "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy Sheriff", "State Police", or any other words to the same effect (i) in the title of any organization, magazine, or other publication without the express approval of the named public safety personnel organization's governing board or (ii) in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, public university, or unit of local government.
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|
(4) No person may knowingly claim or represent that
|
| he or she is acting on behalf of any public safety personnel organization when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity and specifies and states clearly and fully the purpose for which the proceeds of the solicitation, contribution, or sale will be used.
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|
(5) No person, when soliciting financial
|
| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless:
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|
(A) the person is actually representing or acting
|
| on behalf of the nongovernmental organization;
|
|
(B) the nongovernmental organization is
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| controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers; and
|
|
(C) before commencing the solicitation or the
|
| sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used, has been entered into.
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|
(6) No person, when soliciting financial
|
| contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may knowingly claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless:
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|
(A) the person is actually representing or acting
|
| on behalf of the nongovernmental organization;
|
|
(B) the nongovernmental organization is
|
| controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians - ambulance, emergency medical technicians - intermediate, emergency medical technicians - paramedic, ambulance drivers, or other medical assistance or first aid personnel; and
|
|
(C) before commencing the solicitation or the
|
| sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, the soliciting or selling person and the nongovernmental organization have entered into a written contract that specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
|
|
(7) No person may knowingly claim or represent that
|
| he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
|
|
(8) No person, firm, copartnership, or corporation
|
| (except corporations organized and doing business under the Pawners Societies Act) shall knowingly use a name that contains in it the words "Pawners' Society".
|
|
(b) False personation; public officials and employees. A person commits a false personation if he or she knowingly and falsely represents himself or herself to be any of the following:
(1) An attorney authorized to practice law for
|
| purposes of compensation or consideration. This paragraph (b)(1) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
|
|
(2) A public officer or a public employee or an
|
| official or employee of the federal government.
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|
(2.3) A public officer, a public employee, or an
|
| official or employee of the federal government, and the false representation is made in furtherance of the commission of felony.
|
|
(2.7) A public officer or a public employee, and the
|
| false representation is for the purpose of effectuating identity theft as defined in Section 16-30 of this Code.
|
|
(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
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|
(6) A peace officer in attempting or committing a
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|
(7) The parent, legal guardian, or other relation of
|
| a minor child to any public official, public employee, or elementary or secondary school employee or administrator.
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|
(7.5) The legal guardian, including any
|
| representative of a State or public guardian, of a person with a disability appointed under Article XIa of the Probate Act of 1975.
|
|
(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
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|
(11) An emergency management worker of any
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| jurisdiction in this State.
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|
(12) An emergency management worker of any
|
| jurisdiction in this State in attempting or committing a felony. For the purposes of this subsection (b), "emergency management worker" has the meaning provided under Section 2-6.6 of this Code.
|
|
(b-5) The trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person:
(1) wears or displays without authority any uniform,
|
| badge, insignia, or facsimile thereof by which a public officer or public employee or official or employee of the federal government is lawfully distinguished; or
|
|
(2) falsely expresses by word or action that he or
|
| she is a public officer or public employee or official or employee of the federal government and is acting with approval or authority of a public agency or department.
|
|
(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits
|
| fraudulent advertisement of a corporate name if he, she, or it, not being incorporated, puts forth a sign or advertisement and assumes, for the purpose of soliciting business, a corporate name.
|
|
(2) Nothing contained in this subsection (c)
|
| prohibits a corporation, company, association, or person from using a divisional designation or trade name in conjunction with its corporate name or assumed name under Section 4.05 of the Business Corporation Act of 1983 or, if it is a member of a partnership or joint venture, from doing partnership or joint venture business under the partnership or joint venture name. The name under which the joint venture or partnership does business may differ from the names of the members. Business may not be conducted or transacted under that joint venture or partnership name, however, unless all provisions of the Assumed Business Name Act have been complied with. Nothing in this subsection (c) permits a foreign corporation to do business in this State without complying with all Illinois laws regulating the doing of business by foreign corporations. No foreign corporation may conduct or transact business in this State as a member of a partnership or joint venture that violates any Illinois law regulating or pertaining to the doing of business by foreign corporations in Illinois.
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|
(3) The provisions of this subsection (c) do not
|
| apply to limited partnerships formed under the Revised Uniform Limited Partnership Act or under the Uniform Limited Partnership Act (2001).
|
|
(d) False law enforcement badges.
(1) A person commits false law enforcement badges if
|
| he or she knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge or, in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency.
|
|
(2) It is a defense to false law enforcement badges
|
| that the law enforcement badge is used or is intended to be used exclusively: (i) as a memento or in a collection or exhibit; (ii) for decorative purposes; or (iii) for a dramatic presentation, such as a theatrical, film, or television production.
|
|
(e) False medals.
(1) A person commits a false personation if he or she
|
| knowingly and falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States Government, irrespective of branch of service: The Congressional Medal of Honor, The Distinguished Service Cross, The Navy Cross, The Air Force Cross, The Silver Star, The Bronze Star, or the Purple Heart.
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|
(2) It is a defense to a prosecution under paragraph
|
| (e)(1) that the medal is used, or is intended to be used, exclusively:
|
|
(A) for a dramatic presentation, such as a
|
| theatrical, film, or television production, or a historical re-enactment; or
|
|
(B) for a costume worn, or intended to be worn,
|
| by a person under 18 years of age.
|
|
(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty
|
| offense subject to a fine of not less than $5 nor more than $100, and the person, firm, copartnership, or corporation commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (c)(1) is a petty offense, and the company, association, or person commits an additional petty offense for each day he, she, or it continues to commit the violation. A violation of paragraph (a)(2.1) or subsection (e) is a petty offense for which the offender shall be fined at least $100 and not more than $200.
|
|
(2) A violation of paragraph (a)(1), (a)(3), or
|
| (b)(7.5) is a Class C misdemeanor.
|
|
(3) A violation of paragraph (a)(2), (a)(2.5),
|
| (a)(7), (b)(2), or (b)(7) or subsection (d) is a Class A misdemeanor. A second or subsequent violation of subsection (d) is a Class 3 felony.
|
|
(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
|
| (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a Class 4 felony.
|
|
(5) A violation of paragraph (b)(4), (b)(9), or
|
| (b)(12) is a Class 3 felony.
|
|
(6) A violation of paragraph (b)(5) or (b)(10) is a
|
|
(7) A violation of paragraph (b)(6) is a Class 1
|
|
(g) A violation of subsection (a)(1) through (a)(7) or subsection (e) of this Section may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication.
(Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16; 100-201, eff. 8-18-17.)
|
(720 ILCS 5/17-5.7)
Sec. 17-5.7. Deceptive advertising. (a) Any person, firm, corporation or association or agent or employee
thereof, who, with intent to sell, purchase, or in any wise dispose of, or
to contract with reference to merchandise, securities, real estate,
service, employment, money, credit or anything offered by such person,
firm, corporation or association, or agent or employee thereof, directly or
indirectly, to the public for sale, purchase, loan, distribution, or the
hire of personal services, or with intent to increase the consumption of or
to contract with reference to any merchandise, real estate, securities,
money, credit, loan, service or employment, or to induce the public in any
manner to enter into any obligation relating thereto, or to acquire title
thereto, or an interest therein, or to make any loan, makes, publishes,
disseminates, circulates, or places before the public, or causes, directly
or indirectly, to be made, published, disseminated, circulated, or placed
before the public, in this State, in a newspaper, magazine, or other
publication, or in the form of a book, notice, handbill, poster, sign,
bill, circular, pamphlet, letter, placard, card, label, or over any radio
or television station, or in any other way similar or dissimilar to the
foregoing, an advertisement, announcement, or statement of any sort
regarding merchandise, securities, real estate, money, credit, service,
employment, or anything so offered for use, purchase, loan or sale, or the
interest, terms or conditions upon which such loan will be made to the
public, which advertisement contains any assertion, representation or
statement of fact which is untrue, misleading or deceptive, shall be guilty
of a Class A misdemeanor. (b) Any person, firm or corporation offering for sale merchandise,
commodities or service by making, publishing, disseminating, circulating or
placing before the public within this State in any manner an advertisement
of merchandise, commodities, or service, with the intent, design or purpose
not to sell the merchandise, commodities, or service so advertised at the
price stated therein, or otherwise communicated, or with intent not to sell
the merchandise, commodities, or service so advertised, may be enjoined
from such advertising upon application for injunctive relief by the
State's Attorney or Attorney General, and shall also be guilty of a Class A
misdemeanor. (c) Any person, firm or corporation who makes, publishes,
disseminates, circulates or places before the public, or causes, directly
or indirectly to be made, published, disseminated, circulated or placed
before the public, in this State, in a newspaper, magazine or other
publication published in this State, or in the form of a book, notice,
handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, or
label distributed in this State, or over any radio or television station
located in this State or in any other way in this State similar or
dissimilar to the foregoing, an advertisement, announcement, statement or
representation of any kind to the public relating to the sale, offering for
sale, purchase, use or lease of any real estate in a subdivision located
outside the State of Illinois may be enjoined from such activity upon
application for injunctive relief by the State's
Attorney or Attorney
General and shall also be guilty of a Class A misdemeanor unless such
advertisement, announcement, statement or representation contains or is
accompanied by a clear, concise statement of the proximity of such real
estate in common units of measurement to public schools, public highways,
fresh water supply, public sewers, electric power, stores and shops, and
telephone service or contains a statement that one or more of such
facilities are not readily available, and name those not available. (d) Subsections (a), (b), and (c) do not apply to any medium for the printing,
publishing, or disseminating of advertising, or any owner, agent or
employee thereof, nor to any advertising agency or owner, agent or employee
thereof, nor to any radio or television station, or owner, agent, or
employee thereof, for printing, publishing, or disseminating, or causing to
be printed, published, or disseminated, such advertisement in good faith
and without knowledge of the deceptive character thereof. (e) No person, firm or corporation owning or operating a service station
shall advertise or hold out or state to the public the per gallon price
of gasoline, upon any sign on the premises of such station, unless such
price includes all taxes, and unless the price, as so advertised, corresponds
with the price appearing on the pump from which such gasoline is dispensed.
Also, the identity of the product must be included with the price in any
such advertisement, holding out or statement to the public. Any person who violates this subsection (e) shall be guilty
of a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11 .) |
(720 ILCS 5/17-6.3)
Sec. 17-6.3. WIC fraud. (a) For the purposes of this Section, the Special
Supplemental Food Program for Women, Infants and Children administered by the Illinois Department of Public Health or Department of
Human Services shall be referred to as "WIC". (b) A person commits WIC fraud if he or she knowingly (i) uses, acquires,
possesses, or transfers WIC Food
Instruments or authorizations to participate in WIC in any manner not authorized by law or the rules of the Illinois
Department of Public Health or Department of Human Services or (ii) uses, acquires, possesses, or
transfers altered WIC Food Instruments
or authorizations to participate in WIC. (c) Administrative malfeasance. (1) A person commits administrative malfeasance if he |
| or she knowingly or recklessly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available for WIC.
|
|
(2) An official or employee of the State or a unit of
|
| local government who knowingly aids, abets, assists, or participates in a known violation of this Section is subject to disciplinary proceedings under the rules of the applicable State agency or unit of local government.
|
|
(d) Unauthorized possession of identification document. A
person commits unauthorized possession of an identification document if he or she knowingly possesses, with intent to commit a misdemeanor or felony, another person's identification
document issued by the Illinois Department of Public Health or Department of
Human Services. For purposes of this Section, "identification document"
includes, but is not limited to, an authorization to participate in WIC or a card or other document
that identifies a person as being entitled to WIC benefits.
(e) Penalties.
