Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

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

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

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

720 ILCS 5/17-23

    (720 ILCS 5/17-23)
    Sec. 17-23. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-24

    (720 ILCS 5/17-24)
    Sec. 17-24. Mail fraud and wire fraud.
    (a) Mail fraud. A person commits mail fraud when he or she:
        (1) devises or intends to devise any scheme or
    
artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such a counterfeit or spurious article; and
        (2) with the intent to execute such scheme or
    
artifice or to attempt to do so, does any of the following:
            (A) Places in any post office or authorized
        
depository for mail matter within this State any matter or thing to be delivered by the United States Postal Service, according to the direction on the matter or thing.
            (B) Deposits or causes to be deposited in this
        
State any matter or thing to be sent or delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
            (C) Takes or receives from mail or from a private
        
or commercial carrier any such matter or thing at the place at which it is directed to be delivered by the person to whom it is addressed.
            (D) Knowingly causes any such matter or thing to
        
be delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
    (b) Wire fraud. A person commits wire fraud when he or she:
        (1) devises or intends to devise a scheme or artifice
    
to defraud or to obtain money or property by means of false pretenses, representations, or promises; and
        (2) for the purpose of executing the scheme or
    
artifice, transmits or causes to be transmitted any writings, signals, pictures, sounds, or electronic or electric impulses by means of wire, radio, or television communications:
            (A) from within this State; or
            (B) so that the transmission is received by a
        
person within this State; or
            (C) so that the transmission may be accessed by a
        
person within this State.
    (c) Jurisdiction.
        (1) Mail fraud using a government or private carrier
    
occurs in the county in which mail or other matter is deposited with the United States Postal Service or a private commercial carrier for delivery, if deposited with the United States Postal Service or a private or commercial carrier within this State, and the county in which a person within this State receives the mail or other matter from the United States Postal Service or a private or commercial carrier.
        (2) Wire fraud occurs in the county from which a
    
transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.
    (d) Sentence. A violation of this Section is a Class 3 felony.
    The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the scheme or artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-25

    (720 ILCS 5/17-25)
    Sec. 17-25. (Repealed).
(Source: P.A. 92-818, eff. 8-21-02. Repealed by P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/17-26

    (720 ILCS 5/17-26)
    Sec. 17-26. Misconduct by a corporate official.
    (a) A person commits misconduct by a corporate official when:
        (1) being a director of a corporation, he or she
    
knowingly, with the intent to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:
            (A) making a dividend except in the manner
        
provided by law;
            (B) dividing, withdrawing or in any manner paying
        
any stockholder any part of the capital stock of the corporation except in the manner provided by law;
            (C) discounting or receiving any note or other
        
evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;
            (D) receiving or discounting any note or other
        
evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him or her on his or her stock; or
            (E) applying any portion of the funds of such
        
corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or
        (2) being a director or officer of a corporation, he
    
or she, with the intent to defraud:
            (A) issues, participates in issuing, or concurs
        
in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;
            (B) sells, or agrees to sell, or is directly
        
interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he or she is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;
            (C) executes a scheme or attempts to execute a
        
scheme to obtain any share of stock of such corporation by means of false representation; or
        (3) being a director or officer of a corporation, he
    
or she with the intent to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
            (A) causes or attempts to cause a corporation or
        
accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or
            (B) causes or attempts to cause a corporation or
        
accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.
    (b) Sentence. If the benefit derived from a violation of this Section is $500,000 or more, the violation is a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the violation is a Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-27

    (720 ILCS 5/17-27)
    Sec. 17-27. Fraud on creditors.
    (a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he or she:
        (1) destroys, removes, conceals, encumbers,
    
transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with the intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;
        (2) knowingly falsifies any writing or record
    
relating to the property; or
        (3) knowingly misrepresents or refuses to disclose to
    
a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.
    Sentence. If the benefit derived from a violation of this subsection (a) is $500,000 or more, the violation is a Class 2 felony. If the benefit derived from a violation of this subsection (a) is less than $500,000, the violation is a Class 3 felony.
    (b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-28

    (720 ILCS 5/17-28)
    (This Section was renumbered as Section 17-57 by P.A. 96-1551.)
    Sec. 17-28. (Renumbered).
(Source: P.A. 93-691, eff. 7-9-04. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-29

    (720 ILCS 5/17-29)
    (This Section was renumbered as Section 17-10.2 by P.A. 96-1551.)
    Sec. 17-29. (Renumbered).
(Source: P.A. 97-396, eff. 1-1-12. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-30

