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Illinois Compiled Statutes
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CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/Art. 12, Subdiv. 5
(720 ILCS 5/Art. 12, Subdiv. 5 heading)
SUBDIVISION 5. ASSAULT AND BATTERY
(Source: P.A. 96-1551, eff. 7-1-11.) |
720 ILCS 5/12-1
(720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
Sec. 12-1. Assault.
(a) A person commits an assault when, without lawful authority, he
or she knowingly engages in conduct which places another in reasonable apprehension of
receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall
order any person convicted of assault to perform community service for not less
than 30 and not more than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of the county where
the offense was committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of
incarceration.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/12-2
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or a person | | 60 years of age or older and the assault is without legal justification.
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| (2) A teacher or school employee upon school grounds
| | or grounds adjacent to a school or in any part of a building used for school purposes.
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| (3) A park district employee upon park grounds or
| | grounds adjacent to a park or in any part of a building used for park purposes.
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| (4) A community policing volunteer, private security
| | officer, or utility worker:
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| (i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
| | (iii) assaulted in retaliation for performing his
| | (4.1) A peace officer, fireman, emergency management
| | worker, or emergency medical services personnel:
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| (i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
| | (iii) assaulted in retaliation for performing his
| | (5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
| | (iii) assaulted in retaliation for performing
| | his or her official duties.
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| (6) A correctional institution employee, a county
| | juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
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| (i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
| | (iii) assaulted in retaliation for performing his
| | (7) An employee of the State of Illinois, a municipal
| | corporation therein, or a political subdivision thereof, performing his or her official duties.
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| (8) A transit employee performing his or her official
| | duties, or a transit passenger.
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| (9) A sports official or coach actively participating
| | in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
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| (10) A person authorized to serve process under
| | Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
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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
| | Section 24.8-0.1 of this Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
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| (2) Discharges a firearm, other than from a motor
| | (3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
| | (5) Knowingly and without lawful justification shines
| | or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
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| (6) Uses a firearm, other than by discharging the
| | firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical services personnel, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
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| (i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
| | (iii) assaulted in retaliation for performing his
| | (7) Without justification operates a motor vehicle in
| | a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
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| (8) Without justification operates a motor vehicle in
| | a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
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| (9) Knowingly video or audio records the offense
| | with the intent to disseminate the recording.
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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
(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
(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
(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
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following: (1) Causes great bodily harm or permanent disability | | (2) Causes severe and permanent disability, great
| | bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
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| (3) Causes great bodily harm or permanent disability
| | or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (4) Causes great bodily harm or permanent disability
| | or disfigurement to an individual 60 years of age or older.
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| (5) Strangles another individual.
(b) Offense based on injury to a child or person with an intellectual disability. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability
| | or disfigurement to any child under the age of 13 years, or to any person with a severe or profound intellectual disability; or
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| (2) causes bodily harm or disability or disfigurement
| | to any child under the age of 13 years or to any person with a severe or profound intellectual disability.
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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
| | (3) A teacher or school employee upon school grounds
| | or grounds adjacent to a school or in any part of a building used for school purposes.
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| (4) A peace officer, community policing volunteer,
| | fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (5) A judge, emergency management worker, emergency
| | medical services personnel, or utility worker:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (6) An officer or employee of the State of Illinois,
| | a unit of local government, or a school district, while performing his or her official duties.
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| (7) A transit employee performing his or her official
| | duties, or a transit passenger.
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| (8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
| | commission of retail theft under Section 16-26 of this Code and the person without legal justification by any means causes bodily harm to the merchant.
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| (10) A person authorized to serve process under
| | Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court while that individual is in the performance of his or her duties as a process server.
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| (11) A nurse while in the performance of his or her
| | (12) A merchant: (i) while performing his or her
| | duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration.
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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
| | a firearm equipped with a silencer, and causes any injury to another person.
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| (2) Discharges a firearm, other than a machine gun or
| | a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (3) Discharges a firearm, other than a machine gun or
| | a firearm equipped with a silencer, and causes any injury to a person he or she knows to be emergency medical services personnel:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (4) Discharges a firearm and causes any injury to a
| | person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
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| (5) Discharges a machine gun or a firearm equipped
| | with a silencer, and causes any injury to another person.
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| (6) Discharges a machine gun or a firearm equipped
| | with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (7) Discharges a machine gun or a firearm equipped
| | with a silencer, and causes any injury to a person he or she knows to be emergency medical services personnel:
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| (i) performing his or her official duties;
(ii) battered to prevent performance of his or
| | (iii) battered in retaliation for performing his
| | (8) Discharges a machine gun or a firearm equipped
| | with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
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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
| | firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code.