(1) If an individual, firm, corporation, association,
|
| agency, institution, or other legal entity is found by a court to have engaged in an act, practice, or course of conduct declared unlawful under subsection (a), (b), or (c) of this Section and:
|
|
(A) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is less than $150, the violation is a Class A misdemeanor; a second or subsequent violation is a Class 4 felony;
|
|
(B) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 4 felony; a second or subsequent violation is a Class 3 felony;
|
|
(C) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 3 felony; a second or subsequent violation is a Class 2 felony;
|
|
(D) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $5,000 or more but less than $10,000, the violation is a Class 2 felony; a second or subsequent violation is a Class 1 felony; or
|
|
(E) the total amount of money involved in the
|
| violation, including the monetary value of the WIC Food Instruments and the value of commodities, is $10,000 or more, the violation is a Class 1 felony and the defendant shall be permanently ineligible to participate in WIC.
|
|
(2) A violation of subsection (d) is a Class 4 felony.
(3) The State's Attorney of the county in which the
|
| violation of this Section occurred or the Attorney General shall bring actions arising under this Section in the name of the People of the State of Illinois.
|
|
(4) For purposes of determining the classification of
|
| an offense under this subsection (e), all of the money received as a result of the unlawful act, practice, or course of conduct, including the value of any WIC Food Instruments and the value of commodities, shall be aggregated.
|
|
(f) Seizure and forfeiture of property.
(1) A person who commits a felony violation of this
|
| Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
|
|
(2) Property subject to forfeiture under this
|
| subsection (f) may be seized by the Director of the Illinois State Police or any local law enforcement agency upon process or seizure warrant issued by any court having jurisdiction over the property. The Director or a local law enforcement agency may seize property under this subsection (f) without process under any of the following circumstances:
|
|
(A) If the seizure is incident to inspection
|
| under an administrative inspection warrant.
|
|
(B) If the property subject to seizure has been
|
| the subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding under Article 124B of the Code of Criminal Procedure of 1963.
|
|
(C) If there is probable cause to believe that
|
| the property is directly or indirectly dangerous to health or safety.
|
|
(D) If there is probable cause to believe that
|
| the property is subject to forfeiture under this subsection (f) and Article 124B of the Code of Criminal Procedure of 1963 and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.
|
|
(E) In accordance with the Code of Criminal
|
|
(g) Future participation as WIC vendor. A person
who has
been convicted of a felony violation of this Section is prohibited from
participating as a WIC vendor for a minimum period of 3 years following
conviction and until the total amount of money involved in the violation,
including the value of WIC Food Instruments and the value of commodities, is repaid to WIC.
This prohibition shall extend to any person with management responsibility in a
firm, corporation, association, agency, institution, or other legal entity that
has been convicted of a violation of this Section and to an officer or person
owning, directly or indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) Sec. 17-10.2. Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units. (a) In this Section: "Minority person" means a person who is any of the |
|
(1) American Indian or Alaska Native (a person having
|
| origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
|
|
(2) Asian (a person having origins in any of the
|
| original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
|
|
(3) Black or African American (a person having
|
| origins in any of the black racial groups of Africa).
|
|
(4) Hispanic or Latino (a person of Cuban, Mexican,
|
| Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
|
|
(5) Native Hawaiian or Other Pacific Islander (a
|
| person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
|
|
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
|
| person qualifying as having a disability.
|
|
"Disability" means a severe physical or mental
|
| disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, an intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities.
|
|
"Minority owned business" means a business concern
|
| that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it.
|
|
"Female owned business" means a business concern that
|
| is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it.
|
|
"Business owned by a person with a disability" means
|
| a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".
|
|
"Governmental unit" means the State, a unit of local
|
| government, or school district.
|
|
(b) In addition to any other penalties imposed by law or by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution.
(c) In addition to any other penalties authorized by law, the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one-half times the amount of the contract obtained because of the false representation.
(Source: P.A. 102-465, eff. 1-1-22 .)
|
(720 ILCS 5/17-10.5)
Sec. 17-10.5. Insurance fraud. (a) Insurance fraud. (1) A person commits insurance fraud when he or she |
| knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance company or self-insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property.
|
|
(2) A person commits health care benefits fraud
|
| against a provider, other than a governmental unit or agency, when he or she knowingly obtains or attempts to obtain, by deception, health care benefits and that obtaining or attempt to obtain health care benefits does not involve control over property of the provider.
|
|
(b) Aggravated insurance fraud.
(1) A person commits aggravated insurance fraud on a
|
| private entity when he or she commits insurance fraud 3 or more times within an 18-month period arising out of separate incidents or transactions.
|
|
(2) A person commits being an organizer of an
|
| aggravated insurance fraud on a private entity conspiracy if aggravated insurance fraud on a private entity forms the basis for a charge of conspiracy under Section 8-2 of this Code and the person occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy.
|
|
(c) Conspiracy to commit insurance fraud. If aggravated insurance fraud on a private entity forms the basis for charges of conspiracy under Section 8-2 of this Code, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations.
If aggravated insurance fraud on a private entity forms the basis for a charge of conspiracy under Section 8-2 of this Code, and the accused occupies a position of organizer, supervisor, financer, or other position of management within the conspiracy, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of this Section need not be the same person or persons for each violation as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations.
(d) Sentence.
(1) A violation of paragraph (a)(1) in which the
|
| value of the property obtained, attempted to be obtained, or caused to be obtained is $300 or less is a Class A misdemeanor.
|
|
(2) A violation of paragraph (a)(1) in which the
|
| value of the property obtained, attempted to be obtained, or caused to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
|
|
(3) A violation of paragraph (a)(1) in which the
|
| value of the property obtained, attempted to be obtained, or caused to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
|
|
(4) A violation of paragraph (a)(1) in which the
|
| value of the property obtained, attempted to be obtained, or caused to be obtained is more than $100,000 is a Class 1 felony.
|
|
(5) A violation of paragraph (a)(2) is a Class A
|
|
(6) A violation of paragraph (b)(1) is a Class 1
|
| felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained.
|
|
(7) A violation of paragraph (b)(2) is a Class X
|
|
(8) A person convicted of insurance fraud, vendor
|
| fraud, or a federal criminal violation associated with defrauding the Medicaid program shall be ordered to pay monetary restitution to the insurance company or self-insured entity or any other person for any financial loss sustained as a result of a violation of this Section, including any court costs and attorney's fees. An order of restitution shall include expenses incurred and paid by the State of Illinois or an insurance company or self-insured entity in connection with any medical evaluation or treatment services.
|
|
(9) Notwithstanding Section 8-5 of this Code, a
|
| person may be convicted and sentenced both for the offense of conspiracy to commit insurance fraud or the offense of being an organizer of an aggravated insurance fraud conspiracy and for any other offense that is the object of the conspiracy.
|
|
(e) Civil damages for insurance fraud.
(1) A person who knowingly obtains, attempts to
|
| obtain, or causes to be obtained, by deception, control over the property of any insurance company by the making of a false claim or by causing a false claim to be made on a policy of insurance issued by an insurance company, or by the making of a false claim or by causing a false claim to be made to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property, shall be civilly liable to the insurance company or self-insured entity that paid the claim or against whom the claim was made or to the subrogee of that insurance company or self-insured entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if no property was wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorney's fees.
|
|
(2) An insurance company or self-insured entity that
|
| brings an action against a person under paragraph (1) of this subsection in bad faith shall be liable to that person for twice the value of the property claimed, plus reasonable attorney's fees. In determining whether an insurance company or self-insured entity acted in bad faith, the court shall relax the rules of evidence to allow for the introduction of any facts or other information on which the insurance company or self-insured entity may have relied in bringing an action under paragraph (1) of this subsection.
|
|
(f) Determination of property value. For the purposes of this Section, if the exact value of the property
attempted to be obtained is either not alleged by the claimant or not
specifically set by the terms of a policy of insurance, the value
of the
property shall be the fair market replacement value of the property claimed to
be lost, the reasonable costs of reimbursing a vendor or other claimant for
services to be rendered, or both.
(g) Actions by State licensing agencies.
(1) All State licensing agencies, the Illinois State
|
| Police, and the Department of Financial and Professional Regulation shall coordinate enforcement efforts relating to acts of insurance fraud.
|
|
(2) If a person who is licensed or registered under
|
| the laws of the State of Illinois to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud, the Illinois State Police must forward to each State agency by which the person is licensed or registered a copy of the conviction or plea and all supporting evidence.
|
|
(3) Any agency that receives information under this
|
| Section shall, not later than 6 months after the date on which it receives the information, publicly report the final action taken against the convicted person, including but not limited to the revocation or suspension of the license or any other disciplinary action taken.
|
|
(h) Definitions. For the purposes of this Section, "obtain", "obtains control", "deception", "property", and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
(720 ILCS 5/17-10.6) Sec. 17-10.6. Financial institution fraud. (a) Misappropriation of financial institution property. A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution. (b) Commercial bribery of a financial institution. (1) A person commits commercial bribery of a |
| financial institution when he or she knowingly confers or offers or agrees to confer any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with the intent to influence his or her conduct in relation to his or her employer's or principal's affairs.
|
|
(2) An employee, agent, or fiduciary of a financial
|
| institution commits commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she knowingly solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs.
|
|
(c) Financial institution fraud. A person commits financial institution fraud when he or she knowingly executes or attempts to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits,
|
| assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.
|
|
(d) Loan fraud. A person commits loan fraud when he or she knowingly, with intent to defraud, makes any false statement or report, or overvalues any land, property, or security, with the intent to influence in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security.
(e) Concealment of collateral. A person commits concealment of collateral when he or she, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another any property mortgaged or pledged to or held by a financial institution.
(f) Financial institution robbery. A person commits robbery when he or she knowingly, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, a financial institution.
(g) Conspiracy to commit a financial crime.
(1) A person commits conspiracy to commit a financial
|
| crime when, with the intent that any violation of this Section be committed, he or she agrees with another person to the commission of that offense.
|
|
(2) No person may be convicted of conspiracy to
|
| commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co-conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.
|
|
(3) It shall not be a defense to conspiracy to commit
|
| a financial crime that the person or persons with whom the accused is alleged to have conspired:
|
|
(A) has not been prosecuted or convicted;
(B) has been convicted of a different offense;
(C) is not amenable to justice;
(D) has been acquitted; or
(E) lacked the capacity to commit the offense.
(h) Continuing financial crimes enterprise. A person commits a continuing financial crimes enterprise when he or she knowingly, within an 18-month period, commits 3 or more separate offenses constituting any combination of the following:
(1) an offense under this Section;
(2) a felony offense in violation of Section 16A-3 or
|
| subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
|
|
(3) if involving a financial institution, any other
|
| felony offense under this Code.
|
|
(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a
|
| continuing financial crimes enterprise when he or she:
|
|
(A) with the intent to commit any offense, agrees
|
| with another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18-month period:
|
|
(i) an offense under this Section;
(ii) a felony offense in violation of Section
|
| 16A-3 or subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or
|
|
(iii) if involving a financial institution,
|
| any other felony offense under this Code; and
|
|
(B) with respect to the other persons within the
|
| conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.
|
|
(2) The person with whom the accused agreed to commit
|
| the 3 or more offenses under this Section, or, if involving a financial institution, any other felony offenses under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses.
|
|
(j) Sentence.
(1) Except as otherwise provided in this subsection,
|
| a violation of this Section, the full value of which:
|
|
(A) does not exceed $500, is a Class A
|
|
(B) does not exceed $500, and the person has been
|
| previously convicted of a financial crime or any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion, is guilty of a Class 4 felony;
|
|
(C) exceeds $500 but does not exceed $10,000, is
|
|
(D) exceeds $10,000 but does not exceed $100,000,
|
|
(E) exceeds $100,000 but does not exceed
|
| $500,000, is a Class 1 felony;
|
|
(F) exceeds $500,000 but does not exceed
|
| $1,000,000, is a Class 1 non-probationable felony; when a charge of financial crime, the full value of which exceeds $500,000 but does not exceed $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $500,000;
|
|
(G) exceeds $1,000,000, is a Class X felony; when
|
| a charge of financial crime, the full value of which exceeds $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $1,000,000.
|
|
(2) A violation of subsection (f) is a Class 1 felony.
