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(720 ILCS 5/Tit. III Pt. B heading) PART B.
OFFENSES DIRECTED AGAINST THE PERSON
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(720 ILCS 5/Art. 9 heading) ARTICLE 9.
HOMICIDE
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(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) Sec. 9-1. First degree murder. (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 or she either intends to kill or do great | ||
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(2) he or she knows that such acts create a strong | ||
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(3) he or she, acting alone or with one or more | ||
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(b) (Blank). (b-5) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (h) (Blank). (h-5) (Blank). (i) (Blank). (j) (Blank). (k) (Blank). (Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(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 | ||
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(2) knew that his acts created a strong probability | ||
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(3) knew that the individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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) (blank);
(2) if the person committed the offense while armed | ||
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(3) if, during the commission of the offense, the | ||
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(4) if, during the commission of the offense, the | ||
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(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. 103-51, eff. 1-1-24.)
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(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 | ||
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(2) at the time of the killing he or she believes the | ||
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(b) Serious provocation is conduct sufficient to excite an intense
passion in a reasonable person provided, however, that an action that does not otherwise constitute serious provocation cannot qualify as serious provocation because of the discovery, knowledge, or disclosure of the victim's sexual orientation as defined in Section 1-103 of the Illinois Human Rights Act.
(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. 100-460, eff. 1-1-18.)
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(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 the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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. 101-13, eff. 6-12-19.)
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(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.
(e-15) In cases involving reckless homicide in which the defendant was operating a vehicle while failing or refusing to comply with subsection (c) of Section 11-907 of the Illinois Vehicle Code resulting in the death of a firefighter or emergency medical services personnel in the performance of his or her official duties, the penalty is a Class 2 felony. (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. 101-173, eff. 1-1-20.) |
(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.)
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(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) (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 | ||
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(2) Reckless homicide of an unborn child is a Class 3 | ||
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(c) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
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(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
Sec. 9-3.3. Drug-induced homicide.
(a) A person commits drug-induced homicide when he or she 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.
(a-5) A person commits drug-induced homicide when he or she violates the law of another jurisdiction, which if the violation had been committed in this State could be charged under 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 in this State by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. (b) Sentence. Drug-induced homicide is a Class X felony, except:
(1) A person who commits drug-induced homicide by | ||
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(2) A person who commits drug-induced homicide by | ||
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(Source: P.A. 100-404, eff. 1-1-18.)
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(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.)
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(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 heading) ARTICLE 10.
KIDNAPING AND RELATED OFFENSES
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(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 | ||
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(2) by force or threat of imminent force carries | ||
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(3) by deceit or enticement induces another to go | ||
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(b) Confinement of a child under the age of 13 years, or of a person with a severe or profound intellectual disability, 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. 99-143, eff. 7-27-15.)
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(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 | ||
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(2) takes as his or her victim a child under the age | ||
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(3) inflicts great bodily harm, other than by the | ||
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(4) wears a hood, robe, or mask or conceals his or | ||
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(5) commits the offense of kidnaping while armed with | ||
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(6) commits the offense of kidnaping while armed with | ||
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(7) during the commission of the offense of | ||
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(8) during the commission of the offense of | ||
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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. An offender under the age of 18 years at the time of the commission of aggravated kidnaping in violation of paragraphs (1) through (8) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
A person who has attained the age of 18 years at the time of the commission of the offense and 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. An offender under the age of 18 years at the time of the commission of the second or subsequent offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) "Detains" means taking or retaining physical | ||
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(2.1) "Express consent" means oral or written | ||
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(2.2) "Luring" means any knowing act to solicit, | ||
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(3) "Lawful custodian" means a person or persons | ||
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(4) "Putative father" means a man who has a | ||
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(5) "Unlawful purpose" means any misdemeanor or | ||
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(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court | ||
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(2) Intentionally violates a court order prohibiting | ||
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(3) Intentionally conceals, detains, or removes the | ||
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(4) Intentionally conceals or removes the child from | ||
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(5) At the expiration of visitation rights outside | ||
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(6) Being a parent of the child, and if the parents | ||
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(7) Being a parent of the child, and if the parents | ||
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(8) Knowingly conceals, detains, or removes the child | ||
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(9) Knowingly retains in this State for 30 days a | ||
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(10) Intentionally lures or attempts to lure a child: | ||
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(11) With the intent to obstruct or prevent efforts | ||
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(c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a | ||
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(2) the person had physical custody of the child | ||
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(3) the person was fleeing an incidence or pattern of | ||
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(4) the person lured or attempted to lure a child | ||
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(d) A person convicted of child abduction under this Section is guilty of
a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. A person convicted of a second or subsequent violation of
paragraph (10) of subsection (b) of this Section is guilty of a Class 3
felony. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense is guilty of a Class 2 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court
may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code
of Corrections if, upon sentencing, the court finds evidence of any of the
following aggravating factors:
(1) that the defendant abused or neglected the child | ||
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(2) that the defendant inflicted or threatened to | ||
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(3) that the defendant demanded payment in exchange | ||
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(4) that the defendant has previously been convicted | ||
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(5) that the defendant committed the abduction while | ||
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(6) that the defendant committed the abduction while | ||
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(e) The court may order the child to be returned to the parent or lawful
custodian from whom the child was concealed, detained, or removed. In
addition to any sentence imposed, the court may assess any reasonable
expense incurred in searching for or returning the child against any
person convicted of violating this Section.
(f) Nothing contained in this Section shall be construed to limit the
court's contempt power.
(g) Every law enforcement officer investigating an alleged incident of
child abduction shall make a written police report of any bona fide
allegation and the disposition of that investigation. Every police report
completed pursuant to this Section shall be compiled and recorded within
the meaning of Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to believe a child
abduction has occurred, she or he shall provide the lawful custodian a summary of
her or his rights under this Code, including the procedures and relief
available to her or him.
(i) If during the course of an investigation under this
Section the child is found in the physical custody of the defendant or
another, the law enforcement officer shall return the child to the parent
or lawful custodian from whom the child was concealed, detained, or removed,
unless there is good cause for the law enforcement officer or the
Department of Children and Family Services to retain temporary protective
custody of the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/10-5.1)
Sec. 10-5.1. Luring of a minor. (a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor: (1) knowing the minor is under 15 years of age; (2) with the intent to persuade, lure or transport | ||
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(3) for an unlawful purpose; (4) without the express consent of the person's | ||
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(5) with the intent to avoid the express consent of | ||
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(6) after so communicating, commits any act in | ||
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(7) is a stranger to the parents or legal guardian of | ||
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(b) A person commits the offense of luring of a minor when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor: (1) knowing the minor is under 15 years of age; (2) with the intent to persuade, lure, or transport | ||
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(3) for an unlawful purpose; (4) without the express consent of the person's | ||
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(5) with the intent to avoid the express consent of | ||
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(6) after so communicating, commits any act in | ||
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(7) is a stranger to the parents or legal guardian of | ||
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(c) Definitions. For purposes of this Section: (1) "Emergency situation" means a situation in which | ||
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(2) "Express consent" means oral or written | ||
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(3) "Contacts or communicates electronically" | ||
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(4) "Luring" shall mean any knowing act to solicit, | ||
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(5) "Minor" shall mean any person under the age of 15. (6) "Stranger" shall have its common and ordinary | ||
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(7) "Unlawful purpose" shall mean any misdemeanor or | ||
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(d) This Section may not be interpreted to criminalize an act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization. (e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children. (f) Affirmative defenses. (1) It shall be an affirmative defense to any offense | ||
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(2) It shall be an affirmative defense to any offense | ||
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(3) It shall not be a defense to the prosecution of | ||
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(g) Penalties. (1) A first offense of luring of a minor under | ||
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(2) A first offense of luring of a minor under | ||
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(3) A second or subsequent offense of luring of a | ||
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(4) A third or subsequent offense is a Class 1 | ||
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(h) For violations of subsection (a), jurisdiction shall be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.
(Source: P.A. 95-625, eff. 6-1-08.) |
(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 | ||
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(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 | ||
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(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 | ||
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(2) the act was committed with the mutual consent of | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) knowingly arranges for travel to any location on | ||
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(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) (Text of Section before amendment by P.A. 104-159) Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses. (a) Definitions. In this Section: (1) "Intimidation" has the meaning prescribed in Section 12-6. (2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.
(2.5) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exist for the purpose of making profit. (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. (4) (Blank). (5) "Labor" means work of economic or financial value. (6) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service. (7) "Obtain" means, in relation to labor or services, to secure performance thereof. (7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (8) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution. (9) "Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. (10) "Trafficking victim" means a person subjected to the practices set forth in subsection (b), (c), or (d). (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means: (1) causes or threatens to cause physical harm to any | ||
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(2) physically restrains or threatens to physically | ||
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(3) abuses or threatens to abuse the law or legal | ||
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(4) knowingly destroys, conceals, removes, | ||
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(5) uses intimidation, or exerts financial control | ||
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(6) uses any scheme, plan, or pattern intended to | ||
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Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. (c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and: (1) there is no overt force or threat and the minor | ||
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(2) there is no overt force or threat and the minor | ||
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(3) there is overt force or threat. Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony. (d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection by a person is a Class 1 felony. A violation of this subsection by a company is a business offense for which a fine of up to $100,000 may be imposed. (e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony. (f) Sentencing considerations. (1) Bodily injury. If, pursuant to a violation of | ||
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(2) Number of victims. In determining sentences | ||
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(g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater. (g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections. (h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
(i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative. (j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (Source: P.A. 101-18, eff. 1-1-20.) (Text of Section after amendment by P.A. 104-159) Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses. (a) Definitions. In this Section: (1) "Intimidation" has the meaning prescribed in Section 12-6. (2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person. (2.5) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exist for the purpose of making profit. (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. (4) (Blank). (5) "Labor" means work of economic or financial value. (6) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service. (7) "Obtain" means, in relation to labor or services, to secure performance thereof. (7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (8) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution. (9) "Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. (10) "Trafficking victim" means a person subjected to the practices set forth in subsection (b), (c), or (d). (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means: (1) causes or threatens to cause physical harm to any | ||
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(2) physically restrains or threatens to physically | ||
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(3) abuses or threatens to abuse the law or legal | ||
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(4) attempts to or knowingly destroys, conceals, | ||
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(5) uses intimidation, abuses a position of trust, | ||
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(6) uses any scheme, plan, or pattern intended to | ||
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Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. (c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and: (1) there is no overt force or threat and the minor | ||
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(2) there is no overt force or threat and the minor | ||
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(3) there is overt force or threat. Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony. (d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection by a person is a Class 1 felony. A violation of this subsection by a company is a business offense for which a fine of up to $100,000 may be imposed. (e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony. (f) Sentencing considerations. (1) Bodily injury. If, pursuant to a violation of | ||
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(2) Number of victims. In determining sentences | ||
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(3) Age of victim. In determining sentences, the | ||
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(g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater. (g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections. (h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section. (i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative. (j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (Source: P.A. 104-159, eff. 1-1-26.) |
(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, | ||
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(2) the parent, legal guardian, or caretaker calls | ||
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(3) the parent, legal guardian, or caretaker knows | ||
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(4) the parent, legal guardian, or caretaker is | ||
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(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 heading)
ARTICLE 10A.
(Repealed)
(Source: Repealed by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/Art. 11 heading) ARTICLE 11.
SEX OFFENSES
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(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) (Text of Section from P.A. 103-1071) 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 person engaged in the sex trade | ||
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(A) Soliciting another for the purpose of | ||
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(B) Arranging or offering to arrange a meeting of | ||
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(C) Directing another to a place knowing the | ||
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(2) Keeping a place of prostitution by controlling or | ||
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(A) Knowingly granting or permitting the use of | ||
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(B) Granting or permitting the use of the place | ||
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(C) Permitting the continued use of the place | ||
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"Agency". See Section 11-9.5. "Arranges". See Section 11-6.5. "Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence. "Care and custody". See Section 11-9.5. "Child care institution". See Section 11-9.3. "Child pornography". See Section 11-20.1. "Child sex offender". See Section 11-9.3. "Community agency". See Section 11-9.5. "Conditional release". See Section 11-9.2. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. "Custody". See Section 11-9.2. "Day care center". See Section 11-9.3. "Depict by computer". See Section 11-20.1. "Depiction by computer". See Section 11-20.1. "Disseminate". See Section 11-20.1. "Distribute". See Section 11-21. "Family member" means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months. "Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations: (1) when the accused threatens to use force or | ||
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(2) when the accused overcomes the victim by use of | ||
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"Harmful to minors". See Section 11-21. "Loiter". See Section 9.3. "Material". See Section 11-21. "Minor". See Section 11-21. "Nudity". See Section 11-21. "Obscene". See Section 11-20. "Part day child care facility". See Section 11-9.3. "Penal system". See Section 11-9.2. "Person responsible for the child's welfare". See Section 11-9.1A. "Person with a disability". See Section 11-9.5. "Playground". See Section 11-9.3. "Probation officer". See Section 11-9.2. "Produce". See Section 11-20.1. "Profit from prostitution" means, when acting other than as a person engaged in the sex trade, to receive anything of value for personally rendered prostitution services or to receive anything of value from a person engaged in the sex trade, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution. "Public park". See Section 11-9.3. "Public place". See Section 11-30. "Reproduce". See Section 11-20.1. "Sado-masochistic abuse". See Section 11-21. "School". See Section 11-9.3. "School official". See Section 11-9.3. "Sexual abuse". See Section 11-9.1A. "Sexual act". See Section 11-9.1. "Sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused. "Sexual excitement". See Section 11-21. "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. "Solicit". See Section 11-6. "State-operated facility". See Section 11-9.5. "Supervising officer". See Section 11-9.2. "Surveillance agent". See Section 11-9.2. "Treatment and detention facility". See Section 11-9.2. "Unable to give knowing consent" includes when the accused administers any intoxicating or anesthetic substance, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition was known, or reasonably should have been known by the accused. "Unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets any one of the following conditions: (1) was unconscious or asleep; (2) was not aware, knowing, perceiving, or cognizant | ||
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(3) was not aware, knowing, perceiving, or cognizant | ||
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(4) was not aware, knowing, perceiving, or cognizant | ||
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A victim is presumed "unable to give knowing consent" when the victim: (1) is committed to the care and custody or | ||
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(2) is committed to or placed with the Department of | ||
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(3) is a client or patient and the accused is a | ||
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(4) is a resident or inpatient of a residential | ||
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(5) is detained or otherwise in the custody of a | ||
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"Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23; 103-1071, eff. 7-1-25.) (Text of Section from P.A. 104-245) 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 sexual abuse material Internet site". See Section 11-23. "Advance prostitution" means: (1) Soliciting for a prostitute by performing any of | ||
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(A) Soliciting another for the purpose of | ||
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(B) Arranging or offering to arrange a meeting of | ||
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(C) Directing another to a place knowing the | ||
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(2) Keeping a place of prostitution by controlling or | ||
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(A) Knowingly granting or permitting the use of | ||
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(B) Granting or permitting the use of the place | ||
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(C) Permitting the continued use of the place | ||
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"Agency". See Section 11-9.5. "Arranges". See Section 11-6.5. "Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence. "Care and custody". See Section 11-9.5. "Child care institution". See Section 11-9.3. "Child sexual abuse material". See Section 11-20.1. "Child sex offender". See Section 11-9.3. "Community agency". See Section 11-9.5. "Conditional release". See Section 11-9.2. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. "Custody". See Section 11-9.2. "Day care center". See Section 11-9.3. "Depict by computer". See Section 11-20.1. "Depiction by computer". See Section 11-20.1. "Disseminate". See Section 11-20.1. "Distribute". See Section 11-21. "Family member" means a parent, grandparent, child, sibling, 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 3 months. "Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations: (1) when the accused threatens to use force or | ||
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(2) when the accused overcomes the victim by use of | ||
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"Harmful to minors". See Section 11-21. "Loiter". See Section 9.3. "Material". See Section 11-21. "Minor". See Section 11-21. "Nudity". See Section 11-21. "Obscene". See Section 11-20. "Part day child care facility". See Section 11-9.3. "Penal system". See Section 11-9.2. "Person responsible for the child's welfare". See Section 11-9.1A. "Person with a disability". See Section 11-9.5. "Playground". See Section 11-9.3. "Probation officer". See Section 11-9.2. "Produce". See Section 11-20.1. "Profit from prostitution" means, when acting other than as a prostitute, to receive anything of value for personally rendered prostitution services or to receive anything of value from a prostitute, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution. "Public park". See Section 11-9.3. "Public place". See Section 11-30. "Reproduce". See Section 11-20.1. "Sado-masochistic abuse". See Section 11-21. "School". See Section 11-9.3. "School official". See Section 11-9.3. "Sexual abuse". See Section 11-9.1A. "Sexual act". See Section 11-9.1. "Sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused. "Sexual excitement". See Section 11-21. "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. "Solicit". See Section 11-6. "State-operated facility". See Section 11-9.5. "Supervising officer". See Section 11-9.2. "Surveillance agent". See Section 11-9.2. "Treatment and detention facility". See Section 11-9.2. "Unable to give knowing consent" includes, but is not limited to, when the victim was asleep, unconscious, or unaware of the nature of the act such that the victim could not give voluntary and knowing agreement to the sexual act. "Unable to give knowing consent" also includes when the accused administers any intoxicating or anesthetic substance, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition was known, or reasonably should have been known by the accused. "Unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets any one of the following conditions: (1) was unconscious or asleep; (2) was not aware, knowing, perceiving, or cognizant | ||
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(3) was not aware, knowing, perceiving, or cognizant | ||
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(4) was not aware, knowing, perceiving, or cognizant | ||
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It is inferred that a victim is unable to give knowing consent when the victim: (1) is committed to the care and custody or | ||
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(2) is committed to or placed with the Department of | ||
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(3) is a client or patient and the accused is a | ||
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(4) is a resident or inpatient of a residential | ||
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(5) is detained or otherwise in the custody of a | ||
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"Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.(Source: P.A. 104-245, eff. 1-1-26.) |
(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) (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 | ||
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(2) after an indictment is returned charging an | ||
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(3) after a finding that a defendant charged with a | ||
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(4) after the request of the victim of the violation | ||
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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 | ||
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(2) An offer to the victim of testing for the | ||
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(3) A disclosure to the victim that all controlled | ||
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(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample | ||
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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) (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 | ||
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(3) is a family member of the victim, and the victim | ||
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(4) is 17 years of age or over and holds a position | ||
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(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony, | ||
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(A) A person who is convicted of the offense of | ||
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(B) A person who has attained the age of 18 years | ||
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(C) A second or subsequent conviction for a | ||
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(Source: P.A. 99-69, eff. 1-1-16.)
|
(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 | ||
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(2) the person causes bodily harm to the victim, | ||
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(3) the person acts in a manner that threatens or | ||
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(4) the person commits the criminal sexual assault | ||
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(5) the victim is 60 years of age or older; (6) the victim is a person with a physical disability; (7) the person delivers (by injection, inhalation, | ||
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(8) the person is armed with a firearm; (9) the person personally discharges a firearm during | ||
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(10) the person personally discharges a firearm | ||
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(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 person with a severe or profound intellectual disability.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation | ||
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(2) A person who has attained the age of 18 years at | ||
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(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(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 | ||
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(A) is armed with a firearm; (B) personally discharges a firearm during the | ||
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(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, | ||
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(b) Sentence.