    (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
    Sec. 17-30. Defaced, altered, or removed manufacturer or owner identification number.
    (a) Unlawful sale of household appliances. A person commits unlawful sale of household appliances when he or she knowingly, with the intent to defraud or deceive another, keeps for sale, within any commercial context, any household appliance with a missing, defaced, obliterated, or otherwise altered manufacturer's identification number.
    (b) Construction equipment identification defacement. A person commits construction equipment identification defacement when he or she knowingly changes, alters, removes, mutilates, or obliterates a permanently affixed serial number, product identification number, part number, component identification number, owner-applied identification, or other mark of identification attached to or stamped, inscribed, molded, or etched into a machine or other equipment, whether stationary or mobile or self-propelled, or a part of such machine or equipment, used in the construction, maintenance, or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports, or waterways or in material handling for such projects.
    The trier of fact may infer that the defendant has knowingly changed, altered, removed, or obliterated the serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification, if the defendant was in possession of any machine or other equipment or a part of such machine or equipment used in the construction, maintenance, or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports, or waterways or in material handling for such projects upon which any such serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification has been changed, altered, removed, or obliterated.
    (c) Defacement of manufacturer's serial number or identification mark. A person commits defacement of a manufacturer's serial number or identification mark when he or she knowingly removes, alters, defaces, covers, or destroys the manufacturer's serial number or any other manufacturer's number or distinguishing identification mark upon any machine or other article of merchandise, other than a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act, with the intent of concealing or destroying the identity of such machine or other article of merchandise.
    (d) Sentence.
        (1) A violation of subsection (a) of this Section is
    
a Class 4 felony if the value of the appliance or appliances exceeds $1,000 and a Class B misdemeanor if the value of the appliance or appliances is $1,000 or less.
        (2) A violation of subsection (b) of this Section is
    
a Class A misdemeanor.
        (3) A violation of subsection (c) of this Section is
    
a Class B misdemeanor.
    (e) No liability shall be imposed upon any person for the unintentional failure to comply with subsection (a).
    (f) Definitions. In this Section:
    "Commercial context" means a continuing business enterprise conducted for profit by any person whose primary business is the wholesale or retail marketing of household appliances, or a significant portion of whose business or inventory consists of household appliances kept or sold on a wholesale or retail basis.
    "Household appliance" means any gas or electric device or machine marketed for use as home entertainment or for facilitating or expediting household tasks or chores. The term shall include but not necessarily be limited to refrigerators, freezers, ranges, radios, television sets, vacuum cleaners, toasters, dishwashers, and other similar household items.
    "Manufacturer's identification number" means any serial number or other similar numerical or alphabetical designation imprinted upon or attached to or placed, stamped, or otherwise imprinted upon or attached to a household appliance or item by the manufacturer for purposes of identifying a particular appliance or item individually or by lot number.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 25

 
    (720 ILCS 5/Art. 17, Subdiv. 25 heading)
SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-31

    (720 ILCS 5/17-31)
    Sec. 17-31. False statement to procure credit or debit card. A person commits false statement to procure credit or debit card when he or she makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with the intent that it be relied on, respecting his or her identity, his or her address, or his or her employment, or that of any other person, firm, or corporation, with the intent to procure the issuance of a credit card or debit card. A violation of this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-32

    (720 ILCS 5/17-32)
    Sec. 17-32. Possession of another's credit, debit, or identification card.
    (a) Possession of another's identification card. A person commits possession of another's identification card when he or she, with the intent to defraud, possesses any check guarantee card or key card or identification card for cash dispensing machines without the authority of the account holder or financial institution.
    (b) Possession of another's credit or debit card. A person commits possession of another's credit or debit card when he or she receives a credit card or debit card from the person, possession, custody, or control of another without the cardholder's consent or if he or she, with knowledge that it has been so acquired, receives the credit card or debit card with the intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder. The trier of fact may infer that a person who has in his or her possession or under his or her control 2 or more such credit cards or debit cards each issued to a cardholder other than himself or herself has violated this Section.
    (c) Sentence.
        (1) A violation of subsection (a) of this Section is
    
a Class A misdemeanor. A person who, within any 12-month period, violates subsection (a) of this Section at the same time or consecutively with respect to 3 or more cards, each the property of different account holders, is guilty of a Class 4 felony. A person convicted under subsection (a) of this Section, when the value of property so obtained, in a single transaction or in separate transactions within any 90-day period, exceeds $150 is guilty of a Class 4 felony.
        (2) A violation of subsection (b) of this Section is
    
a Class 4 felony. A person who, in any 12-month period, violates subsection (b) of this Section with respect to 3 or more credit cards or debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-33

    (720 ILCS 5/17-33)
    Sec. 17-33. Possession of lost or mislaid credit or debit card. A person who receives a credit card or debit card that he or she knows to have been lost or mislaid and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a Class 4 felony.
    A person who, in a single transaction, violates this Section with respect to 3 or more credit cards or debit cards each issued to different cardholders other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-34

    (720 ILCS 5/17-34)
    Sec. 17-34. Sale of credit or debit card. A person other than the issuer who sells a credit card or debit card, without the consent of the issuer, is guilty of a Class 4 felony.
    A person who knowingly purchases a credit card or debit card from a person other than the issuer, without the consent of the issuer, is guilty of a Class 4 felony.
    A person who, in a single transaction, makes a sale or purchase prohibited by this Section with respect to 3 or more credit cards or debit cards each issued to a cardholder other than himself or herself is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-35