(3) A violation of subsection (h) is a Class 1 felony.
(4) A violation for subsection (i) is a Class X
|
|
(k) A "financial crime" means an offense described in this Section.
(l) Period of limitations. The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the offense is committed.
(m) Forfeiture. Any violation of subdivision (2) of subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to the remedies, procedures, and forfeiture as set forth in Article 29B of this Code.
Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
|
(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
Sec. 17-51. Computer tampering.
(a) A person commits
computer tampering when he or she knowingly and without the authorization of a
computer's owner or in excess of
the authority granted to him or her:
(1) Accesses or causes to be accessed a computer or |
| any part thereof, a computer network, or a program or data;
|
|
(2) Accesses or causes to be accessed a computer or
|
| any part thereof, a computer network, or a program or data, and obtains data or services;
|
|
(3) Accesses or causes to be accessed a computer or
|
| any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
|
|
(4) Inserts or attempts to insert a program into a
|
| computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
|
|
(A) damage or destroy that computer, or any other
|
| computer subsequently accessing or being accessed by that computer;
|
|
(B) alter, delete, or remove a computer program
|
| or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
|
|
(C) cause loss to the users of that computer or
|
| the users of a computer which accesses or which is accessed by such program; or
|
|
(5) Falsifies or forges electronic mail transmission
|
| information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
|
|
(a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or
otherwise
distribute or possess with the intent to sell, give, or distribute software
which:
(1) is primarily designed or produced for the purpose
|
| of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
|
|
(2) has only a limited commercially significant
|
| purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
|
|
(3) is marketed by that person or another acting in
|
| concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
|
|
(a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a
computer's owner if:
(1) the owner authorizes patrons, customers, or
|
| guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
|
|
(2) the owner authorizes the public to access the
|
| computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
|
|
(3) the person accesses the computer network in
|
| compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
|
|
(b) Sentence.
(1) A person who commits computer tampering as set
|
| forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
|
|
(2) A person who commits computer tampering as set
|
| forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
|
|
(3) A person who commits computer tampering as set
|
| forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
|
|
(4) If an injury arises from the transmission of
|
| unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
|
|
(5) If an injury arises from the transmission of
|
| unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
|
|
(6) The provisions of this Section shall not be
|
| construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
|
|
(c) Whoever suffers loss by reason of a violation of subdivision (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In
a civil action under this Section, the court may award to the prevailing
party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)
|
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages |
|
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
|
| without his or her consent;
|
|
(5) knowingly deposits on the land or in the building
|
| of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
|
|
(6) knowingly damages any property, other than as
|
| described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
|
|
(7) knowingly shoots a firearm at any portion of a
|
|
(8) knowingly, without proper authorization, cuts,
|
| injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
|
|
(9) intentionally, without proper authorization,
|
|
(b) When the charge of criminal damage to property exceeding a specified
value is brought, the extent of the damage is an element of the offense to
be resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
(d) Sentence.
(1) A violation of subsection (a) shall have the
|
|
(A) A violation of paragraph (8) or (9) is a
|
|
(B) A violation of paragraph (1), (2), (3), (5),
|
| or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
|
|
(C) A violation of paragraph (1), (2), (3), (5),
|
| or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
|
|
(D) A violation of paragraph (4) is a Class 4
|
| felony when the damage to property does not exceed $10,000.
|
|
(E) A violation of paragraph (7) is a Class 4
|
|
(F) A violation of paragraph (1), (2), (3), (5)
|
| or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
|
|
(G) A violation of paragraphs (1) through (6) is
|
| a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
|
|
(H) A violation of paragraphs (1) through (6) is
|
| a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
|
|
(I) A violation of paragraphs (1) through (6) is
|
| a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
|
|
(J) A violation of paragraphs (1) through (6) is
|
| a Class 2 felony when the damage to property exceeds $100,000. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
|
|
(2) When the damage to property exceeds $10,000, the
|
| court shall impose upon the offender a fine equal to the value of the damages to the property.
|
|
(3) In addition to any other sentence that may be
|
| imposed, a court shall order any person convicted of criminal damage to property 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.
|
|
The community service requirement does not apply when
|
| the court imposes a sentence of incarceration.
|
|
(4) In addition to any criminal penalties imposed
|
| for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
|
|
(5) For the purposes of this subsection (d), "farm
|
| equipment" means machinery or other equipment used in farming.
|
|
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
|
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) A person commits criminal trespass to real property when he or she:
(1) knowingly and without lawful authority enters or |
| remains within or on a building;
|
|
(2) enters upon the land of another, after receiving,
|
| prior to the entry, notice from the owner or occupant that the entry is forbidden;
|
|
(3) remains upon the land of another, after receiving
|
| notice from the owner or occupant to depart;
|
|
(3.5) presents false documents or falsely represents
|
| his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
|
|
(3.7) intentionally removes a notice posted on
|
| residential real estate as required by subsection (l) of Section 15-1505.8 of Article XV of the Code of Civil Procedure before the date and time set forth in the notice; or
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(4) enters a field used or capable of being used for
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| growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.
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For purposes of item (1) of this subsection, this Section shall not apply
to being in a building which is open to the public while the building is open
to the public during its normal hours of operation; nor shall this Section
apply to a person who enters a public building under the reasonable belief that
the building is still open to the public.
(b) A person has received notice from the owner or occupant within the
meaning of Subsection (a) if he or she has been notified personally, either orally
or in writing including a valid court order as defined by subsection (7)
of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy
(2) of subsection (b) of Section 112A-14 of that Code, or if a printed or
written notice forbidding such entry has been conspicuously posted or
exhibited at the main entrance to the land or the forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
(1) A vertical line of at least 8 inches in length
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| and the bottom of the mark shall be no less than 3 feet nor more than 5 feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
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(2) A post capped or otherwise marked on at least its
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| top 2 inches. The bottom of the cap or mark shall be not less than 3 feet but not more than 5 feet 6 inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
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Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
(b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants.
(c) This Section does not apply to any person, whether a migrant worker
or otherwise, living on the land with permission of the owner or of his
or her agent having apparent authority to hire workers on this land and assign
them living quarters or a place of accommodations for living thereon, nor
to anyone living on the land at the request of, or by occupancy, leasing
or other agreement or arrangement with the owner or his or her agent, nor to
anyone invited by the migrant worker or other person so living on the
land to visit him or her at the place he is so living upon the land.
(d) A person shall be exempt from prosecution under this Section if
he or she beautifies unoccupied and abandoned residential and industrial properties
located within any municipality. For the purpose of this subsection,
"unoccupied and abandoned residential and industrial property" means any
real estate (1) in which the taxes have not been paid for a period of at
least 2 years; and (2) which has been left unoccupied and abandoned for a
period of at least one year; and "beautifies" means to landscape, clean up
litter, or to repair dilapidated conditions on or to board up windows
and doors.
(e) No person shall be liable in any civil action for money damages
to the owner of unoccupied and abandoned residential and industrial property
which that person beautifies pursuant to subsection (d) of this Section.
(e-5) Mortgagee or agent of the mortgagee exceptions.
(1) A mortgagee or agent of the mortgagee shall be
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| exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
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(2) No mortgagee or agent of the mortgagee shall be
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| liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
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(3) For the purpose of this subsection (e-5) only,
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| "abandoned residential property" means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Code of Civil Procedure.
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(f) This Section does not prohibit a person from entering a building or
upon the land of another for emergency purposes. For purposes of this
subsection (f), "emergency" means a condition or circumstance in which an
individual is or is reasonably believed by the person to be in imminent danger
of serious bodily harm or in which property is or is reasonably believed to be
in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
(h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor.
(i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i):
"Land" includes, but is not limited to, land used for
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| crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.
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"Owner" means the person who has the right to
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| possession of the land, including the owner, operator or tenant.
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|
"Vehicle" has the same meaning as provided under
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| Section 1-217 of the Illinois Vehicle Code.
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|
(j) This Section does not apply to the following persons while serving process:
(1) a person authorized to serve process under
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| Section 2-202 of the Code of Civil Procedure; or
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|
(2) a special process server appointed by the circuit
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|
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13 .)
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(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons when
he knowingly:
(1) Sells, manufactures, purchases, possesses or |
| carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
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|
(2) Carries or possesses with intent to use the same
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| unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
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(2.5) Carries or possesses with intent to use the
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| same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
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(3) Carries on or about his person or in any vehicle,
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| a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
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(4) Carries or possesses in any vehicle or concealed
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| on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a)(4) does not apply to or affect transportation of weapons that meet one of the following conditions:
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|
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
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| firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
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|
(iv) are carried or possessed in accordance with
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| the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act; or
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|
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
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| designed, used or intended for use in silencing the report of any firearm; or
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|
(7) Sells, manufactures, purchases, possesses or
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(i) a machine gun, which shall be defined for the
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| purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
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(ii) any rifle having one or more barrels less
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| than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
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(iii) any bomb, bomb-shell, grenade, bottle or
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| other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
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(8) Carries or possesses any firearm, stun gun or
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| taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
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|
This subsection (a)(8) does not apply to any auction
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| or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
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(9) Carries or possesses in a vehicle or on or about
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| his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity; or
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(10) Carries or possesses on or about his or her
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| person, upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, or taser or other firearm, except that this subsection (a)(10) does not apply to or affect transportation of weapons that meet one of the following conditions:
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|
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
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| firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
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|
(iv) are carried or possessed in accordance with
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| the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.
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A "stun gun or taser", as used in this paragraph (a)
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| means (i) any device which is powered by 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 a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by 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; or
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|
(11) Sells, manufactures, delivers, imports,
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| possesses, or purchases any assault weapon attachment or .50 caliber cartridge in violation of Section 24-1.9 or any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
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(12) (Blank); or
(13) Carries or possesses on or about his or her
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| person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material; or
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(14) Manufactures, possesses, sells, or offers to
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| sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts; or
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(15) Carries or possesses any assault weapon or .50
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| caliber rifle in violation of Section 24-1.9; or
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(16) Manufactures, sells, delivers, imports, or
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| purchases any assault weapon or .50 caliber rifle in violation of Section 24-1.9.
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|
(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) commits a Class A
misdemeanor.
A person convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person
convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)
commits a Class 3 felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the
passenger compartment of a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The possession of each weapon or device in violation of this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
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| 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
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|
(1.5) A person who violates subsection 24-1(a)(4),
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| 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.
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|
(2) A person who violates subsection 24-1(a)(1),
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| 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.
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|
(3) Paragraphs (1), (1.5), and (2) of this subsection
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| (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.
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|
(4) For the purposes of this subsection (c), "school"
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| means any public or private elementary or secondary school, community college, college, or university.
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|
(5) For the purposes of this subsection (c),
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| "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.
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|
(d) The presence in an automobile other than a public omnibus of any
weapon, instrument or substance referred to in subsection (a)(7) is
prima facie evidence that it is in the possession of, and is being
carried by, all persons occupying such automobile at the time such
weapon, instrument or substance is found, except under the following
circumstances: (i) if such weapon, instrument or instrumentality is
found upon the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile operated for
hire by a duly licensed driver in the due, lawful and proper pursuit of
his or her trade, then such presumption shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and
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| Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
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|
(2) The provision of paragraph (1) of subsection (a)
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| of this Section prohibiting the sale, manufacture, purchase, possession, or carrying of any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, does not apply to a person who possesses a currently valid Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives.