(1) A person convicted of a violation of subsection | ||
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(1.1) A person convicted of a violation of subsection | ||
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(1.2) A person who has attained the age of 18 years | ||
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(2) A person who has attained the age of 18 years at | ||
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(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 98-903, eff. 8-15-14; 99-69, eff. 1-1-16.) |
(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 | ||
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(2) commits an act of sexual conduct and knows that | ||
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(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.)
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(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 | ||
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(2) the person causes bodily harm to the victim; (3) the victim is 60 years of age or older; (4) the victim is a person with a physical disability; (5) the person acts in a manner that threatens or | ||
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(6) the person commits the criminal sexual abuse | ||
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(7) the person delivers (by injection, inhalation, | ||
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(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) | ||
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(2) that person is under 17 years of age and: (i) | ||
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(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
person with a severe or profound intellectual disability.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who is 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 for a violation of subsection (a), (b), (c), (d) or (e) of this Section is a Class 2 felony. Aggravated criminal sexual abuse for a violation of subsection (f) of this Section is a Class 1 felony.
(Source: P.A. 102-567, eff. 1-1-22.)
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(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.
(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. 102-567, eff. 1-1-22.)
|
(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 | ||
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(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 | ||
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(2) "wholesale distributor" means any individual, | ||
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(3) "producer" means any individual, partnership, | ||
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(4) "manufacturer" means any individual, partnership, | ||
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(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) (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, | ||
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"Child" means a person under 17 years of age.
"Internet" has the meaning set forth in Section | ||
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"Sexual penetration" or "sexual conduct" are defined | ||
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(c) Sentence. Indecent solicitation of a child under subsection (a) is:
(1) a Class 1 felony when the act, if done, would be | ||
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(2) a Class 2 felony when the act, if done, would be | ||
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(3) a Class 3 felony when the act, if done, would be | ||
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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)
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 | ||
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the | ||
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(2) Arranges for a person 17 years of age or over to | ||
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under the | ||
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(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X | ||
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(2) Violation of paragraph (a)(1)(ii) is a Class 1 | ||
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(3) Violation of paragraph (a)(2)(i) is a Class 2 | ||
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(4) Violation of paragraph (a)(2)(ii) is a Class A | ||
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(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) 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 17-0.5 of this Code.
(Source: P.A. 101-87, eff. 1-1-20.) |
(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) (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) (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 heading)
SUBDIVISION 10. VULNERABLE VICTIM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1) (Text of Section before amendment by P.A. 104-245) 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 | ||
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(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. "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 | ||
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(2) Sexual exploitation of a child is a Class 4 | ||
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(3) Sexual exploitation of a child is a Class 4 | ||
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(4) Sexual exploitation of a child is a Class 4 | ||
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(Source: P.A. 102-168, eff. 7-27-21.) (Text of Section after amendment by P.A. 104-245) 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; (2) exposes his or her sex organs, anus or breast for | ||
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(3) knowingly entices, coerces, or persuades a child | ||
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(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. "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 | ||
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(2) Sexual exploitation of a child is a Class 4 | ||
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(3) Sexual exploitation of a child is a Class 4 | ||
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(4) Sexual exploitation of a child is a Class 4 | ||
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(5) A violation of paragraph (3) of subsection (a) is | ||
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(Source: P.A. 104-245, eff. 1-1-26.) |
(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) 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)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits custodial sexual misconduct
when: (1) he or
she is an employee of a penal system and engages in sexual conduct or sexual
penetration with a person who is in the custody of that penal system; (2)
he or she is an employee of a treatment and detention facility and engages in
sexual conduct or sexual penetration with a person who is in the custody of
that
treatment and detention facility; or (3) he or she is an employee of a law enforcement agency and engages in sexual conduct or sexual penetration with a person who is in the custody of a law enforcement agency or employee.
(b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial
sexual misconduct when the probation or supervising officer, surveillance
agent, or aftercare specialist engages in sexual
conduct or sexual penetration with a probationer, parolee, or releasee or
person serving a term of conditional release who is
under the supervisory, disciplinary, or custodial authority of the
officer or agent or employee so
engaging in the sexual conduct or sexual penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section immediately shall forfeit
his or her employment with a law enforcement agency, a penal system, a treatment and detention facility,
or a conditional release program.
(e) In this Section, the consent of the probationer, parolee,
releasee, inmate in custody of the penal system or person detained or
civilly committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee
shall not be a defense to a
prosecution under this Section. A person is deemed incapable of consent, for
purposes of this Section, when he or she is a probationer, parolee, releasee,
inmate in custody of a penal system or person detained or civilly
committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer, | ||
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(2) Any employee, probation or supervising officer, | ||
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(g) In this Section:
(0.5) "Aftercare specialist" means any person | ||
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(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence | ||
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(iii) parole, aftercare release, or mandatory | ||
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(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in | ||
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(vii) detention or arrest by a law enforcement | ||
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(2) "Penal system" means any system which includes | ||
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(2.1) "Treatment and detention facility" means any | ||
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(2.2) "Conditional release" means a program of | ||
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(3) "Employee" means:
(i) an employee of any governmental agency of | ||
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(ii) a contractual employee of a penal system as | ||
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(iii) a contractual employee of a "treatment and | ||
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(iv) an employee of a law enforcement agency. (3.5) "Law enforcement agency" means an agency of the | ||
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(4) "Sexual conduct" or "sexual penetration" means | ||
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(5) "Probation officer" means any person employed in | ||
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(6) "Supervising officer" means any person employed | ||
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(7) "Surveillance agent" means any person employed or | ||
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(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18; 101-81, eff. 7-12-19.)
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(720 ILCS 5/11-9.2-1) (Section scheduled to be repealed on January 1, 2028) Sec. 11-9.2-1. Lewd sexual display in a penal institution. (a) A person commits lewd sexual display in a penal institution when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the genitals or anus, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. For purposes of this Section, "penal institution" does not include a facility of the Department of Juvenile Justice or a juvenile detention facility. (b) Sentence. Lewd sexual display in a penal institution is a Class A misdemeanor. A person convicted of a second or subsequent violation for lewd sexual display in a penal institution is guilty of a Class 4 felony. (c) A person charged with a violation of this Section shall be eligible for an evaluation for a mental health court program under the Mental Health Court Treatment Act, the provisions of Section 20 of that Act notwithstanding, and shall be given an eligibility screening and an assessment, pursuant to the provisions of Section 25 of the Mental Health Court Treatment Act, administered by a qualified mental health court professional independent of the penal institution where the individual is in custody. (d) Notwithstanding the provisions of subsection (e) of Section 25 of the Mental Health Court Treatment Act, a person who has been charged with a violation of this Section shall not be liable for any fines, fees, costs, or restitution unless the person fails to successfully complete that person's court-ordered mental health court treatment program. (e) All charges against a person for a violation of this Section shall be dismissed upon the court's determination that the person has successfully completed the person's court-ordered mental health court treatment program. Unwillingness to participate in a court-ordered mental health court treatment program may result in prosecution under this Section. Failure to complete a mental health treatment court program shall have the consequences prescribed by the rules and regulations of that treatment court program. (f) A person is not guilty of a violation of this Section for engaging in the conduct prohibited by this Section, if any of the following are true: (1) the person is under 18 years of age or not | ||
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(2) the person suffered from a behavioral health | ||
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(3) the person was not in the actual presence or view | ||
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(g) This Section is repealed on January 1, 2028. (Source: P.A. 103-283, eff. 1-1-24.) |
(720 ILCS 5/11-9.2-2) (Section scheduled to be repealed on January 1, 2028) Sec. 11-9.2-2. Lewd sexual display in a penal institution annual report; sunset date. (a) The Illinois Criminal Justice Information Authority shall compile data provided to it pursuant to this Section and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. The Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. (b) The following data shall be provided to the Illinois Criminal Justice Information Authority on or before October 1 of each year: (1) each penal institution shall provide the number | ||
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(2) each county State's Attorney shall provide the | ||
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(c) This Section is repealed on January 1, 2028.(Source: P.A. 103-283, eff. 1-1-24.) |
(720 ILCS 5/11-9.3) (Text of Section from P.A. 103-1071) Sec. 11-9.3. Presence within school zone by child sex offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited. (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. (a-5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. (a-10) It is unlawful for a child sex offender to knowingly be present in any public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds. (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. (b-2) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park while persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds. (b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before July 7, 2000 (the effective date of Public Act 91-911). (b-10) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child sex offender and was purchased before July 7, 2000. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821). (b-15) It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b-15) prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before August 22, 2002. This subsection (b-15) does not apply if the victim of the sex offense is 21 years of age or older. (b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age. (c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home. This does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated. (c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present. (c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present. (c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820). (c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis. (c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle. (d) Definitions. In this Section: (1) "Child sex offender" means any person who: (i) has been charged under Illinois law, or any | ||
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(A) is convicted of such offense or an | ||
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(B) is found not guilty by reason of insanity | ||
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(C) is found not guilty by reason of insanity | ||
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(D) is the subject of a finding not resulting | ||
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(E) is found not guilty by reason of insanity | ||
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(F) is the subject of a finding not resulting | ||
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(ii) is certified as a sexually dangerous person | ||
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(iii) is subject to the provisions of Section 2 | ||
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Convictions that result from or are connected with | ||
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(2) Except as otherwise provided in paragraph (2.5), | ||
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(i) A violation of any of the following Sections | ||
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(ii) A violation of any of the following Sections | ||
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(iii) A violation of any of the following | ||
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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 | ||
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(2.5) For the purposes of subsections (b-5) and | ||
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(i) A violation of any of the following Sections | ||
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10-5(b)(10) (child luring), 10-7 (aiding or | ||
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(ii) A violation of any of the following Sections | ||
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(iii) A violation of any of the following | ||
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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 | ||
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(3) A conviction for an offense of federal law or the | ||
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(4) "Authorized emergency vehicle", "rescue vehicle", | ||
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(5) "Child care institution" has the meaning ascribed | ||
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(6) "Day care center" has the meaning ascribed to it | ||
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(7) "Day care home" has the meaning ascribed to it in | ||
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(8) "Facility providing programs or services directed | ||
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(9) "Group day care home" has the meaning ascribed to | ||
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(10) "Internet" has the meaning set forth in Section | ||
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(11) "Loiter" means: (i) Standing, sitting idly, whether or not the | ||
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(ii) Standing, sitting idly, whether or not the | ||
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(iii) Entering or remaining in a building in or | ||
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(12) "Part day child care facility" has the meaning | ||
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(13) "Playground" means a piece of land owned or | ||
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(14) "Public park" includes a park, forest preserve, | ||
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(15) "School" means a public or private preschool or | ||
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(16) "School official" means the principal, a | ||
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(e) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering. (f) Sentence. A person who violates this Section is guilty of a Class 4 felony.(Source: P.A. 102-997, eff. 1-1-23; 103-1071, eff. 7-1-25.) (Text of Section from P.A. 104-245) Sec. 11-9.3. Presence within school zone by child sex offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited. (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. (a-5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. (a-10) It is unlawful for a child sex offender to knowingly be present in any public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds. (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. (b-2) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park while persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds. (b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before July 7, 2000 (the effective date of Public Act 91-911). (b-10) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child sex offender and was purchased before July 7, 2000. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821). (b-15) It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b-15) prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before August 22, 2002. This subsection (b-15) does not apply if the victim of the sex offense is 21 years of age or older. (b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age. (c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home. This does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated. (c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present. (c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present. (c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820). (c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis. (c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle. (d) Definitions. In this Section: (1) "Child sex offender" means any person who: (i) has been charged under Illinois law, or any | ||
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(A) is convicted of such offense or an | ||
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(B) is found not guilty by reason of insanity | ||
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(C) is found not guilty by reason of insanity | ||
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(D) is the subject of a finding not resulting | ||
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(E) is found not guilty by reason of insanity | ||
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(F) is the subject of a finding not resulting | ||
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(ii) is certified as a sexually dangerous person | ||
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(iii) is subject to the provisions of Section 2 | ||
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Convictions that result from or are connected with | ||
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(2) Except as otherwise provided in paragraph (2.5), | ||
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(i) A violation of any of the following Sections | ||
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(ii) A violation of any of the following Sections | ||
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(iii) A violation of any of the following | ||
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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 | ||
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(2.5) For the purposes of subsections (b-5) and | ||
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(i) A violation of any of the following Sections | ||
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10-5(b)(10) (child luring), 10-7 (aiding or | ||
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(ii) A violation of any of the following Sections | ||
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(iii) A violation of any of the following | ||
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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 | ||
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(3) A conviction for an offense of federal law or the | ||
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(4) "Authorized emergency vehicle", "rescue vehicle", | ||
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(5) "Child care institution" has the meaning ascribed | ||
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(6) "Day care center" has the meaning ascribed to it | ||
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(7) "Day care home" has the meaning ascribed to it in | ||
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(8) "Facility providing programs or services directed | ||
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(9) "Group day care home" has the meaning ascribed to | ||
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(10) "Internet" has the meaning set forth in Section | ||
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(11) "Loiter" means: (i) Standing, sitting idly, whether or not the | ||
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(ii) Standing, sitting idly, whether or not the | ||
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(iii) Entering or remaining in a building in or | ||
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(12) "Part day child care facility" has the meaning | ||
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(13) "Playground" means a piece of land owned or | ||
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(14) "Public park" includes a park, forest preserve, | ||
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(15) "School" means a public or private preschool or | ||
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(16) "School official" means the principal, a | ||
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(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. 104-245, eff. 1-1-26.) |
(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) 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 | ||
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"Public park" includes a park, forest preserve, | ||
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"Loiter" means: (i) Standing, sitting idly, whether or not the | ||
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(ii) Standing, sitting idly, whether or not the | ||
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"Sexual predator" has the meaning ascribed to it in | ||
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(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) 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 | ||
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(ii) a person diagnosed with a mental illness as | ||
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(2) "State-operated facility" means: (i) a developmental disability facility as | ||
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(ii) a mental health facility as defined in the | ||
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(3) "Community agency" or "agency" means any | ||
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(4) "Care and custody" means admission to a | ||
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(5) "Employee" means: (i) any person employed by the Illinois | ||
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(ii) any person employed by a community agency | ||
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(iii) any person who is a contractual employee or | ||
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(6) "Sexual conduct" or "sexual penetration" means | ||
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(b) A person commits sexual misconduct with a person with a disability when: (1) he or she is an employee and knowingly engages in | ||
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(2) he or she is an employee of a community agency | ||
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(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 | ||
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(2) any State employee or community agency employee | ||
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(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) (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 | ||
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(2) The person knows that he or she is related to the | ||
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(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.)
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(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.)
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(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.)
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(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) (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).
(c-5) It is an affirmative defense to a charge under this Section that the accused engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons as defined in Section 10-9 of this Code. (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. 98-164, eff. 1-1-14; 98-538, eff. 8-23-13; 98-756, eff. 7-16-14; 99-109, eff. 7-22-15.) |
(720 ILCS 5/11-14.1) 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 a person with a severe or profound intellectual disability 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) (Blank). (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. 102-939, eff. 1-1-23.) |
(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) 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 | ||
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(2) profits from prostitution by: (A) compelling a person to become a person | ||
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(B) arranging or offering to arrange a situation | ||
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(C) any means other than those described in | ||
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(b) Sentence. (1) A violation of subdivision (a)(1) is a Class 4 | ||
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(2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | ||
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(3) A violation of subdivision (a)(2)(C) is a Class 4 | ||
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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. 103-1071, eff. 7-1-25.) |
(720 ILCS 5/11-14.4) Sec. 11-14.4. Promoting commercial sexual exploitation of a child. (a) Any person who knowingly performs any of the following acts commits promoting commercial sexual exploitation of a child: (1) advances prostitution as defined in Section | ||
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(2) profits from prostitution by any means where the | ||
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(3) profits from prostitution by any means where the | ||
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(4) confines a child under the age of 18 or a person | ||
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(A) compels the child or the person with a severe | ||
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(B) arranges a situation in which the child or | ||
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(C) profits from prostitution by the child or the | ||
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(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 person with a severe or profound intellectual disability 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 person engaged in the sex trade, it is an affirmative defense to a charge of promoting commercial sexual exploitation of a child, 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 person with a severe or profound intellectual disability 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 person engaged in the sex trade), 11-15.1 (soliciting for a sexually exploited child), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of commercial sexual exploitation of a child), 11-18 (patronizing a person engaged in the sex trade), 11-18.1 (patronizing a sexually exploited child), 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 commercial sexual exploitation of a child by keeping a place of commercial sexual exploitation of a child 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, "person engaged in the sex trade" 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. 103-1071, eff. 7-1-25.) |
(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) (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) (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.)