    (720 ILCS 5/17-35)
    Sec. 17-35. Use of credit or debit card as security for debt. A person who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person, obtains control over a credit card or debit card as security for debt or transfers, conveys, or gives control over a credit card or debit card as security for debt is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-36

    (720 ILCS 5/17-36)
    Sec. 17-36. Use of counterfeited, forged, expired, revoked, or unissued credit or debit card. A person who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person, (i) uses, with the intent to obtain an item or items of value, a credit card or debit card obtained or retained in violation of this Subdivision 25 or without the cardholder's consent, or a credit card or debit card which he or she knows is counterfeited, or forged, or expired, or revoked or (ii) obtains or attempts to obtain an item or items of value by representing without the consent of the cardholder that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued is guilty of a Class 4 felony if the value of all items of value obtained or sought in violation of this Section does not exceed $300 in any 6-month period; and is guilty of a Class 3 felony if the value exceeds $300 in any 6-month period. The trier of fact may infer that knowledge of revocation has been received by a cardholder 4 days after it has been mailed to him or her at the address set forth on the credit card or debit card or at his or her last known address by registered or certified mail, return receipt requested, and, if the address is more than 500 miles from the place of mailing, by air mail. The trier of fact may infer that notice was received 10 days after mailing by registered or certified mail if the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-37

    (720 ILCS 5/17-37)
    Sec. 17-37. Use of credit or debit card with intent to defraud.
    (a) A cardholder who uses a credit card or debit card issued to him or her, or allows another person to use a credit card or debit card issued to him or her, with intent to defraud the issuer, or a person providing an item or items of value, or any other person is guilty of a Class A misdemeanor if the value of all items of value does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if the value exceeds $150 in any 6-month period.
    (b) Where an investigation into an intent to defraud under subsection (a) occurs, issuers shall consider a merchant's timely submission of compelling evidence under the applicable dispute management guidelines of the card association with whom the merchant maintains an agreement. A merchant shall comply with merchant responsibilities under any such agreement.
(Source: P.A. 102-757, eff. 5-13-22.)

720 ILCS 5/17-38

    (720 ILCS 5/17-38)
    Sec. 17-38. Use of account number or code with intent to defraud; possession of record of charge forms.
    (a) A person who, with intent to defraud either an issuer, or a person providing an item or items of value, or any other person, utilizes an account number or code or enters information on a record of charge form with the intent to obtain an item or items of value is guilty of a Class 4 felony if the value of the item or items of value obtained does not exceed $150 in any 6-month period; and is guilty of a Class 3 felony if the value exceeds $150 in any 6-month period.
    (b) A person who, with intent to defraud either an issuer or a person providing an item or items of value, or any other person, possesses, without the consent of the issuer or purported issuer, record of charge forms bearing the printed impression of a credit card or debit card is guilty of a Class 4 felony. The trier of fact may infer intent to defraud from the possession of such record of charge forms by a person other than the issuer or a person authorized by the issuer to possess record of charge forms.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-39

    (720 ILCS 5/17-39)
    Sec. 17-39. Receipt of goods or services. A person who receives an item or items of value obtained in violation of this Subdivision 25, knowing that it was so obtained or under such circumstances as would reasonably induce him or her to believe that it was so obtained, is guilty of a Class A misdemeanor if the value of all items of value obtained does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if the value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-40

    (720 ILCS 5/17-40)
    Sec. 17-40. Signing another's card with intent to defraud. A person other than the cardholder or a person authorized by him or her who, with intent to defraud either the issuer, or a person providing an item or items of value, or any other person, signs a credit card or debit card is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-41

    (720 ILCS 5/17-41)
    Sec. 17-41. Altered or counterfeited card.
    (a) A person commits an offense under this Section when he or she, with intent to defraud either a purported issuer, or a person providing an item or items of value, or any other person, commits an offense under this Section if he or she: (i) alters a credit card or debit card or a purported credit card or debit card, or possesses a credit card or debit card or a purported credit card or debit card with knowledge that the same has been altered; or (ii) counterfeits a purported credit card or debit card, or possesses a purported credit card or debit card with knowledge that the card has been counterfeited.
    (b) Sentence. A violation of item (i) of subsection (a) is a Class 4 felony. A violation of item (ii) of subsection (a) is a Class 3 felony. The trier of fact may infer that possession of 2 or more credit cards or debit cards by a person other than the issuer in violation of subsection (a) is evidence that the person intended to defraud or that he or she knew the credit cards or debit cards to have been so altered or counterfeited.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-42

