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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/Tit. I

 
    (720 ILCS 5/Tit. I heading)
TITLE I. GENERAL PROVISIONS

720 ILCS 5/Art. 1

 
    (720 ILCS 5/Art. 1 heading)
ARTICLE 1. TITLE AND CONSTRUCTION OF ACT;
STATE JURISDICTION

720 ILCS 5/1-1

    (720 ILCS 5/1-1) (from Ch. 38, par. 1-1)
    Sec. 1-1. Short title. This Act may be cited as the Criminal Code of 2012.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/1-2

    (720 ILCS 5/1-2) (from Ch. 38, par. 1-2)
    Sec. 1-2. General purposes. The provisions of this Code shall be construed in accordance with the general purposes hereof, to:
    (a) Forbid and prevent the commission of offenses;
    (b) Define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault;
    (c) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders;
    (d) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/1-3

    (720 ILCS 5/1-3) (from Ch. 38, par. 1-3)
    Sec. 1-3. Applicability of common law. No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or civil judgment.
(Source: P.A. 79-1360.)

720 ILCS 5/1-4

    (720 ILCS 5/1-4) (from Ch. 38, par. 1-4)
    Sec. 1-4. Civil remedies preserved.
    This Code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, for any conduct which this Code makes punishable; and the civil injury is not merged in the offense.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/1-5

    (720 ILCS 5/1-5) (from Ch. 38, par. 1-5)
    Sec. 1-5. State criminal jurisdiction.
    (a) A person is subject to prosecution in this State for an offense which he commits, while either within or outside the State, by his own conduct or that of another for which he is legally accountable, if:
        (1) the offense is committed either wholly or partly
    
within the State; or
        (2) the conduct outside the State constitutes an
    
attempt to commit an offense within the State; or
        (3) the conduct outside the State constitutes a
    
conspiracy to commit an offense within the State, and an act in furtherance of the conspiracy occurs in the State; or
        (4) the conduct within the State constitutes an
    
attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this State and such other jurisdiction.
    (b) An offense is committed partly within this State, if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State. In a prosecution pursuant to paragraph (3) of subsection (a) of Section 9-1, the attempt or commission of a forcible felony other than second degree murder within this State is conduct which is an element of the offense for which a person is subject to prosecution in this State. In homicide, the "result" is either the physical contact which causes death, or the death itself; and if the body of a homicide victim is found within the State, the death is presumed to have occurred within the State.
    (c) An offense which is based on an omission to perform a duty imposed by the law of this State is committed within the State, regardless of the location of the offender at the time of the omission.
(Source: P.A. 91-357, eff. 7-29-99.)

720 ILCS 5/1-6

    (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
    Sec. 1-6. Place of trial.
    (a) Generally.
    Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law. The State is not required to prove during trial that the alleged offense occurred in any particular county in this State. When a defendant contests the place of trial under this Section, all proceedings regarding this issue shall be conducted under Section 114-1 of the Code of Criminal Procedure of 1963. All objections of improper place of trial are waived by a defendant unless made before trial.
    (b) Assailant and Victim in Different Counties.
    If a person committing an offense upon the person of another is located in one county and his victim is located in another county at the time of the commission of the offense, trial may be had in either of said counties.
    (c) Death and Cause of Death in Different Places or Undetermined.
    If cause of death is inflicted in one county and death ensues in another county, the offender may be tried in either county. If neither the county in which the cause of death was inflicted nor the county in which death ensued are known before trial, the offender may be tried in the county where the body was found.
    (d) Offense Commenced Outside the State.
    If the commission of an offense commenced outside the State is consummated within this State, the offender shall be tried in the county where the offense is consummated.
    (e) Offenses Committed in Bordering Navigable Waters.
    If an offense is committed on any of the navigable waters bordering on this State, the offender may be tried in any county adjacent to such navigable water.
    (f) Offenses Committed while in Transit.
    If an offense is committed upon any railroad car, vehicle, watercraft or aircraft passing within this State, and it cannot readily be determined in which county the offense was committed, the offender may be tried in any county through which such railroad car, vehicle, watercraft or aircraft has passed.
    (g) Theft.
    A person who commits theft of property may be tried in any county in which he exerted control over such property.
    (h) Bigamy.
    A person who commits the offense of bigamy may be tried in any county where the bigamous marriage or bigamous cohabitation has occurred.
    (i) Kidnaping.
    A person who commits the offense of kidnaping may be tried in any county in which his victim has traveled or has been confined during the course of the offense.
    (j) Pandering.
    A person who commits the offense of pandering as set forth in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be tried in any county in which the prostitution was practiced or in any county in which any act in furtherance of the offense shall have been committed.
    (k) Treason.
    A person who commits the offense of treason may be tried in any county.
    (l) Criminal Defamation.
    If criminal defamation is spoken, printed or written in one county and is received or circulated in another or other counties, the offender shall be tried in the county where the defamation is spoken, printed or written. If the defamation is spoken, printed or written outside this state, or the offender resides outside this state, the offender may be tried in any county in this state in which the defamation was circulated or received.
    (m) Inchoate Offenses.
    A person who commits an inchoate offense may be tried in any county in which any act which is an element of the offense, including the agreement in conspiracy, is committed.
    (n) Accountability for Conduct of Another.
    Where a person in one county solicits, aids, abets, agrees, or attempts to aid another in the planning or commission of an offense in another county, he may be tried for the offense in either county.
    (o) Child Abduction.
    A person who commits the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense. Notwithstanding the foregoing, unless for good cause shown, the preferred place of trial shall be the county of the residence of the lawful custodian.
    (p) A person who commits the offense of narcotics racketeering may be tried in any county where cannabis or a controlled substance which is the basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; any money, property, property interest, or any other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or, any enterprise interest obtained as a result of narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.
    (q) A person who commits the offense of money laundering may be tried in any county where any part of a financial transaction in criminally derived property took place or in any county where any money or monetary instrument which is the basis for the offense was acquired, used, sold, transferred or distributed to, from or through.
    (r) A person who commits the offense of cannabis trafficking or controlled substance trafficking may be tried in any county.
    (s) A person who commits the offense of online sale of stolen property, online theft by deception, or electronic fencing may be tried in any county where any one or more elements of the offense took place, regardless of whether the element of the offense was the result of acts by the accused, the victim or by another person, and regardless of whether the defendant was ever physically present within the boundaries of the county.
    (t) A person who commits the offense of identity theft or aggravated identity theft may be tried in any one of the following counties in which: (1) the offense occurred; (2) the information used to commit the offense was illegally used; or (3) the victim resides.
    If a person is charged with more than one violation of identity theft or aggravated identity theft and those violations may be tried in more than one county, any of those counties is a proper venue for all of the violations.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/1-8

    (720 ILCS 5/1-8) (from Ch. 38, par. 1-8)
    Sec. 1-8. Order of protection; status. Whenever relief sought under this Code is based on allegations of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a respondent or a protected person.
(Source: P.A. 87-743.)

720 ILCS 5/Art. 2

 
    (720 ILCS 5/Art. 2 heading)
ARTICLE 2. GENERAL DEFINITIONS

720 ILCS 5/2-0.5

    (720 ILCS 5/2-0.5) (was 720 ILCS 5/2-.5)
    Sec. 2-0.5. Definitions. For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: P.A. 95-331, eff. 8-21-07.)

720 ILCS 5/2-1

    (720 ILCS 5/2-1) (from Ch. 38, par. 2-1)
    Sec. 2-1. "Acquittal".
    "Acquittal" means a verdict or finding of not guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-2

    (720 ILCS 5/2-2) (from Ch. 38, par. 2-2)
    Sec. 2-2. "Act".
    "Act" includes a failure or omission to take action.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-3

    (720 ILCS 5/2-3) (from Ch. 38, par. 2-3)
    Sec. 2-3. "Another".
    "Another" means a person or persons as defined in this Code other than the offender.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-3.5

    (720 ILCS 5/2-3.5)
    Sec. 2-3.5. "Community policing volunteer" means a person who is summoned or directed by a peace officer or any person actively participating in a community policing program and who is engaged in lawful conduct intended to assist any unit of government in enforcing any criminal or civil law. For the purpose of this Section, "community policing program" means any plan, system or strategy established by and conducted under the auspices of a law enforcement agency in which citizens participate with and are guided by the law enforcement agency and work with members of that agency to reduce or prevent crime within a defined geographic area.
(Source: P.A. 90-651, eff. 1-1-99.)

720 ILCS 5/2-3.6

    (720 ILCS 5/2-3.6)
    Sec. 2-3.6. "Armed with a firearm". Except as otherwise provided in a specific Section, a person is considered "armed with a firearm" when he or she carries on or about his or her person or is otherwise armed with a firearm.
(Source: P.A. 91-404, eff. 1-1-00.)

720 ILCS 5/2-4

    (720 ILCS 5/2-4) (from Ch. 38, par. 2-4)
    Sec. 2-4. "Conduct".
    "Conduct" means an act or a series of acts, and the accompanying mental state.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-5

    (720 ILCS 5/2-5) (from Ch. 38, par. 2-5)
    Sec. 2-5. "Conviction".
    "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-5.1

    (720 ILCS 5/2-5.1)
    Sec. 2-5.1. Day care center. "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)

720 ILCS 5/2-5.2

    (720 ILCS 5/2-5.2)
    Sec. 2-5.2. Day care home. "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)

720 ILCS 5/2-6

    (720 ILCS 5/2-6) (from Ch. 38, par. 2-6)
    Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.
    (b) For the purposes of Section 19-3 of this Code, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.
(Source: P.A. 84-1289.)

720 ILCS 5/2-6.5

    (720 ILCS 5/2-6.5)
    Sec. 2-6.5. Emergency medical technician.
    "Emergency medical technician-ambulance", "emergency medical technician-intermediate", and "emergency medical technician-paramedic" have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
(Source: P.A. 88-433.)

720 ILCS 5/2-6.6

    (720 ILCS 5/2-6.6)
    Sec. 2-6.6. Emergency management worker. "Emergency management worker" shall include the following:
        (a) any person, paid or unpaid, who is a member of a
    
local or county emergency services and disaster agency as defined by the Illinois Emergency Management Agency Act, or who is an employee of the Illinois Emergency Management Agency or the Federal Emergency Management Agency;
        (b) any employee or volunteer of the American Red
    
Cross;
        (c) any employee of a federal, State, county, or
    
local government agency assisting an emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency through mutual aid or as otherwise requested or directed in time of disaster or emergency; and
        (d) any person volunteering or directed to assist an
    
emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency.
(Source: P.A. 94-243, eff. 1-1-06; 94-323, eff. 1-1-06; 95-331, eff. 8-21-07.)

720 ILCS 5/2-7

    (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
    Sec. 2-7. "Felony".
    "Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 77-2638.)

720 ILCS 5/2-7.1

    (720 ILCS 5/2-7.1)
    Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm" and "firearm ammunition" have the meanings ascribed to them in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91-544, eff. 1-1-00.)

720 ILCS 5/2-7.5

    (720 ILCS 5/2-7.5)
    Sec. 2-7.5. "Firearm". Except as otherwise provided in a specific Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 95-331, eff. 8-21-07.)

720 ILCS 5/2-8

    (720 ILCS 5/2-8) (from Ch. 38, par. 2-8)
    Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.
(Source: P.A. 88-277; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

720 ILCS 5/2-8.1

    (720 ILCS 5/2-8.1)
    Sec. 2-8.1. Group day care home. "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)

720 ILCS 5/2-9

    (720 ILCS 5/2-9) (from Ch. 38, par. 2-9)
    Sec. 2-9. "Included offense".
    "Included offense" means an offense which
    (a) Is established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission of the offense charged, or
    (b) Consists of an attempt to commit the offense charged or an offense included therein.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-10

    (720 ILCS 5/2-10) (from Ch. 38, par. 2-10)
    Sec. 2-10. "Includes".
    "Includes" or "including" means comprehending among other particulars, without limiting the generality of the foregoing word or phrase.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-10.1

    (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
    Sec. 2-10.1. "Severely or profoundly intellectually disabled person" means a person (i) whose intelligence quotient does not exceed 40 or (ii) whose intelligence quotient does not exceed 55 and who suffers from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired. In any proceeding in which the defendant is charged with committing a violation of Section 10-2, 10-5, 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision (b)(1) of Section 12-3.05, of this Code against a victim who is alleged to be a severely or profoundly intellectually disabled person, any findings concerning the victim's status as a severely or profoundly intellectually disabled person, made by a court after a judicial admission hearing concerning the victim under Articles V and VI of Chapter IV of the Mental Health and Developmental Disabilities Code shall be admissible.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; 98-756, eff. 7-16-14.)

720 ILCS 5/2-10.2

    (720 ILCS 5/2-10.2)
    Sec. 2-10.2. Laser or laser device. "Laser" or "laser device" means any small or hand-held battery powered device which converts incident electromagnetic radiation of mixed frequencies to one or more discrete frequencies of highly amplified and coherent visible radiation or light. Proof that a particular device casts a small red dot or other similar small and discrete image or small and discrete visual signal upon a target surface at least 15 feet away creates a rebuttable presumption that the device is a laser. Flashlights and similar lamps, lanterns, lights, and penlights are not laser devices.
(Source: P.A. 91-672, eff. 1-1-00.)

720 ILCS 5/2-10.3

    (720 ILCS 5/2-10.3)
    Sec. 2-10.3. Laser gunsight. "Laser gunsight" means any battery powered laser device manufactured to function as a firearm aiming device or sold as a firearm aiming device.
(Source: P.A. 91-672, eff. 1-1-00.)

720 ILCS 5/2-11

    (720 ILCS 5/2-11) (from Ch. 38, par. 2-11)
    Sec. 2-11. "Misdemeanor".
    "Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
(Source: P.A. 77-2638.)

720 ILCS 5/2-11.1

    (720 ILCS 5/2-11.1)
    Sec. 2-11.1. "Motor vehicle". "Motor vehicle" has the meaning ascribed to it in the Illinois Vehicle Code.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/2-12

    (720 ILCS 5/2-12) (from Ch. 38, par. 2-12)
    Sec. 2-12. "Offense".
    "Offense" means a violation of any penal statute of this State.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-12.1

    (720 ILCS 5/2-12.1)
    Sec. 2-12.1. Part day child care facility. "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)

720 ILCS 5/2-13

    (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
    Sec. 2-13. "Peace officer". "Peace officer" means (i) any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.
    For purposes of Sections concerning unlawful use of weapons, for the purposes of assisting an Illinois peace officer in an arrest, or when the commission of any offense under Illinois law is directly observed by the person, and statutes involving the false personation of a peace officer, false personation of a peace officer while carrying a deadly weapon, false personation of a peace officer in attempting or committing a felony, and false personation of a peace officer in attempting or committing a forcible felony, then officers, agents, or employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws shall be considered "peace officers" under this Code, including, but not limited to all criminal investigators of:
        (1) the United States Department of Justice, the
    
Federal Bureau of Investigation, the Drug Enforcement Agency and the Department of Immigration and Naturalization;
        (2) the United States Department of the Treasury, the
    
Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Customs Service;
        (3) the United States Internal Revenue Service;
        (4) the United States General Services Administration;
        (5) the United States Postal Service;
        (6) all United States Marshals or Deputy United
    
States Marshals whose duties involve the enforcement of federal criminal laws; and
        (7) the United States Department of Defense.
(Source: P.A. 97-1150, eff. 1-25-13.)