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|
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
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(720 ILCS 5/24-1.6) Sec. 24-1.6. Aggravated unlawful use of a weapon. (a) A person commits the offense of aggravated unlawful use of a weapon when
he or she knowingly: (1) Carries on or about his or her person or in any |
| vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
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|
(2) Carries or possesses on or about his or her
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| person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and
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|
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver,
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| or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
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|
(A-5) the pistol, revolver, or handgun possessed
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| was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
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|
(B) the firearm, other than a pistol, revolver,
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| or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
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|
(B-5) the pistol, revolver, or handgun possessed
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| was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
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(C) the person possessing the firearm has not
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| been issued a currently valid Firearm Owner's Identification Card; or
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|
(D) the person possessing the weapon was
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| previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
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|
(E) the person possessing the weapon was engaged
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| in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
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(F) (blank); or
(G) the person possessing the weapon had an order
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| of protection issued against him or her within the previous 2 years; or
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|
(H) the person possessing the weapon was engaged
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| in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
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|
(I) the person possessing the weapon was under 21
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| years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
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|
(a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the same definition
given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the transportation or
possession
of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
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| carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.
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|
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
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| felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
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|
(2) Except as otherwise provided in paragraphs (3)
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| and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
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|
(3) Aggravated unlawful use of a weapon by a person
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| who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
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|
(4) Aggravated unlawful use of a weapon while wearing
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| or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.
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|
(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
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(720 ILCS 5/24-1.9) Sec. 24-1.9. Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges. (a) Definitions. In this Section: (1) "Assault weapon" means any of the following, except as provided in subdivision (2) of this
subsection: (A) A semiautomatic rifle that has the capacity to |
| accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
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|
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
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| protruding grip that can be held by the non-trigger hand;
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|
(iii) a folding, telescoping, thumbhole, or
|
| detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;
|
|
(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
|
| partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.
|
|
(B) A semiautomatic rifle that has a fixed magazine
|
| with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
|
|
(C) A semiautomatic pistol that has the capacity to
|
| accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
|
|
(i) a threaded barrel;
(ii) a second pistol grip or another feature
|
| capable of functioning as a protruding grip that can be held by the non-trigger hand;
|
|
(iii) a shroud attached to the barrel or that
|
| partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
|
|
(iv) a flash suppressor;
(v) the capacity to accept a detachable magazine
|
| at some location outside of the pistol grip; or
|
|
(vi) a buffer tube, arm brace, or other part that
|
| protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.
|
|
(D) A semiautomatic pistol that has a fixed magazine
|
| with the capacity to accept more than 15 rounds.
|
|
(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
|
|
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
|
| protruding grip that can be held by the non-trigger hand;
|
|
(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
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|
(vi) the capacity to accept a detachable
|
|
(G) Any semiautomatic firearm that has the capacity
|
| to accept a belt ammunition feeding device.
|
|
(H) Any firearm that has been modified to be operable
|
| as an assault weapon as defined in this Section.
|
|
(I) Any part or combination of parts designed or
|
| intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
|
|
(J) All of the following rifles, copies, duplicates,
|
| variants, or altered facsimiles with the capability of any such weapon:
|
|
(i) All AK types, including the following:
(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
|
| MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.
|
|
(II) IZHMASH Saiga AK.
(III) MAADI AK47 and ARM.
(IV) Norinco 56S, 56S2, 84S, and 86S.
(V) Poly Technologies AK47 and AKS.
(VI) SKS with a detachable magazine.
(ii) all AR types, including the following:
(I) AR-10.
(II) AR-15.
(III) Alexander Arms Overmatch Plus 16.
(IV) Armalite M15 22LR Carbine.
(V) Armalite M15-T.
(VI) Barrett REC7.
(VII) Beretta AR-70.
(VIII) Black Rain Ordnance Recon Scout.
(IX) Bushmaster ACR.
(X) Bushmaster Carbon 15.
(XI) Bushmaster MOE series.
(XII) Bushmaster XM15.
(XIII) Chiappa Firearms MFour rifles.
(XIV) Colt Match Target rifles.
(XV) CORE Rifle Systems CORE15 rifles.
(XVI) Daniel Defense M4A1 rifles.
(XVII) Devil Dog Arms 15 Series rifles.
(XVIII) Diamondback DB15 rifles.
(XIX) DoubleStar AR rifles.
(XX) DPMS Tactical rifles.
(XXI) DSA Inc. ZM-4 Carbine.
(XXII) Heckler & Koch MR556.
(XXIII) High Standard HSA-15 rifles.
(XXIV) Jesse James Nomad AR-15 rifle.
(XXV) Knight's Armament SR-15.
(XXVI) Lancer L15 rifles.
(XXVII) MGI Hydra Series rifles.
(XXVIII) Mossberg MMR Tactical rifles.
(XXIX) Noreen Firearms BN 36 rifle.
(XXX) Olympic Arms.
(XXXI) POF USA P415.
(XXXII) Precision Firearms AR rifles.
(XXXIII) Remington R-15 rifles.
(XXXIV) Rhino Arms AR rifles.
(XXXV) Rock River Arms LAR-15 or Rock River
|
|
(XXXVI) Sig Sauer SIG516 rifles and MCX
|
|
(XXXVII) Smith & Wesson M&P15 rifles.
(XXXVIII) Stag Arms AR rifles.
(XXXIX) Sturm, Ruger & Co. SR556 and AR-556
|
|
(XL) Uselton Arms Air-Lite M-4 rifles.
(XLI) Windham Weaponry AR rifles.
(XLII) WMD Guns Big Beast.
(XLIII) Yankee Hill Machine Company, Inc.
|
|
(iii) Barrett M107A1.
(iv) Barrett M82A1.
(v) Beretta CX4 Storm.
(vi) Calico Liberty Series.
(vii) CETME Sporter.
(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
|
|
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
|
| FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
|
|
(x) Feather Industries AT-9.
(xi) Galil Model AR and Model ARM.
(xii) Hi-Point Carbine.
(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
(xiv) IWI TAVOR, Galil ACE rifle.
(xv) Kel-Tec Sub-2000, SU-16, and RFB.
(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
|
| Sauer SG 551, and SIG MCX.
|
|
(xvii) Springfield Armory SAR-48.
(xviii) Steyr AUG.
(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
|
|
(xx) All Thompson rifles, including the
|
|
(I) Thompson M1SB.
(II) Thompson T1100D.
(III) Thompson T150D.
(IV) Thompson T1B.
(V) Thompson T1B100D.
(VI) Thompson T1B50D.
(VII) Thompson T1BSB.
(VIII) Thompson T1-C.
(IX) Thompson T1D.
(X) Thompson T1SB.
(XI) Thompson T5.
(XII) Thompson T5100D.
(XIII) Thompson TM1.
(XIV) Thompson TM1C.
(xxi) UMAREX UZI rifle.
(xxii) UZI Mini Carbine, UZI Model A Carbine, and
|
|
(xxiii) Valmet M62S, M71S, and M78.
(xxiv) Vector Arms UZI Type.
(xxv) Weaver Arms Nighthawk.
(xxvi) Wilkinson Arms Linda Carbine.
(K) All of the following pistols, copies, duplicates,
|
| variants, or altered facsimiles with the capability of any such weapon thereof:
|
|
(i) All AK types, including the following:
(I) Centurion 39 AK pistol.
(II) CZ Scorpion pistol.
(III) Draco AK-47 pistol.
(IV) HCR AK-47 pistol.
(V) IO Inc. Hellpup AK-47 pistol.
(VI) Krinkov pistol.
(VII) Mini Draco AK-47 pistol.
(VIII) PAP M92 pistol.
(IX) Yugo Krebs Krink pistol.
(ii) All AR types, including the following:
(I) American Spirit AR-15 pistol.
(II) Bushmaster Carbon 15 pistol.
(III) Chiappa Firearms M4 Pistol GEN II.
(IV) CORE Rifle Systems CORE15 Roscoe pistol.
(V) Daniel Defense MK18 pistol.
(VI) DoubleStar Corporation AR pistol.
(VII) DPMS AR-15 pistol.
(VIII) Jesse James Nomad AR-15 pistol.
(IX) Olympic Arms AR-15 pistol.
(X) Osprey Armament MK-18 pistol.
(XI) POF USA AR pistols.
(XII) Rock River Arms LAR 15 pistol.
(XIII) Uselton Arms Air-Lite M-4 pistol.
(iii) Calico pistols.
(iv) DSA SA58 PKP FAL pistol.
(v) Encom MP-9 and MP-45.
(vi) Heckler & Koch model SP-89 pistol.
(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
|
|
(viii) IWI Galil Ace pistol, UZI PRO pistol.
(ix) Kel-Tec PLR 16 pistol.
(x) All MAC types, including the following:
(I) MAC-10.
(II) MAC-11.
(III) Masterpiece Arms MPA A930 Mini Pistol,
|
| MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
|
|
(IV) Military Armament Corp. Ingram M-11.
(V) Velocity Arms VMAC.
(xi) Sig Sauer P556 pistol.
(xii) Sites Spectre.
(xiii) All Thompson types, including the
|
|
(I) Thompson TA510D.
(II) Thompson TA5.
(xiv) All UZI types, including Micro-UZI.
(L) All of the following shotguns, copies,
|
| duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
|
|
(i) DERYA Anakon MC-1980, Anakon SD12.
(ii) Doruk Lethal shotguns.
(iii) Franchi LAW-12 and SPAS 12.
(iv) All IZHMASH Saiga 12 types, including the
|
|
(I) IZHMASH Saiga 12.
(II) IZHMASH Saiga 12S.
(III) IZHMASH Saiga 12S EXP-01.
(IV) IZHMASH Saiga 12K.
(V) IZHMASH Saiga 12K-030.
(VI) IZHMASH Saiga 12K-040 Taktika.
(v) Streetsweeper.
(vi) Striker 12.
(2) "Assault weapon" does not include:
(A) Any firearm that is an unserviceable firearm or
|
| has been made permanently inoperable.
|
|
(B) An antique firearm or a replica of an antique
|
|
(C) A firearm that is manually operated by bolt,
|
| pump, lever or slide action, unless the firearm is a shotgun with a revolving cylinder.
|
|
(D) Any air rifle as defined in Section 24.8-0.1 of
|
|
(E) Any handgun, as defined under the Firearm
|
| Concealed Carry Act, unless otherwise listed in this Section.
|
|
(3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of this subsection (a).
(4) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921(a)(16).
(5) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical reenactments.
(6) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.
(7) "Detachable magazine" means an ammunition feeding device that may be removed from a firearm without disassembly of the firearm action, including an ammunition feeding device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or other tool, or any other object that functions as a tool, including a bullet or cartridge.
(8) "Fixed magazine" means an ammunition feeding device that is permanently attached to a firearm, or contained in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
(b) Except as provided in subsections (c), (d), and (e), on or after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
(c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
(d) This Section does not apply to a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited by subsection (c) of this Section, if the person has provided in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois State Police, no later than October 1, 2023:
(1) the affiant's Firearm Owner's Identification Card
|
|
(2) an affirmation that the affiant: (i) possessed an
|
| assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before the effective date of this amendatory Act of the 102nd General Assembly; or (ii) inherited the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge from a person with an endorsement under this Section or from a person authorized under subdivisions (1) through (5) of subsection (e) to possess the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge; and
|
|
(3) the make, model, caliber, and serial number of
|
| the .50 caliber rifle or assault weapon or assault weapons listed in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section possessed by the affiant prior to the effective date of this amendatory Act of the 102nd General Assembly and any assault weapons identified and published by the Illinois State Police pursuant to this subdivision (3). No later than October 1, 2023, and every October 1 thereafter, the Illinois State Police shall, via rulemaking, identify, publish, and make available on its website, the list of assault weapons subject to an endorsement affidavit under this subsection (d). The list shall identify, but is not limited to, the copies, duplicates, variants, and altered facsimiles of the assault weapons identified in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section and shall be consistent with the definition of "assault weapon" identified in this Section. The Illinois State Police may adopt emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The adoption of emergency rules authorized by Section 5-45 of the Illinois Administrative Procedure Act and this paragraph is deemed to be necessary for the public interest, safety, and welfare.
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|
The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act."