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(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) (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) (from Ch. 38, par. 11-18) Sec. 11-18. Patronizing a person engaged in the sex trade. (a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits patronizing a person engaged in the sex trade: (1) Engages in an act of sexual penetration as | ||
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(2) Enters or remains in a place of prostitution with | ||
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(3) Engages in any touching or fondling with a person | ||
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(b) Sentence. Patronizing a person engaged in the sex trade 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 commercial sexual exploitation of a child), 11-15 (soliciting for a person engaged in the sex trade), 11-15.1 (soliciting for a sexually exploited child), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of commercial sexual exploitation of a child), 11-18.1 (patronizing a sexually exploited child), 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. 103-1071, eff. 7-1-25.) |
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) Sec. 11-18.1. Patronizing a sexually exploited child. (a) Any person who engages in an act of sexual penetration as defined in Section 11-0.1 of this Code with a person who is under 18 years of age engaged in prostitution or is a person with a severe or profound intellectual disability commits patronizing a sexually exploited child. (a-5) Any person who engages in any touching or fondling, with a person engaged in prostitution who either is a sexually exploited child or is a person with a severe or profound intellectual disability, of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification, commits patronizing a sexually exploited child. (b) It is an affirmative defense to the charge of patronizing a sexually exploited child that the accused reasonably believed that the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. (c) Sentence. A person who commits patronizing a sexually exploited child 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 commercial sexual exploitation of a child), 11-15 (soliciting for a person engaged in the sex trade), 11-15.1 (soliciting for a sexually exploited child), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of commercial sexual exploitation of a child), 11-18 (patronizing a person engaged in the sex trade), 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. 103-1071, eff. 7-1-25.) |
(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) (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) (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) 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 heading)
SUBDIVISION 20. PORNOGRAPHY OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(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 | ||
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(2) Presents or directs an obscene play, dance or | ||
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(3) Publishes, exhibits or otherwise makes available | ||
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(4) Performs an obscene act or otherwise presents an | ||
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(5) Creates, buys, procures or possesses obscene | ||
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(6) Advertises or otherwise promotes the sale of | ||
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(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 | ||
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(2) What the predominant appeal of the material would | ||
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(3) The artistic, literary, scientific, educational | ||
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(4) The degree, if any, of public acceptance of the | ||
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(5) Appeal to prurient interest, or absence thereof, | ||
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(6) Purpose of the author, creator, publisher or | ||
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(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a
Class 4 felony.
(e) Permissive Inference.
The trier of fact may infer an intent to disseminate from the creation, purchase, procurement or possession of a mold, engraved
plate or other embodiment of obscenity specially adapted for reproducing
multiple copies, or the possession of more than 3 copies of obscene
material.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal | ||
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(2) Was to institutions or individuals having | ||
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(g) Forfeiture of property. A person who has been convicted
previously of the offense of obscenity and who is convicted of a
second or subsequent offense of obscenity is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1) (Text of Section from P.A. 103-1081) Sec. 11-20.1. Child pornography. (a) A person commits child pornography who: (1) films, videotapes, photographs, or otherwise | ||
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(i) actually or by simulation engaged in any act | ||
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(ii) actually or by simulation engaged in any act | ||
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(iii) actually or by simulation engaged in any | ||
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(iv) actually or by simulation portrayed as being | ||
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(v) actually or by simulation engaged in any act | ||
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(vi) actually or by simulation portrayed or | ||
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(vii) depicted or portrayed in any pose, posture | ||
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(2) with the knowledge of the nature or content | ||
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(3) with knowledge of the subject matter or theme | ||
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(4) solicits, uses, persuades, induces, entices, or | ||
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(5) is a parent, step-parent, legal guardian or other | ||
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(6) with knowledge of the nature or content thereof, | ||
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(7) solicits, or knowingly uses, persuades, induces, | ||
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(a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other. (b)(1) It shall be an affirmative defense to a charge of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a person with a severe or profound intellectual disability but only where, prior to the act or acts giving rise to a prosecution under this Section, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a person with a severe or profound intellectual disability and his or her reliance upon the information so obtained was clearly reasonable. (1.5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (2) (Blank). (3) The charge of child pornography shall not apply to the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. A motion to view the evidence shall comply with subsection (e-5) of this Section. (3.5) The charge of child pornography does not apply to the creator of a film, video, photograph, or other similar visual image or depiction in which the creator is the sole subject of the film, video, photograph, or other similar visual image or depiction. (4) If the defendant possessed more than one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them. (5) The charge of child pornography does not apply to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a film, videotape, or visual reproduction or depiction for a sufficient time to be able to terminate his or her possession. (6) Any violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) that includes a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context shall be deemed a crime of violence. (c) If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class X felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class X felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (6) of subsection (a) is a Class 3 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. (c-5) Where the child depicted is under the age of 13, a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a person who commits a violation of paragraph (6) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact. (d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person. The examiner shall report to the court whether treatment of the person is necessary. (e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 or a person with a severe or profound intellectual disability engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft. In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (e-5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e-5) may object to the motion. (f) Definitions. For the purposes of this Section: (1) "Disseminate" means (i) to sell, distribute, | ||
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(2) "Produce" means to direct, promote, advertise, | ||
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(3) "Reproduce" means to make a duplication or copy. (4) "Depict by computer" means to generate or create, | ||
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(5) "Depiction by computer" means a computer program | ||
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(6) "Computer", "computer program", and "data" have | ||
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(7) For the purposes of this Section, "child | ||
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(g) Re-enactment; findings; purposes. (1) The General Assembly finds and declares that: (i) Section 50-5 of Public Act 88-680, effective | ||
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(ii) In addition, Public Act 88-680 was entitled | ||
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(iii) On September 22, 1998, the Third District | ||
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(iv) Child pornography is a vital concern to the | ||
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(2) It is the purpose of this amendatory Act of 1999 | ||
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(3) This amendatory Act of 1999 re-enacts Section | ||
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(4) The re-enactment by this amendatory Act of 1999 | ||
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(Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25; 103-1081, eff. 3-21-25.) (Text of Section from P.A. 104-245) Sec. 11-20.1. Child sexual abuse material. (a) Recognizing the enormous negative societal impact that sexually explicit visual depictions of children engaged in sexual abuse activities have on the children who are abused, and the overarching broader impact these materials and imagery have at various levels to the public, especially when this material is disseminated, we are changing all references in Illinois statutes from "child pornography" to "child sexual abuse material". It is important that the statutes of the State of Illinois reflect the content and realities of these materials as the sexual abuse and exploitation of children. The word "pornography" implied legality involving "consent" of which this imagery is not, as children can never "consent" to sexual abuse and sexual exploitation. This name change is not a change in meaning, definitions, statutes or application of the laws of this State and all previous references to "child pornography" are now encapsulated in "child sexual abuse materials". A person commits child sexual abuse material who: (1) films, videotapes, photographs, or otherwise | ||
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(i) actually or by simulation engaged in any act | ||
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(ii) actually or by simulation engaged in any act | ||
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(iii) actually or by simulation engaged in any | ||
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(iv) actually or by simulation portrayed as being | ||
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(v) actually or by simulation engaged in any act | ||
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(vi) actually or by simulation portrayed or | ||
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(vii) depicted or portrayed in any pose, posture | ||
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(2) with the knowledge of the nature or content | ||
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(3) with knowledge of the subject matter or theme | ||
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(4) solicits, uses, persuades, induces, entices, or | ||
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(5) is a parent, step-parent, legal guardian or other | ||
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(6) with knowledge of the nature or content thereof, | ||
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(7) solicits, or knowingly uses, persuades, induces, | ||
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(a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other. (b)(1) It shall be an affirmative defense to a charge of child sexual abuse material that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a person with a severe or profound intellectual disability but only where, prior to the act or acts giving rise to a prosecution under this Section, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a person with a severe or profound intellectual disability and his or her reliance upon the information so obtained was clearly reasonable. (1.5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (2) (Blank). (3) The charge of child sexual abuse material shall not apply to the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers. In any criminal proceeding, any property or material that constitutes child sexual abuse material shall remain in the care, custody, and control of either the State or the court. A motion to view the evidence shall comply with subsection (e-5) of this Section. (4) If the defendant possessed more than one of the same film, videotape or visual reproduction or depiction by computer in which child sexual abuse material 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 sexual abuse material does not apply to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child sexual abuse material 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 sexual abuse material or 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 sexual abuse material or child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact. (d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person. The examiner shall report to the court whether treatment of the person is necessary. (e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 or a person with a severe or profound intellectual disability engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft. In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. (e-5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's Attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e-5) may object to the motion. (f) Definitions. For the purposes of this Section: (1) "Disseminate" means (i) to sell, distribute, | ||
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(2) "Produce" means to direct, promote, advertise, | ||
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(3) "Reproduce" means to make a duplication or copy. (4) "Depict by computer" means to generate or create, | ||
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(5) "Depiction by computer" means a computer program | ||
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(6) "Computer", "computer program", and "data" have | ||
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(7) For the purposes of this Section, "child sexual | ||
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(g) Re-enactment; findings; purposes. (1) The General Assembly finds and declares that: (i) Section 50-5 of Public Act 88-680, effective | ||
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(ii) In addition, Public Act 88-680 was entitled | ||
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(iii) On September 22, 1998, the Third District | ||
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(iv) Child sexual abuse material is a vital | ||
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(2) It is the purpose of this amendatory Act of 1999 | ||
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(3) This amendatory Act of 1999 re-enacts Section | ||
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(4) The re-enactment by this amendatory Act of 1999 | ||
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(Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25; 104-245, eff. 1-1-26.) |
(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.)
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(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.)
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(720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2) (Text of Section before amendment by P.A. 104-245) 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 | ||
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(ii) actually or by simulation engaged in any act of | ||
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(iii) actually or by simulation engaged in any act of | ||
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(iv) actually or by simulation portrayed as being the | ||
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(v) actually or by simulation engaged in any act of | ||
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(vi) actually or by simulation portrayed or depicted | ||
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(vii) depicted or portrayed in any pose, posture or | ||
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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.) (Text of Section after amendment by P.A. 104-245) 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 | ||
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(ii) actually or by simulation engaged in any act of | ||
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(iii) actually or by simulation engaged in any act of | ||
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(iv) actually or by simulation portrayed as being the | ||
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(v) actually or by simulation engaged in any act of | ||
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(vi) actually or by simulation portrayed or depicted | ||
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(vii) depicted or portrayed in any pose, posture or | ||
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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 sexual abuse material 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. 104-245, eff. 1-1-26.) |
(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 5/11-20.4) Sec. 11-20.4. Obscene depiction of a purported child. (a) In this Section: "Indistinguishable" means that the visual | ||
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"Obscene depiction" means a visual representation of | ||
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(i) the average person, applying contemporary | ||
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(ii) the average person, applying contemporary | ||
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(iii) taken as a whole, it lacks serious | ||
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"Purported child" means a visual representation that | ||
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(b) A person commits obscene depiction of a purported child when, with knowledge of the nature or content thereof, the person: (1) receives, obtains, or accesses in any way with | ||
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(2) reproduces, disseminates, offers to disseminate, | ||
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(c) A violation of paragraph (1) of subsection (b) is a Class 3 felony, and a second or subsequent offense is a Class 2 felony. A violation of paragraph (2) of subsection (b) is a Class 1 felony, and a second or subsequent offense is a Class X felony. (d) If the purported child depicted is indistinguishable from an actual child under the age of 13, a violation of paragraph (1) of subsection (b) is a Class 2 felony, and a second or subsequent offense is a Class 1 felony. If the purported child depicted is indistinguishable from an actual child under the age of 13, a violation of paragraph (2) of subsection (b) is a Class X felony, and a second or subsequent offense is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years. (e) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(f) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (Source: P.A. 103-825, eff. 1-1-25; 103-1081, eff. 3-21-25.) |
(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 | ||
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"Harmful to minors" means that quality of any | ||
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"Knowingly" means having knowledge of the contents of | ||
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"Material" means (i) any picture, photograph, | ||
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"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or | ||
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"Sado-masochistic abuse" means flagellation or | ||
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"Sexual conduct" means acts of masturbation, sexual | ||
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"Sexual excitement" means the condition of human male | ||
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(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to, | ||
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(A) any material which depicts nudity, sexual | ||
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(B) a motion picture, show, or other presentation | ||
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(C) an admission ticket or pass to premises where | ||
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(2) admits a minor to premises where there is | ||
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(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged | ||
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(2) that the defendant was in a parental or | ||
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(3) that the defendant was a bona fide school, | ||
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(4) that the act charged was committed in aid of | ||
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(5) that an advertisement of harmful material as | ||
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(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
(e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(f) Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony. (h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (Source: P.A. 99-642, eff. 7-28-16.)
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(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) (Text of Section before amendment by P.A. 104-245) 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 | ||
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(2) "Internet" has the meaning set forth in Section | ||
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) (Text of Section after amendment by P.A. 104-245) 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 sexual abuse material 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 sexual abuse material Internet site a photograph, video, or digital image of a person under 18 years of age that is not child sexual abuse material 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 sexual abuse material 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 sexual abuse material 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 sexual abuse material | ||
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(2) "Internet" has the meaning set forth in Section | ||
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(Source: P.A. 104-245, eff. 1-1-26.) |
(720 ILCS 5/11-23.5) Sec. 11-23.5. Non-consensual dissemination of private sexual images. (a) Definitions. For the purposes of this Section: "Computer", "computer program", and "data" have the | ||
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"Image" includes a photograph, film, videotape, | ||
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"Intimate parts" means the fully unclothed, partially | ||
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"Personal identifying information" has the meaning | ||
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"Sexual act" means sexual penetration, masturbation, | ||
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"Sexual activity" means any: (1) knowing touching or fondling by the victim or | ||
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(2) any transfer or transmission of semen upon | ||
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(3) an act of urination within a sexual context; | ||
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(4) any bondage, fetter, or sadism masochism; or (5) sadomasochism abuse in any sexual context. (b) A person commits non-consensual dissemination of private sexual images when he or she: (1) intentionally disseminates an image of another | ||
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(A) (blank); and (B) who is identifiable from the image itself, or | ||
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(C) who is engaged in a sexual act or whose | ||
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(2) obtains the image under circumstances in which a | ||
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(3) knows or should have known that the person in the | ||
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(c) The following activities are exempt from the provisions of this Section: (1) The intentional dissemination of an image of | ||
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(2) The intentional dissemination of an image of | ||
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(3) The intentional dissemination of an image of | ||
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(4) The intentional dissemination of an image of | ||
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(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (f) Sentence. Non-consensual dissemination of private sexual images is a Class 4 felony.(Source: P.A. 103-825, eff. 1-1-25.) |
(720 ILCS 5/11-23.7) Sec. 11-23.7. Non-consensual dissemination of sexually explicit digitized depictions. (a) Definitions. For the purposes of this Section: "Intimate parts" means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing. "Personal identifying information" has the meaning ascribed to it in Section 16-0.1. "Sexual activity" means: (1) any knowing touching or fondling of the victim or | ||
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(2) any transfer or transmission of semen upon any | ||
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(3) an act of urination within a sexual context; (4) any bondage, fetter, or sadism masochism; or (5) sadomasochism abuse in any sexual context. "Sexually explicit digitized depiction" means any image, photograph, film, video, digital recording, or other depiction or portrayal that has been created, altered, or otherwise modified to realistically depict either: (1) the intimate parts of another human being as the | ||
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(2) the depicted individual engaging in sexual | ||
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(b) A person commits non-consensual dissemination of sexually explicit digitized depictions when the person: (1) intentionally disseminates a sexually explicit | ||
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(2) knows or should have known that the person in the | ||
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(c) The following activities are exempt from the provisions of this Section: (1) The intentional dissemination of an image of | ||
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(2) The intentional dissemination of an image of | ||
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(3) The intentional dissemination of an image of | ||
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(4) The intentional dissemination of an image of | ||
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(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, as defined in 47 | ||
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(2) a provider of public mobile services or private | ||
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(3) a telecommunications network or broadband | ||
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(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963. (f) Sentence. Non-consensual dissemination of sexually explicit digitized depictions is a Class 4 felony. (Source: P.A. 103-825, eff. 1-1-25.) |
(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 | ||
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(2) conduct or operate any type of business in | ||
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(3) photograph, videotape, or take a digital image of | ||
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(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 heading)
SUBDIVISION 25. OTHER OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/11-25) (Text of Section before amendment by P.A. 104-245) 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, performs an act in person or by conduct through a third party, or uses written communication 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. As used in this Section, "child" means a person under 17 years of age. (b) Sentence. Grooming is a Class 4 felony. (Source: P.A. 102-676, eff. 6-1-22.) (Text of Section after amendment by P.A. 104-245) Sec. 11-25. Grooming. (a) A person commits grooming when, being 5 years or more older than a child, or holding a position of trust, authority, or supervision in relation to the child at the time of the offense, he or she knowingly: (1) uses a computer on-line service, Internet | ||
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(2) engages in a pattern of conduct that seduces, | ||
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(a-5) As used in this Section: "Child" means a person under 17 years of age. "Pattern" means 2 or more instances of conduct. "Sex offense" means any violation of Article 11 of this Code. "Sexual conduct" means masturbation, sexual conduct, or sexual penetration as defined in Section 11-0.1 of this Code. (a-6) Illinois has a compelling interest in effective education and "grooming" does not include conduct that serves a legitimate educational purpose pursuant to Section 27-9.1a of the School Code. (b) Sentence. Grooming is a Class 4 felony. (Source: P.A. 104-245, eff. 1-1-26.) |
(720 ILCS 5/11-26) Sec. 11-26. Traveling to meet a child. (a) A person commits traveling to meet a child 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. As used in this Section, "child" means a person under 17 years of age. (b) Sentence. Traveling to meet a child is a Class 3 felony.