720 ILCS 5/2-14

    (720 ILCS 5/2-14) (from Ch. 38, par. 2-14)
    Sec. 2-14. "Penal institution".
    "Penal institution" means a penitentiary, state farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-15

    (720 ILCS 5/2-15) (from Ch. 38, par. 2-15)
    Sec. 2-15. "Person". "Person" means an individual, natural person, public or private corporation, government, partnership, unincorporated association, or other entity.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/2-15.5

    (720 ILCS 5/2-15.5)
    Sec. 2-15.5. "Personally discharged a firearm". A person is considered to have "personally discharged a firearm" when he or she, while armed with a firearm, knowingly and intentionally fires a firearm causing the ammunition projectile to be forcefully expelled from the firearm.
(Source: P.A. 91-404, eff. 1-1-00.)

720 ILCS 5/2-15a

    (720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)
    Sec. 2-15a. "Physically handicapped person". "Physically handicapped person" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.
(Source: P.A. 85-691.)

720 ILCS 5/2-15b

    (720 ILCS 5/2-15b)
    Sec. 2-15b. "Place of worship" means a church, synagogue, mosque, temple, or other building, structure, or place used primarily for religious worship and includes the grounds of a place of worship.
(Source: P.A. 91-360, eff. 7-29-99.)

720 ILCS 5/2-16

    (720 ILCS 5/2-16) (from Ch. 38, par. 2-16)
    Sec. 2-16. "Prosecution".
    "Prosecution" means all legal proceedings by which a person's liability for an offense is determined, commencing with the return of the indictment or the issuance of the information, and including the final disposition of the case upon appeal.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-17

    (720 ILCS 5/2-17) (from Ch. 38, par. 2-17)
    Sec. 2-17. "Public employee".
    "Public employee" means a person, other than a public officer, who is authorized to perform any official function on behalf of, and is paid by, the State or any of its political subdivisions.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-18

    (720 ILCS 5/2-18) (from Ch. 38, par. 2-18)
    Sec. 2-18. "Public officer".
    "Public officer" means a person who is elected to office pursuant to statute, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-19

    (720 ILCS 5/2-19) (from Ch. 38, par. 2-19)
    Sec. 2-19. "Reasonable belief".
    "Reasonable belief" or "reasonably believes" means that the person concerned, acting as a reasonable man, believes that the described facts exist.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-19.5

    (720 ILCS 5/2-19.5)
    Sec. 2-19.5. "School" means a public, private, or parochial elementary or secondary school, community college, college, or university and includes the grounds of a school.
(Source: P.A. 91-360, eff. 7-29-99.)

720 ILCS 5/2-20

    (720 ILCS 5/2-20) (from Ch. 38, par. 2-20)
    Sec. 2-20. "Solicit".
    "Solicit" or "solicitation" means to command, authorize, urge, incite, request, or advise another to commit an offense.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-21

    (720 ILCS 5/2-21) (from Ch. 38, par. 2-21)
    Sec. 2-21. "State".
    "State" or "this State" means the State of Illinois, and all land and water in respect to which the State of Illinois has either exclusive or concurrent jurisdiction, and the air space above such land and water. "Other state" means any state or territory of the United States, the District of Columbia and the Commonwealth of Puerto Rico.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/2-22

    (720 ILCS 5/2-22) (from Ch. 38, par. 2-22)
    Sec. 2-22. "Statute".
    "Statute" means the Constitution or an Act of the General Assembly of this State.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/Art. 3

 
    (720 ILCS 5/Art. 3 heading)
ARTICLE 3. RIGHTS OF DEFENDANT

720 ILCS 5/3-1

    (720 ILCS 5/3-1) (from Ch. 38, par. 3-1)
    Sec. 3-1. Presumption of innocence and proof of guilt.
    Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/3-2

    (720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
    Sec. 3-2. Affirmative defense.
    (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.
    (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)

720 ILCS 5/3-3

    (720 ILCS 5/3-3) (from Ch. 38, par. 3-3)
    Sec. 3-3. Multiple prosecutions for same act.
    (a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.
    (b) If the several offenses are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution, except as provided in Subsection (c), if they are based on the same act.
    (c) When 2 or more offenses are charged as required by Subsection (b), the court in the interest of justice may order that one or more of such charges shall be tried separately.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/3-4

    (720 ILCS 5/3-4) (from Ch. 38, par. 3-4)
    Sec. 3-4. Effect of former prosecution.
    (a) A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if that former prosecution:
        (1) resulted in either a conviction or an acquittal
    
or in a determination that the evidence was insufficient to warrant a conviction;
        (2) was terminated by a final order or judgment, even
    
if entered before trial, that required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or
        (3) was terminated improperly after the jury was
    
impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.
    A conviction of an included offense, other than through a plea of guilty, is an acquittal of the offense charged.
    (b) A prosecution is barred if the defendant was formerly prosecuted for a different offense, or for the same offense based upon different facts, if that former prosecution:
        (1) resulted in either a conviction or an acquittal,
    
and the subsequent prosecution is for an offense of which the defendant could have been convicted on the former prosecution; or was for an offense with which the defendant should have been charged on the former prosecution, as provided in Section 3-3 of this Code (unless the court ordered a separate trial of that charge); or was for an offense that involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution, or the offense was not consummated when the former trial began;
        (2) was terminated by a final order or judgment, even
    
if entered before trial, that required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or
        (3) was terminated improperly under the circumstances
    
stated in subsection (a), and the subsequent prosecution is for an offense of which the defendant could have been convicted if the former prosecution had not been terminated improperly.
    (c) A prosecution is barred if the defendant was formerly prosecuted in a District Court of the United States or in a sister state for an offense that is within the concurrent jurisdiction of this State, if that former prosecution:
        (1) resulted in either a conviction or an acquittal,
    
and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or
        (2) was terminated by a final order or judgment, even
    
if entered before trial, that required a determination inconsistent with any fact necessary to a conviction in the prosecution in this State.
    (d) A prosecution is not barred within the meaning of this Section 3-4, however, if the former prosecution:
        (1) was before a court that lacked jurisdiction over
    
the defendant or the offense; or
        (2) was procured by the defendant without the
    
knowledge of the proper prosecuting officer, and with the purpose of avoiding the sentence that otherwise might be imposed; or if subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the defendant was thereby adjudged not guilty.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/3-5

    (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
    Sec. 3-5. General Limitations.
    (a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, residential arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.
    (b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 98-265, eff. 1-1-14.)

720 ILCS 5/3-6

    (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
    Sec. 3-6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 or other applicable statute is extended under the following conditions:
    (a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows:
        (1) If the aggrieved person is a minor or a person
    
under legal disability, then during the minority or legal disability or within one year after the termination thereof.
        (2) In any other instance, within one year after the
    
discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
    (b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
    (b-5) When the victim is under 18 years of age at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses under Section 10-9 of this Code may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
    (c) (Blank).
    (d) A prosecution for child pornography, aggravated child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping, exploitation of a child, or promoting juvenile prostitution except for keeping a place of juvenile prostitution may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
    (e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 11-0.1 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim.
    (f) A prosecution for any offense set forth in Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended, may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense.
    (f-5) A prosecution for any offense set forth in Section 16-30 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense.
    Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
    (j) (1) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.
    (2) In circumstances other than as described in paragraph (1) of this subsection (j), when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse, or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age.
    (3) When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age.
    (4) Nothing in this subdivision (j) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
    (k) A prosecution for theft involving real property exceeding $100,000 in value under Section 16-1, identity theft under subsection (a) of Section 16-30, aggravated identity theft under subsection (b) of Section 16-30, or any offense set forth in Article 16H or Section 17-10.6 may be commenced within 7 years of the last act committed in furtherance of the crime.
    (l) A prosecution for any offense set forth in Section 26-4 of this Code may be commenced within one year after the discovery of the offense by the victim of that offense.
(Source: P.A. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, eff. 7-16-14.)

720 ILCS 5/3-7

    (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
    Sec. 3-7. Periods excluded from limitation. The period within which a prosecution must be commenced does not include any period in which:
    (a) The defendant is not usually and publicly resident within this State; or
    (b) The defendant is a public officer and the offense charged is theft of public funds while in public office; or
    (c) A prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal; or
    (d) A proceeding or an appeal from a proceeding relating to the quashing or enforcement of a Grand Jury subpoena issued in connection with an investigation of a violation of a criminal law of this State is pending. However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this subsection (d); or
    (e) A material witness is placed on active military duty or leave. In this subsection (e), "material witness" includes, but is not limited to, the arresting officer, occurrence witness, or the alleged victim of the offense; or
    (f) The victim of unlawful force or threat of imminent bodily harm to obtain information or a confession is incarcerated, and the victim's incarceration, in whole or in part, is a consequence of the unlawful force or threats.
(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)

720 ILCS 5/3-8

    (720 ILCS 5/3-8) (from Ch. 38, par. 3-8)
    Sec. 3-8. Limitation on offense based on series of acts. When an offense is based on a series of acts performed at different times, the period of limitation prescribed by this Article starts at the time when the last such act is committed.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/Tit. II

 
    (720 ILCS 5/Tit. II heading)
TITLE II. PRINCIPLES OF CRIMINAL LIABILITY

720 ILCS 5/Art. 4

 
    (720 ILCS 5/Art. 4 heading)
ARTICLE 4. CRIMINAL ACT AND MENTAL STATE

720 ILCS 5/4-1

    (720 ILCS 5/4-1) (from Ch. 38, par. 4-1)
    Sec. 4-1. Voluntary act.
    A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/4-2

    (720 ILCS 5/4-2) (from Ch. 38, par. 4-2)
    Sec. 4-2. Possession as voluntary act.
    Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/4-3

    (720 ILCS 5/4-3) (from Ch. 38, par. 4-3)
    Sec. 4-3. Mental state.
    (a) A person is not guilty of an offense, other than an offense which involves absolute liability, unless, with respect to each element described by the statute defining the offense, he acts while having one of the mental states described in Sections 4-4 through 4-7.
    (b) If the statute defining an offense prescribed a particular mental state with respect to the offense as a whole, without distinguishing among the elements thereof, the prescribed mental state applies to each such element. If the statute does not prescribe a particular mental state applicable to an element of an offense (other than an offense which involves absolute liability), any mental state defined in Sections 4-4, 4-5 or 4-6 is applicable.
    (c) Knowledge that certain conduct constitutes an offense, or knowledge of the existence, meaning, or application of the statute defining an offense, is not an element of the offense unless the statute clearly defines it as such.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/4-4

    (720 ILCS 5/4-4) (from Ch. 38, par. 4-4)
    Sec. 4-4. Intent.
    A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/4-5

    (720 ILCS 5/4-5) (from Ch. 38, par. 4-5)
    Sec. 4-5. Knowledge. A person knows, or acts knowingly or with knowledge of:
        (a) The nature or attendant circumstances of his or
    
her conduct, described by the statute defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that the fact exists.
        (b) The result of his or her conduct, described by
    
the statute defining the offense, when he or she is consciously aware that that result is practically certain to be caused by his conduct.
    Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the term "willfully", unless the statute clearly requires another meaning.
    When the law provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/4-6

    (720 ILCS 5/4-6) (from Ch. 38, par. 4-6)
    Sec. 4-6. Recklessness. A person is reckless or acts recklessly when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a statute using the term "wantonly", unless the statute clearly requires another meaning.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/4-7

    (720 ILCS 5/4-7) (from Ch. 38, par. 4-7)
    Sec. 4-7. Negligence. A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/4-8

    (720 ILCS 5/4-8) (from Ch. 38, par. 4-8)
    Sec. 4-8. Ignorance or mistake.
    (a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense.
    (b) A person's reasonable belief that his conduct does not constitute an offense is a defense if:
        (1) the offense is defined by an administrative
    
regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or
        (2) he acts in reliance upon a statute which later is
    
determined to be invalid; or
        (3) he acts in reliance upon an order or opinion of
    
an Illinois Appellate or Supreme Court, or a United States appellate court later overruled or reversed; or
        (4) he acts in reliance upon an official
    
interpretation of the statute, regulation or order defining the offense, made by a public officer or agency legally authorized to interpret such statute.
    (c) Although a person's ignorance or mistake of fact or law, or reasonable belief, described in this Section 4-8 is a defense to the offense charged, he may be convicted of an included offense of which he would be guilty if the fact or law were as he believed it to be.
    (d) A defense based upon this Section 4-8 is an affirmative defense.
(Source: P.A. 98-463, eff. 8-16-13.)

720 ILCS 5/4-9

    (720 ILCS 5/4-9) (from Ch. 38, par. 4-9)
    Sec. 4-9. Absolute liability. A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in Sections 4-4 through 4-7 if the offense is a misdemeanor which is not punishable by incarceration or by a fine exceeding $1,000, or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.
(Source: P.A. 96-1198, eff. 1-1-11.)