In any administrative, civil, or criminal proceeding in this State, a completed endorsement affidavit submitted to the Illinois State Police by a person under this Section creates a rebuttable presumption that the person is entitled to possess and transport the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, a person authorized under this Section to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only:
(1) on private property owned or immediately
|
| controlled by the person;
|
|
(2) on private property that is not open to the
|
| public with the express permission of the person who owns or immediately controls such property;
|
|
(3) while on the premises of a licensed firearms
|
| dealer or gunsmith for the purpose of lawful repair;
|
|
(4) while engaged in the legal use of the assault
|
| weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or
|
|
(5) while traveling to or from these locations,
|
| provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.
|
|
Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.
Except as provided in subsection (e) and beginning on January 1, 2024, any person who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall, within 60 days, apply for a Firearm Owners Identification Card and complete an endorsement application as outlined in subsection (d).
Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties.
(e) The provisions of this Section regarding the purchase or possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 cartridges, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:
(1) Peace officers, as defined in Section 2-13 of
|
|
(2) Qualified law enforcement officers and qualified
|
| retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.
|
|
(3) Acquisition and possession by a federal, State,
|
| or local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).
|
|
(4) Wardens, superintendents, and keepers of prisons,
|
| penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
|
|
(5) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while performing their official duties or while traveling to or from their places of duty.
|
|
(6) Any company that employs armed security officers
|
| in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.
|
|
(7) Any private security contractor agency licensed
|
| under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
|
|
The provisions of this Section do not apply to the manufacture, delivery, sale, import, purchase, or possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or causing the manufacture, delivery, sale, importation, purchase, or possession of those items:
(A) for sale or transfer to persons authorized under
|
| subdivisions (1) through (7) of this subsection (e) to possess those items;
|
|
(B) for sale or transfer to the United States or any
|
| department or agency thereof; or
|
|
(C) for sale or transfer in another state or for
|
|
This Section does not apply to or affect any of the following:
(i) Possession of any firearm if that firearm is
|
| sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events. For the purposes of this paragraph (8), "firearm" has the meaning provided in Section 1.1 of the Firearm Owners Identification Card Act.
|
|
(ii) Any nonresident who transports, within 24
|
| hours, a weapon for any lawful purpose from any place where the nonresident may lawfully possess and carry that weapon to any other place where the nonresident may lawfully possess and carry that weapon if, during the transportation, the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. In the case of a vehicle without a compartment separate from the driver's compartment, the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.
|
|
(iii) Possession of a weapon at an event taking place
|
| at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the weapon, or while traveling to or from that location if the weapon is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.
|
|
(iv) Possession of a weapon only for hunting use
|
| expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms. By October 1, 2023, the Illinois State Police, in consultation with the Department of Natural Resources, shall adopt rules concerning the list of applicable weapons approved under this subparagraph (iv). The Illinois State Police may adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The adoption of emergency rules authorized by Section 5-45 of the Illinois Administrative Procedure Act and this paragraph is deemed to be necessary for the public interest, safety, and welfare.
|
|
(v) The manufacture, transportation, possession,
|
| sale, or rental of blank-firing assault weapons and .50 caliber rifles, or the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted, to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.
|
|
Any person not subject to this Section may submit an endorsement affidavit if the person chooses.
(f) Any sale or transfer with a background check initiated to the Illinois State Police on or before the effective date of this amendatory Act of the 102nd General Assembly is allowed to be completed after the effective date of this amendatory Act once an approval is issued by the Illinois State Police and any applicable waiting period under Section 24-3 has expired.
(g) The Illinois State Police shall take all steps necessary to carry out the requirements of this Section within by October 1, 2023.
(h) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 102nd General Assembly and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23.)
|
(720 ILCS 5/24-1.10) Sec. 24-1.10. Manufacture, delivery, sale, and possession of large capacity ammunition feeding devices. (a) In this Section: "Handgun" has the meaning ascribed to it in the Firearm Concealed Carry Act. "Long gun" means a rifle or shotgun. "Large capacity ammunition feeding device" means: (1) a magazine, belt, drum, feed strip, or similar |
| device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns; or
|
|
(2) any combination of parts from which a device
|
| described in paragraph (1) can be assembled.
|
|
"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine
that is contained in a lever-action firearm or any device that has been made permanently inoperable.
(b) Except as provided in subsections (e) and (f), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device.
(c) Except as provided in subsections (d), (e), and (f), and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful to knowingly possess a large capacity ammunition feeding device.
(d) Subsection (c) does not apply to a person's possession of a large capacity ammunition feeding device if the person lawfully possessed that large capacity ammunition feeding device before the effective date of this amendatory Act of the 102nd General Assembly, provided that the person shall possess such device only:
(1) on private property owned or immediately
|
| controlled by the person;
|
|
(2) on private property that is not open to the
|
| public with the express permission of the person who owns or immediately controls such property;
|
|
(3) while on the premises of a licensed firearms
|
| dealer or gunsmith for the purpose of lawful repair;
|
|
(4) while engaged in the legal use of the large
|
| capacity ammunition feeding device at a properly licensed firing range or sport shooting competition venue; or
|
|
(5) while traveling to or from these locations,
|
| provided that the large capacity ammunition feeding device is stored unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.
|
|
A person authorized under this Section to possess a large capacity ammunition feeding device may transfer the large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the large capacity ammunition feeding device except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the large capacity ammunition feeding device is transferred shall, within 60 days of the transfer, notify the Illinois State Police of the person's acquisition and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the large capacity ammunition feeding device is transferred may transfer it only as provided in this subsection.
Except as provided in subsections (e) and (f) and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, any person who moves into this State in possession of a large capacity ammunition feeding device shall, within 60 days, apply for a Firearm Owners Identification Card.
(e) The provisions of this Section regarding the purchase or possession of large capacity ammunition feeding devices, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:
(1) Peace officers as defined in Section 2-13 of this
|
|
(2) Qualified law enforcement officers and qualified
|
| retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.
|
|
(3) A federal, State, or local law enforcement agency
|
| for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).
|
|
(4) Wardens, superintendents, and keepers of prisons,
|
| penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
|
|
(5) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while their official duties or while traveling to or from their places of duty.
|
|
(6) Any company that employs armed security officers
|
| in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.
|
|
(7) Any private security contractor agency licensed
|
| under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
|
|
(f) This Section does not apply to or affect any of the following:
(1) Manufacture, delivery, sale, importation,
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| purchase, or possession or causing to be manufactured, delivered, sold, imported, purchased, or possessed a large capacity ammunition feeding device:
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|
(A) for sale or transfer to persons authorized
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| under subdivisions (1) through (7) of subsection (e) to possess those items;
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|
(B) for sale or transfer to the United States or
|
| any department or agency thereof; or
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|
(C) for sale or transfer in another state or for
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|
(2) Sale or rental of large capacity ammunition
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| feeding devices for blank-firing assault weapons and .50 caliber rifles, to persons authorized or permitted, or both authorized and permitted, to acquire these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.
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|
(g) Sentence. A person who knowingly manufactures, delivers, sells, purchases, possesses, or causes to be manufactured, delivered, sold, possessed, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns commits a petty offense with a fine of $1,000 for each violation.
(h) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 102nd General Assembly and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23.)
|
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of the following:
(1) Peace officers, and any person summoned by a |
| peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
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|
(2) Wardens, superintendents and keepers of prisons,
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| penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
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|
(3) Members of the Armed Services or Reserve Forces
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| of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
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|
(4) Special agents employed by a railroad or a public
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| utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
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|
(5) Persons licensed as private security contractors,
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| private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
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|
(6) Any person regularly employed in a commercial or
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| industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
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|
(7) Agents and investigators of the Illinois
|
| Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
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|
(8) Persons employed by a financial institution as a
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| security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
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|
(9) Any person employed by an armored car company to
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| drive an armored car, while actually engaged in the performance of his duties.
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|
(10) Persons who have been classified as peace
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| officers pursuant to the Peace Officer Fire Investigation Act.
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|
(11) Investigators of the Office of the State's
|
| Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
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|
(12) Special investigators appointed by a State's
|
| Attorney under Section 3-9005 of the Counties Code.
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|
(12.5) Probation officers while in the performance of
|
| their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.
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|
(13) Court Security Officers while in the performance
|
| of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
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|
(13.5) A person employed as an armed security guard
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| at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
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|
(14) Manufacture, transportation, or sale of weapons
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| to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
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|
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this State or under the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not
apply to or affect
any of the following:
(1) Members of any club or organization organized for
|
| the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
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|
(2) Duly authorized military or civil organizations
|
| while parading, with the special permission of the Governor.
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|
(3) Hunters, trappers, or fishermen while engaged in
|
| lawful hunting, trapping, or fishing under the provisions of the Wildlife Code or the Fish and Aquatic Life Code.
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|
(4) Transportation of weapons that are broken down in
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| a non-functioning state or are not immediately accessible.
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|
(5) Carrying or possessing any pistol, revolver, stun
|
| gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.
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|
(c) Subsection 24-1(a)(7) does not apply to or affect any of the
following:
(1) Peace officers while in performance of their
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|
(2) Wardens, superintendents and keepers of prisons,
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| penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
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|
(3) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while in the performance of their official duty.
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|
(4) Manufacture, transportation, or sale of machine
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| guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
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|
(5) Persons licensed under federal law to manufacture
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| any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
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|
During transportation, such weapons shall be broken
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| down in a non-functioning state or not immediately accessible.
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|
(6) The manufacture, transport, testing, delivery,
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| transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
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|
The exemption granted under this subdivision (c)(6)
|
| shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
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|
(7) A person possessing a rifle with a barrel or
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| barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
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|
(d) Subsection 24-1(a)(1) does not apply to the purchase, possession
or carrying of a black-jack or slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner, manager or
authorized employee of any place specified in that subsection nor to any
law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6
do not apply
to members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private,
while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:
(1) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while in the performance of their official duty.
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|
(2) Bonafide collectors of antique or surplus
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|
(3) Laboratories having a department of forensic
|
| ballistics, or specializing in the development of ammunition or explosive ordnance.
|
|
(4) Commerce, preparation, assembly or possession of
|
| explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
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|
(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed
under federal law to manufacture any device or attachment of any kind designed,
used, or intended for use in silencing the report of any firearm, firearms, or
ammunition
for those firearms equipped with those devices, and actually engaged in the
business of manufacturing those devices, firearms, or ammunition, but only with
respect to
activities that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices, firearms, or
ammunition. This
exemption does not authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities as are within
the
lawful scope of a licensed manufacturing business described in this subsection
(g-5). During transportation, these devices shall be detached from any weapon
or
not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to
or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(g-10) (Blank).
(h) An information or indictment based upon a violation of any
subsection of this Article need not negative any exemptions contained in
this Article. The defendant shall have the burden of proving such an
exemption.
(i) Nothing in this Article shall prohibit, apply to, or affect
the transportation, carrying, or possession, of any pistol or revolver,
stun gun, taser, or other firearm consigned to a common carrier operating
under license of the State of Illinois or the federal government, where
such transportation, carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and nothing in this
Article shall prohibit, apply to, or affect the transportation, carrying,
or possession of any pistol, revolver, stun gun, taser, or other firearm,
not the subject of and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the possessor of a valid
Firearm Owners Identification Card.
(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)
|
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or delivery of firearms when he
or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may be |
| concealed upon the person to any person under 18 years of age.
|
|
(b) Sells or gives any firearm to a person under 21
|
| years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.