(Source: P.A. 100-428, eff. 1-1-18.) |
(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 | ||
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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.)
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(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 | ||
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(2) the person is not married and knows that the | ||
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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.
(b) Sentence.
Adultery is a Class A misdemeanor.
(Source: P.A. 103-154, eff. 6-30-23.)
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(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.)
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(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 | ||
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(2) The accused reasonably believed the prior spouse | ||
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(3) The prior spouse had been continually absent for | ||
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(4) The accused reasonably believed that he or she or | ||
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(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.)
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(720 ILCS 5/Art. 12 heading) ARTICLE 12.
BODILY HARM
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(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)
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 services personnel" has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots. "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. "Person with a physical disability" 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 | ||
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(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 | ||
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(5) An independent contractor or an employee of an | ||
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(6) An employee of a telecommunications carrier as | ||
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(7) An employee of a telephone or telecommunications | ||
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(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.) |
(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) (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.)
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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or a person | ||
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(2) A teacher or school employee upon school grounds | ||
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(3) A park district employee upon park grounds or | ||
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(4) A community policing volunteer, private security | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(4.1) A peace officer, fireman, emergency management | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(5) A correctional officer or probation officer: (i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing | ||
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(6) A correctional institution employee, a county | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(7) An employee of the State of Illinois, a municipal | ||
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(8) A transit employee performing his or her official | ||
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(9) A sports official or coach actively participating | ||
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(10) A person authorized to serve process under | ||
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(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 | ||
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(2) Discharges a firearm, other than from a motor | ||
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(3) Discharges a firearm from a motor vehicle. (4) Wears a hood, robe, or mask to conceal his or her | ||
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(5) Knowingly and without lawful justification shines | ||
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(6) Uses a firearm, other than by discharging the | ||
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(i) performing his or her official duties; (ii) assaulted to prevent performance of his or | ||
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(iii) assaulted in retaliation for performing his | ||
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(7) Without justification operates a motor vehicle in | ||
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(8) Without justification operates a motor vehicle in | ||
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(9) Knowingly video or audio records the offense | ||
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(d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony. (e) For the purposes of this Section, "Category I weapon", "Category II weapon", and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) Causes severe and permanent disability, great | ||
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(3) Causes great bodily harm or permanent disability | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(4) Causes great bodily harm or permanent disability | ||
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(5) Strangles another individual. (b) Offense based on injury to a child or person with an intellectual disability. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means: (1) causes great bodily harm or permanent disability | ||
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(2) causes bodily harm or disability or disfigurement | ||
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(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following: (1) A person 60 years of age or older. (2) A person who is pregnant or has a physical | ||
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(3) A teacher or school employee upon school grounds | ||
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(4) A peace officer, community policing volunteer, | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(5) A judge, emergency management worker, emergency | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(6) An officer or employee of the State of Illinois, | ||
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(7) A transit employee performing his or her official | ||
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(8) A taxi driver on duty. (9) A merchant who detains the person for an alleged | ||
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(10) A person authorized to serve process under | ||
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(11) A nurse while in the performance of his or her | ||
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(12) A merchant: (i) while performing his or her | ||
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(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 | ||
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(2) Discharges a firearm, other than a machine gun or | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(3) Discharges a firearm, other than a machine gun or | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(4) Discharges a firearm and causes any injury to a | ||
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(5) Discharges a machine gun or a firearm equipped | ||
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(6) Discharges a machine gun or a firearm equipped | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(7) Discharges a machine gun or a firearm equipped | ||
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(i) performing his or her official duties; (ii) battered to prevent performance of his or | ||
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(iii) battered in retaliation for performing his | ||
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(8) Discharges a machine gun or a firearm equipped | ||
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(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 | ||
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(2) Wears a hood, robe, or mask to conceal his or her | ||
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(3) Knowingly and without lawful justification shines | ||
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(4) Knowingly video or audio records the offense with | ||
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(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 | ||
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(2) Knowingly administers to an individual or causes | ||
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(3) Knowingly causes or attempts to cause a | ||
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(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony. Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony. Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony. Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (10) of subsection (b-5) of Section 5-8-1 of the Unified Code of Corrections, as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim. Aggravated battery as defined in subdivision (a)(1) is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Aggravated battery under subdivision (a)(5) is a
Class 1 felony if: (A) the person used or attempted to use a dangerous | ||
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(B) the person caused great bodily harm or permanent | ||
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(C) the person has been previously convicted of a | ||
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Aggravated battery as defined in subdivision (e)(1) is a Class X felony. Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years. Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years. Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years. Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years. Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that: (1) if the person committed the offense while armed | ||
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(2) if, during the commission of the offense, the | ||
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(3) if, during the commission of the offense, the | ||
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(i) Definitions. In this Section: "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Domestic violence shelter" means any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place within 500 feet of such a building or other structure in the case of a person who is going to or from such a building or other structure. "Firearm" has the meaning provided under Section 1.1
of the Firearm Owners Identification Card Act, and does
not include an air rifle as defined by Section 24.8-0.1 of this Code. "Machine gun" has the meaning ascribed to it in Section 24-1 of this Code. "Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code. "Strangle" means
intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
(Source: P.A. 103-51, eff. 1-1-24.)
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(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 the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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. 101-13, eff. 6-12-19.)
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(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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 | ||
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(2) makes physical contact of an insulting or | ||
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(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)
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.)
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(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 | ||
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(i) a remedy in a valid order of protection | ||
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(ii) a remedy, which is substantially similar to | ||
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(iii) any other remedy when the act constitutes a | ||
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(2) Such violation occurs after the offender has been | ||
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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.
(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. 100-987, eff. 7-1-19.)
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(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.)
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(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.)
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(720 ILCS 5/12-3.8) Sec. 12-3.8. Violation of a civil no contact order. (a) A person commits violation of a civil no contact order if: (1) he or she knowingly commits an act which was | ||
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(A) a remedy of a valid civil no contact order | ||
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(B) a remedy, which is substantially similar to | ||
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(2) the violation occurs after the offender has been | ||
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A civil no contact order issued by a state, tribal, or territorial court 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 when an order is certified and appears authentic on its face. (a-3) For purposes of this Section, a "civil no contact order" 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 civil no contact order. (b) Prosecution for a violation of a civil no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order. (c) 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. (d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (e) Sentence. A violation of a civil no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.) |
(720 ILCS 5/12-3.9) Sec. 12-3.9. Violation of a stalking no contact order. (a) A person commits violation of a stalking no contact order if: (1) he or she knowingly commits an act which was | ||
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(A) a remedy in a valid stalking no contact order | ||
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(B) a remedy, which is substantially similar to | ||
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(2) the violation occurs after the offender has been | ||
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A stalking no contact order issued by a state, tribal, or territorial court 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 when an order is certified and appears authentic on its face. (a-3) For purposes of this Section, a "stalking no contact order" 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 stalking no contact order. (b) Prosecution for a violation of a stalking no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order. (c) 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. (d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (e) Sentence. A violation of a stalking no contact order is a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.) |
(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.)
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(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.)
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(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.)
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(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.)
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(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) (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.)
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(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) 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 | ||
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(2) A person or an owner or licensee commits criminal | ||
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(A) performs acts that cause a resident's life to | ||
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(B) fails to perform acts that he or she knows or | ||
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(C) abandons a resident. (3) A person or an owner or licensee commits neglect | ||
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(b) Criminal abuse or neglect of an elderly person or person with a disability. (1) A caregiver commits criminal abuse or neglect of | ||
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(A) performs acts that cause the person's life to | ||
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(B) fails to perform acts that he or she knows or | ||
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(C) abandons the person; (D) physically abuses, harasses, intimidates, or | ||
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(E) exposes the person to willful deprivation. (2) It is not a defense to criminal abuse or neglect | ||
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(c) Offense not applicable. (1) Nothing in this Section applies to a physician | ||
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(2) Nothing in this Section imposes criminal | ||
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(3) Nothing in this Section applies to the medical | ||
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(4) Nothing in this Section prohibits a caregiver | ||
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(5) Nothing in this Section limits the remedies | ||
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(d) Sentence. (1) Long term care facility. Abuse of a long term | ||
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(2) Caregiver. Criminal abuse or neglect of an | ||
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(e) Definitions. For the purposes of this Section: "Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody. "Caregiver" means a person who has a duty to provide for an elderly person or person with a disability's health and personal care, at the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following: (1) A parent, spouse, adult child, or other relative | ||
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(2) A person who is employed by the elderly person or | ||
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(3) A person who has agreed for consideration to | ||
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(4) A person who has been appointed by a private or | ||
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"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his or her profession. "Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care. "Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared Housing Act. "Long term care facility" means a private home, institution, building, residence, or other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care, or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act. "Owner" means the owner of a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act. "Person with a disability" means a person who suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder, or congenital condition, which renders the person incapable of adequately providing for his or her own health and personal care. "Resident" means a person residing in a long term care facility. "Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986. (Source: P.A. 103-293, eff. 1-1-24.) |
(720 ILCS 5/12-4.5) (from Ch. 38, par. 12-4.5)
Sec. 12-4.5. Tampering with food, drugs or cosmetics. (a) A person
who knowingly puts any substance capable of causing death or great bodily
harm to a human being into any food, drug or cosmetic offered for sale or
consumption commits tampering with food, drugs or cosmetics.
(b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
Sec. 12-4.6.
(Repealed).
(Source: P.A. 85-1177. Repealed by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-4.7) (from Ch. 38, par. 12-4.7)
Sec. 12-4.7.
(Repealed).
(Source: P.A. 92-256, eff. 1-1-02. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-4.8)
Sec. 12-4.8.
(Repealed).
(Source: P.A. 89-234, eff. 1-1-96. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-4.9)
(This Section was renumbered as Section 12C-45 by P.A. 97-1109.) Sec. 12-4.9.
(Renumbered).
(Source: P.A. 89-632, eff. 1-1-97. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-4.10)
Sec. 12-4.10. (Repealed).(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)
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(720 ILCS 5/12-4.11)
Sec. 12-4.11.
(Repealed).
(Source: P.A. 93-340, eff. 7-24-03. Repealed by P.A. 94-556, eff. 9-11-05.)
|
(720 ILCS 5/12-4.12)
Sec. 12-4.12. (Repealed).(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-556, eff. 9-11-05.)
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(720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
Sec. 12-5. Reckless
conduct.
(a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that: (1) cause bodily harm to or endanger the safety of | ||
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(2) cause great bodily harm or permanent disability | ||
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(b) Sentence.
Reckless conduct under subdivision (a)(1) is a Class A misdemeanor. Reckless conduct under subdivision (a)(2) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-5.01)
Sec. 12-5.01. (Repealed).
(Source: P.A. 97-1046, eff. 8-21-12. Repealed by P.A. 102-168, eff. 7-27-21.)
|
(720 ILCS 5/12-5.02)
(was 720 ILCS 5/12-2.5)
Sec. 12-5.02. Vehicular endangerment.
(a) A person commits vehicular endangerment when he or she strikes a motor vehicle by causing
an object to fall from an overpass or other elevated location in the direction of a moving
motor vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this State.
(b) Sentence. Vehicular endangerment is a Class 2 felony, unless
death results, in which case vehicular endangerment is a Class 1
felony.
(c) Definitions. For purposes of this Section:
"Elevated location" means a bridge, overpass, highway ramp, building, artificial structure, hill, mound, or natural elevation above or adjacent to and above a highway. "Object" means any object or substance that by its size, weight, or
consistency is likely to cause great bodily harm to any occupant of a motor
vehicle.
"Overpass" means any structure that passes over a highway.
"Motor vehicle" and "highway" have the meanings as defined in the
Illinois Vehicle Code.
(Source: P.A. 99-656, eff. 1-1-17.)
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(720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
Sec. 12-5.1. Criminal housing management. (a) A person commits criminal housing management when,
having personal management or control of residential real estate, whether
as a legal or equitable owner or as a managing
agent or otherwise, he or she recklessly permits the physical condition or
facilities of the residential real estate
to become or remain in any condition which endangers the health or safety
of a person other than the defendant.
(b) Sentence.
Criminal housing management is a Class A misdemeanor, and a subsequent
conviction is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.1a)
(was 720 ILCS 5/12-5.15) Sec. 12-5.1a. Aggravated criminal housing management. (a) A person commits aggravated criminal housing management
when he or she commits criminal housing management and:
(1) the condition endangering the health or safety of | ||
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(2) the person recklessly conceals or attempts to | ||
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(b) Sentence. Aggravated criminal housing management is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
Sec. 12-5.2. Injunction in connection with criminal housing management or aggravated criminal housing management.
(a) In addition to any other remedies, the
State's Attorney of the county where the residential property which
endangers the health or safety of any person exists is authorized to file a
complaint and apply
to the circuit court for a temporary restraining order, and such circuit
court shall upon hearing grant a temporary restraining order or a
preliminary or permanent injunction, without bond, restraining any person
who owns, manages, or has any equitable interest in the property, from
collecting, receiving or benefiting from any rents or other monies
available from the property, so long as the property remains in a condition
which endangers the health or safety of any person.
(b) The court may order any rents or other monies owed to be paid into
an escrow account. The funds are to be paid out of the escrow account only
to satisfy the reasonable cost of necessary repairs of the property which
had been incurred or will be incurred in ameliorating the condition of the
property as described in subsection (a),
payment of delinquent
real estate taxes on the property or payment of other legal debts relating
to the property. The court may order that funds remain in escrow for a
reasonable time after the completion of all necessary repairs to assure
continued upkeep of the property and satisfaction of other outstanding
legal debts of the property.
(c) The owner shall be responsible for contracting to have necessary
repairs completed and shall be required to submit all bills, together with
certificates of completion, to the manager of the escrow account within 30
days after their receipt by the owner.
(d) In contracting for any repairs required pursuant to this
Section the owner of the property shall enter into a contract only after
receiving bids
from at least 3 independent contractors capable of making
the necessary repairs. If the owner does not contract for the repairs with
the lowest bidder, he shall file an affidavit with the court explaining why
the lowest bid was not acceptable. At no time, under the provisions of
this Section, shall the owner contract with anyone who is not a licensed
contractor, except that a contractor need not be licensed if neither the State nor the county, township, or municipality where the residential real estate is located requires that the contractor be licensed. The court may order release of those funds in the escrow
account that are in excess of the monies that the court determines to its
satisfaction are needed to correct the condition of the property as
described in subsection (a).
For the purposes of this Section, "licensed contractor" means: (i) a contractor licensed by the State, if the State requires the licensure of the contractor; or (ii) a contractor licensed by the county, township, or municipality where the residential real estate is located, if that jurisdiction requires the licensure of the contractor. (e) The Clerk of the Circuit Court shall maintain a separate trust
account entitled "Property Improvement Trust Account", which shall serve as
the depository for the escrowed funds prescribed by this Section. The
Clerk of the Court shall be responsible for the receipt, disbursement,
monitoring and maintenance of all funds entrusted to this account, and
shall provide to the court a quarterly accounting of the activities for any
property, with funds in such account, unless the court orders accountings
on a more frequent basis.
The Clerk of the Circuit Court shall promulgate rules and procedures to
administer the provisions of this Act.
(f) Nothing in this Section shall in any way be construed to limit or
alter any existing liability incurred, or to be incurred, by the owner or
manager except as expressly provided in this Act. Nor shall anything in
this Section be construed to create any liability on behalf of the Clerk of
the Court, the State's Attorney's office or any other governmental agency
involved in this action.
Nor shall anything in this Section be construed to authorize tenants to
refrain from paying rent.
(g) Costs. As part of the costs of an action under this Section, the
court shall assess a reasonable fee against the defendant to be paid to the
Clerk of the Circuit Court. This amount is to be used solely for the maintenance
of the Property Improvement
Trust Account. No money obtained directly or indirectly from the property
subject to the case may be used to satisfy this cost.