720 ILCS 5/Art. 5

 
    (720 ILCS 5/Art. 5 heading)
ARTICLE 5. PARTIES TO CRIME

720 ILCS 5/5-1

    (720 ILCS 5/5-1) (from Ch. 38, par. 5-1)
    Sec. 5-1. Accountability for conduct of another. A person is responsible for conduct which is an element of an offense if the conduct is either that of the person himself, or that of another and he is legally accountable for such conduct as provided in Section 5-2, or both.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/5-2

    (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
    Sec. 5-2. When accountability exists. A person is legally accountable for the conduct of another when:
        (a) having a mental state described by the statute
    
defining the offense, he or she causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state;
        (b) the statute defining the offense makes him or her
    
so accountable; or
        (c) either before or during the commission of an
    
offense, and with the intent to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense.
    When 2 or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts. Mere presence at the scene of a crime does not render a person accountable for an offense; a person's presence at the scene of a crime, however, may be considered with other circumstances by the trier of fact when determining accountability.
    A person is not so accountable, however, unless the statute defining the offense provides otherwise, if:
        (1) he or she is a victim of the offense committed;
        (2) the offense is so defined that his or her conduct
    
was inevitably incident to its commission; or
        (3) before the commission of the offense, he or she
    
terminates his or her effort to promote or facilitate that commission and does one of the following: (i) wholly deprives his or her prior efforts of effectiveness in that commission, (ii) gives timely warning to the proper law enforcement authorities, or (iii) otherwise makes proper effort to prevent the commission of the offense.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/5-3

    (720 ILCS 5/5-3) (from Ch. 38, par. 5-3)
    Sec. 5-3. Separate conviction of person accountable.
    A person who is legally accountable for the conduct of another which is an element of an offense may be convicted upon proof that the offense was committed and that he was so accountable, although the other person claimed to have committed the offense has not been prosecuted or convicted, or has been convicted of a different offense or degree of offense, or is not amenable to justice, or has been acquitted.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/5-4

    (720 ILCS 5/5-4) (from Ch. 38, par. 5-4)
    Sec. 5-4. Responsibility of corporation. (a) A corporation may be prosecuted for the commission of an offense if, but only if:
    (1) The offense is a misdemeanor, or is defined by Sections 11-20, 11-20.1 or 24-1 of this Code, or Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended or is defined by another statute which clearly indicates a legislative purpose to impose liability on a corporation; and an agent of the corporation performs the conduct which is an element of the offense while acting within the scope of his or her office or employment and in behalf of the corporation, except that any limitation in the defining statute, concerning the corporation's accountability for certain agents or under certain circumstances, is applicable; or
    (2) The commission of the offense is authorized, requested, commanded, or performed, by the board of directors or by a high managerial agent who is acting within the scope of his or her employment in behalf of the corporation.
    (b) A corporation's proof, by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the conduct which is the subject matter of the offense exercised due diligence to prevent the commission of the offense, is a defense to a prosecution for any offense to which Subsection (a) (1) refers, other than an offense for which absolute liability is imposed. This Subsection is inapplicable if the legislative purpose of the statute defining the offense is inconsistent with the provisions of this Subsection.
    (c) For the purpose of this Section:
    (1) "Agent" means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.
    (2) "High managerial agent" means an officer of the corporation, or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees in a managerial capacity.
(Source: P.A. 85-1440.)

720 ILCS 5/5-5

    (720 ILCS 5/5-5) (from Ch. 38, par. 5-5)
    Sec. 5-5. Accountability for conduct of corporation.
    (a) A person is legally accountable for conduct which is an element of an offense and which, in the name or in behalf of a corporation, he performs or causes to be performed, to the same extent as if the conduct were performed in his own name or behalf.
    (b) An individual who has been convicted of an offense by reason of his legal accountability for the conduct of a corporation is subject to the punishment authorized by law for an individual upon conviction of such offense, although only a lesser or different punishment is authorized for the corporation.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/Art. 6

 
    (720 ILCS 5/Art. 6 heading)
ARTICLE 6. RESPONSIBILITY

720 ILCS 5/6-1

    (720 ILCS 5/6-1) (from Ch. 38, par. 6-1)
    Sec. 6-1. Infancy.
    No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/6-2

    (720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
    Sec. 6-2. Insanity.
    (a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.
    (b) The terms "mental disease or mental defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
    (c) A person who, at the time of the commission of a criminal offense, was not insane but was suffering from a mental illness, is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill.
    (d) For purposes of this Section, "mental illness" or "mentally ill" means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person's judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior.
    (e) When the defense of insanity has been presented during the trial, the burden of proof is on the defendant to prove by clear and convincing evidence that the defendant is not guilty by reason of insanity. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of each of the offenses charged, and, in a jury trial where the insanity defense has been presented, the jury must be instructed that it may not consider whether the defendant has met his burden of proving that he is not guilty by reason of insanity until and unless it has first determined that the State has proven the defendant guilty beyond a reasonable doubt of the offense with which he is charged.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)

720 ILCS 5/6-3

    (720 ILCS 5/6-3) (from Ch. 38, par. 6-3)
    Sec. 6-3. Intoxicated or drugged condition. A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
(Source: P.A. 92-466, eff. 1-1-02.)

720 ILCS 5/6-4

    (720 ILCS 5/6-4) (from Ch. 38, par. 6-4)
    Sec. 6-4. Affirmative Defense. A defense based upon any of the provisions of Article 6 is an affirmative defense except that mental illness is not an affirmative defense, but an alternative plea or finding that may be accepted, under appropriate evidence, when the affirmative defense of insanity is raised or the plea of guilty but mentally ill is made.
(Source: P.A. 82-553.)

720 ILCS 5/Art. 7

 
    (720 ILCS 5/Art. 7 heading)
ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION

720 ILCS 5/7-1

    (720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
    Sec. 7-1. Use of force in defense of person.
    (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

720 ILCS 5/7-2

    (720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
    Sec. 7-2. Use of force in defense of dwelling.
    (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
        (1) The entry is made or attempted in a violent,
    
riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
        (2) He reasonably believes that such force is
    
necessary to prevent the commission of a felony in the dwelling.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

720 ILCS 5/7-3

    (720 ILCS 5/7-3) (from Ch. 38, par. 7-3)
    Sec. 7-3. Use of force in defense of other property.
    (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

720 ILCS 5/7-4

    (720 ILCS 5/7-4) (from Ch. 38, par. 7-4)
    Sec. 7-4. Use of force by aggressor.
    The justification described in the preceding Sections of this Article is not available to a person who:
    (a) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
    (b) Initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or
    (c) Otherwise initially provokes the use of force against himself, unless:
        (1) Such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
        (2) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-5

    (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
    Sec. 7-5. Peace officer's use of force in making arrest. (a) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to effect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reasonably believes both that:
    (1) Such force is necessary to prevent the arrest from being defeated by resistance or escape; and
    (2) The person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
    (b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
(Source: P.A. 84-1426.)

720 ILCS 5/7-6

    (720 ILCS 5/7-6) (from Ch. 38, par. 7-6)
    Sec. 7-6. Private person's use of force in making arrest.
    (a) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that he is justified in the use of force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another.
    (b) A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-7

    (720 ILCS 5/7-7) (from Ch. 38, par. 7-7)
    Sec. 7-7. Private person's use of force in resisting arrest. A person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if he believes that the arrest is unlawful and the arrest in fact is unlawful.
(Source: P.A. 86-1475.)

720 ILCS 5/7-8

    (720 ILCS 5/7-8) (from Ch. 38, par. 7-8)
    Sec. 7-8. Force likely to cause death or great bodily harm.
    (a) Force which is likely to cause death or great bodily harm, within the meaning of Sections 7-5 and 7-6 includes:
        (1) The firing of a firearm in the direction of the
    
person to be arrested, even though no intent exists to kill or inflict great bodily harm; and
        (2) The firing of a firearm at a vehicle in which the
    
person to be arrested is riding.
    (b) A peace officer's discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause death or great bodily harm within the meaning of Sections 7-5 and 7-6.
(Source: P.A. 90-138, eff. 1-1-98.)

720 ILCS 5/7-9

    (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
    Sec. 7-9. Use of force to prevent escape.
    (a) A peace officer or other person who has an arrested person in his custody is justified in the use of such force to prevent the escape of the arrested person from custody as he would be justified in using if he were arresting such person.
    (b) A guard or other peace officer is justified in the use of force, including force likely to cause death or great bodily harm, which he reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-10

    (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
    Sec. 7-10. Execution of death sentence.
    A public officer who, in the exercise of his official duty, puts a person to death pursuant to a sentence of a court of competent jurisdiction, is justified if he acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-11

    (720 ILCS 5/7-11) (from Ch. 38, par. 7-11)
    Sec. 7-11. Compulsion.
    (a) A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct.
    (b) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion, except that stated in subsection (a).
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/7-12

    (720 ILCS 5/7-12) (from Ch. 38, par. 7-12)
    Sec. 7-12. Entrapment.
    A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.
(Source: P.A. 89-332, eff. 1-1-96.)

720 ILCS 5/7-13

    (720 ILCS 5/7-13) (from Ch. 38, par. 7-13)
    Sec. 7-13. Necessity.
    Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-14

    (720 ILCS 5/7-14) (from Ch. 38, par. 7-14)
    Sec. 7-14. Affirmative defense. A defense of justifiable use of force, or of exoneration, based on the provisions of this Article is an affirmative defense.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/Tit. III

 
    (720 ILCS 5/Tit. III heading)
TITLE III. SPECIFIC OFFENSES

720 ILCS 5/Tit. III Pt. A

 
    (720 ILCS 5/Tit. III Pt. A heading)
PART A. INCHOATE OFFENSES

720 ILCS 5/Art. 8

 
    (720 ILCS 5/Art. 8 heading)
ARTICLE 8. SOLICITATION, CONSPIRACY AND ATTEMPT

720 ILCS 5/8-1

    (720 ILCS 5/8-1) (from Ch. 38, par. 8-1)
    Sec. 8-1. Solicitation and solicitation of murder.
    (a) Solicitation. A person commits the offense of solicitation when, with intent that an offense be committed, other than first degree murder, he or she commands, encourages, or requests another to commit that offense.
    (b) Solicitation of murder. A person commits the offense of solicitation of murder when he or she commits solicitation with the intent that the offense of first degree murder be committed.
    (c) Sentence. A person convicted of solicitation may be fined or imprisoned or both not to exceed the maximum provided for the offense solicited, except that the penalty shall not exceed the corresponding maximum limit provided by subparagraph (c) of Section 8-4 of this Code. Solicitation of murder is a Class X felony, and a person convicted of solicitation of murder shall be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years, except that a person convicted of solicitation of murder when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 20 years and not more than 60 years.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/8-1.1

    (720 ILCS 5/8-1.1)
    Sec. 8-1.1. (Repealed).
(Source: P.A. 89-689, eff. 12-31-96. Repealed by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/8-1.2

    (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2)
    Sec. 8-1.2. Solicitation of murder for hire.
    (a) A person commits the offense of solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he or she procures another to commit that offense pursuant to any contract, agreement, understanding, command, or request for money or anything of value.
    (b) Sentence. Solicitation of murder for hire is a Class X felony, and a person convicted of solicitation of murder for hire shall be sentenced to a term of imprisonment of not less than 20 years and not more than 40 years, except that a person convicted of solicitation of murder for hire when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 25 years and not more than 60 years.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/8-2

    (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
    Sec. 8-2. Conspiracy.
    (a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and proved to have been committed by him or her or by a co-conspirator.
    (b) Co-conspirators. It is not a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:
        (1) have not been prosecuted or convicted,
        (2) have been convicted of a different offense,
        (3) are not amenable to justice,
        (4) have been acquitted, or
        (5) lacked the capacity to commit an offense.
    (c) Sentence.
        (1) Except as otherwise provided in this subsection
    
or Code, a person convicted of conspiracy to commit:
            (A) a Class X felony shall be sentenced for a
        
Class 1 felony;
            (B) a Class 1 felony shall be sentenced for a
        
Class 2 felony;
            (C) a Class 2 felony shall be sentenced for a
        
Class 3 felony;
            (D) a Class 3 felony shall be sentenced for a
        
Class 4 felony;
            (E) a Class 4 felony shall be sentenced for a
        
Class 4 felony; and
            (F) a misdemeanor may be fined or imprisoned or
        
both not to exceed the maximum provided for the offense that is the object of the conspiracy.
        (2) A person convicted of conspiracy to commit any of
    
the following offenses shall be sentenced for a Class X felony:
            (A) aggravated insurance fraud conspiracy when
        
the person is an organizer of the conspiracy (720 ILCS 5/46-4); or
            (B) aggravated governmental entity insurance
        
fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4).
        (3) A person convicted of conspiracy to commit any
    
of the following offenses shall be sentenced for a Class 1 felony:
            (A) first degree murder (720 ILCS 5/9-1); or
            (B) aggravated insurance fraud (720 ILCS 5/46-3)
        
or aggravated governmental insurance fraud (720 ILCS 5/46-3).
        (4) A person convicted of conspiracy to commit
    
insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 5/46-3) shall be sentenced for a Class 2 felony.
        (5) A person convicted of conspiracy to commit any of
    
the following offenses shall be sentenced for a Class 3 felony:
            (A) soliciting for a prostitute (720 ILCS
        
5/11-14.3(a)(1));
            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
        
5/11-14.3(a)(2)(B));
            (C) keeping a place of prostitution (720 ILCS
        
5/11-14.3(a)(1));
            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
            (E) unlawful use of weapons under Section
        
24-1(a)(1) (720 ILCS 5/24-1(a)(1));
            (F) unlawful use of weapons under Section
        
24-1(a)(7) (720 ILCS 5/24-1(a)(7));
            (G) gambling (720 ILCS 5/28-1);
            (H) keeping a gambling place (720 ILCS 5/28-3);
            (I) registration of federal gambling stamps
        
violation (720 ILCS 5/28-4);
            (J) look-alike substances violation (720 ILCS
        
570/404);
            (K) miscellaneous controlled substance violation
        
under Section 406(b) (720 ILCS 570/406(b)); or
            (L) an inchoate offense related to any of the
        
principal offenses set forth in this item (5).
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/8-2.1

    (720 ILCS 5/8-2.1)
    Sec. 8-2.1. Conspiracy against civil rights.
    (a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co-conspirator has committed any act in furtherance of that agreement.
    (b) Co-conspirators. It shall not be a defense to conspiracy against civil rights that a person or persons with whom the accused is alleged to have conspired:
        (1) has not been prosecuted or convicted; or
        (2) has been convicted of a different offense; or
        (3) is not amenable to justice; or
        (4) has been acquitted; or
        (5) lacked the capacity to commit an offense.
    (c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense.
(Source: P.A. 92-830, eff. 1-1-03.)