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|
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
|
| been convicted of a felony under the laws of this or any other jurisdiction.
|
|
(e) Sells or gives any firearm to any person who has
|
| been a patient in a mental institution within the past 5 years. In this subsection (e):
|
|
"Mental institution" means any hospital,
|
| institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
|
|
"Patient in a mental institution" means the
|
| person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.
|
|
(f) Sells or gives any firearms to any person who is
|
| a person with an intellectual disability.
|
|
(g) Delivers any firearm, incidental to a sale,
|
| without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers a stun gun or taser, incidental to a sale, without withholding delivery of the stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which the firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois; (3) (blank); (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. For purposes of transfers or sales under subparagraph (5) of this paragraph (g), the Department of Natural Resources shall give notice to the Illinois State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. The notification shall be made on a form prescribed by the Illinois State Police. The sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Illinois State Police. Any changes to the list of registered competitors and attendees shall be forwarded to the Illinois State Police as soon as practicable. The Illinois State Police must destroy the list of registered competitors and attendees no later than 30 days after the date of the event. Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. For purposes of this paragraph (g), "national governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
|
|
(h) While holding any license as a dealer, importer,
|
| manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.
|
|
(i) Sells or gives a firearm of any size to any
|
| person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.
|
|
(j) Sells or gives a firearm while engaged in the
|
| business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):
|
|
A person "engaged in the business" means a person who
|
| devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
|
|
"With the principal objective of livelihood and
|
| profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
|
|
(k) Sells or transfers ownership of a firearm to a
|
| person who does not display to the seller or transferor of the firearm either: (1) a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Illinois State Police under the provisions of the Firearm Owners Identification Card Act; or (2) a currently valid license to carry a concealed firearm that has previously been issued in the transferee's name by the Illinois State Police under the Firearm Concealed Carry Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card or license to carry a concealed firearm means receipt of an approval number issued in accordance with subsection (a-10) of Section 3 or Section 3.1 of the Firearm Owners Identification Card Act.
|
|
(1) In addition to the other requirements of this
|
| paragraph (k), all persons who are not federally licensed firearms dealers must also have complied with subsection (a-10) of Section 3 of the Firearm Owners Identification Card Act by determining the validity of a purchaser's Firearm Owner's Identification Card.
|
|
(2) All sellers or transferors who have complied
|
| with the requirements of subparagraph (1) of this paragraph (k) shall not be liable for damages in any civil action arising from the use or misuse by the transferee of the firearm transferred, except for willful or wanton misconduct on the part of the seller or transferor.
|
|
(l) Not being entitled to the possession of a
|
| firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
|
|
(B) Paragraph (h) of subsection (A) does not include firearms sold within 6
months after enactment of Public
Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any
firearm legally owned or
possessed by any citizen or purchased by any citizen within 6 months after the
enactment of Public Act 78-355 subject
to confiscation or seizure under the provisions of that Public Act. Nothing in
Public Act 78-355 shall be construed to prohibit the gift or trade of
any firearm if that firearm was legally held or acquired within 6 months after
the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.
|
|
(2) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.
|
|
(3) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.
|
|
(4) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.
|
|
(5) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.
|
|
(6) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
|
|
(7) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony, except that a violation of subparagraph (1) of paragraph (k) of subsection (A) shall not be punishable as a crime or petty offense. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.
|
|
(8) A person 18 years of age or older convicted of
|
| unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.
|
|
(9) Any person convicted of unlawful sale or
|
| delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.
|
|
(10) Any person convicted of unlawful sale or
|
| delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 2 felony if the delivery is of one firearm. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 1 felony if the delivery is of not less than 2 and not more than 5 firearms at the same time or within a one-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years if the delivery is of not less than 6 and not more than 10 firearms at the same time or within a 2-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years if the delivery is of not less than 11 and not more than 20 firearms at the same time or within a 3-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years if the delivery is of not less than 21 and not more than 30 firearms at the same time or within a 4-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years if the delivery is of 31 or more firearms at the same time or within a 5-year period.
|
|
(D) For purposes of this Section:
"School" means a public or private elementary or secondary school,
community college, college, or university.
"School related activity" means any sporting, social, academic, or
other activity for which students' attendance or participation is sponsored,
organized, or funded in whole or in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(720 ILCS 5/24-5.1) Sec. 24-5.1. Serialization of unfinished frames or receivers; prohibition on unserialized firearms; exceptions; penalties. (a) In this Section: "Bona fide supplier" means an established business entity engaged in the development and sale of firearms parts to one or more federal firearms manufacturers or federal firearms importers. "Federal firearms dealer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(11). "Federal firearms importer" means a licensed importer pursuant to 18 U.S.C. 921(a)(9). "Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(10). "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. "Security exemplar" means an object to be fabricated at the direction of the United States Attorney General that is (1) constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun and (2) suitable for testing and calibrating metal detectors. "Three-dimensional printer" means a computer or computer-drive machine capable of producing a three-dimensional object from a digital model. "Undetectable firearm" means (1) a firearm constructed entirely of non-metal substances; (2) a firearm that, after removal of all parts but the major components of the firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar; or (3) a firearm that includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. "Undetectable firearm" does not include a firearm subject to the provisions of 18 U.S.C. 922(p)(3) through (6). "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that: (1) has reached a stage in manufacture where it may |
| readily be completed, assembled, or converted to be a functional firearm; or
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(2) is marketed or sold to the public to become or be
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| used as the frame or receiver of a functional firearm once completed, assembled, or converted.
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"Unserialized" means lacking a serial number imprinted by:
(1) a federal firearms manufacturer, federal firearms
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| importer, federal firearms dealer, or other federal licensee authorized to provide marking services, pursuant to a requirement under federal law; or
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(2) a federal firearms dealer or other federal
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| licensee authorized to provide marking services pursuant to subsection (f) of this Section.
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(b) It is unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
(c) Beginning 180 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless:
(1) the party possessing or receiving the unfinished
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| frame or receiver is a federal firearms importer or federal firearms manufacturer;
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(2) the unfinished frame or receiver is possessed or
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| transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or
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(3) the unfinished frame or receiver has been
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| imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with subsection (f) of this Section.
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(d) Beginning 180 days after the effective date of this amendatory Act of the 102nd General Assembly, unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it is unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process under subsection (f) of this Section.
(e) Any firearm or unfinished frame or receiver manufactured using a three-dimensional printer must also be serialized in accordance with the requirements of subsection (f) within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, or prior to reaching a stage of manufacture where it may be readily completed, assembled, or converted to be a functional firearm.
(f) Unserialized unfinished frames or receivers and unserialized firearms serialized pursuant to this Section shall be serialized in compliance with all of the following:
(1) An unserialized unfinished frame or receiver and
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| unserialized firearm shall be serialized by a federally licensed firearms dealer or other federal licensee authorized to provide marking services with the licensee's abbreviated federal firearms license number as a prefix (which is the first 3 and last 5 digits) followed by a hyphen, and then followed by a number as a suffix, such as 12345678-(number). The serial number or numbers must be placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms, including the requirements that the serial number or numbers be at the minimum size and depth, and not susceptible to being readily obliterated, altered, or removed, and the licensee must retain records that accord with the requirements under federal law in the case of the sale of a firearm. The imprinting of any serial number upon a undetectable firearm must be done on a steel plaque in compliance with 18 U.S.C. 922(p).
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(2) Every federally licensed firearms dealer or other
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| federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall maintain a record of such indefinitely. Licensees subject to the Firearm Dealer License Certification Act shall make all records accessible for inspection upon the request of the Illinois State Police or a law enforcement agency in accordance with Section 5-35 of the Firearm Dealer License Certification Act.
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(3) Every federally licensed firearms dealer or other
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| federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall record it at the time of every transaction involving the transfer of a firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that has been so marked in compliance with the federal guidelines set forth in 27 CFR 478.124.
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(4) Every federally licensed firearms dealer or other
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| federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall review and confirm the validity of the owner's Firearm Owner's Identification Card issued under the Firearm Owners Identification Card Act prior to returning the firearm to the owner.
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(g) Within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, the Director of the Illinois State Police shall issue a public notice regarding the provisions of this Section. The notice shall include posting on the Illinois State Police website and may include written notification or any other means of communication statewide to all Illinois-based federal firearms manufacturers, federal firearms dealers, or other federal licensees authorized to provide marking services in compliance with the serialization process in subsection (f) in order to educate the public.
(h) Exceptions. This Section does not apply to an unserialized unfinished frame or receiver or an unserialized firearm that:
(1) has been rendered permanently inoperable;
(2) is an antique firearm, as defined in 18 U.S.C.
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(3) was manufactured prior to October 22, 1968;
(4) is an unfinished frame or receiver and is
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| possessed by a bona fide supplier exclusively for transfer to a federal firearms manufacturer or federal firearms importer, or is possessed by a federal firearms manufacturer or federal firearms importer in compliance with all federal laws and regulations regulating the manufacture and import of firearms; except this exemption does not apply if an unfinished frame or receiver is possessed for transfer or is transferred to a person other than a federal firearms manufacturer or federal firearms importer; or
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(5) is possessed by a person who received the
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| unserialized unfinished frame or receiver or unserialized firearm through inheritance, and is not otherwise prohibited from possessing the unserialized unfinished frame or receiver or unserialized firearm, for a period not exceeding 30 days after inheriting the unserialized unfinished frame or receiver or unserialized firearm.
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(i) Penalties.
(1) A person who violates subsection (c) or (d) is
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| guilty of a Class A misdemeanor for a first violation and is guilty of a Class 3 felony for a second or subsequent violation.
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(2) A person who violates subsection (b) is guilty of
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| a Class 4 felony for a first violation and is guilty of a Class 2 felony for a second or subsequent violation.
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(Source: P.A. 102-889, eff. 5-18-22.)
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(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to |
| alarm or disturb another and to provoke a breach of the peace;
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(2) Transmits or causes to be transmitted in any
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| manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
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(3) Transmits or causes to be transmitted in any
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| manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
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(3.5) Transmits or causes to be transmitted in any
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| manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
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(4) Transmits or causes to be transmitted in any
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| manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
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(5) Transmits or causes to be transmitted in any
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| manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public;
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(6) Calls or texts the number "911" or transmits or
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| causes to be transmitted in any manner to a public safety agency or public safety answering point for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call, text, or transmission is made, the person knows there is no reasonable ground for making the call, text, or transmission and further knows that the call, text, or transmission could result in the emergency response of any public safety agency;
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(7) Transmits or causes to be transmitted in any
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| manner a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act;
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(8) Transmits or causes to be transmitted in any
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| manner a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
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(9) Transmits or causes to be transmitted in any
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| manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
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(10) Transmits or causes to be transmitted in any
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| manner a false report under Article II of Public Act 83-1432;
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(11) Enters upon the property of another and for a
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| lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
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(12) While acting as a collection agency as defined
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| in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
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(b) Sentence. A violation of subsection (a)(1) of this Section
is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection
(a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4
felony. A
violation of subsection (a)(3) of this Section is a Class 3 felony, for which
a fine of not less than $3,000 and no more than $10,000 shall be assessed in
addition to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a Business Offense and
shall be punished by a fine not to exceed $3,000. A second or subsequent
violation of subsection (a)(7) or (a)(5) of this Section is a Class
4 felony. A third or subsequent violation of subsection (a)(11) of this Section
is a Class 4 felony.
(c) In addition to any other sentence that may be imposed, a court shall
order any person convicted of disorderly conduct to perform community service
for not less than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition, whenever any person
is placed on supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of
incarceration.
(d) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school that requires an emergency response to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the response. If the court determines that the person convicted of disorderly conduct that requires an emergency response to a school is indigent, the provisions of this subsection (d) do not apply.
(e) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply.
(f) For the purposes of this Section, "emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 103-366, eff. 1-1-24 .)
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(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for |
| money or other thing of value, unless excepted in subsection (b) of this Section;
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(2) knowingly makes a wager upon the result of any
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| game, contest, or any political nomination, appointment or election;
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(3) knowingly operates, keeps, owns, uses, purchases,
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| exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
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(4) contracts to have or give himself or herself or
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| another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
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(5) knowingly owns or possesses any book, instrument
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| or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
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(6) knowingly sells pools upon the result of any game
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| or contest of skill or chance, political nomination, appointment or election;
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(7) knowingly sets up or promotes any lottery or
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| sells, offers to sell or transfers any ticket or share for any lottery;
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(8) knowingly sets up or promotes any policy game or
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| sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
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(9) knowingly drafts, prints or publishes any lottery
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| ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
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(10) knowingly advertises any lottery or policy game,
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| except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
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(11) knowingly transmits information as to wagers,
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| betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
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(12) knowingly establishes, maintains, or operates an
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| Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
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(b) Participants in any of the following activities shall not be
convicted of gambling:
(1) Agreements to compensate for loss caused by the
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| happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
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(2) Offers of prizes, award or compensation to the
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| actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
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(3) Pari-mutuel betting as authorized by the law of
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(4) Manufacture of gambling devices, including the
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| acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
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(5) The game commonly known as "bingo", when
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| conducted in accordance with the Bingo License and Tax Act.