(h) The municipal building department or other entity responsible for
inspection of property and the enforcement of such local requirements
shall, within 5 business days of a request by the State's Attorney,
provide all documents requested, which shall include, but not be limited
to, all records of inspections, permits and other information relating to
any property.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.3)
(was 720 ILCS 5/12-2.6)
Sec. 12-5.3. Use of a dangerous place for the commission of a controlled
substance or cannabis offense. (a) A person commits use of a dangerous place for the
commission of a
controlled substance or cannabis offense when that person knowingly exercises
control
over any place with the intent to use that place to manufacture, produce,
deliver, or
possess with intent to deliver a controlled or
counterfeit substance or controlled substance analog in violation of Section
401 of the Illinois Controlled Substances Act or to manufacture, produce,
deliver, or
possess with intent to deliver cannabis in violation of Section 5, 5.1, 5.2,
7,
or 8 of the Cannabis Control Act and:
(1) the place, by virtue of the presence of the | ||
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(2) the place used or intended to be used to | ||
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(b) It may be inferred that a place was intended to be used to manufacture a
controlled or counterfeit substance or controlled substance analog if a
substance containing a controlled or counterfeit substance or controlled
substance analog or a substance containing a chemical important to the
manufacture of a controlled or counterfeit substance or controlled substance
analog is found at the place of the alleged illegal controlled substance
manufacturing in close proximity to equipment or a chemical used for
facilitating the manufacture of the controlled or counterfeit substance or
controlled substance analog that
is alleged to have been intended to be manufactured.
(c) As used in this Section,
"place" means a premises, conveyance, or location that offers
seclusion,
shelter, means, or facilitation for manufacturing, producing, possessing, or
possessing
with intent to deliver a controlled or counterfeit
substance,
controlled substance analog, or cannabis.
(d) Use of a dangerous place for the commission of a controlled substance
or cannabis offense is a Class 1 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.5)
Sec. 12-5.5. Common carrier recklessness. (a) A person commits common carrier recklessness when he or she, having
personal management or control of or over a
public conveyance used for the common carriage of persons, recklessly endangers the safety of others. (b) Sentence. Common carrier recklessness is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-5.15)
(This Section was renumbered as Section 12-5.1a by P.A. 96-1551.) Sec. 12-5.15. (Renumbered).
(Source: P.A. 93-852, eff. 8-2-04. Renumbered by P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/Art. 12, Subdiv. 15 heading) SUBDIVISION 15. INTIMIDATION
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to
perform or to omit the performance of any act, he or she communicates to
another, directly or indirectly by any means, a
threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or | ||
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(2) Subject any person to physical confinement or | ||
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(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or | ||
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(6) Take action as a public official against anyone | ||
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(7) Bring about or continue a strike, boycott or | ||
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(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to
a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
(This Section was renumbered as Section 12-6.5 by P.A. 96-1551.) Sec. 12-6.1.
(Renumbered).
(Source: P.A. 91-696, eff. 4-13-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-6.2)
Sec. 12-6.2. Aggravated intimidation.
(a) A person commits aggravated intimidation when he or she
commits intimidation and:
(1) the person committed the offense in furtherance | ||
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(2) the offense is committed with the intent to | ||
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(3) the following conditions are met:
(A) the person knew that the victim was a peace | ||
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(B) the offense was committed: (i) while the victim was engaged in the | ||
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(ii) to prevent the victim from performing | ||
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(iii) in retaliation for the victim's | ||
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(iv) by reason of any person's activity as a | ||
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(v) because the person reported information | ||
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(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is
a Class 2 felony
for which the offender may be sentenced to a term of imprisonment of not less
than 3 years nor more than 14 years.
(c) (Blank).
(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12-6.3)
(This Section was renumbered as Section 12-3.5 by P.A. 96-1551.) Sec. 12-6.3.
(Renumbered).
(Source: P.A. 90-118, eff. 1-1-98. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-6.4) Sec. 12-6.4. Criminal street gang recruitment on school grounds or public property adjacent to school grounds and criminal street gang recruitment of a minor. (a) A person commits criminal street gang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she knowingly threatens the use of physical force to coerce, solicit, recruit, or
induce another person to join or remain a member of a criminal street gang, or conspires to do so. (a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device. (b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony and criminal street gang recruitment of a minor is a Class 1 felony. (c) In this Section: "School grounds" means the building or buildings or | ||
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"Minor" means any person under 18 years of age. "Internet" means an interactive computer service or | ||
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"Telecommunications device" means a device that is | ||
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(Source: P.A. 96-199, eff. 1-1-10; 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-6.5) (was 720 ILCS 5/12-6.1)
Sec. 12-6.5. Compelling organization membership
of persons. A person who knowingly, expressly or impliedly, threatens to do bodily harm
or does bodily harm to an individual or to that individual's family or uses any
other criminally unlawful means to solicit or cause any person to join, or
deter any person from leaving, any organization or
association regardless of the nature of
such organization or association, is guilty of a Class 2 felony.
Any person of the age of 18 years or older who knowingly, expressly or impliedly,
threatens to do bodily harm or does bodily harm to a person under 18 years
of age or uses any other
criminally unlawful means to solicit or cause any person under 18 years of age
to join, or deter any person under 18 years of age from leaving,
any organization or association regardless of the nature of such
organization or association is guilty
of a Class 1 felony.
A person convicted of an offense under this Section shall not be eligible to
receive a sentence of probation, conditional discharge, or periodic
imprisonment.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
Sec. 12-7. Compelling confession or information by force or threat.
(a) A person who, with intent to obtain a confession, statement or
information regarding any offense, knowingly
inflicts or threatens imminent bodily harm upon the person threatened or upon any other person commits
compelling a confession or information by force or threat.
(b) Sentence.
Compelling a confession or information is a: (1) Class 4 felony if the
defendant threatens imminent bodily harm to obtain a confession, statement, or information but does not inflict
bodily harm on the victim, (2) Class 3 felony if the defendant inflicts bodily harm on
the victim to obtain a confession, statement, or information, and
(3) Class 2 felony if the defendant inflicts great bodily harm to obtain a confession, statement, or
information.
(Source: P.A. 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the actual or
perceived race, color, creed, religion, ancestry, gender, sexual orientation,
physical or mental disability, citizenship, immigration status, or national origin of another individual or
group of individuals, regardless of the existence of any other motivating
factor or factors, he or she commits assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor
theft, criminal trespass to residence, misdemeanor criminal damage
to property, criminal trespass to vehicle, criminal trespass to real property,
mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic
communications as these crimes are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.
(b) Except as provided in subsection (b-5), hate crime is a Class 4
felony for a first offense and a Class 2 felony for a second or subsequent
offense.
(b-5) Hate crime is a Class 3 felony for a first offense and a Class 2
felony for a second or subsequent offense if committed:
(1) in, or upon the exterior or grounds of, a church, | ||
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(2) in a cemetery, mortuary, or other facility used | ||
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(3) in a school or other educational facility, | ||
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(4) in a public park or an ethnic or religious | ||
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(5) on the real property comprising any location | ||
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(6) on a public way within 1,000 feet of the real | ||
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(b-10) Upon imposition of any sentence,
the trial
court shall also either order restitution paid to the victim
or impose a fine in an amount to be determined by the court based on the severity of the crime and the injury or damages suffered by the victim. In addition, any order of probation or
conditional discharge entered following a conviction or an adjudication of
delinquency shall include a condition that the offender perform public or
community service of no less than 200 hours if that service is established in
the county where the offender was convicted of hate crime. In addition, any order of probation or
conditional discharge entered following a conviction or an adjudication of
delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed. The educational program must be attended by the offender in-person and may be administered, as determined by the court, by a university, college, community college, non-profit organization, the Illinois Holocaust and Genocide Commission, or any other organization that provides educational programs discouraging hate crimes, except that programs administered online or that can otherwise be attended remotely are prohibited. The court may also
impose any other condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment or periodic imprisonment for a violation of this Section, as a condition of the offender's mandatory supervised release, the court shall require that the offender perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any
person suffering injury to his or her person, damage to his or her property, intimidation as defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6 of this Code, stalking as defined in Section 12-7.3 of this Code, cyberstalking as defined in Section 12-7.5 of this Code, disorderly conduct as defined in paragraph (a)(1), (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, transmission of obscene messages as defined in Section 26.5-1 of this Code, harassment by telephone as defined in Section 26.5-2 of this Code, or harassment through electronic communications as defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as a result
of a hate crime may bring a civil action for damages, injunction
or other appropriate relief. The court may award actual damages, including
damages for emotional distress, as well as punitive damages. The court may impose a civil penalty up to $25,000 for each violation of this subsection (c). A judgment in favor of a person who brings a civil action under this subsection (c) shall include
attorney's fees and costs. After consulting with the local State's Attorney, the Attorney General may bring a civil action in the name of the People of the State for an injunction or other equitable relief under this subsection (c). In addition, the Attorney General may request and the court may impose a civil penalty up to $25,000 for each violation under this subsection (c). The parents or legal guardians, other than
guardians appointed pursuant to the Juvenile Court Act or the Juvenile
Court Act of 1987, of an unemancipated minor shall be liable for the amount
of any judgment for all damages rendered against such minor under this
subsection (c) in any amount not exceeding the amount provided under
Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act.
(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(720 ILCS 5/12-7.2) (from Ch. 38, par. 12-7.2)
Sec. 12-7.2.
Educational intimidation.
(a) A person commits
educational intimidation when he knowingly interferes with the right of any
child who is or is believed to be afflicted with a chronic infectious
disease to attend or participate in the activities of an elementary or
secondary school in this State:
(1) by actual or threatened physical harm to the person or property of
the child or the child's family; or
(2) by impeding or obstructing the child's right of ingress to, egress
from, or freedom of
movement at school facilities or activities; or
(3) by exposing or threatening to expose the child, or the family or
friends of the child, to public hatred, contempt or ridicule.
(b) Subsection (a) does not apply to the actions of school officials or
the school's infectious disease review team who
are acting within the course of their professional duties and in accordance
with applicable law.
(c) Educational intimidation is a Class C misdemeanor, except that a
second or subsequent offense shall be a Class A misdemeanor.
(d) Independent of any criminal prosecution or the result thereof, any
person suffering injury to his person or damage to his property as a result
of educational intimidation may bring a civil action for damages,
injunction or other appropriate relief. The court may award actual
damages, including damages for emotional distress, or punitive damages. A
judgment may include attorney's fees and costs. The parents or legal
guardians of an unemancipated minor, other than guardians appointed
pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987, shall be liable for the amount of any
judgment for actual damages awarded against such minor under this
subsection (d) in any amount not exceeding the amount provided under
Section of the Parental Responsibility Law.
(Source: P.A. 86-890.)
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(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a | ||
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(2) suffer other emotional distress. (a-3) A person commits stalking when he or she, knowingly and without
lawful justification, on at least 2 separate occasions follows
another person
or places the person under surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or | ||
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(2) places that person in reasonable apprehension of | ||
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(a-5) A person commits stalking when he or she has previously been
convicted of stalking another person and knowingly and without lawful
justification on one occasion:
(1) follows that same person or places that same | ||
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(2) transmits a threat of immediate or future bodily | ||
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(a-7) A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech. (b) Sentence.
Stalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) Definitions. For purposes of this Section: (1) "Course of conduct" means 2 or more acts, | ||
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(2) "Electronic communication" means any transfer of | ||
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(3) "Emotional distress" means significant mental | ||
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(4) "Family member" means a parent, grandparent, | ||
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(5) "Follows another person" means (i) to move in | ||
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(6) "Non-consensual contact" means any contact with | ||
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(7) "Places a person under surveillance" means: (1) | ||
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(8) "Reasonable person" means a person in the | ||
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(9) "Transmits a threat" means a verbal or written | ||
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(d) Exemptions. (1) This Section does not apply to any individual or | ||
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(2) This Section does not apply to an exercise of the | ||
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(3) Telecommunications carriers, commercial mobile | ||
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(d-5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a
threat is not a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (Source: P.A. 102-547, eff. 1-1-22.)
|
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
Sec. 12-7.4. Aggravated stalking.
(a) A person commits
aggravated stalking when he or she commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order | ||
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(a-1) A person commits
aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim. (b) Sentence. Aggravated stalking is a Class 3 felony; a second or
subsequent conviction is a Class 2
felony.
(c) Exemptions. (1) This Section does not apply to any individual or | ||
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(2) This Section does not apply to an exercise of the | ||
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(3) Telecommunications carriers, commercial mobile | ||
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(d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to: (1) fear for his or her safety or the safety of a | ||
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(2) suffer other emotional distress. (a-3) A person commits cyberstalking when he or she, knowingly and without
lawful justification, on at least 2 separate occasions, harasses another person
through the use of electronic communication and:
(1) at any time transmits a threat of immediate or | ||
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(2) places that person or a family member of that | ||
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(3) at any time knowingly solicits the commission of | ||
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(a-4) A person commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification, installs or otherwise places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and: (1) at any time transmits a threat of immediate or | ||
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(2) places that person or a family member of that | ||
| ||
(3) at any time knowingly solicits the commission of | ||
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For purposes of this Section, an installation or placement is not surreptitious if: (1) with respect to electronic software, hardware, or | ||
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(2) written or electronic consent of all owners and | ||
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(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and: (1) which communicates a threat of immediate or | ||
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(2) which places that person or a family member of | ||
| ||
(3) which knowingly solicits the commission of an act | ||
| ||
(b) Sentence. Cyberstalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) For purposes of this Section: (0.5) "Anxiety" means excessive worry and | ||
| ||
(1)
restlessness or feeling keyed up or on edge; (2)
easily fatigued; (3) difficulty concentrating or mind going | ||
| ||
(4)
irritability; (5)
muscle tension; and (6) sleep disturbance such as difficulty falling | ||
| ||
The anxiety, worry, or physical symptoms cause | ||
| ||
(1) "Course of conduct" means 2 or more acts, | ||
| ||
(2) "Electronic communication" means any transfer of | ||
| ||
(2.1) "Electronic communication device" means an | ||
| ||
(2.2) "Electronic monitoring software or spyware" | ||
| ||
(3) "Emotional distress" means significant mental | ||
| ||
(4) "Harass" means to engage in a knowing and willful | ||
| ||
(5) "Non-consensual contact" means any contact with | ||
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(6) "Reasonable person" means a person in the | ||
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(7) "Third party" means any person other than the | ||
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(d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant. (f) It is not a violation of this Section to: (1) provide, protect, maintain, update, or upgrade | ||
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(2) interfere with or prohibit terms or conditions | ||
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(3) create any liability by reason of terms or | ||
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(Source: P.A. 103-183, eff. 1-1-24.)
|
(720 ILCS 5/12-7.6)
Sec. 12-7.6. Cross burning.
(a) A person commits cross burning when he or she, with the intent to
intimidate any other person or group of
persons, burns or causes to be burned a cross.
(b) Sentence. Cross burning is a Class A misdemeanor for a first offense and
a
Class 4 felony for a second or subsequent offense.
(c) For the purposes of this Section, a person acts with the "intent to
intimidate"
when he or she intentionally places or attempts to place another person in fear
of physical
injury or fear of damage to that other person's property.
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-8) (from Ch. 38, par. 12-8)
Sec. 12-8.
(Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 89-657, eff. 8-14-96.)
|
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
Sec. 12-9. Threatening public officials; human service providers.
(a) A person commits threatening a public official or human service provider when:
(1) that person knowingly delivers or conveys, | ||
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(i) containing a threat that would place the | ||
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(ii) containing a threat that would place the | ||
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(2) the threat was conveyed because of the | ||
| ||
(a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker, caseworker, investigator, or human service provider, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm. (b) For purposes of this Section:
(1) "Public official" means a person who is elected | ||
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(1.5) "Human service provider" means a social | ||
| ||
(2) "Immediate family" means a public official's | ||
| ||
(c) Threatening a public official or human service provider is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent offense.
(Source: P.A. 100-1, eff. 1-1-18.)
|
(720 ILCS 5/Art. 12, Subdiv. 20 heading) SUBDIVISION 20. MUTILATION
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-10) (from Ch. 38, par. 12-10)
(This Section was renumbered as Section 12C-35 by P.A. 97-1109.) Sec. 12-10. (Renumbered).(Source: P.A. 94-684, eff. 1-1-06. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-10.1)
(This Section was renumbered as Section 12C-40 by P.A. 97-1109.) Sec. 12-10.1. (Renumbered).
(Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-10.2)
Sec. 12-10.2. Tongue splitting.
(a) In this Section, "tongue splitting" means the cutting of a human tongue
into 2
or more parts.
(b) A person may not knowingly perform tongue splitting on another person unless the
person performing the tongue splitting is licensed to practice medicine in all
its branches under the Medical Practice
Act of 1987
or licensed under the Illinois Dental Practice Act.
(c) Sentence. Tongue splitting performed in violation of this Section is a
Class A
misdemeanor for a first offense and a Class 4 felony for a second or subsequent
offense.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-10.3) Sec. 12-10.3. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor. (a) A person, other than the parent or legal guardian of a minor, commits the offense of false representation to a tattoo or body piercing business as the parent or legal guardian of a minor when he or she falsely represents himself or herself as the parent or legal guardian of the minor to an owner or employee of a tattoo or body piercing business for the purpose of: (1) accompanying the minor to a business that | ||
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(2) accompanying the minor to a business that | ||
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(3) furnishing the written consent required under | ||
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(b) Sentence. False representation to a tattoo or body piercing business as the parent or legal guardian of a minor is a Class C misdemeanor.
(Source: P.A. 96-1311, eff. 1-1-11.) |
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11) (This Section was renumbered as Section 19-6 by P.A. 97-1108.) Sec. 12-11. (Renumbered). (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.) |
(720 ILCS 5/12-11.1) (from Ch. 38, par. 12-11.1)
(This Section was renumbered as Section 18-6 by P.A. 97-1108.) Sec. 12-11.1.
(Renumbered).
(Source: P.A. 86-1392. Renumbered by P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
Sec. 12-12. (Repealed).
(Source: P.A. 96-233, eff. 1-1-10. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
(This Section was renumbered as Section 11-1.20 by P.A. 96-1551.) Sec. 12-13. (Renumbered).