720 ILCS 5/8-3

    (720 ILCS 5/8-3) (from Ch. 38, par. 8-3)
    Sec. 8-3. Defense.
    It is a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of an offense.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/8-4

    (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
    Sec. 8-4. Attempt.
    (a) Elements of the offense.
    A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense.
    (b) Impossibility.
    It is not a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
    (c) Sentence.
    A person convicted of attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in Section 33A-2 of this Code:
        (1) the sentence for attempt to commit first degree
    
murder is the sentence for a Class X felony, except that
            (A) an attempt to commit first degree murder when
        
at least one of the aggravating factors specified in paragraphs (1), (2), and (12) of subsection (b) of Section 9-1 is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;
            (B) an attempt to commit first degree murder
        
while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;
            (C) an attempt to commit first degree murder
        
during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;
            (D) an attempt to commit first degree murder
        
during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; and
            (E) if the defendant proves by a preponderance of
        
the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony;
        (2) the sentence for attempt to commit a Class X
    
felony is the sentence for a Class 1 felony;
        (3) the sentence for attempt to commit a Class 1
    
felony is the sentence for a Class 2 felony;
        (4) the sentence for attempt to commit a Class 2
    
felony is the sentence for a Class 3 felony; and
        (5) the sentence for attempt to commit any felony
    
other than those specified in items (1), (2), (3), and (4) of this subsection (c) is the sentence for a Class A misdemeanor.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/8-5

    (720 ILCS 5/8-5) (from Ch. 38, par. 8-5)
    Sec. 8-5. Multiple convictions.
    No person shall be convicted of both the inchoate and the principal offense.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/8-6

    (720 ILCS 5/8-6) (from Ch. 38, par. 8-6)
    Sec. 8-6. Offense. For the purposes of this Article, "offense" shall include conduct which if performed in another State would be criminal by the laws of that State and which conduct if performed in this State would be an offense under the laws of this State.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/Tit. III Pt. B

 
    (720 ILCS 5/Tit. III Pt. B heading)
PART B. OFFENSES DIRECTED AGAINST THE PERSON

720 ILCS 5/Art. 9

 
    (720 ILCS 5/Art. 9 heading)
ARTICLE 9. HOMICIDE

720 ILCS 5/9-1

    (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree Murder - Death penalties - Exceptions - Separate Hearings - Proof - Findings - Appellate procedures - Reversals.
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
        (1) he either intends to kill or do great bodily harm
    
to that individual or another, or knows that such acts will cause death to that individual or another; or
        (2) he knows that such acts create a strong
    
probability of death or great bodily harm to that individual or another; or
        (3) he is attempting or committing a forcible felony
    
other than second degree murder.
    (b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if:
        (1) the murdered individual was a peace officer or
    
fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or
        (2) the murdered individual was an employee of an
    
institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or
        (3) the defendant has been convicted of murdering two
    
or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or
        (4) the murdered individual was killed as a result of
    
the hijacking of an airplane, train, ship, bus or other public conveyance; or
        (5) the defendant committed the murder pursuant to a
    
contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or
        (6) the murdered individual was killed in the course
    
of another felony if:
            (a) the murdered individual:
                (i) was actually killed by the defendant, or
                (ii) received physical injuries personally
            
inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and
            (b) in performing the acts which caused the death
        
of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and
            (c) the other felony was an inherently violent
        
crime or the attempt to commit an inherently violent crime. In this subparagraph (c), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; or
        (7) the murdered individual was under 12 years of age
    
and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or
        (8) the defendant committed the murder with intent to
    
prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this paragraph (8), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; or
        (9) the defendant, while committing an offense
    
punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or
        (10) the defendant was incarcerated in an institution
    
or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or
        (11) the murder was committed in a cold, calculated
    
and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or
        (12) the murdered individual was an emergency medical
    
technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel; or
        (13) the defendant was a principal administrator,
    
organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or
        (14) the murder was intentional and involved the
    
infliction of torture. For the purpose of this Section torture means 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; or
        (15) the murder was committed as a result of the
    
intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or
        (16) the murdered individual was 60 years of age or
    
older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or
        (17) the murdered individual was a disabled person
    
and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or
        (18) the murder was committed by reason of any
    
person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or
        (19) the murdered individual was subject to an order
    
of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; or
        (20) the murdered individual was known by the
    
defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or
        (21) the murder was committed by the defendant in
    
connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code.
    (b-5) Aggravating Factor; Natural Life Imprisonment. A defendant who has been found guilty of first degree murder and who at the time of the commission of the offense had attained the age of 18 years or more may be sentenced to natural life imprisonment if (i) the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice nurse, (ii) the defendant knew or should have known that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice nurse, and (iii) the murdered individual was killed in the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity.
     (c) Consideration of factors in Aggravation and Mitigation.
    The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b). Mitigating factors may include but need not be limited to the following:
        (1) the defendant has no significant history of prior
    
criminal activity;
        (2) the murder was committed while the defendant was
    
under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to prosecution;
        (3) the murdered individual was a participant in the
    
defendant's homicidal conduct or consented to the homicidal act;
        (4) the defendant acted under the compulsion of
    
threat or menace of the imminent infliction of death or great bodily harm;
        (5) the defendant was not personally present during
    
commission of the act or acts causing death;
        (6) the defendant's background includes a history of
    
extreme emotional or physical abuse;
        (7) the defendant suffers from a reduced mental
    
capacity.
    (d) Separate sentencing hearing.
    Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted:
        (1) before the jury that determined the defendant's
    
guilt; or
        (2) before a jury impanelled for the purpose of the
    
proceeding if:
            A. the defendant was convicted upon a plea of
        
guilty; or
            B. the defendant was convicted after a trial
        
before the court sitting without a jury; or
            C. the court for good cause shown discharges the
        
jury that determined the defendant's guilt; or
        (3) before the court alone if the defendant waives a
    
jury for the separate proceeding.
    (e) Evidence and Argument.
    During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing.
    (f) Proof.
    The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt.
    (g) Procedure - Jury.
    If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the court shall sentence the defendant to death. If the court does not concur with the jury determination that death is the appropriate sentence, the court shall set forth reasons in writing including what facts or circumstances the court relied upon, along with any relevant documents, that compelled the court to non-concur with the sentence. This document and any attachments shall be part of the record for appellate review. The court shall be bound by the jury's sentencing determination.
    If after weighing the factors in aggravation and mitigation, one or more jurors determines that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
    (h) Procedure - No Jury.
    In a proceeding before the court alone, if the court finds that none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
    If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the Court shall sentence the defendant to death.
    If the court finds that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
    (h-5) Decertification as a capital case.
    In a case in which the defendant has been found guilty of first degree murder by a judge or jury, or a case on remand for resentencing, and the State seeks the death penalty as an appropriate sentence, on the court's own motion or the written motion of the defendant, the court may decertify the case as a death penalty case if the court finds that the only evidence supporting the defendant's conviction is the uncorroborated testimony of an informant witness, as defined in Section 115-21 of the Code of Criminal Procedure of 1963, concerning the confession or admission of the defendant or that the sole evidence against the defendant is a single eyewitness or single accomplice without any other corroborating evidence. If the court decertifies the case as a capital case under either of the grounds set forth above, the court shall issue a written finding. The State may pursue its right to appeal the decertification pursuant to Supreme Court Rule 604(a)(1). If the court does not decertify the case as a capital case, the matter shall proceed to the eligibility phase of the sentencing hearing.
    (i) Appellate Procedure.
    The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. The Illinois Supreme Court may overturn the death sentence, and order the imposition of imprisonment under Chapter V of the Unified Code of Corrections if the court finds that the death sentence is fundamentally unjust as applied to the particular case. If the Illinois Supreme Court finds that the death sentence is fundamentally unjust as applied to the particular case, independent of any procedural grounds for relief, the Illinois Supreme Court shall issue a written opinion explaining this finding.
    (j) Disposition of reversed death sentence.
    In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections.
    In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
    (k) Guidelines for seeking the death penalty.
    The Attorney General and State's Attorneys Association shall consult on voluntary guidelines for procedures governing whether or not to seek the death penalty. The guidelines do not have the force of law and are only advisory in nature.
(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)

720 ILCS 5/9-1.2

    (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
    Sec. 9-1.2. Intentional Homicide of an Unborn Child.
    (a) A person commits the offense of intentional homicide of an unborn child if, in performing acts which cause the death of an unborn child, he without lawful justification:
        (1) either intended to cause the death of or do great
    
bodily harm to the pregnant woman or her unborn child or knew that such acts would cause death or great bodily harm to the pregnant woman or her unborn child; or
        (2) knew that his acts created a strong probability
    
of death or great bodily harm to the pregnant woman or her unborn child; and
        (3) knew that the woman was pregnant.
    (b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
    (c) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
    (d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:
        (1) the death penalty may not be imposed;
        (2) if the person committed the offense while armed
    
with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
        (3) 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;
        (4) 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.
    (e) The provisions of this Act shall not be construed to prohibit the prosecution of any person under any other provision of law.
(Source: P.A. 96-1000, eff. 7-2-10.)

720 ILCS 5/9-2

    (720 ILCS 5/9-2) (from Ch. 38, par. 9-2)
    Sec. 9-2. Second degree murder.
    (a) A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present:
        (1) at the time of the killing he or she is acting
    
under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
        (2) at the time of the killing he or she believes the
    
circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable.
    (b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.
    (c) When evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. The burden of proof, however, remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code.
    (d) Sentence. Second degree murder is a Class 1 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/9-2.1

    (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
    Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) A person who kills an unborn child without lawful justification commits voluntary manslaughter of an unborn child if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the unborn child.
    Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.
    (b) A person who intentionally or knowingly kills an unborn child commits voluntary manslaughter of an unborn child if at the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.
    (c) Sentence. Voluntary Manslaughter of an unborn child is a Class 1 felony.
    (d) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
    (e) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
(Source: P.A. 84-1414.)

720 ILCS 5/9-3

    (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
    (a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
    (b) (Blank).
    (c) (Blank).
    (d) Sentence.
        (1) Involuntary manslaughter is a Class 3 felony.
        (2) Reckless homicide is a Class 3 felony.
    (e) (Blank).
    (e-2) Except as provided in subsection (e-3), in cases involving reckless homicide in which the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
    (e-3) In cases involving reckless homicide in which (i) the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties and (ii) the defendant causes the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
    (e-5) (Blank).
    (e-7) Except as otherwise provided in subsection (e-8), in cases involving reckless homicide in which the defendant: (1) was driving in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
    (e-8) In cases involving reckless homicide in which the defendant caused the deaths of 2 or more persons as part of a single course of conduct and: (1) was driving in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
    (e-9) In cases involving reckless homicide in which the defendant drove a vehicle and used an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne, and caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony.
    (e-10) In cases involving involuntary manslaughter or reckless homicide resulting in the death of a peace officer killed in the performance of his or her duties as a peace officer, the penalty is a Class 2 felony.
    (e-11) In cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone, as defined in Section 11-605 of the Illinois Vehicle Code, while children are present or in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, when construction or maintenance workers are present the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also either driving at a speed of more than 20 miles per hour in excess of the posted speed limit or violating Section 11-501 of the Illinois Vehicle Code.
    (e-12) Except as otherwise provided in subsection (e-13), in cases involving reckless homicide in which the offense was committed as result of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
    (e-13) In cases involving reckless homicide in which the offense was committed as result of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
    (e-14) In cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also violating subsection (c) of Section 11-907 of the Illinois Vehicle Code. The penalty for a reckless homicide in which the driver also violated subsection (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
    (f) In cases involving involuntary manslaughter in which the victim was a family or household member as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for which a person if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, eff. 8-21-08; 95-884, eff. 1-1-09; 96-328, eff. 8-11-09.)

720 ILCS 5/9-3.1

    (720 ILCS 5/9-3.1) (from Ch. 38, par. 9-3.1)
    Sec. 9-3.1. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/9-3-1.5

    (720 ILCS 5/9-3-1.5)
    Sec. 9-3-1.5. (Renumbered as Section 9-3.5).
(Source: Renumbered by P.A. 97-333, eff. 8-12-11.)

720 ILCS 5/9-3.2

    (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
    Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide of an Unborn Child. (a) A person who unintentionally kills an unborn child without lawful justification commits involuntary manslaughter of an unborn child if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of death consists of the driving of a motor vehicle, in which case the person commits reckless homicide of an unborn child.
    (b) Sentence.
    (1) Involuntary manslaughter of an unborn child is a Class 3 felony.
    (2) Reckless homicide of an unborn child is a Class 3 felony.
    (c) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
    (d) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
    (e) The provisions of this Section shall not be construed to prohibit the prosecution of any person under any other provision of law, nor shall it be construed to preclude any civil cause of action.
(Source: P.A. 84-1414.)

720 ILCS 5/9-3.3

    (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
    Sec. 9-3.3. Drug-induced homicide.
    (a) A person who violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance, commits the offense of drug-induced homicide.
    (b) Sentence. Drug-induced homicide is a Class X felony.
    (c) A person who commits drug-induced homicide by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act commits a Class X felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years.
(Source: P.A. 97-191, eff. 7-22-11.)

720 ILCS 5/9-3.4

    (720 ILCS 5/9-3.4) (was 720 ILCS 5/9-3.1)
    Sec. 9-3.4. Concealment of homicidal death.
    (a) A person commits the offense of concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means.
    (b) Nothing in this Section prevents the defendant from also being charged with and tried for the first degree murder, second degree murder, or involuntary manslaughter of the person whose death is concealed.
    (b-5) For purposes of this Section:
    "Conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death by homicidal means. "Conceal" means something more than simply withholding knowledge or failing to disclose information.
    "Homicidal means" means any act or acts, lawful or unlawful, of a person that cause the death of another person.
    (c) Sentence. Concealment of homicidal death is a Class 3 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/9-3.5

    (720 ILCS 5/9-3.5)
    Sec. 9-3.5. Concealment of death.
    (a) For purposes of this Section, "conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death. "Conceal" means something more than simply withholding knowledge or failing to disclose information.
    (b) A person commits the offense of concealment of death when he or she knowingly conceals the death of any other person who died by other than homicidal means.
    (c) A person commits the offense of concealment of death when he or she knowingly moves the body of a dead person from its place of death, with the intent of concealing information regarding the place or manner of death of that person, or the identity of any person with information regarding the death of that person. This subsection shall not apply to any movement of the body of a dead person by medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors, or by any person acting at the direction of medical personnel, fire fighters, law enforcement officers, coroners, medical examiners, or licensed funeral directors.
    (d) Sentence. Concealment of death is a Class 4 felony.
(Source: P.A. 96-1361, eff. 1-1-11; 97-333, eff. 8-12-11.)