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(6) Lotteries when conducted by the State of Illinois
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| in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
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(6.1) The purchase of lottery tickets through the
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| Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
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(7) Possession of an antique slot machine that is
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| neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
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(8) Raffles and poker runs when conducted in
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| accordance with the Raffles and Poker Runs Act.
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(8.1) The purchase of raffle chances for a raffle
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| conducted in accordance with the Raffles and Poker Runs Act.
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(9) Charitable games when conducted in accordance
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| with the Charitable Games Act.
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(10) Pull tabs and jar games when conducted under the
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| Illinois Pull Tabs and Jar Games Act.
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(11) Gambling games when authorized by the Illinois
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(12) Video gaming terminal games at a licensed
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| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
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(13) Games of skill or chance where money or other
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| things of value can be won but no payment or purchase is required to participate.
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(14) Savings promotion raffles authorized under
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| Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
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(15) Sports wagering when conducted in accordance
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| with the Sports Wagering Act.
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(c) Sentence.
Gambling is a
Class A misdemeanor. A second or
subsequent conviction under subsections (a)(3) through (a)(12),
is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under
this
Section circumstantial evidence shall have the same validity and weight as
in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
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(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or
other machines or device for the reception of money or other thing of value
on chance or skill or upon the action of which money or other thing of
value is staked, hazarded, bet, won, or lost; or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use in a gambling
place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device |
| played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
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(2) Vending machines by which full and adequate
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| return is made for the money invested and in which there is no element of chance or hazard.
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(3) A crane game. For the purposes of this paragraph
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| (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties, and prizes other than currency, each having a wholesale value which is not more than $25.
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(4) A redemption machine. For the purposes of this
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| paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
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(A) The outcome of the game is predominantly
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| determined by the skill of the player.
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(B) The award of the prize is based solely upon
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| the player's achieving the object of the game or otherwise upon the player's score.
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(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu
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| of tickets or tokens for single play of the device does not exceed $25.
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(E) The redemption value of tickets, tokens, and
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| other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
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(5) Video gaming terminals at a licensed
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| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
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(a-5) "Internet" means an interactive computer service or system or an
information service, system, or access software provider that provides or
enables computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as the
Internet, or any comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or other online
service.
(a-6) "Access" has the meaning ascribed to the term in Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.
(b) A "lottery" is any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prizes, whether such scheme or
procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a person promises
or guarantees by any instrument, bill, certificate, writing, token, or other
device that any particular number, character, ticket, or certificate shall
in the event of any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering. (a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a |
| financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct the financial transaction which in fact involves criminally derived property:
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(A) with the intent to promote the carrying on
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| of the unlawful activity from which the criminally derived property was obtained; or
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(B) where he or she knows or reasonably should
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| know that the financial transaction is designed in whole or in part:
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(i) to conceal or disguise the nature, the
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| location, the source, the ownership or the control of the criminally derived property; or
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(ii) to avoid a transaction reporting
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| requirement under State law; or
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(1.5) when he or she transports, transmits, or
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| transfers, or attempts to transport, transmit, or transfer a monetary instrument:
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(A) with the intent to promote the carrying on of
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| the unlawful activity from which the criminally derived property was obtained; or
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(B) knowing, or having reason to know, that the
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| financial transaction is designed in whole or in part:
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(i) to conceal or disguise the nature, the
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| location, the source, the ownership or the control of the criminally derived property; or
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(ii) to avoid a transaction reporting
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| requirement under State law; or
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(2) when, with the intent to:
(A) promote the carrying on of a specified
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| criminal activity as defined in this Article; or
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(B) conceal or disguise the nature, location,
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| source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined in this Article; or
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(C) avoid a transaction reporting requirement
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he or she conducts or attempts to conduct a financial
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| transaction involving property he or she believes to be the proceeds of specified criminal activity or property used to conduct or facilitate specified criminal activity as defined in this Article.
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(b) (Blank).
(c) Sentence.
(1) Laundering of criminally derived property of a
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| value not exceeding $10,000 is a Class 3 felony;
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(2) Laundering of criminally derived property of a
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| value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;
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(3) Laundering of criminally derived property of a
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| value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;
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(4) Money laundering in violation of subsection
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| (a)(2) of this Section is a Class X felony;
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(5) Laundering of criminally derived property of a
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| value exceeding $500,000 is a Class 1 non-probationable felony;
|
|
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
|
| this Section, the sentences are as follows:
|
|
(A) Laundering of property of a value not
|
| exceeding $10,000 is a Class 3 felony;
|
|
(B) Laundering of property of a value exceeding
|
| $10,000 but not exceeding $100,000 is a Class 2 felony;
|
|
(C) Laundering of property of a value exceeding
|
| $100,000 but not exceeding $500,000 is a Class 1 felony;
|
|
(D) Laundering of property of a value exceeding
|
| $500,000 is a Class 1 non-probationable felony.
|
|
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)
|
(720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim under paragraph (3) of Section 29B-12 of this Article, the following judicial in rem procedures shall apply: (1) If, after a review of the facts surrounding the |
| seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then, within 28 days of the receipt of notice of seizure by the seizing agency or the filing of the claim, whichever is later, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture. If authorized by law, a forfeiture shall be ordered by a court on an action in rem brought by a State's Attorney under a verified complaint for forfeiture.
|
|
(2) A complaint of forfeiture shall include:
(A) a description of the property seized;
(B) the date and place of seizure of the
|
|
(C) the name and address of the law enforcement
|
| agency making the seizure; and
|
|
(D) the specific statutory and factual grounds
|
|
(3) The complaint shall be served upon the person
|
| from whom the property was seized and all persons known or reasonably believed by the State to claim an interest in the property, as provided in Section 29B-10 of this Article. The complaint shall be accompanied by the following written notice:
|
|
"This is a civil court proceeding subject to the Code
|
| of Civil Procedure. You received this Complaint of Forfeiture because the State's Attorney's office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back."
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|
(4) Forfeiture proceedings under this Article shall
|
| be subject to the Code of Civil Procedure and the rules of evidence relating to civil actions shall apply to proceedings under this Article with the following exception. The parties shall be allowed to use, and the court shall receive and consider, all relevant hearsay evidence that relates to evidentiary foundation, chain of custody, business records, recordings, laboratory analysis, laboratory reports, and relevant hearsay related to the use of technology in the investigation that resulted in the seizure of property that is subject to the forfeiture action.
|
|
(5) Only an owner of or interest holder in the
|
| property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. Upon motion of the State, the court shall first hold a hearing, in which a claimant shall establish by a preponderance of the evidence, that he or she has a lawful, legitimate ownership interest in the property and that it was obtained through a lawful source.
|
|
(6) The answer must be signed by the owner or
|
| interest holder under penalty of perjury and shall set forth:
|
|
(A) the caption of the proceedings as set forth
|
| on the notice of pending forfeiture and the name of the claimant;
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|
(B) the address at which the claimant will accept
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|
(C) the nature and extent of the claimant's
|
| interest in the property;
|
|
(D) the date, identity of transferor, and
|
| circumstances of the claimant's acquisition of the interest in the property;
|
|
(E) the names and addresses of all other persons
|
| known to have an interest in the property;
|
|
(F) all essential facts supporting each
|
|
(G) the precise relief sought; and
(H) in a forfeiture action involving currency or
|
| its equivalent, a claimant shall provide the State with notice of his or her intent to allege that the currency or its equivalent is not related to the alleged factual basis for the forfeiture, and why.
|
|
The answer shall follow the rules under the Code of
|
|
(7) The answer shall be filed with the court within
|
| 45 days after service of the civil in rem complaint.
|
|
(8) The hearing shall be held within 60 days after
|
| filing of the answer unless continued for good cause.
|
|
(9) At the judicial in rem proceeding, in the State's
|
| case in chief, the State shall show by a preponderance of the evidence that the property is subject to forfeiture. If the State makes such a showing, the claimant shall have the burden of production to set forth evidence that the property is not related to the alleged factual basis of the forfeiture. After this production of evidence, the State shall maintain the burden of proof to overcome this assertion. A claimant shall provide the State notice of its intent to allege that the currency or its equivalent is not related to the alleged factual basis of the forfeiture and why. As to conveyances, at the judicial in rem proceeding, in its case in chief, the State shall show by a preponderance of the evidence:
|
|
(A) that the property is subject to forfeiture;
|
|
(B) at least one of the following:
(i) that the claimant was legally accountable
|
| for the conduct giving rise to the forfeiture;
|
|
(ii) that the claimant knew or reasonably
|
| should have known of the conduct giving rise to the forfeiture;
|
|
(iii) that the claimant knew or reasonably
|
| should have known that the conduct giving rise to the forfeiture was likely to occur;
|
|
(iv) that the claimant held the property for
|
| the benefit of, or as nominee for, any person whose conduct gave rise to its forfeiture;
|
|
(v) that if the claimant acquired the
|
| interest through any person engaging in any of the conduct described above or conduct giving rise to the forfeiture:
|
|
(a) the claimant did not acquire it as a
|
| bona fide purchaser for value; or
|
|
(b) the claimant acquired the interest
|
| under the circumstances that the claimant reasonably should have known the property was derived from, or used in, the conduct giving rise to the forfeiture; or
|
|
(vi) that the claimant is not the true owner
|
| of the property that is subject to forfeiture.
|
|
(10) If the State does not meet its burden to show
|
| that the property is subject to forfeiture, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does meet its burden to show that the property is subject to forfeiture, the court shall order all property forfeited to the State.
|
|
(11) A defendant convicted in any criminal proceeding
|
| is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.
|
|
(12) On a motion by the parties, the court may stay
|
| civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a money laundering violation. Such a stay shall not be available pending an appeal. Property subject to forfeiture under this Article shall not be subject to return or release by a court exercising jurisdiction over a criminal case involving the seizure of the property unless the return or release is consented to by the State's Attorney.
|
|
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
(720 ILCS 5/29D-10)
Sec. 29D-10. Definitions. As used in this Article, where not
otherwise distinctly expressed or manifestly incompatible with the intent of
this Article:
(a) "Computer network" means a set of related, remotely connected
devices
and
any communications facilities including more than one computer with the
capability to transmit data among them through communication facilities.
(b) "Computer" means a device that accepts, processes, stores,
retrieves,
or
outputs data, and includes, but is not limited to, auxiliary storage and
telecommunications devices.
(c) "Computer program" means a series of coded instruction or statements
in a
form acceptable to a computer which causes the computer to process data and
supply the results of data processing.
(d) "Data" means representations of information, knowledge, facts,
concepts or
instructions, including program documentation, that are prepared in a
formalized manner and are stored or processed in or transmitted by a computer.
Data may be in any form, including but not limited to magnetic or optical
storage
media, punch cards, or data stored internally in the memory of a computer.
(e) "Biological products used in or in connection with agricultural
production" includes, but is not
limited
to,
seeds, plants, and DNA of plants or animals altered for use in crop or
livestock breeding or production or which are sold, intended, designed, or
produced for use
in crop production or livestock breeding or production.
(f) "Agricultural products" means crops and livestock.