    (720 ILCS 5/17-42)
    Sec. 17-42. Possession of incomplete card. A person other than the cardholder possessing an incomplete credit card or debit card, with intent to complete it without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards is guilty of a Class 3 felony. The trier of fact may infer that a person other than the cardholder or issuer who possesses 2 or more incomplete credit cards or debit cards possesses those cards without the consent of the issuer.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-43

    (720 ILCS 5/17-43)
    Sec. 17-43. Prohibited deposits.
    (a) A person who, with intent to defraud the issuer of a credit card or debit card or any person providing an item or items of value, or any other person, deposits into his or her account or any account, via an electronic fund transfer terminal, a check, draft, money order, or other such document, knowing such document to be false, fictitious, forged, altered, counterfeit, or not his or her lawful or legal property, is guilty of a Class 4 felony.
    (b) A person who receives value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or other such document having been deposited into an account via an electronic fund transfer terminal, knowing at the time of receipt of the value that the document so deposited was false, fictitious, forged, altered, counterfeit, or not his or her lawful or legal property, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-44

    (720 ILCS 5/17-44)
    Sec. 17-44. Fraudulent use of electronic transmission.
    (a) A person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other person, intercepts, taps, or alters electronic information between an electronic fund transfer terminal and the issuer, or originates electronic information to an electronic fund transfer terminal or to the issuer, via any line, wire, or other means of electronic transmission, at any junction, terminal, or device, or at any location within the EFT System, with the intent to obtain value, is guilty of a Class 4 felony.
    (b) Any person who, with intent to defraud the issuer of a credit card or debit card, the cardholder, or any other person, intercepts, taps, or alters electronic information between an electronic fund transfer terminal and the issuer, or originates electronic information to an electronic fund transfer terminal or to the issuer, via any line, wire, or other means of electronic transmission, at any junction, terminal, or device, or at any location within the EFT System, and thereby causes funds to be transferred from one account to any other account, is guilty of a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-45

    (720 ILCS 5/17-45)
    Sec. 17-45. Payment of charges without furnishing item of value.
    (a) No person shall process, deposit, negotiate, or obtain payment of a credit card charge through a retail seller's account with a financial institution or through a retail seller's agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retail seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge.
    (b) No retail seller shall permit any person to process, deposit, negotiate, or obtain payment of a credit card charge through the retail seller's account with a financial institution or the retail seller's agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retail seller did not furnish or agree to furnish the item or items of value that are the subject of the credit card charge.
    (c) Subsections (a) and (b) do not apply to any of the following:
        (1) A person who furnishes goods or services on the
    
business premises of a general merchandise retail seller and who processes, deposits, negotiates, or obtains payment of a credit card charge through that general merchandise retail seller's account or agreement.
        (2) A general merchandise retail seller who permits a
    
person described in paragraph (1) to process, deposit, negotiate, or obtain payment of a credit card charge through that general merchandise retail seller's account or agreement.
        (3) A franchisee who furnishes the cardholder with an
    
item or items of value that are provided in whole or in part by the franchisor and who processes, deposits, negotiates, or obtains payment of a credit card charge through that franchisor's account or agreement.
        (4) A franchisor who permits a franchisee described
    
in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor's account or agreement.
        (5) The credit card issuer or a financial institution
    
or a parent, subsidiary, or affiliate of the card issuer or a financial institution.
        (6) A person who processes, deposits, negotiates, or
    
obtains payment of less than $500 of credit card charges in any one-year period through a retail seller's account or agreement. The person has the burden of producing evidence that the person transacted less than $500 in credit card charges during any one-year period.
        (7) A telecommunications carrier that includes
    
charges of other parties in its billings to its subscribers and those other parties whose charges are included in the billings of the telecommunications carrier to its subscribers.
    (d) A person injured by a violation of this Section may bring an action for the recovery of damages, equitable relief, and reasonable attorney's fees and costs.
    (e) A person who violates this Section is guilty of a business offense and shall be fined $10,000 for each offense. Each occurrence in which a person processes, deposits, negotiates, or otherwise seeks to obtain payment of a credit card charge in violation of subsection (a) constitutes a separate offense.
    (f) The penalties and remedies provided in this Section are in addition to any other remedies or penalties provided by law.
    (g) As used in this Section:
    "Franchisor" and "franchisee" have the same meanings as in Section 3 of the Franchise Disclosure Act of 1987.
    "Retail seller" has the same meaning as in Section 2.4 of the Retail Installment Sales Act.
    "Telecommunications carrier" has the same meaning as in Section 13-202 of the Public Utilities Act.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-46

    (720 ILCS 5/17-46)
    Sec. 17-46. Furnishing items of value with intent to defraud. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, furnishes money, goods, property, services or anything else of value upon presentation of a credit card or debit card obtained or retained in violation of this Code or a credit card or debit card which he knows is counterfeited, or forged, or expired, or revoked is guilty of a Class A misdemeanor, if the value furnished in violation of this Section does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if such value exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-47

