(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 |
| child is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
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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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| child was left without supervision;
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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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| child was left in a location with adequate protection from the natural elements such as adequate heat or light;
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(8) the location of the parent, guardian, or other
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| person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
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(9) whether the child's movement was restricted, or
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| the child was otherwise locked within a room or other structure;
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(10) whether the child was given a phone number of a
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| person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
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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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| economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
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(13) the age and physical and mental capabilities of
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| the person or persons who provided supervision for the child;
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(14) any other factor that would endanger the health
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| or safety of that particular child;
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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.)
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(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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| committed is a petty offense or a business offense;
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(ii) a Class B misdemeanor if the offense
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| committed is a Class C misdemeanor;
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(iii) a Class A misdemeanor if the offense
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| committed is a Class B misdemeanor;
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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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| is a Class 1 felony or a Class X felony.
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(3) A violation of subsection (b) incurs the same
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| penalty as first degree murder if the committed offense is first degree murder.
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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.)
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