720 ILCS 5/Art. 10

 
    (720 ILCS 5/Art. 10 heading)
ARTICLE 10. KIDNAPING AND RELATED OFFENSES

720 ILCS 5/10-1

    (720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
    Sec. 10-1. Kidnapping.
    (a) A person commits the offense of kidnapping when he or she knowingly:
        (1) and secretly confines another against his or her
    
will;
        (2) by force or threat of imminent force carries
    
another from one place to another with intent secretly to confine that other person against his or her will; or
        (3) by deceit or enticement induces another to go
    
from one place to another with intent secretly to confine that other person against his or her will.
    (b) Confinement of a child under the age of 13 years, or of a severely or profoundly intellectually disabled person, is against that child's or person's will within the meaning of this Section if that confinement is without the consent of that child's or person's parent or legal guardian.
    (c) Sentence. Kidnapping is a Class 2 felony.
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)

720 ILCS 5/10-2

    (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
    Sec. 10-2. Aggravated kidnaping.
    (a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
        (1) kidnaps with the intent to obtain ransom from the
    
person kidnaped or from any other person;
        (2) takes as his or her victim a child under the age
    
of 13 years, or a severely or profoundly intellectually disabled person;
        (3) inflicts great bodily harm, other than by the
    
discharge of a firearm, or commits another felony upon his or her victim;
        (4) wears a hood, robe, or mask or conceals his or
    
her identity;
        (5) commits the offense of kidnaping while armed with
    
a dangerous weapon, other than a firearm, as defined in Section 33A-1 of this Code;
        (6) commits the offense of kidnaping while armed with
    
a firearm;
        (7) during the commission of the offense of
    
kidnaping, personally discharges a firearm; or
        (8) during the commission of the offense of
    
kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    As used in this Section, "ransom" includes money, benefit, or other valuable thing or concession.
    (b) Sentence. Aggravated kidnaping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A violation of subsection (a)(6) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(7) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    A person who is convicted of a second or subsequent offense of aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except that a sentence of natural life imprisonment shall not be imposed under this Section unless the second or subsequent offense was committed after conviction on the first offense.
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)

720 ILCS 5/10-3

    (720 ILCS 5/10-3) (from Ch. 38, par. 10-3)
    Sec. 10-3. Unlawful restraint.
    (a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.
    (b) Sentence. Unlawful restraint is a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/10-3.1

    (720 ILCS 5/10-3.1) (from Ch. 38, par. 10-3.1)
    Sec. 10-3.1. Aggravated unlawful restraint.
    (a) A person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.
    (b) Sentence. Aggravated unlawful restraint is a Class 3 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/10-4

    (720 ILCS 5/10-4) (from Ch. 38, par. 10-4)
    Sec. 10-4. Forcible Detention.) (a) A person commits the offense of forcible detention when he holds an individual hostage without lawful authority for the purpose of obtaining performance by a third person of demands made by the person holding the hostage, and
    (1) the person holding the hostage is armed with a dangerous weapon as defined in Section 33A-1 of this Code, or
    (2) the hostage is known to the person holding him to be a peace officer or a correctional employee engaged in the performance of his official duties.
    (b) Forcible detention is a Class 2 felony.
(Source: P.A. 79-941.)

720 ILCS 5/10-5

    (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 severely or profoundly intellectually disabled.
        (2) "Detains" means taking or retaining physical
    
custody of a child, whether or not the child resists or objects.
        (2.1) "Express consent" means oral or written
    
permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
        (2.2) "Luring" means any knowing act to solicit,
    
entice, tempt, or attempt to attract the minor.
        (3) "Lawful custodian" means a person or persons
    
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.
        (4) "Putative father" means a man who has a
    
reasonable belief that he is the father of a child born of a woman who is not his wife.
        (5) "Unlawful purpose" means any misdemeanor or
    
felony violation of State law or a similar federal or sister state law or local ordinance.
    (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
    
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.
        (2) Intentionally violates a court order prohibiting
    
the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
        (3) Intentionally conceals, detains, or removes the
    
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.
        (4) Intentionally conceals or removes the child from
    
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.
        (5) At the expiration of visitation rights outside
    
the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
        (6) Being a parent of the child, and if the parents
    
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.
        (7) Being a parent of the child, and if the parents
    
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.
        (8) Knowingly conceals, detains, or removes the child
    
for payment or promise of payment at the instruction of a person who has no legal right to custody.
        (9) Knowingly retains in this State for 30 days a
    
child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
        (10) Intentionally lures or attempts to lure a child:
    
(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.
        (11) With the intent to obstruct or prevent efforts
    
to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
    (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
    
court order granting legal custody or visitation rights that existed at the time of the alleged violation;
        (2) the person had physical custody of the child
    
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;
        (3) the person was fleeing an incidence or pattern of
    
domestic violence; or
        (4) the person lured or attempted to lure a child
    
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).
    (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
    
following the concealment, detention, or removal of the child;
        (2) that the defendant inflicted or threatened to
    
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;
        (3) that the defendant demanded payment in exchange
    
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;
        (4) that the defendant has previously been convicted
    
of child abduction;
        (5) that the defendant committed the abduction while
    
armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
        (6) that the defendant committed the abduction while
    
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.
    (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. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-160, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-998, eff. 1-1-13.)

720 ILCS 5/10-5.1

    (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;
        (3) for an unlawful purpose;
        (4) without the express consent of the person's
    
parent or legal guardian;
        (5) with the intent to avoid the express consent of
    
the person's parent or legal guardian;
        (6) after so communicating, commits any act in
    
furtherance of the intent described in clause (a)(2); and
        (7) is a stranger to the parents or legal guardian of
    
the minor.
    (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
    
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;
        (3) for an unlawful purpose;
        (4) without the express consent of the person's
    
parent or legal guardian;
        (5) with the intent to avoid the express consent of
    
the person's parent or legal guardian;
        (6) after so communicating, commits any act in
    
furtherance of the intent described in clause (b)(2); and
        (7) is a stranger to the parents or legal guardian of
    
the minor.
    (c) Definitions. For purposes of this Section:
        (1) "Emergency situation" means a situation in which
    
the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
        (2) "Express consent" means oral or written
    
permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
        (3) "Contacts or communicates electronically"
    
includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
        (4) "Luring" shall mean any knowing act to solicit,
    
entice, tempt, or attempt to attract the minor.
        (5) "Minor" shall mean any person under the age of 15.
        (6) "Stranger" shall have its common and ordinary
    
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.
        (7) "Unlawful purpose" shall mean any misdemeanor or
    
felony violation of State law or a similar federal or sister state law or local ordinance.
    (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
    
under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
        (2) It shall be an affirmative defense to any offense
    
under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
        (3) It shall not be a defense to the prosecution of
    
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.
    (g) Penalties.
        (1) A first offense of luring of a minor under
    
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.
        (2) A first offense of luring of a minor under
    
subsection (b) is a Class B misdemeanor.
        (3) A second or subsequent offense of luring of a
    
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.
        (4) A third or subsequent offense is a Class 1
    
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.
    (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.)

720 ILCS 5/10-5.5

    (720 ILCS 5/10-5.5)
    Sec. 10-5.5. Unlawful visitation or parenting time interference.
    (a) As used in this Section, the terms "child", "detain", and "lawful custodian" have the meanings ascribed to them in Section 10-5 of this Code.
    (b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.
    (c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.
    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
    (e) The notice shall:
        (1) be in writing;
        (2) state the name of the person and his or her
    
address, if known;
        (3) set forth the nature of the offense;
        (4) be signed by the officer issuing the notice; and
        (5) request the person to appear before a court at a
    
certain time and place.
    (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.
    (g) It is an affirmative defense that:
        (1) a person or lawful custodian committed the act to
    
protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights, parenting time, or custody time was a reasonable response to the harm believed imminent;
        (2) the act was committed with the mutual consent of
    
all parties having a right to custody and visitation of the child or parenting time with the child; or
        (3) the act was otherwise authorized by law.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)

720 ILCS 5/10-6

    (720 ILCS 5/10-6) (from Ch. 38, par. 10-6)
    Sec. 10-6. Harboring a runaway.
    (a) Any person, other than an agency or association providing crisis intervention services as defined in Section 3-5 of the Juvenile Court Act of 1987, or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969, who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Minors Act, for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.
    (b) Any person who commits the offense of harboring a runaway is guilty of a Class A misdemeanor.
(Source: P.A. 95-331, eff. 8-21-07.)

720 ILCS 5/10-7

    (720 ILCS 5/10-7) (from Ch. 38, par. 10-7)
    Sec. 10-7. Aiding or abetting child abduction.
    (a) A person violates this Section when, before or during the commission of a child abduction as defined in Section 10-5 and with the intent to promote or facilitate such offense, he or she intentionally aids or abets another in the planning or commission of child abduction, unless before the commission of the offense he or she makes proper effort to prevent the commission of the offense.
    (b) Sentence. A person who violates this Section commits a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/10-8

    (720 ILCS 5/10-8) (from Ch. 38, par. 10-8)
    Sec. 10-8. Unlawful sale of a public conveyance travel ticket to a minor.
    (a) A person commits the offense of unlawful sale of a public conveyance travel ticket to a minor when the person sells a ticket for travel on any public conveyance to an unemancipated minor under 17 years of age without the consent of the minor's parents or guardian for passage to a destination outside this state and knows the minor's age or fails to take reasonable measures to ascertain the minor's age.
    (b) Evidence. The fact that the defendant demanded, was shown, and reasonably relied upon written evidence of a person's age in any transaction forbidden by this Section is competent evidence, and may be considered in any criminal prosecution for a violation of this Section.
    (c) Definition. "Public Conveyance", includes an airplane, boat, bus, railroad, train, taxicab or other vehicle used for the transportation of passengers for hire.
    (d) Sentence. Unlawful sale of a public conveyance travel ticket to a minor is a Class C misdemeanor.
(Source: P.A. 86-336.)

720 ILCS 5/10-8.1

    (720 ILCS 5/10-8.1)
    Sec. 10-8.1. Unlawful sending of a public conveyance travel ticket to a minor.
    (a) In this Section, "public conveyance" has the meaning ascribed to it in Section 10-8 of this Code.
    (b) A person commits the offense of unlawful sending of a public conveyance travel ticket to a minor when the person without the consent of the minor's parent or guardian:
        (1) knowingly sends, causes to be sent, or purchases
    
a public conveyance travel ticket to any location for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law; or
        (2) knowingly arranges for travel to any location on
    
any public conveyance for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law.
    (b-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, 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.
    (c) Sentence. Unlawful sending of a public conveyance travel ticket to a minor is a Class A misdemeanor. A person who commits unlawful sending of a public conveyance travel ticket to a minor who believes that he or she is at least 5 years older than the minor is guilty of a Class 4 felony.
(Source: P.A. 95-983, eff. 6-1-09.)

720 ILCS 5/10-9

    (720 ILCS 5/10-9)
    (Text of Section before amendment by P.A. 98-1013)
    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.
        (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
    
person;
        (2) physically restrains or threatens to physically
    
restrain another person;
        (3) abuses or threatens to abuse the law or legal
    
process;
        (4) knowingly destroys, conceals, removes,
    
confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
        (5) uses intimidation, or exerts financial control
    
over any person; or
        (6) uses any scheme, plan, or pattern intended to
    
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.
    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
    
is between the ages of 17 and 18 years;
        (2) there is no overt force or threat and the minor
    
is under the age of 17 years; or
        (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.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection is a Class 1 felony.
    (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
    
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.
        (2) Number of victims. In determining sentences
    
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.
    (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.
    (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. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14.)
 
    (Text of Section after amendment by P.A. 98-1013)
    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.
        (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
    
person;
        (2) physically restrains or threatens to physically
    
restrain another person;
        (3) abuses or threatens to abuse the law or legal
    
process;
        (4) knowingly destroys, conceals, removes,
    
confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
        (5) uses intimidation, or exerts financial control
    
over any person; or
        (6) uses any scheme, plan, or pattern intended to
    
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.
    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
    
is between the ages of 17 and 18 years;
        (2) there is no overt force or threat and the minor
    
is under the age of 17 years; or
        (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.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection is a Class 1 felony.
    (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
    
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.
        (2) Number of victims. In determining sentences
    
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.
    (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. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; 98-1013, eff. 1-1-15.)

720 ILCS 5/10-10

    (720 ILCS 5/10-10)
    Sec. 10-10. Failure to report the death or disappearance of a child under 13 years of age.
    (a) A parent, legal guardian, or caretaker of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. In the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour.
    (b) A parent, legal guardian, or caretaker of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance.
    (c) The Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in subsection (a) or (b) of this Section.
    (d) A parent, legal guardian, or caretaker does not commit the offense of failure to report the death or disappearance of a child under 13 years of age when:
        (1) the failure to report is due to an act of God,
    
act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child;
        (2) the parent, legal guardian, or caretaker calls
    
911 to report the disappearance of the child;
        (3) the parent, legal guardian, or caretaker knows
    
that the child is under the care of another parent, family member, relative, friend, or baby sitter; or
        (4) the parent, legal guardian, or caretaker is
    
hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting the death or disappearance.
    (e) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 97-1079, eff. 1-1-13.)

720 ILCS 5/Art. 10A

 
    (720 ILCS 5/Art. 10A heading)
ARTICLE 10A. (Repealed)
(Source: Repealed by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 11

 
    (720 ILCS 5/Art. 11 heading)
ARTICLE 11. SEX OFFENSES

720 ILCS 5/Art. 11 Subdiv. 1

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

720 ILCS 5/11-0.1

    (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:
            (A) Soliciting another for the purpose of
        
prostitution.
            (B) Arranging or offering to arrange a meeting of
        
persons for the purpose of prostitution.
            (C) Directing another to a place knowing the
        
direction is for the purpose of prostitution.
        (2) Keeping a place of prostitution by controlling or
    
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:
            (A) Knowingly granting or permitting the use of
        
the place for the purpose of prostitution.
            (B) Granting or permitting the use of the place
        
under circumstances from which he or she could reasonably know that the place is used or is to be used for purposes of prostitution.
            (C) Permitting the continued use of the place
        
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.
    "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". See Section 11-1.70.
    "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
    
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
        (2) when the accused overcomes the victim by use of
    
superior strength or size, physical restraint, or physical confinement.
    "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.
    "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. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 5

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

720 ILCS 5/11-1.10

    (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
    Sec. 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.
    (a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code shall be presumed to be incapable of committing an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code because of age, physical condition or relationship to the victim. Nothing in this Section shall be construed to modify or abrogate the affirmative defense of infancy under Section 6-1 of this Code or the provisions of Section 5-805 of the Juvenile Court Act of 1987.
    (b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (c) (Blank).
    (d) (Blank).
    (e) The prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV), within 48 hours:
        (1) after a finding at a preliminary hearing that
    
there is probable cause to believe that an accused has committed a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or
        (2) after an indictment is returned charging an
    
accused with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or
        (3) after a finding that a defendant charged with a
    
violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to the preliminary hearing, or
        (4) after the request of the victim of the violation
    
of Section 11-1.20, 11-1.30, or 11-1.40.
The medical tests shall be performed only by appropriately licensed medical practitioners. The testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a positive result, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. The results of the tests and any follow-up tests shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the judge who entered the order, for the judge's inspection in camera. The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the result of the testing may be revealed; however, in no case shall the identity of the victim be disclosed. The court shall order that the cost of the tests shall be paid by the county, and shall be taxed as costs against the accused if convicted.
    (f) Whenever any law enforcement officer has reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, the law enforcement officer shall advise the victim about seeking medical treatment and preserving evidence.
    (g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
        (1) An explanation to the victim about the nature and
    
effects of commonly used controlled substances and how such controlled substances are administered.
        (2) An offer to the victim of testing for the
    
presence of such controlled substances.
        (3) A disclosure to the victim that all controlled
    
substances or alcohol ingested by the victim will be disclosed by the test.
        (4) A statement that the test is completely voluntary.
        (5) A form for written authorization for sample
    
analysis of all controlled substances and alcohol ingested by the victim.
    A physician licensed to practice medicine in all its branches may agree to be a designated person under this subsection.
    No sample analysis may be performed unless the victim returns a signed written authorization within 30 days after the sample was collected.
    Any medical treatment or care under this subsection shall be only in accordance with the order of a physician licensed to practice medicine in all of its branches. Any testing under this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.
(Source: P.A. 97-1109, eff. 1-1-13; 98-761, eff. 7-16-14.)