    (720 ILCS 5/17-47)
    Sec. 17-47. Failure to furnish items of value. A person who is authorized by an issuer to furnish money, goods, property, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a Class A misdemeanor if the difference between the value of all money, goods, property, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed $150 in any 6-month period; and is guilty of a Class 4 felony if such difference exceeds $150 in any 6-month period.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-48

    (720 ILCS 5/17-48)
    Sec. 17-48. Repeat offenses. Any person convicted of a second or subsequent offense under this Subdivision 25 is guilty of a Class 3 felony.
    For purposes of this Section, an offense is considered a second or subsequent offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this Subdivision 25, or under any prior Act, or under any law of the United States or of any state relating to credit card or debit card offenses.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-49

    (720 ILCS 5/17-49)
    Sec. 17-49. Severability. If any provision of this Subdivision 25 or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Subdivision 25 which can be given effect without the invalid provision or application, and to this end the provisions of this Subdivision 25 are declared to be severable.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-49.5

    (720 ILCS 5/17-49.5)
    Sec. 17-49.5. Telephone Charge Fraud Act unaffected. Nothing contained in this Subdivision 25 shall be construed to repeal, amend, or otherwise affect the Telephone Charge Fraud Act.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17, Subdiv. 30

 
    (720 ILCS 5/Art. 17, Subdiv. 30 heading)
SUBDIVISION 30. COMPUTER FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-50

    (720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
    Sec. 17-50. Computer fraud.
    (a) A person commits computer fraud when he or she knowingly:
        (1) Accesses or causes to be accessed a computer or
    
any part thereof, or a program or data, with the intent of devising or executing any scheme or artifice to defraud, or as part of a deception;
        (2) Obtains use of, damages, or destroys a computer
    
or any part thereof, or alters, deletes, or removes any program or data contained therein, in connection with any scheme or artifice to defraud, or as part of a deception; or
        (3) Accesses or causes to be accessed a computer or
    
any part thereof, or a program or data, and obtains money or control over any such money, property, or services of another in connection with any scheme or artifice to defraud, or as part of a deception.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) of this Section
    
is a Class 4 felony.
        (2) A violation of subdivision (a)(2) of this Section
    
is a Class 3 felony.
        (3) A violation of subdivision (a)(3) of this Section:
            (i) is a Class 4 felony if the value of the
        
money, property, or services is $1,000 or less; or
            (ii) is a Class 3 felony if the value of the
        
money, property, or services is more than $1,000 but less than $50,000; or
            (iii) is a Class 2 felony if the value of the
        
money, property, or services is $50,000 or more.
    (c) Forfeiture of property. Any person who commits computer fraud as set forth in subsection (a) is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)

720 ILCS 5/17-51

    (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
    Sec. 17-51. Computer tampering.
    (a) A person commits computer tampering when he or she knowingly and without the authorization of a computer's owner or in excess of the authority granted to him or her:
        (1) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data;
        (2) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data, and obtains data or services;
        (3) Accesses or causes to be accessed a computer or
    
any part thereof, a computer network, or a program or data, and damages or destroys the computer or alters, deletes, or removes a computer program or data;
        (4) Inserts or attempts to insert a program into a
    
computer or computer program knowing or having reason to know that such program contains information or commands that will or may:
            (A) damage or destroy that computer, or any other
        
computer subsequently accessing or being accessed by that computer;
            (B) alter, delete, or remove a computer program
        
or data from that computer, or any other computer program or data in a computer subsequently accessing or being accessed by that computer; or
            (C) cause loss to the users of that computer or
        
the users of a computer which accesses or which is accessed by such program; or
        (5) Falsifies or forges electronic mail transmission
    
information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
    (a-5) Distributing software to falsify routing information. It is unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which:
        (1) is primarily designed or produced for the purpose
    
of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
        (2) has only a limited commercially significant
    
purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
        (3) is marketed by that person or another acting in
    
concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
    (a-10) For purposes of subsection (a), accessing a computer network is deemed to be with the authorization of a computer's owner if:
        (1) the owner authorizes patrons, customers, or
    
guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner;
        (2) the owner authorizes the public to access the
    
computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner; or
        (3) the person accesses the computer network in
    
compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
    (b) Sentence.
        (1) A person who commits computer tampering as set
    
forth in subdivision (a)(1) or (a)(5) or subsection (a-5) of this Section is guilty of a Class B misdemeanor.
        (2) A person who commits computer tampering as set
    
forth in subdivision (a)(2) of this Section is guilty of a Class A misdemeanor and a Class 4 felony for the second or subsequent offense.
        (3) A person who commits computer tampering as set
    
forth in subdivision (a)(3) or (a)(4) of this Section is guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense.
        (4) If an injury arises from the transmission of
    
unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each unsolicited bulk electronic mail message transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
        (5) If an injury arises from the transmission of
    
unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the greater of $10 for each unsolicited electronic mail advertisement transmitted in violation of this Section, or $25,000 per day.
        (6) The provisions of this Section shall not be
    
construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
    (c) Whoever suffers loss by reason of a violation of subdivision (a)(4) of this Section may, in a civil action against the violator, obtain appropriate relief. In a civil action under this Section, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses.
(Source: P.A. 99-775, eff. 8-12-16.)