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| (2) Wears a hood, robe, or mask to conceal his or her
| | (3) Knowingly and without lawful justification shines
| | or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
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| (4) Knowingly video or audio records the offense with
| | the intent to disseminate the recording.
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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
| | Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
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| (2) Knowingly administers to an individual or causes
| | him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
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| (3) Knowingly causes or attempts to cause a
| | correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
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| (h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (10) of subsection (b-5) of Section 5-8-1 of the Unified Code of Corrections, as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a
Class 1 felony if:
(A) the person used or attempted to use a dangerous
| | instrument while committing the offense;
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| (B) the person caused great bodily harm or permanent
| | disability or disfigurement to the other person while committing the offense; or
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| (C) the person has been previously convicted of a
| | violation of subdivision (a)(5) under the laws of this State or laws similar to subdivision (a)(5) of any other state.
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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
| | with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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| (2) if, during the commission of the offense, the
| | person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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| (3) if, during the commission of the offense, the
| | person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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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
(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
(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 | |
(2) makes physical contact of an insulting or
| | provoking nature with any family or household member.
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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 .)
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720 ILCS 5/12-3.3
(720 ILCS 5/12-3.3)
Sec. 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery,
knowingly causes great bodily harm, or permanent disability or disfigurement
commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual. (b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order
of probation or conditional discharge entered following a conviction for an
offense under this Section must include, in addition to any other condition of
probation or conditional discharge, a condition that the offender serve a
mandatory term of imprisonment of not less than 60 consecutive days. A person
convicted of a second or subsequent violation of this Section must be
sentenced to a mandatory term of imprisonment of not less than 3 years and not
more than 7 years or an extended term of imprisonment of not less than 7 years
and not more than 14 years.
(c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of aggravated domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given. (Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
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720 ILCS 5/12-3.4
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she knowingly commits an act which was | | prohibited by a court or fails to commit an act which was ordered by a court in violation of:
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(i) a remedy in a valid order of protection
| | authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986,
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(ii) a remedy, which is substantially similar to
| | the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,
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(iii) any other remedy when the act constitutes a
| | crime against the protected parties as the term protected parties is defined in Section 112A-4 of the Code of Criminal Procedure of 1963; and
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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
(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
(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 (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 | | prohibited by a court or fails to commit an act which was ordered in violation of:
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| (A) a remedy of a valid civil no contact order
| | authorized under Section 213 of the Civil No Contact Order Act or Section 112A-14.5 of the Code of Criminal Procedure of 1963; or
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| (B) a remedy, which is substantially similar to
| | the remedies authorized under Section 213 of the Civil No Contact Order Act or Section 112A-14.5 of the Code of Criminal Procedure of 1963, or in a valid civil no contact order, which is authorized under the laws of another state, tribe, or United States territory; and
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| (2) the violation occurs after the offender has been
| | served notice of the contents of the order under the Civil No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, or any substantially similar statute of another state, tribe, or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
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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 .)
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720 ILCS 5/12-3.9 (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 | | prohibited by a court or fails to commit an act which was ordered by a court in violation of:
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| (A) a remedy in a valid stalking no contact order
| | of protection authorized under Section 80 of the Stalking No Contact Order Act or Section 112A-14.7 of the Code of Criminal Procedure of 1963; or
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| (B) a remedy, which is substantially similar to
| | the remedies authorized under Section 80 of the Stalking No Contact Order Act or Section 112A-14.7 of the Code of Criminal Procedure of 1963, or in a valid stalking no contact order, which is authorized under the laws of another state, tribe, or United States territory; and
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| (2) the violation occurs after the offender has been
| | served notice of the contents of the order, under the Stalking No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, or any substantially similar statute of another state, tribe, or United States territory, or otherwise has acquired actual knowledge of the contents of the order.
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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 .)
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720 ILCS 5/12-4
(720 ILCS 5/12-4)
(This Section was renumbered as Section 12-3.05 by P.A. 96-1551.) Sec. 12-4. (Renumbered). (Source: P.A. 97-467, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)
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720 ILCS 5/12-4.1
(720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
Sec. 12-4.1.
(Repealed).
(Source: P.A. 91-121, eff. 7-15-99. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/12-4.2 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) Sec. 12-4.2. (Repealed).
(Source: P.A. 96-328, eff. 8-11-09. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/12-4.2-5 (720 ILCS 5/12-4.2-5)
Sec. 12-4.2-5. (Repealed).
(Source: P.A. 96-328, eff. 8-11-09. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/12-4.3
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. (Repealed). (Source: P.A. 97-227, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
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720 ILCS 5/12-4.4
(720 ILCS 5/12-4.4) (from Ch. 38, par. 12-4.4)
Sec. 12-4.4.
(Repealed).
(Source: P.A. 84-1414. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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