(g) "Agricultural production" means the breeding and growing of
livestock
and
crops. (g-5) "Animal feed" means an article
that is intended for use for food for animals other than humans
and that is intended for use as a substantial source of nutrients
in the diet of the animal, and is not limited to a mixture intended to
be the sole ration of the animal. (g-10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act. (g-15) "Processed food" means any food other than a raw agricultural
commodity and includes any raw agricultural commodity that
has been subject to processing, such as canning, cooking, freezing,
dehydration, or milling. (g-20) "Raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored, or otherwise
treated in their unpeeled natural form prior to marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
(g-25) "Endangering the food supply" means to knowingly: (1) bring into this State any domestic animal that |
| is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease;
|
|
(2) expose any animal in this State to any contagious
|
|
(3) deliver any poultry that is infected with any
|
| contagious or infectious disease to any poultry producer pursuant to a production contract;
|
|
(4) except as permitted under the Insect Pest and
|
| Plant Disease Act, bring or release into this State any insect pest or expose any plant to an insect pest; or
|
|
(5) expose any raw agricultural commodity, animal
|
| feed, or processed food to any contaminant or contagious or infectious disease.
|
|
"Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
(g-30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir
or any water supply of a public utility that may occur inadvertently
as part of the operation of a public utility or electrical generating station.
(h) "Livestock" means animals bred or raised for human consumption.
(i) "Crops" means plants raised for: (1) human consumption, (2) fruits
that
are intended for human consumption, (3) consumption by livestock, and (4)
fruits that are intended for consumption by livestock.
(j) "Communications systems" means any works, property, or material of
any radio, telegraph, telephone, microwave, or cable line, station, or system.
(k) "Substantial damage" means monetary damage greater than $100,000.
(l) "Terrorist act" or "act of terrorism" means: (1) any act that
is intended to cause or create a risk and does cause or create a risk of death
or great bodily harm to one or more persons;
(2) any act that disables or destroys the
usefulness or operation of any communications system; (3) any act or any series
of 2 or more acts committed in furtherance of a single intention, scheme, or
design that disables or destroys the usefulness or operation of
a computer network, computers, computer programs, or data used by any
industry, by any class of business, or by 5 or more businesses or by the
federal government, State government, any unit of local government, a public
utility, a manufacturer of pharmaceuticals, a national defense contractor, or
a manufacturer of chemical or biological products used in or in connection
with agricultural production; (4) any act that disables or causes substantial
damage to or
destruction of any structure or facility used in or used in connection with
ground, air, or water transportation; the production or distribution of
electricity, gas, oil, or other fuel (except for acts that occur inadvertently and as the result of
operation of the facility that produces or distributes electricity,
gas, oil, or other fuel); the treatment of sewage or the treatment
or distribution of water; or controlling the flow of any body of water; (5) any
act that causes substantial damage to or destruction of livestock or to crops
or a series of 2 or more acts committed in furtherance of a single intention,
scheme, or design which, in the aggregate, causes substantial damage to or
destruction of livestock or crops; (6) any act that causes substantial
damage to or destruction of any hospital or any building or facility used by
the federal government, State government, any unit of local government or
by a national defense contractor or by a public utility, a manufacturer of
pharmaceuticals, a manufacturer of chemical or biological products used in or
in connection with agricultural production or the storage or processing of
agricultural products or the preparation of agricultural products for food or
food products intended for resale or for feed for livestock; (7) any act
that causes substantial damage to any building containing 5 or more
businesses of any type or to any building in which 10 or more people reside; (8) endangering the food supply; or (9) endangering the water supply.
(m) "Terrorist" and "terrorist organization" means any person who
engages or is about to engage in a terrorist act with the intent to intimidate
or coerce a significant portion of a civilian population.
(n) "Material support or resources" means currency or other financial
securities, financial services, lodging, training, safe houses, false
documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, any other kind of
physical assets or intangible property, and expert services or expert
assistance.
(o) "Person" has the meaning given in Section 2-15 of this Code
and, in addition to that meaning, includes, without limitation, any charitable
organization, whether incorporated or unincorporated, any professional fund
raiser, professional solicitor, limited liability company, association, joint
stock company, association, trust, trustee, or any group of people formally or
informally affiliated or associated for a common purpose, and any officer,
director, partner, member, or agent of any person.
(p) "Render criminal assistance" means to do any of the following with
the intent to prevent, hinder, or delay the discovery or apprehension of, or
the lodging of a criminal charge against, a person who he or she knows or
believes has committed an offense under this Article or is being sought by law
enforcement officials for the commission of an offense under this Article, or
with the intent to assist a person in profiting or benefiting from the
commission of an offense under this Article:
(1) harbor or conceal the person;
(2) warn the person of impending discovery or
|
|
(3) provide the person with money, transportation, a
|
| weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension;
|
|
(4) prevent or obstruct, by means of force,
|
| intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;
|
|
(5) suppress, by any act of concealment, alteration,
|
| or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;
|
|
(6) aid the person to protect or expeditiously profit
|
| from an advantage derived from the crime; or
|
|
(7) provide expert services or expert assistance to
|
| the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency.
|
|
(Source: P.A. 96-1028, eff. 1-1-11.)
|
(720 ILCS 5/31A-0.1) Sec. 31A-0.1. Definitions. For the purposes of this Article: "Deliver" or "delivery" means the actual, constructive or attempted
transfer of possession of an item of contraband, with or without consideration,
whether or not there is an agency relationship. "Employee" means any elected or appointed 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. "Item of contraband" means any of the following: (i) "Alcoholic liquor" as that term is defined in |
| Section 1-3.05 of the Liquor Control Act of 1934.
|
|
(ii) "Cannabis" as that term is defined in subsection
|
| (a) of Section 3 of the Cannabis Control Act.
|
|
(iii) "Controlled substance" as that term is defined
|
| in the Illinois Controlled Substances Act.
|
|
(iii-a) "Methamphetamine" as that term is defined in
|
| the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
|
|
(iv) "Hypodermic syringe" or hypodermic needle, or
|
| any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
|
|
(v) "Weapon" means any knife, dagger, dirk, billy,
|
| razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. This term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of this Code, or any other dangerous weapon or instrument of like character.
|
|
(vi) "Firearm" means any device, by whatever 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:
|
|
(A) any pneumatic gun, spring gun, or B-B gun
|
| which expels a single globular projectile not exceeding .18 inch in diameter; or
|
|
(B) any device used exclusively for signaling or
|
| safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
|
|
(C) any device used exclusively for the firing of
|
| stud cartridges, explosive rivets or industrial ammunition; or
|
|
(D) any device which is powered by 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 or her incapable of normal functioning, commonly referred to as a stun gun or taser.
|
|
(vii) "Firearm ammunition" means any 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:
|
|
(A) any ammunition exclusively designed for 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
|
|
(B) any ammunition designed exclusively for use
|
| with a stud or rivet driver or other similar industrial ammunition.
|
|
(viii) "Explosive" means, but is not limited to,
|
| 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.
|
|
(ix) "Tool to defeat security mechanisms" means, but
|
| is not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
|
|
(x) "Cutting tool" means, but is not limited to,
|
| hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
|
|
(xi) "Electronic contraband" for the purposes of
|
| Section 31A-1.1 of this Article means, but is not 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. "Electronic contraband" for the purposes of Section 31A-1.2 of this Article, means, but is not 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.
|
|
"Penal institution" means any 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 awaiting trial or sentence
for offenses, under arrest for an offense, a violation of probation, a
violation of parole, a violation of aftercare release, or a violation of mandatory supervised release, or
awaiting a hearing on the setting of conditions of pretrial release or preliminary hearing; provided that where
the place for incarceration or custody is housed within another public
building this Article shall not apply to that part of the building unrelated
to the incarceration or custody of persons.
(Source: P.A. 101-652, eff. 1-1-23 .)
|
(720 ILCS 5/33G-3) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-3. Definitions. As used in this Article: (a) "Another state" means any State of the United States (other than the State of Illinois), or the District of Columbia, or the Commonwealth of Puerto Rico, or any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof. (b) "Enterprise" includes: (1) any partnership, corporation, association, |
| business or charitable trust, or other legal entity; and
|
|
(2) any group of individuals or other legal entities,
|
| or any combination thereof, associated in fact although not itself a legal entity. An association in fact must be held together by a common purpose of engaging in a course of conduct, and it may be associated together for purposes that are both legal and illegal. An association in fact must:
|
|
(A) have an ongoing organization or structure,
|
| either formal or informal;
|
|
(B) the various members of the group must
|
| function as a continuing unit, even if the group changes membership by gaining or losing members over time; and
|
|
(C) have an ascertainable structure distinct from
|
| that inherent in the conduct of a pattern of predicate activity.
|
|
As used in this Article, "enterprise" includes licit and illicit enterprises.
(c) "Labor organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor that is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
(d) "Operation or management" means directing or carrying out the enterprise's affairs and is limited to any person who knowingly serves as a leader, organizer, operator, manager, director, supervisor, financier, advisor, recruiter, supplier, or enforcer of an enterprise in violation of this Article.
(e) "Predicate activity" means any act that is a Class 2 felony or higher and constitutes a violation or violations of any of the following provisions of the laws of the State of Illinois (as amended or revised as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois) or any act under the law of another jurisdiction for an offense that could be charged as a Class 2 felony or higher in this State:
(1) under the Criminal Code of 1961 or the Criminal
|
| Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 (first degree murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 (aggravated unlawful restraint), 10-4 (forcible detention), 10-5(b)(10) (child abduction), 10-9 (trafficking in persons, involuntary servitude, and related offenses), 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.40 (predatory criminal sexual assault of a child), 11-1.60 (aggravated criminal sexual abuse), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution; patronizing a juvenile prostitute), 12-3.05 (aggravated battery), 12-6.4 (criminal street gang recruitment), 12-6.5 (compelling organization membership of persons), 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1 (robbery; aggravated robbery), 18-2 (armed robbery), 18-3 (vehicular hijacking), 18-4 (aggravated vehicular hijacking), 18-5 (aggravated robbery), 19-1 (burglary), 19-3 (residential burglary), 20-1 (arson; residential arson; place of worship arson), 20-1.1 (aggravated arson), 20-1.2 (residential arson), 20-1.3 (place of worship arson), 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 (aggravated discharge of a machine gun or silencer equipped firearm), 24-1.8 (unlawful possession of a firearm by a street gang member), 24-3.2 (unlawful discharge of firearm projectiles), 24-3.9 (aggravated possession of a stolen firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 (soliciting support for terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2 (possession of a deadly substance), 29D-20 (making a terrorist threat), 29D-25 (falsely making a terrorist threat), 29D-29.9 (material support for terrorism), 29D-35 (hindering prosecution of terrorism), 31A-1.2 (unauthorized contraband in a penal institution), or 33A-3 (armed violence);
|
|
(2) under the Cannabis Control Act: Sections 5
|
| (manufacture or delivery of cannabis), 5.1 (cannabis trafficking), or 8 (production or possession of cannabis plants), provided the offense either involves more than 500 grams of any substance containing cannabis or involves more than 50 cannabis sativa plants;
|
|
(3) under the Illinois Controlled Substances Act:
|
| Sections 401 (manufacture or delivery of a controlled substance), 401.1 (controlled substance trafficking), 405 (calculated criminal drug conspiracy), or 405.2 (street gang criminal drug conspiracy); or
|
|
(4) under the Methamphetamine Control and Community
|
| Protection Act: Sections 15 (methamphetamine manufacturing), or 55 (methamphetamine delivery).
|
|
(f) "Pattern of predicate activity" means:
(1) at least 3 occurrences of predicate activity that
|
| are in some way related to each other and that have continuity between them, and that are separate acts. Acts are related to each other if they are not isolated events, including if they have similar purposes, or results, or participants, or victims, or are committed a similar way, or have other similar distinguishing characteristics, or are part of the affairs of the same enterprise. There is continuity between acts if they are ongoing over a substantial period, or if they are part of the regular way some entity does business or conducts its affairs; and
|
|
(2) which occurs after the effective date of this
|
| Article, and the last of which falls within 3 years (excluding any period of imprisonment) after the first occurrence of predicate activity.
|
|
(g) "Unlawful death" includes the following offenses: under the Code of 1961 or the Criminal Code of 2012: Sections 9-1 (first degree murder) or 9-2 (second degree murder).
(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .)
|