720 ILCS 5/17-52

    (720 ILCS 5/17-52) (was 720 ILCS 5/16D-4)
    Sec. 17-52. Aggravated computer tampering.
    (a) A person commits aggravated computer tampering when he or she commits computer tampering as set forth in paragraph (a)(3) of Section 17-51 and he or she knowingly:
        (1) causes disruption of or interference with vital
    
services or operations of State or local government or a public utility; or
        (2) creates a strong probability of death or great
    
bodily harm to one or more individuals.
    (b) Sentence.
        (1) A person who commits aggravated computer
    
tampering as set forth in paragraph (a)(1) of this Section is guilty of a Class 3 felony.
        (2) A person who commits aggravated computer
    
tampering as set forth in paragraph (a)(2) of this Section is guilty of a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-52.5

    (720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5)
    Sec. 17-52.5. Unlawful use of encryption.
    (a) For the purpose of this Section:
        "Computer" has the meaning ascribed to the term in
    
Section 17-0.5.
        "Encryption" means the use of any protective or
    
disruptive measure, including, without limitation, cryptography, enciphering, encoding, or a computer contaminant, to: (1) prevent, impede, delay, or disrupt access to any data, information, image, program, signal, or sound; (2) cause or make any data, information, image, program, signal, or sound unintelligible or unusable; or (3) prevent, impede, delay, or disrupt the normal operation or use of any component, device, equipment, system, or network.
        "Network" means a set of related, remotely connected
    
devices and facilities, including more than one system, with the capability to transmit data among any of the devices and facilities. The term includes, without limitation, a local, regional, or global computer network.
        "Program" means an ordered set of data representing
    
coded instructions or statements which can be executed by a computer and cause the computer to perform one or more tasks.
        "System" means a set of related equipment, whether or
    
not connected, which is used with or for a computer.
    (b) A person shall not knowingly use or attempt to use encryption, directly or indirectly, to:
        (1) commit, facilitate, further, or promote any
    
criminal offense;
        (2) aid, assist, or encourage another person to
    
commit any criminal offense;
        (3) conceal evidence of the commission of any
    
criminal offense; or
        (4) conceal or protect the identity of a person who
    
has committed any criminal offense.
    (c) Telecommunications carriers and information service providers are not liable under this Section, except for willful and wanton misconduct, for providing encryption services used by others in violation of this Section.
    (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. If the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense.
    (e) A person who violates this Section commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted under this Section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this Section.
(Source: P.A. 101-87, eff. 1-1-20.)

720 ILCS 5/17-54

    (720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
    Sec. 17-54. Evidence of lack of authority. For the purposes of Sections 17-50 through 17-52, the trier of fact may infer that a person accessed a computer without the authorization of its owner or in excess of the authority granted if the person accesses or causes to be accessed a computer, which access requires a confidential or proprietary code which has not been issued to or authorized for use by that person. This Section does not apply to a person who acquires access in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
(Source: P.A. 99-775, eff. 8-12-16.)

720 ILCS 5/17-55

    (720 ILCS 5/17-55)
    Sec. 17-55. Definitions. For the purposes of this subdivision 30:
    In addition to its meaning as defined in Section 15-1 of this Code, "property" means: (1) electronic impulses; (2) electronically produced data; (3) confidential, copyrighted, or proprietary information; (4) private identification codes or numbers which permit access to a computer by authorized computer users or generate billings to consumers for purchase of goods and services, including but not limited to credit card transactions and telecommunications services or permit electronic fund transfers; (5) software or programs in either machine or human readable form; or (6) any other tangible or intangible item relating to a computer or any part thereof.
    "Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of, a computer, a network, or data.
    "Services" includes but is not limited to computer time, data manipulation, or storage functions.
    "Vital services or operations" means those services or operations required to provide, operate, maintain, and repair network cabling, transmission, distribution, or computer facilities necessary to ensure or protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical personnel or institutions, fire departments, emergency services agencies, national defense contractors, armed forces or militia personnel, private and public utility companies, or law enforcement agencies.
(Source: P.A. 101-87, eff. 1-1-20.)

720 ILCS 5/Art. 17, Subdiv. 35

 
    (720 ILCS 5/Art. 17, Subdiv. 35 heading)
SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-56

    (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
    Sec. 17-56. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly:
        (1) by deception or intimidation obtains control over
    
the property of an elderly person or a person with a disability; or
        (2) illegally uses the assets or resources of an
    
elderly person or a person with a disability.
    (b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (c) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age
    
or older.
        (2) "Person with a disability" means a person who
    
suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an
    
elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct as provided in Section 12-6 of this Code.
        (4) "Deception" means, in addition to its meaning as
    
defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust.
    (d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
    (e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
    (f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.
    (g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
    (h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.
(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24.)