(Source: P.A. 95-640, eff. 6-1-08. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
(This Section was renumbered as Section 11-1.30 by P.A. 96-1551.) Sec. 12-14. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-14.1)
(This Section was renumbered as Section 11-1.40 by P.A. 96-1551.) Sec. 12-14.1. (Renumbered).
(Source: P.A. 95-640, eff. 6-1-08. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
(This Section was renumbered as Section 11-1.50 by P.A. 96-1551.) Sec. 12-15.
(Renumbered).
(Source: P.A. 91-389, eff. 1-1-00. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
(This Section was renumbered as Section 11-1.60 by P.A. 96-1551.) Sec. 12-16. (Renumbered).
(Source: P.A. 97-227, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
(This Section was renumbered as Section 12-5.01 by P.A. 96-1551.) Sec. 12-16.2.
(Renumbered).
(Source: P.A. 86-897. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
(This Section was renumbered as Section 11-1.70 by P.A. 96-1551.) Sec. 12-17.
(Renumbered).
(Source: P.A. 93-389, eff. 7-25-03. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
(This Section was renumbered as Section 11-1.10 by P.A. 96-1551.) Sec. 12-18. (Renumbered).
(Source: P.A. 97-244, eff. 8-4-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-18.1) (from Ch. 38, par. 12-18.1)
(This Section was renumbered as Section 11-1.80 by P.A. 96-1551.) Sec. 12-18.1. (Renumbered).
(Source: P.A. 96-1551, Article 2, Section 1035, eff. 7-1-11. Renumbered by P.A. 96-1551, Article 2, Section 5, eff. 7-1-11.)
|
(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
Sec. 12-19. (Repealed).(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
Sec. 12-20. Sale of body parts.
(a) Except as provided in subsection
(b), any person who knowingly buys or sells, or offers to buy or sell, a
human body or any part of a human body, is guilty of a Class A misdemeanor
for the first conviction and a Class 4 felony for subsequent convictions.
(b) This Section does not prohibit:
(1) An anatomical gift made in accordance with the | ||
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(2) (Blank).
(3) Reimbursement of actual expenses incurred by a | ||
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(4) Payments provided under a plan of insurance or | ||
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(5) Reimbursement of reasonable costs associated with | ||
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(6) Purchase or sale of blood, plasma, blood products | ||
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(7) Purchase or sale of drugs, reagents or other | ||
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(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-20.5)
Sec. 12-20.5. Dismembering a human body.
(a) A person commits dismembering a human body
when he or she knowingly dismembers, severs, separates,
dissects, or mutilates any body part of a deceased's body.
(b) This Section does not apply to:
(1) an anatomical gift made in accordance with the | ||
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(2) (blank);
(3) the purchase or sale of drugs, reagents, or other | ||
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(4) persons employed by a county medical examiner's | ||
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(5) the acts of a licensed funeral director or | ||
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(6) the acts of emergency medical personnel or | ||
| ||
(7) physicians licensed to practice medicine in all | ||
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(c) It is not a defense to a violation of this Section that the decedent
died due to
natural, accidental, or suicidal causes.
(d) Sentence. Dismembering a human body is a Class X felony.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/12-20.6) Sec. 12-20.6. Abuse of a corpse. (a) In this Section: "Corpse" means the dead body of a human being. "Sexual conduct" has the meaning ascribed to the term in Section 11-0.1 of this Code. (b) A person commits abuse of a corpse if he or she intentionally: (1) engages in sexual conduct with a corpse or | ||
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(2) removes or carries away a corpse and is not | ||
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(c) Sentence. (1) A person convicted of violating paragraph (1) of | ||
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(2) A person convicted of violating paragraph (2) of | ||
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(d) Paragraph (2) of subsection (b) of this Section does not apply to: (1) persons employed by a county medical examiner's | ||
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(2) the acts of a licensed funeral director or | ||
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(3) cemeteries and cemetery personnel while | ||
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(4) the acts of emergency medical personnel or | ||
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(5) physicians licensed to practice medicine in all | ||
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(6) removing or carrying away a corpse by the | ||
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(Source: P.A. 97-1072, eff. 8-24-12.) |
(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
Sec. 12-21. (Repealed).(Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-21.5)
(This Section was renumbered as Section 12C-10 by P.A. 97-1109.) Sec. 12-21.5.
(Renumbered).
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-21.6)
(This Section was renumbered as Section 12C-5 by P.A. 97-1109.) Sec. 12-21.6.
(Renumbered).
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 92-515, eff.
6-1-02; 92-651, eff. 7-11-02. Renumbered by 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-21.6-5) Sec. 12-21.6-5. Parent or guardian leaving custody or control of child with child sex offender. (a) For the purposes of this Section, "minor" means a person under 18 years of age; and "child sex offender" means a sex offender who is required to register under the Sex Offender Registration Act and is a child sex offender as defined in Sections 11-9.3 and 11-9.4 of this Code. (b) It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor. (c) This Section does not apply to leaving the minor in the custody or control of, or allowing unsupervised access to the minor by: (1) a child sex offender who is the parent of the | ||
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(2) a person convicted of a violation of subsection | ||
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(3) a child sex offender who is married to and | ||
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This subsection (c) shall not be construed to allow a child sex offender to knowingly reside within 500 feet of the minor victim of the sex offense if prohibited by subsection (b-6) of Section 11-9.4 of this Code. (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor. (e) Nothing in this Section shall prohibit the filing of a petition or the instituting of any proceeding under Article II of the Juvenile Court Act of 1987 relating to abused minors.
(Source: P.A. 96-1094, eff. 1-1-11.) |
(720 ILCS 5/12-21.7)
Sec. 12-21.7. (Repealed).
(Source: P.A. 94-12, eff. 1-1-06. Repealed by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-22)
(This Section was renumbered as Section 12C-15 by P.A. 97-1109.) Sec. 12-22.
(Renumbered).
(Source: P.A. 88-479. Renumbered by P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
(This Section was renumbered as Section 12-3.4 by P.A. 96-1551.)
Sec. 12-30. (Renumbered). (Source: P.A. 97-311, eff. 8-11-11. Renumbered by P.A. 96-1551, Article 1, Section 5, eff. 7-1-11.)
|
(720 ILCS 5/12-31) (from Ch. 38, par. 12-31)
(This Section was renumbered as Section 12-34.5 by P.A. 96-1551.) Sec. 12-31.
(Renumbered).
(Source: P.A. 88-392. Renumbered by P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
Sec. 12-32. Ritual mutilation.
(a) A person commits ritual mutilation when he or she
knowingly mutilates, dismembers or tortures another person as part of a ceremony, rite,
initiation, observance, performance or practice, and the victim did not consent
or under such circumstances that the defendant knew or should have known that
the victim was unable to render effective consent.
(b) Ritual mutilation does not include the practice of
male circumcision or a ceremony, rite, initiation, observance, or
performance related thereto.
(c) Sentence. Ritual mutilation is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
Sec. 12-33. Ritualized abuse of a child.
(a) A person commits ritualized abuse of a child when he or she
knowingly commits any of the following acts with, upon, or in the presence of a child
as part of a ceremony, rite or any similar observance:
(1) actually or in simulation, tortures, mutilates, | ||
| ||
(2) forces ingestion, injection or other application | ||
| ||
(3) forces ingestion, or external application, of | ||
| ||
(4) involves the child in a mock, unauthorized or | ||
| ||
(5) places a living child into a coffin or open grave | ||
| ||
(6) threatens death or serious harm to a child, his | ||
| ||
(7) unlawfully dissects, mutilates, or incinerates a | ||
| ||
(b) The provisions of this Section shall not be construed to apply to:
(1) lawful agricultural, animal husbandry, food | ||
| ||
(2) the lawful medical practice of male circumcision | ||
| ||
(3) any state or federally approved, licensed, or | ||
| ||
(4) the ingestion of animal flesh or blood in the | ||
| ||
(b-5) For the purposes of this Section, "child" means any person under 18 years of age. (c) Ritualized abuse of a child is a Class 1 felony for a first
offense. A second or subsequent conviction for ritualized abuse of a child
is a Class X felony for which an offender who has attained the age of 18 years at the time of the commission of the offense may be sentenced to a term of
natural life imprisonment and an offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(d) (Blank).
(Source: P.A. 99-69, eff. 1-1-16.)
|
(720 ILCS 5/12-34)
Sec. 12-34. Female genital mutilation.
(a) Except as otherwise permitted in subsection (b), whoever knowingly
circumcises, excises, or infibulates, in whole or in part, the labia majora,
labia minora, or clitoris of another commits female genital
mutilation. Consent to the procedure by a minor on whom it is performed or by
the minor's parent or guardian is not a defense to a violation of this Section.
(a-5) A parent, guardian, or other person having physical custody or control of a child who knowingly facilitates or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of the child commits female genital mutilation. (b) A surgical procedure is not a violation of subsection (a) if the
procedure is performed by a physician licensed to practice medicine in all its branches and:
(1) is necessary to the health of the person on whom | ||
| ||
(2) is performed on a person who is in labor or who | ||
| ||
(c) Sentence. Female genital mutilation as described in subsection (a) is a Class X felony. Female genital mutilation as described in subsection (a-5) is a Class 1 felony.
(Source: P.A. 101-285, eff. 1-1-20.)
|
(720 ILCS 5/Art. 12, Subdiv. 25 heading)
SUBDIVISION 25. OTHER HARM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.) |
(720 ILCS 5/12-34.5) (was 720 ILCS 5/12-31)
Sec. 12-34.5. Inducement to commit suicide.
(a) A person commits inducement to commit suicide when he or she does either of the
following:
(1) Knowingly coerces another to commit suicide and | ||
| ||
(2) With knowledge that another person intends to | ||
| ||
For the purposes of
this Section, "attempts to commit suicide" means any act done with the intent
to
commit suicide and which constitutes a substantial step toward commission of
suicide.
(b) Sentence. Inducement to commit suicide under paragraph (a)(1) when
the other person
commits suicide as a direct result of the coercion is a Class 2 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
commits suicide as a direct result of the assistance provided is a Class 4
felony.
Inducement to commit suicide under paragraph (a)(1) when the other person
attempts to commit
suicide as a direct result of the coercion is a Class 3 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
attempts to commit suicide as a direct result of the assistance provided is a
Class A misdemeanor.
(c) The lawful compliance or a good-faith attempt at lawful compliance
with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers
of Attorney for Health Care Law is not inducement to commit suicide under
paragraph (a)(2) of this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-35)
Sec. 12-35. Sexual conduct or sexual contact with an animal.
(a) A person may not knowingly engage in any sexual conduct or sexual
contact with an
animal.
(b) A person may not knowingly cause, aid, or abet another person to engage
in any
sexual conduct or sexual contact with an animal.
(c) A person may not knowingly permit any sexual conduct or sexual contact
with an
animal to be conducted on any premises under his or her charge or
control.
(d) A person may not knowingly engage in, promote, aid, or abet any activity
involving any sexual conduct or sexual contact with an animal for
a commercial or recreational purpose.
(e) Sentence. A person who violates this Section is guilty of a Class 4
felony.
A person who violates this Section in the presence of a person under 18 years
of age or causes the animal serious physical injury or death is guilty of a
Class 3
felony.
(f) In addition to the penalty imposed in subsection (e), the court may
order that the defendant do any of the following:
(1) Not harbor animals or reside in any household | ||
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(2) Relinquish and permanently forfeit all animals | ||
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(3) Undergo a psychological evaluation and counseling | ||
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(4) Reimburse the animal shelter or humane society | ||
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(g) Nothing in this Section shall be construed to prohibit accepted animal
husbandry practices or accepted veterinary medical practices by a
licensed veterinarian or certified veterinary technician.
(h) If the court has reasonable grounds to believe that a violation
of this Section has occurred, the court may order
the seizure of
all animals involved in the alleged violation as a condition of bond of a
person charged with a violation of this Section.
(i) In this Section:
"Animal" means every creature, either alive or dead, other than a human
being.
"Sexual conduct" means any knowing touching or
fondling by a person, either directly or through
clothing, of the sex organs or anus of an animal or
any transfer or transmission of semen by the person upon any part of
the animal, for the purpose of sexual
gratification or arousal of the person.
"Sexual contact" means any contact, however slight, between
the sex organ or anus of a person and the sex organ, mouth,
or anus of an animal, or any intrusion, however slight, of any part
of the body of the person into the sex organ
or anus of an animal, for the purpose of sexual gratification or arousal of the
person. Evidence of emission of semen is not
required to prove sexual contact.
(Source: P.A. 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/12-36) Sec. 12-36. Possession of unsterilized or vicious dogs by felons prohibited. (a) For a period of 10 years commencing upon the release of a person from incarceration, it is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Section 26-5 or 48-1 of this Code, a felony violation of Article 24 of this Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, to knowingly own, possess, have custody of, or reside in a residence with, either: (1) an unspayed or unneutered dog or puppy older than | ||
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(2) irrespective of whether the dog has been spayed | ||
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(b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as described in subsection (a), must be microchipped for permanent identification. (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor. (d) It is an affirmative defense to prosecution under this Section that the dog in question is neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the defendant being charged with a violation of this Section. Medical records from, or the certificate of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally examined or operated upon the dog, unambiguously indicating whether the dog in question has been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
(Source: P.A. 96-185, eff. 1-1-10; 97-1108, eff. 1-1-13.) |
(720 ILCS 5/12-37) Sec. 12-37. Possession and sale of caustic and noxious substances. (a) Except as provided in subsection (b), it is unlawful for any person knowingly to have in his or her possession or to carry about any of the substances which are regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and are required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label. (b) Provided that the product is not used to threaten, intimidate, injure, or cause distress to another, the restrictions of subsection (a) do not apply to: (1) persons while engaged in the legitimate | ||
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(2) persons while engaged in legitimate scientific or | ||
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(3) persons who have procured any of the specified | ||
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(4) commercial or consumer products that contain any | ||
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(5) production agriculture as defined in Section 3-5 | ||
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(6) persons while engaged in the possession or | ||
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(7) persons while engaged in the possession, | ||
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(8) persons engaged in the possession, | ||
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(c) Sentence. A violation of this Section is a Class 4 felony. (d) The regulation of the possession and carrying of caustic and noxious substances under this Section is an exclusive power and function of the State. A home rule unit may not regulate the possession and carrying of caustic and noxious substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12.) |
(720 ILCS 5/12-38) Sec. 12-38. Restrictions on purchase or acquisition of corrosive or caustic acid. (a) A person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and is required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, must prior to taking possession: (1) provide a valid driver's license or other | ||
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(2) sign a log documenting the name and address of | ||
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(b) Exemption. The requirements of subsection (a) do not apply to batteries or household products. For the purposes of this Section, "household product" means any product which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household, including, but not limited to, products which are customarily produced and distributed for use in or about a household as a cleaning agent, drain cleaner, pesticide, epoxy, paint, stain, or similar substance. (c) Rules and Regulations. The Illinois State Police shall have the authority to promulgate rules for the implementation and enforcement of this Section. (d) Sentence. Any violation of this Section is a business offense for which a fine not exceeding $150 for the first violation, $500 for the second violation, or $1,500 for the third and subsequent violations within a 12-month period shall be imposed. (e) Preemption. The regulation of the purchase or acquisition, or both, of a caustic or corrosive substance and any registry regarding the sale or possession, or both, of a caustic or corrosive substance is an exclusive power and function of the State. A home rule unit may not regulate the purchase or acquisition of caustic or corrosive substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/Art. 12A heading)
ARTICLE 12A. VIOLENT VIDEO GAMES
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-1)
Sec. 12A-1. Short title.
This Article may be cited as the Violent Video Games Law.(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-5)
Sec. 12A-5. Findings.
(a) The General Assembly finds that minors who play violent video games are more likely to:
(1) Exhibit violent, asocial, or aggressive behavior. (2) Experience feelings of aggression. (3) Experience a reduction of activity in the frontal | ||
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(b) While the video game industry has adopted its own voluntary standards describing which games are appropriate for minors, those standards are not adequately enforced. (c) Minors are capable of purchasing and do purchase violent video games. (d) The State has a compelling interest in assisting parents in protecting their minor children from violent video games.
(e) The State has a compelling interest in preventing violent, aggressive, and asocial behavior. (f) The State has a compelling interest in preventing psychological harm to minors who play violent video games. (g) The State has a compelling interest in eliminating any societal factors that may inhibit the physiological and neurological development of its youth. (h) The State has a compelling interest in facilitating the maturation of Illinois' children into law-abiding, productive adults.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-10)
Sec. 12A-10. Definitions.
For the purposes of this Article, the following terms have the following meanings: (a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. (c) "Minor" means a person under 18 years of age. (d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Violent" video games include depictions of or simulations of human-on-human violence in which the player kills or otherwise causes serious physical harm to another human. "Serious physical harm" includes depictions of death, dismemberment, amputation, decapitation, maiming, disfigurement, mutilation of body parts, or rape.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-15)
Sec. 12A-15. Restricted sale or rental of violent video games. (a) A person who sells, rents, or permits to be sold or rented, any violent video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed. (b) A person who sells, rents, or permits to be sold or rented any violent video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed. (c) A person may not sell or rent, or permit to be sold or rented, any violent video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.
(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-20)
Sec. 12A-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense: (1) that the defendant was a family member of the | ||
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(2) that the minor who purchased the video game | ||
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(3) for the video game retailer, if the retail sales | ||
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(4) that the video game sold or rented was | ||
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(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12A-25)
Sec. 12A-25. Labeling of violent video games. (a) Video game retailers shall label all violent video games as defined in this Article, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package. (b) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/Art. 12B heading)
ARTICLE 12B. SEXUALLY EXPLICIT VIDEO GAMES
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-1)
Sec. 12B-1. Short title.