720 ILCS 5/11-1.20

    (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
    Sec. 11-1.20. Criminal Sexual Assault.
    (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the
    
nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim
    
is under 18 years of age; or
        (4) is 17 years of age or over and holds a position
    
of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
    (b) Sentence.
        (1) Criminal sexual assault is a Class 1 felony,
    
except that:
            (A) A person who is convicted of the offense of
        
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.
            (B) A person who is convicted of the offense of
        
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply.
            (C) A second or subsequent conviction for a
        
violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.30

    (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
    (a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:
        (1) the person displays, threatens to use, or uses a
    
dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
        (2) the person causes bodily harm to the victim,
    
except as provided in paragraph (10);
        (3) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (4) the person commits the criminal sexual assault
    
during the course of committing or attempting to commit any other felony;
        (5) the victim is 60 years of age or older;
        (6) the victim is a physically handicapped person;
        (7) the person delivers (by injection, inhalation,
    
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;
        (8) the person is armed with a firearm;
        (9) the person personally discharges a firearm during
    
the commission of the offense; or
        (10) the person personally discharges a firearm
    
during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) A person commits aggravated criminal sexual assault if that person is under 17 years of age and: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
    (c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a severely or profoundly intellectually disabled person.
    (d) Sentence.
        (1) Aggravated criminal sexual assault in violation
    
of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.
        (2) A person who is convicted of a second or
    
subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-1.40

    (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
    Sec. 11-1.40. Predatory criminal sexual assault of a child.
    (a) A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that
    
person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the
        
commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation,
        
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.
    (b) Sentence.
        (1) A person convicted of a violation of subsection
    
(a)(1) commits a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A person convicted of a violation of subsection (a)(2)(A) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(B) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(C) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment.
        (1.1) A person convicted of a violation of subsection
    
(a)(2)(D) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years.
        (1.2) A person convicted of predatory criminal sexual
    
assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment.
        (2) A person who is convicted of a second or
    
subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 98-903, eff. 8-15-14.)

720 ILCS 5/11-1.50

    (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
    Sec. 11-1.50. Criminal sexual abuse.
    (a) A person commits criminal sexual abuse if that person:
        (1) commits an act of sexual conduct by the use of
    
force or threat of force; or
        (2) commits an act of sexual conduct and knows that
    
the victim is unable to understand the nature of the act or is unable to give knowing consent.
    (b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
    (c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.
    (d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.60

    (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
    Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
    (a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:
        (1) the person displays, threatens to use, or uses a
    
dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
        (2) the person causes bodily harm to the victim;
        (3) the victim is 60 years of age or older;
        (4) the victim is a physically handicapped person;
        (5) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (6) the person commits the criminal sexual abuse
    
during the course of committing or attempting to commit any other felony; or
        (7) the person delivers (by injection, inhalation,
    
ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.
    (b) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.
    (c) A person commits aggravated criminal sexual abuse if:
        (1) that person is 17 years of age or over and: (i)
    
commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
        (2) that person is under 17 years of age and: (i)
    
commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
    (d) A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.
    (e) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a severely or profoundly intellectually disabled person.
    (f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.
    (g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-1.70

    (720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
    Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.
    (a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "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.
    (b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.
    (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.80

    (720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
    Sec. 11-1.80. Civil Liability.
    (a) If any person has been convicted of any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16. No victim may recover in any such action unless he or she proves by a preponderance of the evidence that: (1) the reading or viewing of the specific obscene material manufactured, produced, or distributed wholesale by the defendant proximately caused the person convicted of the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 to commit such violation and (2) the defendant knew or had reason to know that the manufacture, production, or wholesale distribution of such material was likely to cause a violation of an offense substantially of the type enumerated.
    (b) The manufacturer, producer or wholesale distributor shall be liable to the victim for:
        (1) actual damages incurred by the victim, including
    
medical costs;
        (2) court costs and reasonable attorneys fees;
        (3) infliction of emotional distress;
        (4) pain and suffering; and
        (5) loss of consortium.
    (c) Every action under this Section shall be commenced within 3 years after the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15 or 12-16 of this Code. However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.
    (d) For the purposes of this Section:
        (1) "obscene" has the meaning ascribed to it in
    
subsection (b) of Section 11-20 of this Code;
        (2) "wholesale distributor" means any individual,
    
partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;
        (3) "producer" means any individual, partnership,
    
corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
        (4) "manufacturer" means any individual, partnership,
    
corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-6

    (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
    Sec. 11-6. Indecent solicitation of a child.
    (a) A person of the age of 17 years and upwards commits indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 11-0.1 of this Code.
    (a-5) A person of the age of 17 years and upwards commits indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.
    (a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
    (b) Definitions. As used in this Section:
        "Solicit" means to command, authorize, urge, incite,
    
request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
        "Child" means a person under 17 years of age.
        "Internet" has the meaning set forth in Section
    
16-0.1 of this Code.
        "Sexual penetration" or "sexual conduct" are defined
    
in Section 11-0.1 of this Code.
    (c) Sentence. Indecent solicitation of a child under subsection (a) is:
        (1) a Class 1 felony when the act, if done, would be
    
predatory criminal sexual assault of a child or aggravated criminal sexual assault;
        (2) a Class 2 felony when the act, if done, would be
    
criminal sexual assault;
        (3) a Class 3 felony when the act, if done, would be
    
aggravated criminal sexual abuse.
    Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-6.5

    (720 ILCS 5/11-6.5)
    Sec. 11-6.5. Indecent solicitation of an adult.
    (a) A person commits indecent solicitation of an adult if the person knowingly:
        (1) Arranges for a person 17 years of age or over to
    
commit an act of sexual penetration as defined in Section 11-0.1 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or over but under the
        
age of 17 years; or
        (2) Arranges for a person 17 years of age or over to
    
commit an act of sexual conduct as defined in Section 11-0.1 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or older but under the
        
age of 17 years.
    (b) Sentence.
        (1) Violation of paragraph (a)(1)(i) is a Class X
    
felony.
        (2) Violation of paragraph (a)(1)(ii) is a Class 1
    
felony.
        (3) Violation of paragraph (a)(2)(i) is a Class 2
    
felony.
        (4) Violation of paragraph (a)(2)(ii) is a Class A
    
misdemeanor.
    (c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means. "Computer" has the meaning ascribed to it in Section 17-0.5 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-6.6

    (720 ILCS 5/11-6.6)
    Sec. 11-6.6. Solicitation to meet a child.
    (a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law.
    (b) Sentence. Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child.
    (c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 16D-2 of this Code.
(Source: P.A. 95-983, eff. 6-1-09.)

720 ILCS 5/11-7

    (720 ILCS 5/11-7) (from Ch. 38, par. 11-7)
    (This Section was renumbered as Section 11-35 by P.A. 96-1551.)
    Sec. 11-7. (Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-8

    (720 ILCS 5/11-8) (from Ch. 38, par. 11-8)
    (This Section was renumbered as Section 11-40 by P.A. 96-1551.)
    Sec. 11-8. (Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9

    (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
    (This Section was renumbered as Section 11-30 by P.A. 96-1551.)
    Sec. 11-9. (Renumbered).
(Source: P.A. 96-1098, eff. 1-1-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 10

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

720 ILCS 5/11-9.1

    (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
    Sec. 11-9.1. Sexual exploitation of a child.
    (a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast for
    
the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child.
    (a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
    (b) Definitions. As used in this Section:
    "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
    "Sex offense" means any violation of Article 11 of this Code or Section 12-5.01 of this Code.
    "Child" means a person under 17 years of age.
    "Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand held communication device, or both.
    "Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.
    (c) Sentence.
        (1) Sexual exploitation of a child is a Class A
    
misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
        (2) Sexual exploitation of a child is a Class 4
    
felony if the person has been previously convicted of a sex offense.
        (3) Sexual exploitation of a child is a Class 4
    
felony if the victim was under 13 years of age at the time of the commission of the offense.
        (4) Sexual exploitation of a child is a Class 4
    
felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-9.1A

    (720 ILCS 5/11-9.1A)
    Sec. 11-9.1A. Permitting sexual abuse of a child.
    (a) A person responsible for a child's welfare commits permitting sexual abuse of a child if the person has actual knowledge of and permits an act of sexual abuse upon the child, or permits the child to engage in prostitution as defined in Section 11-14 of this Code.
    (b) In this Section:
    "Actual knowledge" includes credible allegations made by the child.
    "Child" means a minor under the age of 17 years.
    "Person responsible for the child's welfare" means the child's parent, step-parent, legal guardian, or other person having custody of a child, who is responsible for the child's care at the time of the alleged sexual abuse.
    "Prostitution" means prostitution as defined in Section 11-14 of this Code.
    "Sexual abuse" includes criminal sexual abuse or criminal sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (c) This Section does not apply to a person responsible for the child's welfare who, having reason to believe that sexual abuse has occurred, makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse, or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act.
    (d) Whenever a law enforcement officer has reason to believe that the child or the person responsible for the child's welfare has been abused by a family or household member as defined by the Illinois Domestic Violence Act of 1986, the officer shall immediately use all reasonable means to prevent further abuse under Section 112A-30 of the Code of Criminal Procedure of 1963.
    (e) An order of protection under Section 111-8 of the Code of Criminal Procedure of 1963 shall be sought in all cases where there is reason to believe that a child has been sexually abused by a family or household member. In considering appropriate available remedies, it shall be presumed that awarding physical care or custody to the abuser is not in the child's best interest.
    (f) A person may not be charged with the offense of permitting sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or prostitution.
    (g) A person convicted of permitting the sexual abuse of a child is guilty of a Class 1 felony. As a condition of any sentence of supervision, probation, conditional discharge, or mandatory supervised release, any person convicted under this Section shall be ordered to undergo child sexual abuse, domestic violence, or other appropriate counseling for a specified duration with a qualified social or mental health worker.
    (h) It is an affirmative defense to a charge of permitting sexual abuse of a child under this Section that the person responsible for the child's welfare had a reasonable apprehension that timely action to stop the abuse or prostitution would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-9.1B

    (720 ILCS 5/11-9.1B)
    Sec. 11-9.1B. Failure to report sexual abuse of a child.
    (a) For the purposes of this Section:
    "Child" means any person under the age of 13.
    "Sexual abuse" means any contact, however slight, between the sex organ or anus of the victim or the accused and an object or body part, including, but not limited to, the sex organ, mouth, or anus of the victim or the accused, or any intrusion, however slight, of any part of the body of the victim or the accused or of any animal or object into the sex organ or anus of the victim or the accused, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual abuse.
    (b) A person over the age of 18 commits failure to report sexual abuse of a child when he or she personally observes sexual abuse, as defined by this Section, between a person who he or she knows is over the age of 18 and a person he or she knows is a child, and knowingly fails to report the sexual abuse to law enforcement.
    (c) This Section does not apply to a person who makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act.
    (d) A person may not be charged with the offense of failure to report sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.
    (e) It is an affirmative defense to a charge of failure to report sexual abuse of a child under this Section that the person who personally observed the sexual abuse had a reasonable apprehension that timely action to stop the abuse would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
    (f) Sentence. A person who commits failure to report sexual abuse of a child is guilty of a Class A misdemeanor for the first violation and a Class 4 felony for a second or subsequent violation.
    (g) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of sexual abuse and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14.)

720 ILCS 5/11-9.2

    (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 or (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.
    (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 penal system, treatment and detention facility, or conditional release program.
    (e) For purposes of this Section, the consent of the probationer, parolee, releasee, or inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act 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, or inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act.
    (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.
        (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.
    (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;
            (iii) parole, aftercare release, or mandatory
        
supervised release;
            (iv) electronic home detention;
            (v) probation;
            (vi) detention or civil commitment either in
        
secure care or in the community under the Sexually Violent Persons Commitment Act.
        (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.
        (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;
            (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;
            (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.
        (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.
        (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.
        (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.
(Source: P.A. 98-558, eff. 1-1-14.)