720 ILCS 5/17-57

    (720 ILCS 5/17-57) (was 720 ILCS 5/17-28)
    Sec. 17-57. Defrauding drug and alcohol screening tests.
    (a) It is unlawful for a person to:
        (1) manufacture, sell, give away, distribute, or
    
market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;
        (2) substitute or spike a sample or advertise a
    
sample substitution or other spiking device or measure, with the intent of attempting to foil or defeat a drug or alcohol screening test;
        (3) adulterate synthetic or human substances with the
    
intent to defraud a drug or alcohol screening test; or
        (4) manufacture, sell, or possess adulterants that
    
are intended to be used to adulterate synthetic or human substances with the intent of defrauding a drug or alcohol screening test.
    (b) The trier of fact may infer intent to violate this Section if a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products.
    (c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000.
    (d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-58

    (720 ILCS 5/17-58) (was 720 ILCS 5/17-16)
    Sec. 17-58. Fraudulent production of infant. A person who fraudulently produces an infant, falsely pretending it to have been born of parents whose child would be entitled to a share of a personal estate, or to inherit real estate, with the intent of intercepting the inheritance of the real estate, or the distribution of the personal property from a person lawfully entitled to the personal property, is guilty of a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-59

    (720 ILCS 5/17-59) (was 720 ILCS 5/39-1)
    Sec. 17-59. Criminal usury.
    (a) A person commits criminal usury when, in exchange for either a loan of money or other property or forbearance from the collection of such a loan, he or she knowingly contracts for or receives from an individual, directly or indirectly, interest, discount, or other consideration at a rate greater than 20% per annum either before or after the maturity of the loan.
    (b) When a person has in his or her personal or constructive possession records, memoranda, or other documentary record of usurious loans, the trier of fact may infer that he or she has violated subsection (a) of this Section.
    (c) Sentence. Criminal usury is a Class 4 felony.
    (d) Non-application to licensed persons. This Section does not apply to any loan authorized to be made by any person licensed under the Consumer Installment Loan Act or to any loan permitted by Sections 4, 4.2 and 4a of the Interest Act or by any other law of this State.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-60

    (720 ILCS 5/17-60) (was 720 ILCS 5/17-7)
    Sec. 17-60. Promotion of pyramid sales schemes.
    (a) A person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme commits a Class A misdemeanor.
    (b) The term "pyramid sales scheme" means any plan or operation whereby a person, in exchange for money or other thing of value, acquires the opportunity to receive a benefit or thing of value, which is primarily based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation and is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed or to be sold or distributed to persons for purposes of resale to consumers. For purposes of this subsection, "money or other thing of value" shall not include payments made for sales demonstration equipment and materials furnished on a nonprofit basis for use in making sales and not for resale.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-61

    (720 ILCS 5/17-61)
    Sec. 17-61. Unauthorized use of university stationery.
    (a) No person, firm or corporation shall use the official stationery or seal or a facsimile thereof, of any State supported university, college or other institution of higher education or any organization thereof unless approved in writing in advance by the university, college or institution of higher education affected, for any private promotional scheme wherein it is made to appear that the organization or university, college or other institution of higher education is endorsing the private promotional scheme.
    (b) A violation of this Section is a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/17-62

    (720 ILCS 5/17-62)
    Sec. 17-62. Unlawful possession of device for manufacturing a false universal price code label. It is unlawful for a person to knowingly possess a device the purpose of which is to manufacture a false, counterfeit, altered, or simulated universal price code label. A violation of this Section is a Class 3 felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 17A

 
    (720 ILCS 5/Art. 17A heading)
ARTICLE 17A. DISQUALIFICATION FOR STATE BENEFITS
(Repealed)
(Article repealed by P.A. 96-1551, eff. 7-1-11)

720 ILCS 5/Art. 17B

 
    (720 ILCS 5/Art. 17B heading)
ARTICLE 17B. WIC FRAUD
(Source: Repealed by P.A. 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 18

 
    (720 ILCS 5/Art. 18 heading)
ARTICLE 18. ROBBERY

720 ILCS 5/18-1

    (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
    Sec. 18-1. Robbery; aggravated robbery.
    (a) Robbery. A person commits robbery when he or she knowingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force.
    (b) Aggravated robbery.
        (1) A person commits aggravated robbery when he or
    
she violates subsection (a) while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.
        (2) A person commits aggravated robbery when he or
    
she knowingly takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.
    (c) Sentence.
    Robbery is a Class 2 felony, unless the victim is 60 years of age or over or is a person with a physical disability, or the robbery is committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, in which case robbery is a Class 1 felony. Aggravated robbery is a Class 1 felony.
    (d) Regarding penalties prescribed in subsection (c) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/18-2

    (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
    Sec. 18-2. Armed robbery.
    (a) A person commits armed robbery when he or she violates Section 18-1; and
        (1) he or she carries on or about his or her person
    
or is otherwise armed with a dangerous weapon other than a firearm; or
        (2) he or she carries on or about his or her person
    
or is otherwise armed with a firearm; or
        (3) he or she, during the commission of the offense,
    
personally discharges a firearm; or
        (4) he or she, during the commission of the offense,
    
personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) Sentence.
    Armed robbery in violation of subsection (a)(1) is a Class X felony. A violation of subsection (a)(2) 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)(3) 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)(4) 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.
(Source: P.A. 91-404, eff. 1-1-00.)