This Article may be cited as the Sexually Explicit Video Games Law.(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-5)
Sec. 12B-5. Findings.
The General Assembly finds sexually explicit video games inappropriate for minors and that the State has a compelling interest in assisting parents in protecting their minor children from sexually explicit video games.(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-10)
Sec. 12B-10. Definitions.
For the purposes of this Article, the following terms have the following meanings: (a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
(c) "Minor" means a person under 18 years of age.
(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Sexually explicit" video games include those that the average person, applying contemporary community standards would find, with respect to minors, is designed to appeal or pander to the prurient interest and depict or represent in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-15)
Sec. 12B-15. Restricted sale or rental of sexually explicit video games. (a) A person who sells, rents, or permits to be sold or rented, any sexually explicit video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed. (b) A person who sells, rents, or permits to be sold or rented any sexually explicit video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed. (c) A person may not sell or rent, or permit to be sold or rented, any sexually explicit video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.
(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a sexually explicit video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-20)
Sec. 12B-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense: (1) that the defendant was a family member of the | ||
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(2) that the minor who purchased the video game | ||
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(3) for the video game retailer, if the retail sales | ||
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(4) that the video game sold or rented was | ||
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(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-25)
Sec. 12B-25. Labeling of sexually explicit video games. (a) Video game retailers shall label all sexually explicit video games as defined in this Act, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package. (b) A retailer who fails to comply with this Section is guilty of a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-30)
Sec. 12B-30. Posting notification of video games rating system.
(a) A retailer who sells or rents video games shall post a sign that notifies customers that a video game rating system, created by the Entertainment Software Ratings Board, is available to aid in the selection of a game. The sign shall be prominently posted in, or within 5 feet of, the area in which games are displayed for sale or rental, at the information desk if one exists, and at the point of purchase. (b) The lettering of each sign shall be printed, at a minimum, in 36-point type and shall be in black ink against a light colored background, with dimensions of no less than 18 by 24 inches. (c) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/12B-35)
Sec. 12B-35. Availability of brochure describing rating system.
(a) A video game retailer shall make available upon request a brochure to customers that explains the Entertainment Software Ratings Board ratings system. (b) A retailer who fails to comply with this Section shall receive the punishment described in subsection (b) of Section 12B-25.
(Source: P.A. 94-315, eff. 1-1-06.) |
(720 ILCS 5/Art. 12C heading) ARTICLE 12C. HARMS TO CHILDREN
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/Art. 12C, Subdiv. 1 heading) SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
Sec. 12C-5. Endangering the life or health of a child.
(a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or
health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life
or health. It is not a violation of this Section for a person to relinquish a child
in accordance with the Abandoned Newborn Infant Protection Act.
(b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left in a motor
vehicle for more than 10 minutes.
(c) "Unattended" means either: (i) not accompanied by a person 14 years
of age or older; or (ii) if accompanied by a person 14 years of age or older,
out of sight of that person.
(d) Sentence. A violation of this Section is a Class A misdemeanor. A second or
subsequent violation of this Section is a Class 3 felony. A violation of
this Section that is a proximate cause of the death of the child is a Class
3 felony for which a person, if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
Sec. 12C-10. Child abandonment.
(a) A person commits child abandonment when he or
she, as a parent, guardian, or other person having physical custody or control
of a child, without regard for the mental or physical health, safety, or
welfare of that child, knowingly permits a child to engage in independent activities that
were unreasonable under the circumstances or for an unreasonable period of time without regard for
the minor's mental or physical health, safety, or well-being. For the purposes of this Section, no specific
age shall be determinative of reasonableness. Reasonableness shall be determined by the maturity of each
individual child. It is not a violation of this Section for a person to relinquish a child in accordance with the
Abandoned Newborn Infant Protection Act.
(b) For the purposes of determining whether the child was left without
regard for the mental or physical health, safety, or welfare of that child, the
trier of fact shall consider the following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the | ||
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(4) the duration of time in which the child was left | ||
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(5) the condition and location of the place where the | ||
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(6) the time of day or night when the child was left | ||
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(7) the weather conditions, including whether the | ||
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(8) the location of the parent, guardian, or other | ||
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(9) whether the child's movement was restricted, or | ||
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(10) whether the child was given a phone number of a | ||
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(11) whether there was food and other provision left | ||
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(12) whether any of the conduct is attributable to | ||
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(13) the age and physical and mental capabilities of | ||
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(14) any other factor that would endanger the health | ||
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(15) whether the child was left under the supervision | ||
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(c) Child abandonment is a Class 4 felony. A second or subsequent offense
after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 103-233, eff. 6-30-23.)
|
(720 ILCS 5/12C-15)
(was 720 ILCS 5/12-22)
Sec. 12C-15. Child abandonment or endangerment; probation.
(a) Whenever a parent of a child as determined by the court on the facts
before it, pleads guilty to or is found guilty of, with respect to his or her
child, child abandonment under Section 12C-10 of this Article or
endangering the life or health of a child under Section 12C-5 of this Article, the court may, without entering a judgment of guilt and with the
consent of the person, defer further proceedings and place the person upon
probation upon the reasonable terms and conditions as the court may require.
At least one term of the probation shall require the person to cooperate with
the Department of Children and Family Services at the times and in the programs
that the Department of Children and Family Services may require.
(b) Upon fulfillment of the terms and conditions imposed under subsection
(a), the court shall discharge the person and dismiss the proceedings.
Discharge and dismissal under this Section shall be without court adjudication
of guilt and shall not be considered a conviction for purposes of
disqualification or disabilities imposed by law upon conviction of a crime.
However, a record of the disposition shall be reported by the clerk of the
circuit court to the Illinois State Police under Section 2.1 of the
Criminal Identification Act, and the record shall be maintained and provided to
any civil authority in connection with a determination of whether the person is
an acceptable candidate for the care, custody and supervision of children.
(c) Discharge and dismissal under this Section may occur only once.
(d) Probation under this Section may not be for a period of less than 2
years.
(e) If the child dies of the injuries alleged, this Section shall be
inapplicable.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(720 ILCS 5/12C-20) Sec. 12C-20. Abandonment of a school bus containing children. (a) A school bus driver commits abandonment of a school bus containing children when he or she knowingly abandons
the school bus while it contains any children who are without other adult
supervision, except in an emergency where the driver is seeking help or
otherwise acting in the best interests of the children. (b) Sentence. A violation of this Section is a Class A misdemeanor for a first offense, and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-25) Sec. 12C-25. Contributing to the dependency and neglect of a minor. (a) Any parent, legal guardian or person having the custody of a child
under the age of 18 years commits contributing to the dependency and neglect of a minor when he or she knowingly: (1) causes, aids, or
encourages such minor to be or to become a dependent and neglected minor; (2) does acts which directly
tend to render any such minor so dependent and neglected; or (3) fails to do that which will directly tend to prevent such state
of dependency and neglect. It is not a violation of this Section for a person
to relinquish a child in accordance with the Abandoned Newborn Infant
Protection Act. (b) "Dependent and neglected minor" means any child who, while under the age of 18 years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be is an unfit place for such child; and any child who while under the age of 10 years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing. (c) Sentence. A violation of this Section is a Class A misdemeanor. (d) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-30)
(was 720 ILCS 5/33D-1)
Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor. (a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent. (b) Contributing to the criminal delinquency of a
minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with
the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is
either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
(c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense. (d) Sentence. (1) A violation of subsection (a) is a Class A | ||
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(2) A violation of subsection (b) is: (i) a Class C misdemeanor if the offense | ||
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(ii) a Class B misdemeanor if the offense | ||
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(iii) a Class A misdemeanor if the offense | ||
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(iv) a Class 4 felony if the offense committed is | ||
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(v) a Class 3 felony if the offense committed is | ||
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(vi) a Class 2 felony if the offense committed is | ||
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(vii) a Class 1 felony if the offense committed | ||
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(viii) a Class X felony if the offense committed | ||
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(3) A violation of subsection (b) incurs the same | ||
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(e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/Art. 12C, Subdiv. 5 heading) SUBDIVISION 5. BODILY HARM OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
Sec. 12C-35. Tattooing the body of a minor. (a) A person, other than a person
licensed
to practice medicine in all its branches, commits tattooing the body of a minor when he or she knowingly or recklessly tattoos or offers to tattoo
a person under the age of 18.
(b) A person who is an owner or employee of a business that performs
tattooing, other than a
person licensed to practice medicine in all
its branches,
may not permit a person under 18 years of age to enter or remain on the
premises where
tattooing
is being performed unless the person under 18 years of age is accompanied by
his or her
parent or legal guardian. (c) "Tattoo" means to insert pigment under
the
surface of the skin of a human being, by pricking with a needle or otherwise,
so as to produce an indelible mark or figure visible through the skin.
(d) Subsection (a) of this Section does not apply to a person under 18 years of age who tattoos or offers to tattoo another person under 18 years of age away from the premises of any business at which tattooing is performed. (d-5) Subsections (a) and (b) of this Section do not apply to the removal of a tattoo from a person under 18 years of age, who is a victim of a violation of Section 10-9 of this Code or who is or has been a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, if the removal of the tattoo is performed in an establishment or multi-type establishment which has received a certificate of registration from the Department of Public Health or its agent under the Tattoo and Body Piercing Establishment Registration Act and the removal of the tattoo is performed by the operator or an authorized employee of the operator of the establishment or multi-type establishment. For the purposes of this subsection (d-5), "tattoo" also means the indelible mark or figure visible through the skin created by tattooing. (e) Sentence. A violation of this Section is a Class A misdemeanor.(Source: P.A. 97-1109, eff. 1-1-13; 98-936, eff. 8-15-14.)
|
(720 ILCS 5/12C-40)
(was 720 ILCS 5/12-10.1)
Sec. 12C-40. Piercing the body of a minor.
(a)(1) A person commits piercing the body of a minor when he or she knowingly or recklessly pierces the body of a person under 18
years of age without written consent of a parent or legal guardian of that
person. Before the oral
cavity of a person under 18 years of age may be pierced, the written consent
form signed by the parent or legal guardian must contain a provision in
substantially the following form:
"I understand that the oral piercing of the tongue, lips, cheeks, or
any other area of the oral cavity carries serious risk of infection or damage
to the mouth and teeth, or both infection and damage to those areas,
that could result but is not limited to nerve damage, numbness, and life
threatening blood clots.".
A person who pierces the oral cavity of a person under 18 years of age
without obtaining a signed written consent form from a parent or legal guardian
of the person that includes the provision describing the health risks of body
piercing, violates this Section.
(2) A person who is an owner or employed by a business that performs
body
piercing may not permit a person under 18 years of age to enter or remain on
the
premises where body piercing is being performed unless the person under 18
years of age
is accompanied by his or her parent or legal guardian.
(b) "Pierce" means to make a hole
in the body in order to insert or allow the insertion of any
ring, hoop, stud, or other object for the purpose of ornamentation of the
body. "Piercing" does not include tongue splitting as defined in Section
12-10.2. The term "body" includes the oral cavity.
(c) Exceptions. This Section may not be construed in any way to prohibit
any injection, incision, acupuncture, or similar medical or dental procedure
performed by a licensed health care professional or other person authorized to
perform that procedure or the presence on the premises where that procedure is being performed by a
health care professional or other person authorized to perform that procedure
of
a person
under 18 years of age who is not accompanied by a parent or legal guardian. This Section does not prohibit ear piercing. This
Section does not apply to a minor emancipated under the Juvenile Court Act of
1987 or the Emancipation of Minors Act or by marriage. This Section does not apply to a person under 18 years of age who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which body piercing or oral cavity piercing is performed.
(d) Sentence. A violation of this Section is a Class A misdemeanor. (Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12C-45)
(was 720 ILCS 5/12-4.9)
Sec. 12C-45. Drug induced infliction of harm to a child
athlete.
(a) A person commits drug induced infliction of harm to a child athlete when he or she knowingly distributes a drug
to or encourages
the ingestion of a drug by
a person under the age of 18 with the intent
that the
person under the age of 18 ingest the drug for the purpose of a quick weight
gain or loss in connection with participation in athletics.
(b) This Section does not apply to care under usual and customary
standards of medical practice by a physician licensed to practice medicine in
all its branches or to the sale of drugs or products by
a retail merchant.
(c) Drug induced infliction of harm to a child athlete is a
Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/12C-50) Sec. 12C-50. Hazing. (a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution, if: (1) the act is not sanctioned or authorized by that | ||
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(2) the act results in bodily harm to any person. (a-1) It is not a defense to a prosecution under subsection (a) that the person against whom the hazing was directed consented to or acquiesced in the hazing. (b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony. (Source: P.A. 103-765, eff. 1-1-25.) |
(720 ILCS 5/12C-50.1) Sec. 12C-50.1. Failure to report hazing. (a) For purposes of this Section, "school official" includes any and all paid school administrators, teachers, counselors, support staff, and coaches and any and all volunteer coaches employed by a school, college, university, or other educational institution of this State. (b) A school official commits failure to report hazing when: (1) while fulfilling his or her official | ||
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(2) the act results in bodily harm to any person; and (3) the school official knowingly fails to report the | ||
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(c) Sentence. Failure to report hazing is a Class B misdemeanor. If the act which the person failed to report resulted in death or great bodily harm, the offense is a Class A misdemeanor. (d) It is an affirmative defense to a charge of failure to report hazing under this Section that the person who personally observed the act had a reasonable apprehension that timely action to stop the act would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting. (e) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of hazing and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-393, eff. 8-16-13.) |
(720 ILCS 5/Art. 12C, Subdiv. 10 heading) SUBDIVISION 10. CURFEW OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-60) Sec. 12C-60. Curfew. (a) Curfew offenses. (1) A minor commits a curfew offense when he or she | ||
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(2) A parent or guardian of a minor or other person | ||
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(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was: (1) accompanied by the minor's parent or guardian or | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity or going to or | ||
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(5) involved in an emergency; (6) on the sidewalk abutting the minor's residence or | ||
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(7) attending an official school, religious, or other | ||
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(8) exercising First Amendment rights protected by | ||
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(9) married or had been married or is an emancipated | ||
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(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section: (1) "Curfew hours" means: (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; | ||
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(C) Between 11:00 p.m. on Sunday to Thursday, | ||
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(2) "Emergency" means an unforeseen combination of | ||
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(3) "Establishment" means any privately-owned place | ||
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(4) "Guardian" means: (A) a person who, under court order, is the | ||
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(B) a public or private agency with whom a minor | ||
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(5) "Minor" means any person under 17 years of age. (6) "Parent" means a person who is: (A) a natural parent, adoptive parent, or | ||
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(B) at least 18 years of age and authorized by a | ||
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(7) "Public place" means any place to which the | ||
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(8) "Remain" means to: (A) linger or stay; or (B) fail to leave premises when requested to do | ||
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(9) "Serious bodily injury" means bodily injury that | ||
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(e) Sentence. A violation of this Section
is a petty offense with a fine of not less than
$10 nor
more than $500, except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's legal guardian,
shall be subject to any fine. In addition to or instead of the
fine imposed
by this Section, the court may order a parent, legal guardian, or other person
convicted of a violation of subsection (a) of this
Section to perform community service as determined by the court, except that
the legal guardian of a person subject to delinquency proceedings or who has been made a ward of the court under the
Juvenile Court Act of 1987 may not be ordered to perform community service.
The dates and
times established for the performance of community service by the parent, legal
guardian, or other person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the person is
employed in his or her regular occupation. Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (f) County, municipal and other local boards and bodies authorized to
adopt local police laws and regulations under the constitution and laws of
this State may exercise legislative or regulatory authority over this
subject matter by ordinance or resolution incorporating the substance of
this Section or increasing the requirements thereof or otherwise not in
conflict with this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-379, eff. 7-28-23.) |
(720 ILCS 5/Art. 12C, Subdiv. 15 heading) SUBDIVISION 15. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/12C-65)
(was 720 ILCS 5/44-2 and 5/44-3)
Sec. 12C-65. Unlawful transfer of a telecommunications device to a minor. (a) A person commits unlawful transfer of a
telecommunications device to a minor when he or she gives, sells or otherwise
transfers possession of a telecommunications device to a person under 18
years of age with the intent that the device be used to commit any offense
under this Code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) "Telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts. (c) Sentence. A violation of this Section is a
Class A misdemeanor.
(d) Seizure and forfeiture of property. Any person who commits the offense of unlawful transfer of a telecommunications device to a minor as set forth in this Section is subject to the property forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12C-70) Sec. 12C-70. Adoption compensation prohibited. (a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution,
society, or other organization, except a child welfare agency as defined by
the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of
value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969. (b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value,
directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or other
organization except a child welfare agency as defined by the Child Care
Act of 1969. (c) Certain payments of salaries and medical expenses not prevented. (1) The provisions of this Section shall not be | ||
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(2) The provisions of this Section shall not be | ||
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(3) The provisions of this Section shall not be | ||
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(d) Payment of certain expenses. (1) A prospective adoptive parent shall be permitted | ||
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"Reasonable living expenses" means those expenses | ||
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(2)(A) The prospective adoptive parents may seek | ||
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(B) Notwithstanding clause (2)(A) of this subsection | ||
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(C) If the court finds an accounting by the | ||
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(3) Payments under this subsection (d) shall be | ||
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(4) Payment of their reasonable living expenses, as | ||
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(5) Notwithstanding paragraph (4) of this subsection | ||
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(6) No person or entity shall offer, provide, or | ||
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(7) Within 14 days after the completion of all | ||
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(8) If the placement of a child for adoption is made | ||
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(9) The prospective adoptive parents shall be | ||
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(10) The court may appoint a guardian ad litem for an | ||
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(11) The provisions of this subsection (d) apply to a | ||
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(e) Injunctive relief. (A) Whenever it appears that any person, agency, | ||
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(B) Whenever it appears that any person, agency, | ||
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(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a
Class 3 felony. (g) "Adoption services" has the meaning given that term in the Child Care Act of 1969. (h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care. (i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(720 ILCS 5/Art. 14 heading) ARTICLE 14.