720 ILCS 5/11-9.3

    (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 county 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),
    
"sex offense" means:
            (i) A violation of any of the following Sections
        
of the Criminal Code of 1961 or the Criminal Code of 2012: 10-4 (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), 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 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
    
16-0.1 of this Code.
        (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. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)

720 ILCS 5/11-9.4

    (720 ILCS 5/11-9.4)
    Sec. 11-9.4. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9.4-1

     (720 ILCS 5/11-9.4-1)
    Sec. 11-9.4-1. Sexual predator and child sex offender; presence or loitering in or near public parks prohibited.
    (a) For the purposes of this Section:
        "Child sex offender" has the meaning ascribed to it
    
in subsection (d) of Section 11-9.3 of this Code, but does not include as a sex offense under paragraph (2) of subsection (d) of Section 11-9.3, the offenses under subsections (b) and (c) of Section 11-1.50 or subsections (b) and (c) of Section 12-15 of this Code.
        "Public park" includes a park, forest preserve,
    
bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
        "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        
person is in a vehicle or remaining in or around public park property.
            (ii) Standing, sitting idly, whether or not the
        
person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.
        "Sexual predator" has the meaning ascribed to it in
    
subsection (E) of Section 2 of the Sex Offender Registration Act.
    (b) It is unlawful for a sexual predator or a child sex offender to knowingly be present in any public park building or on real property comprising any public park.
    (c) It is unlawful for a sexual predator or 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. For the purposes of this subsection (c), the 500 feet distance shall be measured from the edge of the property comprising the public park building or the real property comprising the public park.
    (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, except that a second or subsequent violation is a Class 4 felony.
(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-9.5

    (720 ILCS 5/11-9.5)
    Sec. 11-9.5. Sexual misconduct with a person with a disability.
    (a) Definitions. As used in this Section:
        (1) "Person with a disability" means:
            (i) a person diagnosed with a developmental
        
disability as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code; or
            (ii) a person diagnosed with a mental illness as
        
defined in Section 1-129 of the Mental Health and Developmental Disabilities Code.
        (2) "State-operated facility" means:
            (i) a developmental disability facility as
        
defined in the Mental Health and Developmental Disabilities Code; or
            (ii) a mental health facility as defined in the
        
Mental Health and Developmental Disabilities Code.
        (3) "Community agency" or "agency" means any
    
community entity or program providing residential mental health or developmental disabilities services that is licensed, certified, or funded by the Department of Human Services and not licensed or certified by any other human service agency of the State such as the Departments of Public Health, Healthcare and Family Services, and Children and Family Services.
        (4) "Care and custody" means admission to a
    
State-operated facility.
        (5) "Employee" means:
            (i) any person employed by the Illinois
        
Department of Human Services;
            (ii) any person employed by a community agency
        
providing services at the direction of the owner or operator of the agency on or off site; or
            (iii) any person who is a contractual employee or
        
contractual agent of the Department of Human Services or the community agency. This includes but is not limited to payroll personnel, contractors, subcontractors, and volunteers.
        (6) "Sexual conduct" or "sexual penetration" means
    
any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
    (b) A person commits sexual misconduct with a person with a disability when:
        (1) he or she is an employee and knowingly engages in
    
sexual conduct or sexual penetration with a person with a disability who is under the care and custody of the Department of Human Services at a State-operated facility; or
        (2) he or she is an employee of a community agency
    
funded by the Department of Human Services and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is in a residential program operated or supervised by a community agency.
    (c) For purposes of this Section, the consent of a person with a disability in custody of the Department of Human Services residing at a State-operated facility or receiving services from a community agency 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 person with a disability and is receiving services at a State-operated facility or is a person with a disability who is in a residential program operated or supervised by a community agency.
    (d) This Section does not apply to:
        (1) any State employee or any community agency
    
employee who is lawfully married to a person with a disability in custody of the Department of Human Services or receiving services from a community agency if the marriage occurred before the date of custody or the initiation of services at a community agency; or
        (2) any State employee or community agency employee
    
who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in sexual misconduct was a person with a disability in custody of the Department of Human Services or was receiving services from a community agency.
    (e) Sentence. Sexual misconduct with a person with a disability is a Class 3 felony.
    (f) Any person convicted of violating this Section shall immediately forfeit his or her employment with the State or the community agency.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-11

    (720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
    Sec. 11-11. Sexual Relations Within Families.
    (a) A person commits sexual relations within families if he or she:
        (1) Commits an act of sexual penetration as defined
    
in Section 11-0.1 of this Code; and
        (2) The person knows that he or she is related to the
    
other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or (iv) Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or (v) Great-aunt or great-uncle, when the grand-niece or grand-nephew was 18 years of age or over when the act was committed; or (vi) Grandparent or step-grandparent, when the grandchild or step-grandchild was 18 years of age or over when the act was committed.
    (b) Sentence. Sexual relations within families is a Class 3 felony.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/11-12

    (720 ILCS 5/11-12) (from Ch. 38, par. 11-12)
    (This Section was renumbered as Section 11-45 by P.A. 96-1551.)
    Sec. 11-12. (Renumbered).
(Source: P.A. 81-230. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-13

    (720 ILCS 5/11-13) (from Ch. 38, par. 11-13)
    Sec. 11-13. (Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 15

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

720 ILCS 5/11-14

    (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
    Sec. 11-14. Prostitution.
    (a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
    (b) Sentence. A violation of this Section is a Class A misdemeanor.
    (c) (Blank).
    (d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987. Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987, a law enforcement officer who takes a person under 18 years of age into custody under this Section shall immediately report an allegation of a violation of Section 10-9 of this Code to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act.
(Source: P.A. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14; 98-538, eff. 8-23-13; 98-756, eff. 7-16-14.)

720 ILCS 5/11-14.1

    (720 ILCS 5/11-14.1)
    (Text of Section before amendment by P.A. 98-1013)
    Sec. 11-14.1. Solicitation of a sexual act.
    (a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act.
    (b) Sentence. Solicitation of a sexual act is a Class A misdemeanor. Solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly intellectually disabled is a Class 4 felony.
    (b-5) It is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is severely or profoundly intellectually disabled that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
    (Text of Section after amendment by P.A. 98-1013)
    Sec. 11-14.1. Solicitation of a sexual act.
    (a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act.
    (b) Sentence. Solicitation of a sexual act is a Class A misdemeanor. Solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly intellectually disabled is a Class 4 felony. If the court imposes a fine under this subsection (b), 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.
    (b-5) It is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is severely or profoundly intellectually disabled that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
    (c) This Section does not apply to a person engaged in prostitution who is under 18 years of age.
    (d) A person cannot be convicted under this Section if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under Section 11-14 of this Code.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; 98-1013, eff. 1-1-15.)

720 ILCS 5/11-14.2

    (720 ILCS 5/11-14.2)
    Sec. 11-14.2. (Repealed).
(Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-14.3

    (720 ILCS 5/11-14.3)
    (Text of Section before amendment by P.A. 98-1013)
    Sec. 11-14.3. Promoting prostitution.
    (a) Any person who knowingly performs any of the following acts commits promoting prostitution:
        (1) advances prostitution as defined in Section
    
11-0.1;
        (2) profits from prostitution by:
            (A) compelling a person to become a prostitute;
            (B) arranging or offering to arrange a situation
        
in which a person may practice prostitution; or
            (C) any means other than those described in
        
subparagraph (A) or (B), including from a person who patronizes a prostitute. This paragraph (C) does not apply to a person engaged in prostitution who is under 18 years of age. A person cannot be convicted of promoting prostitution under this paragraph (C) if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under Section 11-14 of this Code.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) is a Class 4
    
felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(1), or any combination of convictions under subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
    
is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony.
        (3) A violation of subdivision (a)(2)(C) is a Class 4
    
felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(2)(C), or any combination of convictions under subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of this Section (promoting prostitution), 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    (Text of Section after amendment by P.A. 98-1013)
    Sec. 11-14.3. Promoting prostitution.
    (a) Any person who knowingly performs any of the following acts commits promoting prostitution:
        (1) advances prostitution as defined in Section
    
11-0.1;
        (2) profits from prostitution by:
            (A) compelling a person to become a prostitute;
            (B) arranging or offering to arrange a situation
        
in which a person may practice prostitution; or
            (C) any means other than those described in
        
subparagraph (A) or (B), including from a person who patronizes a prostitute. This paragraph (C) does not apply to a person engaged in prostitution who is under 18 years of age. A person cannot be convicted of promoting prostitution under this paragraph (C) if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under Section 11-14 of this Code.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) is a Class 4
    
felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(1), or any combination of convictions under subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
    
is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony.
        (3) A violation of subdivision (a)(2)(C) is a Class 4
    
felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A second or subsequent violation of subdivision (a)(2)(C), or any combination of convictions under subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of this Section (promoting prostitution), 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 3 felony.
    If the court imposes a fine under this subsection (b), 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.
(Source: P.A. 98-1013, eff. 1-1-15.)

720 ILCS 5/11-14.4

    (720 ILCS 5/11-14.4)
    Sec. 11-14.4. Promoting juvenile prostitution.
    (a) Any person who knowingly performs any of the following acts commits promoting juvenile prostitution:
        (1) advances prostitution as defined in Section
    
11-0.1, where the minor engaged in prostitution, or any person engaged in prostitution in the place, is under 18 years of age or is severely or profoundly intellectually disabled at the time of the offense;
        (2) profits from prostitution by any means where the
    
prostituted person is under 18 years of age or is severely or profoundly intellectually disabled at the time of the offense;
        (3) profits from prostitution by any means where the
    
prostituted person is under 13 years of age at the time of the offense;
        (4) confines a child under the age of 18 or a
    
severely or profoundly intellectually disabled person against his or her will by the infliction or threat of imminent infliction of great bodily harm or permanent disability or disfigurement or by administering to the child or severely or profoundly intellectually disabled person, without his or her consent or by threat or deception and for other than medical purposes, any alcoholic intoxicant or a drug as defined in the Illinois Controlled Substances Act or the Cannabis Control Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act and:
            (A) compels the child or severely or profoundly
        
intellectually disabled person to engage in prostitution;
            (B) arranges a situation in which the child or
        
severely or profoundly intellectually disabled person may practice prostitution; or
            (C) profits from prostitution by the child or
        
severely or profoundly intellectually disabled person.
    (b) For purposes of this Section, administering drugs, as defined in subdivision (a)(4), or an alcoholic intoxicant to a child under the age of 13 or a severely or profoundly intellectually disabled person shall be deemed to be without consent if the administering is done without the consent of the parents or legal guardian or if the administering is performed by the parents or legal guardian for other than medical purposes.
    (c) If the accused did not have a reasonable opportunity to observe the prostituted person, it is an affirmative defense to a charge of promoting juvenile prostitution, except for a charge under subdivision (a)(4), that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
    (d) Sentence. A violation of subdivision (a)(1) is a Class 1 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class X felony. A violation of subdivision (a)(2) is a Class 1 felony. A violation of subdivision (a)(3) is a Class X felony. A violation of subdivision (a)(4) is a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A second or subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), or any combination of convictions under subdivision (a)(1), (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is a Class X felony.
    (e) Forfeiture. Any person convicted of a violation of this Section that involves promoting juvenile prostitution by keeping a place of juvenile prostitution or convicted of a violation of subdivision (a)(4) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
    (f) For the purposes of this Section, "prostituted person" means any person who engages in, or agrees or offers to engage in, any act of sexual penetration as defined in Section 11-0.1 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-15

    (720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
    Sec. 11-15. (Repealed).
(Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-15.1

    (720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1)
    Sec. 11-15.1. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-16

    (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
    Sec. 11-16. (Repealed).
(Source: P.A. 91-696, eff. 4-13-00. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-17

    (720 ILCS 5/11-17) (from Ch. 38, par. 11-17)
    Sec. 11-17. (Repealed).
(Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-17.1

    (720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1)
    Sec. 11-17.1. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-18

    (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
    (Text of Section before amendment by P.A. 98-1013)
    Sec. 11-18. Patronizing a prostitute.
    (a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits patronizing a prostitute:
        (1) Engages in an act of sexual penetration as
    
defined in Section 11-0.1 of this Code with a prostitute; or
        (2) Enters or remains in a place of prostitution with
    
intent to engage in an act of sexual penetration as defined in Section 11-0.1 of this Code; or
        (3) Engages in any touching or fondling with a
    
prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification.
    (b) Sentence.
    Patronizing a prostitute is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 3 felony.
    (c) (Blank).
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)
 
    (Text of Section after amendment by P.A. 98-1013)
    Sec. 11-18. Patronizing a prostitute.
    (a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits patronizing a prostitute:
        (1) Engages in an act of sexual penetration as
    
defined in Section 11-0.1 of this Code with a prostitute; or
        (2) Enters or remains in a place of prostitution with
    
intent to engage in an act of sexual penetration as defined in Section 11-0.1 of this Code; or
        (3) Engages in any touching or fondling with a
    
prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification.
    (b) Sentence.
    Patronizing a prostitute is a Class 4 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 3 felony. If the court imposes a fine under this subsection (b), 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.
    (c) (Blank).
(Source: P.A. 98-1013, eff. 1-1-15.)

720 ILCS 5/11-18.1

    (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
    (a) Any person who engages in an act of sexual penetration as defined in Section 11-0.1 of this Code with a person engaged in prostitution who is under 18 years of age or is a severely or profoundly intellectually disabled person commits patronizing a minor engaged in prostitution.
    (a-5) Any person who engages in any touching or fondling, with a person engaged in prostitution who either is under 18 years of age or is a severely or profoundly intellectually disabled person, of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification, commits patronizing a minor engaged in prostitution.
    (b) It is an affirmative defense to the charge of patronizing a minor engaged in prostitution that the accused reasonably believed that the person was of the age of 18 years or over or was not a severely or profoundly intellectually disabled person at the time of the act giving rise to the charge.
    (c) Sentence. A person who commits patronizing a juvenile prostitute is guilty of a Class 3 felony, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 2 felony. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 2 felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-19

    (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
    Sec. 11-19. (Repealed).
(Source: P.A. 96-1464, eff. 8-20-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-19.1

    (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
    Sec. 11-19.1. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-19.2

    (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
    Sec. 11-19.2. (Repealed).
(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-19.3

    (720 ILCS 5/11-19.3)
    Sec. 11-19.3. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 20

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

720 ILCS 5/11-20

    (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
    
anything obscene; or
        (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;
        (2) What the predominant appeal of the material would
    
be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
        (3) The artistic, literary, scientific, educational
    
or other merits of the material, or absence thereof;
        (4) The degree, if any, of public acceptance of the
    
material in this State;
        (5) Appeal to prurient interest, or absence thereof,
    
in advertising or other promotion of the material;
        (6) Purpose of the author, creator, publisher or
    
disseminator.
    (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
    
associates other than children under 18 years of age;
        (2) Was to institutions or individuals having
    
scientific or other special justification for possession of such material.
    (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

    (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 severely or profoundly intellectually disabled person where such child or severely or profoundly intellectually disabled person is:
            (i) actually or by simulation engaged in any act
        
of sexual penetration or sexual conduct with any person or animal; or
            (ii) actually or by simulation engaged in any act
        
of sexual penetration or sexual conduct involving the sex organs of the child or severely or profoundly intellectually disabled person 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 severely or profoundly intellectually disabled person and the sex organs of another person or animal; or
            (iii) actually or by simulation engaged in any
        
act of masturbation; or
            (iv) actually or by simulation portrayed as being
        
the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
            (v) actually or by simulation engaged in any act
        
of excretion or urination within a sexual context; or
            (vi) actually or by simulation portrayed or
        
depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
            (vii) depicted or portrayed in any pose, posture
        
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
        (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 severely or profoundly intellectually disabled person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly intellectually disabled person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
        (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 severely or profoundly intellectually disabled person engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
        (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 severely or profoundly intellectually disabled person 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 severely or profoundly intellectually disabled person 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
        (5) is a parent, step-parent, legal guardian or other
    
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 severely or profoundly intellectually disabled person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly intellectually disabled person 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
        (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 severely or profoundly intellectually disabled person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly intellectually disabled person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
        (7) solicits, or knowingly uses, persuades, induces,
    
entices, or coerces, a person to provide a child under the age of 18 or a severely or profoundly intellectually disabled person 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 severely or profoundly intellectually disabled person 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.
    (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 severely or profoundly intellectually disabled person 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 severely or profoundly intellectually disabled person 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.
    (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 severely or profoundly intellectually disabled person 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,
    
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.
        (2) "Produce" means to direct, promote, advertise,
    
publish, manufacture, issue, present or show.
        (3) "Reproduce" means to make a duplication or copy.
        (4) "Depict by computer" means to generate or create,
    
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.
        (5) "Depiction by computer" means 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.
        (6) "Computer", "computer program", and "data" have
    
the meanings ascribed to them in Section 16D-2 of this Code.
        (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 severely or profoundly intellectually disabled person, 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 severely or profoundly intellectually disabled person.
    (g) Re-enactment; findings; purposes.
        (1) The General Assembly finds and declares that:
            (i) Section 50-5 of Public Act 88-680, effective
        
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.
            (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.
            (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.
            (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.
        (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.
(Source: P.A. 97-157, eff. 1-1-12; 97-227, eff. 1-1-12; 97-995, eff. 1-1-13; 97-1109, eff. 1-1-13; 98-437, eff. 1-1-14.)