EAVESDROPPING
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(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definitions.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used to hear or
record oral conversation or intercept, or transcribe electronic
communications whether such conversation or electronic communication is
conducted in person,
by telephone, or by any other means; Provided, however, that this
definition shall not include devices used for the restoration of the deaf
or hard-of-hearing to normal or partial hearing.
(b) Eavesdropper.
An eavesdropper is any person, including any law enforcement officer and any party to a private conversation, who
operates or participates in the operation of any eavesdropping device
contrary to the provisions of this Article or who acts as a principal, as defined in this Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses an | ||
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(2) Knowingly derives any benefit or information from | ||
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(3) Directs another to use an eavesdropping device | ||
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(d) Private conversation.
For the purposes of this Article, "private conversation" means any oral
communication between 2 or more persons, whether in person or transmitted between the parties by wire or other means, when one or more of
the parties intended the communication to be of a private nature under
circumstances reasonably justifying that expectation. A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution.
(e) Private electronic communication.
For purposes of this Article, "private electronic communication" means any
transfer of signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or part by a wire, radio, pager, computer,
electromagnetic, photo electronic or photo optical system, when the sending
or receiving party intends the electronic communication to be private under circumstances reasonably justifying that expectation. A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution. Electronic communication does not include any communication
from a tracking device. (f) Bait car. For purposes of this Article, "bait car" means any motor vehicle that is not occupied by a law enforcement officer and is used by a law enforcement agency to deter, detect, identify, and assist in the apprehension of an auto theft suspect in the act of stealing a motor vehicle.
(g) Surreptitious. For purposes of this Article, "surreptitious" means obtained or made by stealth or deception, or executed through secrecy or concealment. (Source: P.A. 98-1142, eff. 12-30-14.)
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(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
Sec. 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he or she knowingly and intentionally:
(1) Uses an eavesdropping device, in a surreptitious | ||
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(2) Uses an eavesdropping device, in a surreptitious | ||
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(3) Intercepts, records, or transcribes, in a | ||
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(4) Manufactures, assembles, distributes, or | ||
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(5) Uses or discloses any information which he or she | ||
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(a-5) It does not constitute a violation of this Article to surreptitiously use an eavesdropping device to overhear, transmit, or record a private conversation, or to surreptitiously intercept, record, or transcribe a private electronic communication, if the overhearing, transmitting, recording, interception, or transcription is done in accordance with Article 108A or Article 108B of the Code of Criminal Procedure of 1963.
(b) It is an affirmative defense to a charge brought under this
Article relating to the interception of a privileged communication that the
person charged:
1. was a law enforcement officer acting pursuant to | ||
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2. at the time the communication was intercepted, the | ||
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3. stopped the interception within a reasonable time | ||
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4. did not disclose the contents of the communication.
(c) It is not unlawful for a manufacturer or a supplier of
eavesdropping devices, or a provider of wire or electronic communication
services, their agents, employees, contractors, or venders to manufacture,
assemble, sell, or possess an eavesdropping device within the normal course of
their business for purposes not contrary to this Article or for law enforcement
officers and employees of the Illinois Department of Corrections to
manufacture, assemble, purchase, or possess an eavesdropping device
in preparation for or within the course of their official duties.
(d) The interception, recording, or transcription of an electronic
communication by an employee of a penal institution is not
prohibited under this Act, provided that the interception, recording, or
transcription is:
(1) otherwise legally permissible under Illinois law;
(2) conducted with the approval of the penal | ||
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(3) within the scope of the employee's official | ||
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For the purposes of this subsection (d), "penal institution" has the meaning ascribed to it in clause (c)(1) of Section 31A-1.1.
(e) Nothing in this Article shall prohibit any individual, not a law enforcement officer, from recording a law enforcement officer in the performance of his or her duties in a public place or in circumstances in which the officer has no reasonable expectation of privacy. However, an officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order. (Source: P.A. 98-1142, eff. 12-30-14; 99-352, eff. 1-1-16.)
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(720 ILCS 5/14-3) (Text of Section before amendment by P.A. 104-245) Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article: (a) Listening to radio, wireless electronic | ||
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(b) Hearing conversation when heard by employees of | ||
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(c) Any broadcast by radio, television or otherwise | ||
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(d) Recording or listening with the aid of any device | ||
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(e) Recording the proceedings of any meeting required | ||
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(f) Recording or listening with the aid of any device | ||
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(g) With prior notification to the State's Attorney | ||
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(g-5) (Blank); (g-6) With approval of the State's Attorney of the | ||
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(h) Recordings made simultaneously with the use of an | ||
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For the purposes of this subsection (h), "enforcement | ||
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(h-5) Recordings of utterances made by a person while | ||
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(h-10) Recordings made simultaneously with a video | ||
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(h-15) Recordings made under subsection (h), (h-5), | ||
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(i) Recording of a conversation made by or at the | ||
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(j) The use of a telephone monitoring device by | ||
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(i) the monitoring is used for the purpose of | ||
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(ii) the monitoring is used with the consent of | ||
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No communication or conversation or any part, | ||
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When recording or listening authorized by this | ||
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Business entities that use a telephone monitoring or | ||
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Business entities that use a telephone monitoring or | ||
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For the purposes of this subsection (j), "telephone | ||
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(i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or | ||
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(iii) assisting in the use of goods or services; | ||
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(iv) engaging in the solicitation, | ||
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For the purposes of this subsection (j), "marketing | ||
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(k) Electronic recordings, including but not limited | ||
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(l) Recording the interview or statement of any | ||
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(m) An electronic recording, including but not | ||
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Recordings made pursuant to this subsection (m) shall | ||
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(n) Recording or listening to an audio transmission | ||
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(o) The use of an eavesdropping camera or audio | ||
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(p) Recording or listening with the aid of any device | ||
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(q)(1) With prior request to and written or verbal | ||
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(2) Request for approval. To invoke the exception | ||
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(A) his or her full or partial name, nickname or | ||
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(B) a physical description; or (C) failing either (A) or (B) of this paragraph | ||
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(3) Limitations on approval. Each written approval | ||
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(A) a recording or interception conducted by a | ||
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(B) recording or intercepting conversations with | ||
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(C) a reasonable period of time but in no event | ||
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(D) the written request for approval, if | ||
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(3.5) The written memorialization of the request for | ||
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(3.10) Beginning March 1, 2015, each State's Attorney | ||
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(A) the number of requests for each qualified | ||
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(B) the number of approvals for each qualified | ||
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(4) Admissibility of evidence. No part of the | ||
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(A) the qualified offense for which approval was | ||
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(B) a forcible felony committed directly in the | ||
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(C) any other forcible felony committed while the | ||
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(5) Compliance with the provisions of this | ||
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(6) Use of recordings or intercepts unrelated to | ||
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(6.5) The Illinois State Police shall adopt rules as | ||
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(7) Definitions. For the purposes of this subsection | ||
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"Forcible felony" includes and is limited to | ||
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"Qualified offense" means and is limited to: (A) a felony violation of the Cannabis | ||
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(i) Section 4 of the Cannabis Control Act; (ii) Section 402 of the Illinois | ||
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(iii) Section 60 of the Methamphetamine | ||
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(B) first degree murder, solicitation of | ||
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"State's Attorney" includes and is limited to the | ||
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(8) Sunset. This subsection (q) is inoperative on | ||
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(9) Recordings, records, and custody. Any private | ||
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(r) Electronic recordings, including but not limited | ||
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(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-918, eff. 5-27-22.) (Text of Section after amendment by P.A. 104-245) Sec. 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article: (a) Listening to radio, wireless electronic | ||
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(b) Hearing conversation when heard by employees of | ||
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(c) Any broadcast by radio, television or otherwise | ||
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(d) Recording or listening with the aid of any device | ||
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(e) Recording the proceedings of any meeting required | ||
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(f) Recording or listening with the aid of any device | ||
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(g) With prior notification to the State's Attorney | ||
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(g-5) (Blank); (g-6) With approval of the State's Attorney of the | ||
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(h) Recordings made simultaneously with the use of an | ||
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For the purposes of this subsection (h), "enforcement | ||
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(h-5) Recordings of utterances made by a person while | ||
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(h-10) Recordings made simultaneously with a video | ||
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(h-15) Recordings made under subsection (h), (h-5), | ||
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(i) Recording of a conversation made by or at the | ||
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(j) The use of a telephone monitoring device by | ||
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(i) the monitoring is used for the purpose of | ||
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(ii) the monitoring is used with the consent of | ||
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No communication or conversation or any part, | ||
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When recording or listening authorized by this | ||
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Business entities that use a telephone monitoring or | ||
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Business entities that use a telephone monitoring or | ||
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For the purposes of this subsection (j), "telephone | ||
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(i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or | ||
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(iii) assisting in the use of goods or services; | ||
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(iv) engaging in the solicitation, | ||
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For the purposes of this subsection (j), "marketing | ||
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(k) Electronic recordings, including but not limited | ||
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(l) Recording the interview or statement of any | ||
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(m) An electronic recording, including but not | ||
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Recordings made pursuant to this subsection (m) shall | ||
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(n) Recording or listening to an audio transmission | ||
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(o) The use of an eavesdropping camera or audio | ||
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(p) Recording or listening with the aid of any device | ||
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(q)(1) With prior request to and written or verbal | ||
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(2) Request for approval. To invoke the exception | ||
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(A) his or her full or partial name, nickname or | ||
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(B) a physical description; or (C) failing either (A) or (B) of this paragraph | ||
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(3) Limitations on approval. Each written approval by | ||
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(A) a recording or interception conducted by a | ||
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(B) recording or intercepting conversations with | ||
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(C) a reasonable period of time but in no event | ||
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(D) the written request for approval, if | ||
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(3.5) The written memorialization of the request for | ||
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(3.10) Beginning March 1, 2015, each State's Attorney | ||
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(A) the number of requests for each qualified | ||
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(B) the number of approvals for each qualified | ||
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(4) Admissibility of evidence. No part of the | ||
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(A) the qualified offense for which approval was | ||
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(B) a forcible felony committed directly in the | ||
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(C) any other forcible felony committed while the | ||
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(5) Compliance with the provisions of this subsection | ||
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(6) Use of recordings or intercepts unrelated to | ||
| ||
(6.5) The Illinois State Police shall adopt rules as | ||
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(7) Definitions. For the purposes of this subsection | ||
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"Forcible felony" includes and is limited to | ||
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"Qualified offense" means and is limited to: (A) a felony violation of the Cannabis | ||
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(i) Section 4 of the Cannabis Control Act; (ii) Section 402 of the Illinois | ||
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(iii) Section 60 of the Methamphetamine | ||
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(B) first degree murder, solicitation of | ||
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"State's Attorney" includes and is limited to the | ||
| ||
(8) Sunset. This subsection (q) is inoperative on and | ||
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(9) Recordings, records, and custody. Any private | ||
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(r) Electronic recordings, including but not limited | ||
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(Source: P.A. 104-245, eff. 1-1-26.) |
(720 ILCS 5/14-3A)
Sec. 14-3A.
Recordings, records, and custody.
(a) Any private oral communication intercepted in accordance with subsection
(g) of Section 14-3 shall, if practicable, be recorded by tape or other
comparable method. The recording shall, if practicable, be done in such a way
as will protect it from editing or other alteration. During an interception,
the interception shall be carried out by a law enforcement officer, and the
officer shall keep a signed, written record, including:
(1) The day and hours of interception or recording;
(2) The time and duration of each intercepted | ||
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(3) The parties, if known, to each intercepted | ||
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(4) A summary of the contents of each intercepted | ||
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(b) Both the written record of the interception or recording and any and all
recordings of the interception or recording shall immediately be inventoried
and shall be maintained where the chief law enforcement officer of the county
in which the interception or recording occurred directs. The written records
of the interception or recording conducted under subsection (g)
of Section 14-3 shall not be destroyed except upon an order of a court of
competent jurisdiction and in any event shall be kept for 10 years.
(Source: P.A. 88-677, eff. 12-15-94.)
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(720 ILCS 5/14-3B)
Sec. 14-3B.
Notice of interception or recording.
(a) Within a reasonable time, but not later than 60 days after the
termination of the investigation for which the interception or recording was
conducted, or immediately upon the initiation of
criminal proceedings, the person who was the subject of an interception or
recording under subsection (g) of Section 14-3 shall be served with an
inventory that shall include:
(1) Notice to any person who was the subject of the | ||
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(2) Notice of any interception or recording if the | ||
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(3) The date of the interception or recording;
(4) The period of interception or recording; and
(5) Notice of whether during the period of | ||
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(b) A court of competent jurisdiction, upon filing of a motion, may in its
discretion make available to those persons or their attorneys for inspection
those portions of the intercepted communications as the court determines to be
in the interest of justice.
(Source: P.A. 88-677, eff. 12-15-94.)
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(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. Sentence.
(a) Eavesdropping, for a first offense, is a Class 4 felony and, for a
second or subsequent offense, is a Class 3 felony.
(b) The eavesdropping of an oral conversation or an electronic
communication of any law enforcement officer, State's Attorney, Assistant
State's Attorney, the Attorney General, Assistant Attorney General, or a judge,
while in the performance of his or her official duties, if not authorized by
this Article or proper court order, is a Class 3 felony, and for a second or subsequent offense, is a Class 2 felony.
(Source: P.A. 98-1142, eff. 12-30-14.)
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(720 ILCS 5/14-5) (from Ch. 38, par. 14-5)
Sec. 14-5. Evidence
inadmissible. Any evidence obtained in violation of this Article is not admissible in
any civil or criminal trial, or any administrative or legislative inquiry
or proceeding, nor in any grand jury proceedings; provided, however, that
so much of the contents of an alleged unlawfully intercepted, overheard or
recorded conversation as is clearly relevant, as determined as a matter of
law by the court in chambers, to the proof of such allegation may be
admitted into evidence in any criminal trial or grand jury proceeding
brought against any person charged with violating any provision of this
Article. Nothing in this Section bars admission of evidence if all parties to the private conversation or private electronic communication consent to admission of the evidence.
(Source: P.A. 98-1142, eff. 12-30-14.)
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(720 ILCS 5/14-6) (from Ch. 38, par. 14-6)
Sec. 14-6. Civil
remedies to injured parties.
(1) Any or all parties to any conversation or electronic communication upon which eavesdropping is
practiced contrary to this Article shall be entitled to the following
remedies:
(a) To an injunction by the circuit court prohibiting | ||
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(b) To all actual damages against the eavesdropper or | ||
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(c) To any punitive damages which may be awarded by | ||
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(d) To all actual damages against any landlord, owner | ||
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(e) To any punitive damages which may be awarded by | ||
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(2) No cause of action shall lie in any court against any common
carrier by wire or its officers, agents or employees for providing
information, assistance or facilities in accordance with the terms of a
court order entered under Article 108A of the Code of Criminal Procedure of 1963.
(3) No civil claim, cause of action, or remedy shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications through access to their minor's electronic accounts during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. This provision does not diminish the protections given to electronic accounts of a minor under any existing law other than this Article.(Source: P.A. 98-268, eff. 1-1-14.)
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(720 ILCS 5/14-7) (from Ch. 38, par. 14-7)
Sec. 14-7.
Common
carrier to aid in detection.
Subject to regulation by the Illinois Commerce Commission, any common
carrier by wire shall, upon request of any subscriber and upon responsible
offer to pay the reasonable cost thereof, furnish whatever services may be
within its command for the purpose of detecting any eavesdropping involving
its wires which are used by said subscriber. All such requests by
subscribers shall be kept confidential unless divulgence is authorized in
writing by the requesting subscriber.
(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/14-8) (from Ch. 38, par. 14-8)
Sec. 14-8.
Discovery of eavesdropping device by an individual,
common carrier, private investigative agency or non-governmental
corporation). Any agent, officer or employee of a private investigative
agency or non-governmental corporation, or of a common carrier by wire,
or any individual, who discovers any physical evidence of an
eavesdropping device being used which such person does not know to be a
legal eavesdropping device shall, within a reasonable time after such
discovery disclose the existence of such eavesdropping device to the
State's Attorney of the county where such device was found. The State's
Attorney shall within a reasonable time notify the person or persons
apparently being eavesdropped upon of the existence of that device if
the device is illegal. A violation of this Section is a Business
Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-984; 79-1454.)
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(720 ILCS 5/14-9) (from Ch. 38, par. 14-9)
Sec. 14-9.
Discovery of eavesdropping device by common carrier by wire
- disclosure to subscriber.) Any agent, officer or employee of any common
carrier by wire who discovers any physical evidence of an eavesdropping
device which such person does not know to be a legal eavesdropping device
shall, within a reasonable time after such discovery, disclose the existence
of the eavesdropping device to the State's Attorney of the County where
such device was found. The State's Attorney shall within a reasonable time
notify the person or persons apparently being eavesdropped upon of the existence
of that device if the device is illegal. A violation of this Section is
a Business Offense for which a fine shall be imposed not to exceed $500.
(Source: P.A. 79-985.)
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