720 ILCS 5/11-20.1A

    (720 ILCS 5/11-20.1A)
    Sec. 11-20.1A. (Repealed).
(Source: P.A. 95-579, eff. 6-1-08. Repealed by P.A. 96-712, eff. 1-1-10.)

720 ILCS 5/11-20.1B

    (720 ILCS 5/11-20.1B)
    Sec. 11-20.1B. (Repealed).
(Source: P.A. 97-1109, eff. 1-1-13. Repealed by P.A. 97-995, eff. 1-1-13.)

720 ILCS 5/11-20.2

    (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
    Sec. 11-20.2. Duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children.
    (a) Any commercial film and photographic print processor or computer technician who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, videotape, negative, slide, computer hard drive or any other magnetic or optical media which depicts a child whom the processor or computer technician knows or reasonably should know to be under the age of 18 where such child is:
        (i) actually or by simulation engaged in any act of
    
sexual penetration or sexual conduct with any person or animal; or
        (ii) actually or by simulation engaged in any act of
    
sexual penetration or sexual conduct involving the sex organs of the child and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child and the sex organs of another person or animal; or
        (iii) actually or by simulation engaged in any act of
    
masturbation; or
        (iv) actually or by simulation portrayed as being the
    
object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
        (v) actually or by simulation engaged in any act of
    
excretion or urination within a sexual context; or
        (vi) actually or by simulation portrayed or depicted
    
as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
        (vii) depicted or portrayed in any pose, posture 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;
shall report or cause a report to be made pursuant to subsections (b) and (c) as soon as reasonably possible. Failure to make such report shall be a business offense with a fine of $1,000.
    (b) Commercial film and photographic film processors shall report or cause a report to be made to the local law enforcement agency of the jurisdiction in which the image or images described in subsection (a) are discovered.
    (c) Computer technicians shall report or cause the report to be made to the local law enforcement agency of the jurisdiction in which the image or images described in subsection (a) are discovered or to the Illinois Child Exploitation e-Tipline at reportchildporn@atg.state.il.us.
    (d) Reports required by this Act shall include the following information: (i) name, address, and telephone number of the person filing the report; (ii) the employer of the person filing the report, if any; (iii) the name, address and telephone number of the person whose property is the subject of the report, if known; (iv) the circumstances which led to the filing of the report, including a description of the reported content.
    (e) If a report is filed with the Cyber Tipline at the National Center for Missing and Exploited Children or in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Act will be deemed to have been met.
    (f) A computer technician or an employer caused to report child pornography under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct.
    (g) For the purposes of this Section, a "computer technician" is a person who installs, maintains, troubleshoots, repairs or upgrades computer hardware, software, computer networks, peripheral equipment, electronic mail systems, or provides user assistance for any of the aforementioned tasks.
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)

720 ILCS 5/11-20.3

    (720 ILCS 5/11-20.3)
    (This Section was renumbered as Section 11-20.1B by P.A. 96-1551.)
    Sec. 11-20.3. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-21

    (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.
        "Harmful to minors" means that quality of any
    
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.
        "Knowingly" means having knowledge of the contents of
    
the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
        "Material" means (i) any picture, photograph,
    
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.
        "Minor" means any person under the age of 18.
        "Nudity" means the showing of the human male or
    
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 discernably turgid state.
        "Sado-masochistic abuse" means flagellation or
    
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.
        "Sexual conduct" means acts of masturbation, sexual
    
intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
        "Sexual excitement" means the condition of human male
    
or female genitals when in a state of sexual stimulation or arousal.
    (b) A person is guilty of distributing harmful material to a minor when he or she:
        (1) knowingly sells, lends, distributes, exhibits to,
    
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:
            (A) any material which depicts nudity, sexual
        
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;
            (B) a motion picture, show, or other presentation
        
which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
            (C) an admission ticket or pass to premises where
        
there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
        (2) admits a minor to premises where there is
    
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.
    (c) In any prosecution arising under this Section, it is an affirmative defense:
        (1) that the minor as to whom the offense is alleged
    
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;
        (2) that the defendant was in a parental or
    
guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
        (3) that the defendant was a bona fide school,
    
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;
        (4) that the act charged was committed in aid of
    
legitimate scientific or educational purposes; or
        (5) that an advertisement of harmful material as
    
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."
    (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. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/11-22

    (720 ILCS 5/11-22) (from Ch. 38, par. 11-22)
    Sec. 11-22. Tie-in sales of obscene publications to distributors.
    Any person, firm or corporation, or any agent, officer or employee thereof, engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealers, who shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of a petty offense. Each publication sold or delivered in violation of this Act shall constitute a separate petty offense.
(Source: P.A. 77-2638.)

720 ILCS 5/11-23

    (720 ILCS 5/11-23)
    Sec. 11-23. Posting of identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material.
    (a) A person at least 17 years of age who knowingly discloses on an adult obscenity or child pornography Internet site the name, address, telephone number, or e-mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of posting of identifying information on a pornographic Internet site.
    (a-5) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of posting of graphic information on a pornographic Internet site. This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image.
    (a-10) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 years of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography under Section 11-20.1, is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material.
    (b) Sentence. A person who violates subsection (a) of this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense. A person who violates subsection (a-5) of this Section is guilty of a Class 4 felony. A person who violates subsection (a-10) of this Section is guilty of a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Adult obscenity or child pornography Internet
    
site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of this Code.
        (2) "Internet" has the meaning set forth in Section
    
16-0.1 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-24

    (720 ILCS 5/11-24)
    Sec. 11-24. Child photography by sex offender.
    (a) In this Section:
    "Child" means a person under 18 years of age.
    "Child sex offender" has the meaning ascribed to it in Section 11-0.1 of this Code.
    (b) It is unlawful for a child sex offender to knowingly:
        (1) conduct or operate any type of business in
    
which he or she photographs, videotapes, or takes a digital image of a child; or
        (2) conduct or operate any type of business in
    
which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child; or
        (3) photograph, videotape, or take a digital image of
    
a child, or instruct or direct another person to photograph, videotape, or take a digital image of a child without the consent of the parent or guardian.
    (c) Sentence. A violation of this Section is a Class 2 felony. A person who violates this Section at a playground, park facility, school, forest preserve, day care facility, or at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony.
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 25

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

720 ILCS 5/11-25

    (720 ILCS 5/11-25)
    (Text of Section before amendment by P.A. 98-919)
    Sec. 11-25. Grooming.
    (a) A person commits the offense of grooming when he or she knowingly uses a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child, a child's guardian, or another person believed by the person to be a child or a child's guardian, to commit any sex offense as defined in Section 2 of the Sex Offender Registration Act or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child.
    (b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 95-901, eff. 1-1-09.)
 
    (Text of Section after amendment by P.A. 98-919)
    Sec. 11-25. Grooming.
    (a) A person commits grooming when he or she knowingly uses a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child, a child's guardian, or another person believed by the person to be a child or a child's guardian, to commit any sex offense as defined in Section 2 of the Sex Offender Registration Act, to distribute photographs depicting the sex organs of the child, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child.
    (b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 98-919, eff. 1-1-15.)

720 ILCS 5/11-26

    (720 ILCS 5/11-26)
    Sec. 11-26. Traveling to meet a minor.
    (a) A person commits the offense of traveling to meet a minor when he or she travels any distance either within this State, to this State, or from this State by any means, attempts to do so, or causes another to do so or attempt to do so for the purpose of engaging in any sex offense as defined in Section 2 of the Sex Offender Registration Act, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or to attempt to seduce, solicit, lure, or entice, a child or a child's guardian, or another person believed by the person to be a child or a child's guardian, for such purpose.
    (b) Sentence. Traveling to meet a minor is a Class 3 felony.
(Source: P.A. 95-901, eff. 1-1-09.)

720 ILCS 5/11-30

    (720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
    Sec. 11-30. Public indecency.
    (a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
        (1) An act of sexual penetration or sexual conduct; or
        (2) A lewd exposure of the body done with intent to
    
arouse or to satisfy the sexual desire of the person.
    Breast-feeding of infants is not an act of public indecency.
    (b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.
    (c) Sentence.
    Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony. Public indecency is a Class 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)

720 ILCS 5/11-35

    (720 ILCS 5/11-35) (was 720 ILCS 5/11-7)
    Sec. 11-35. Adultery.
    (a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and
    (1) The person is married and knows the other person involved in such intercourse is not his spouse; or
    (2) The person is not married and knows that the other person involved in such intercourse is married.
    A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.
    (b) Sentence.
    Adultery is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-40

    (720 ILCS 5/11-40) (was 720 ILCS 5/11-8)
    Sec. 11-40. Fornication.
    (a) A person commits fornication when he or she knowingly has sexual intercourse with another not his or her spouse if the behavior is open and notorious.
    A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.
    (b) Sentence.
    Fornication is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-45

    (720 ILCS 5/11-45) (was 720 ILCS 5/11-12)
    Sec. 11-45. Bigamy and Marrying a bigamist.
    (a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries another.
    (a-5) Marrying a bigamist. An unmarried person commits marrying a bigamist when that person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State.
    (b) It shall be an affirmative defense to bigamy and marrying a bigamist that:
        (1) The prior marriage was dissolved or declared
    
invalid; or
        (2) The accused reasonably believed the prior spouse
    
to be dead; or
        (3) The prior spouse had been continually absent for
    
a period of 5 years during which time the accused did not know the prior spouse to be alive; or
        (4) The accused reasonably believed that he or she or
    
the person he or she marries was legally eligible to be married.
    (c) Sentence.
    Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 12

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

720 ILCS 5/Art. 12, Subdiv. 1

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

720 ILCS 5/12-0.1

    (720 ILCS 5/12-0.1)
    Sec. 12-0.1. Definitions. In this Article, unless the context clearly requires otherwise:
    "Bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
    "Coach" means a person recognized as a coach by the sanctioning authority that conducts an athletic contest.
    "Correctional institution employee" means a person employed by a penal institution.
    "Emergency medical technician" includes a paramedic, ambulance driver, first aid worker, hospital worker, or other medical assistance worker.
    "Family or household members" include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
    "In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting an offense.
    "Park district employee" means a supervisor, director, instructor, or other person employed by a park district.
    "Physically handicapped person" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.
    "Private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
    "Probation officer" means a person as defined in the Probation and Probation Officers Act.
    "Sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee.
    "Sports venue" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, or amusement facility, or a special event center in a public park, during the 12 hours before or after the sanctioned sporting event.
    "Streetgang", "streetgang member", and "criminal street gang" have the meanings ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    "Transit employee" means a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire.
    "Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.
    "Utility worker" means any of the following:
        (1) A person employed by a public utility as defined
    
in Section 3-105 of the Public Utilities Act.
        (2) An employee of a municipally owned utility.
        (3) An employee of a cable television company.
        (4) An employee of an electric cooperative as defined
    
in Section 3-119 of the Public Utilities Act.
        (5) An independent contractor or an employee of an
    
independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or electric cooperative.
        (6) An employee of a telecommunications carrier as
    
defined in Section 13-202 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier.
        (7) An employee of a telephone or telecommunications
    
cooperative as defined in Section 13-212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 12, Subdiv. 5

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

720 ILCS 5/12-1

    (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
    Sec. 12-1. Assault.
    (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
    (b) Sentence. Assault is a Class C misdemeanor.
    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
    This subsection does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/12-2

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

720 ILCS 5/12-2.5

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

720 ILCS 5/12-2.6

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

720 ILCS 5/12-3

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

720 ILCS 5/12-3.05

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

720 ILCS 5/12-3.1

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

720 ILCS 5/12-3.2

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

720 ILCS 5/12-3.3

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

720 ILCS 5/12-3.4

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

720 ILCS 5/12-3.5

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

720 ILCS 5/12-3.6

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

720 ILCS 5/12-4

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

720 ILCS 5/12-4.1

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

720 ILCS 5/12-4.2

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

720 ILCS 5/12-4.2-5

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

720 ILCS 5/12-4.3

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

720 ILCS 5/12-4.4

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

720 ILCS 5/Art. 12, Subdiv. 10

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

720 ILCS 5/12-4.4a

    (720 ILCS 5/12-4.4a)
    Sec. 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability.
    (a) Abuse or criminal neglect of a long term care facility resident.
        (1) A person or an owner or licensee commits abuse of
    
a long term care facility resident when he or she knowingly causes any physical or mental injury to, or commits any sexual offense in this Code against, a resident.
        (2) A person or an owner or licensee commits criminal
    
neglect of a long term care facility resident when he or she recklessly:
            (A) performs acts that cause a resident's life to
        
be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate;
            (B) fails to perform acts that he or she knows or
        
reasonably should know are necessary to maintain or preserve the life or health of a resident, and that failure causes the resident's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or
            (C) abandons a resident.
        (3) A person or an owner or licensee commits neglect
    
of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative responsibilities.
    (b) Criminal abuse or neglect of an elderly person or person with a disability.
        (1) A caregiver commits criminal abuse or neglect of
    
an elderly person or person with a disability when he or she knowingly does any of the following:
            (A) performs acts that cause the person's life to
        
be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
            (B) fails to perform acts that he or she knows or
        
reasonably should know are necessary to maintain or preserve the life or health of the person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
            (C) abandons the person;
            (D) physically abuses, harasses, intimidates, or
        
interferes with the personal liberty of the person; or
            (E) exposes the person to willful deprivation.
        (2) It is not a defense to criminal abuse or neglect
    
of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.
    (c) Offense not applicable.
        (1) Nothing in this Section applies to a physician
    
licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
        (2) Nothing in this Section imposes criminal
    
liability on a caregiver who made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his or her own was unable to provide such care.
        (3) Nothing in this Section applies to the medical
    
supervision, regulation, or control of the reme