720 ILCS 5/18-3

    (720 ILCS 5/18-3)
    Sec. 18-3. Vehicular hijacking.
    (a) A person commits vehicular hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.
    (b) Sentence. Vehicular hijacking is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-4

    (720 ILCS 5/18-4)
    Sec. 18-4. Aggravated vehicular hijacking.
    (a) A person commits aggravated vehicular hijacking when he or she violates Section 18-3; and
        (1) the person from whose immediate presence the
    
motor vehicle is taken is a person with a physical disability or a person 60 years of age or over; or
        (2) a person under 16 years of age is a passenger in
    
the motor vehicle at the time of the offense; or
        (3) he or she carries on or about his or her person,
    
or is otherwise armed with a dangerous weapon, other than a firearm; or
        (4) he or she carries on or about his or her person
    
or is otherwise armed with a firearm; or
        (5) he or she, during the commission of the offense,
    
personally discharges a firearm; or
        (6) he or she, during the commission of the offense,
    
personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) Sentence. Aggravated vehicular hijacking in violation of subsections (a)(1) or (a)(2) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which a term of imprisonment of not less than 7 years shall be imposed. A violation of subsection (a)(4) 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)(5) 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)(6) 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.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/18-5

    (720 ILCS 5/18-5)
    Sec. 18-5. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/18-6

    (720 ILCS 5/18-6) (was 720 ILCS 5/12-11.1)
    Sec. 18-6. Vehicular invasion.
    (a) A person commits vehicular invasion when he or she knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.
    (b) Sentence. Vehicular invasion is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 19

 
    (720 ILCS 5/Art. 19 heading)
ARTICLE 19. BURGLARY

720 ILCS 5/19-1

    (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
    Sec. 19-1. Burglary.
    (a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.
    (b) Sentence.
    Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 3 felony. Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship is a Class 1 felony, except that this provision does not apply to a day care center, day care home, group day care home, or part day child care facility operated in a private residence used as a dwelling.
    (c) Regarding penalties prescribed in subsection (b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant.
(Source: P.A. 102-546, eff. 1-1-22.)

720 ILCS 5/19-2

    (720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
    Sec. 19-2. Possession of burglary tools.
    (a) A person commits possession of burglary tools when he or she possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter that place and with intent to commit therein a felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey.
    (a-5) A person also commits possession of burglary tools when he or she, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to:
        (1) unlock or start a motor vehicle without the use
    
or possession of the key to the motor vehicle; or
        (2) capture or duplicate a signal from the key fob
    
of a motor vehicle to unlock or start the motor vehicle without the use or possession of the key to the motor vehicle.
    (b) Sentence. Possession of burglary tools is a Class 4 felony.
(Source: P.A. 102-903, eff. 1-1-23.)

720 ILCS 5/19-2.5

    (720 ILCS 5/19-2.5)
    Sec. 19-2.5. Unlawful sale of burglary tools.
    (a) For the purposes of this Section:
        "Lock bumping" means a lock picking technique for
    
opening a pin tumbler lock using a specially-crafted bumpkey.
        "Motor vehicle" has the meaning ascribed to it in the
    
Illinois Vehicle Code.
    (b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property.
    (c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card.
    (d) Sentence. Unlawful sale of burglary tools is a Class 4 felony.
(Source: P.A. 96-1307, eff. 1-1-11.)

720 ILCS 5/19-3

    (720 ILCS 5/19-3) (from Ch. 38, par. 19-3)
    Sec. 19-3. Residential burglary.
    (a) A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. This offense includes the offense of burglary as defined in Section 19-1.
    (a-5) A person commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.
    (b) Sentence. Residential burglary is a Class 1 felony.
(Source: P.A. 96-1113, eff. 1-1-11; 97-1108, eff. 1-1-13.)

720 ILCS 5/19-4

    (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
    Sec. 19-4. Criminal trespass to a residence.
    (a) (1) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.
    (2) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.
    (a-5) For purposes of this Section, in the case of a multi-unit residential building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.
    (b) Sentence.
        (1) Criminal trespass to a residence under paragraph
    
(1) of subsection (a) is a Class A misdemeanor.
        (2) Criminal trespass to a residence under paragraph
    
(2) of subsection (a) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

720 ILCS 5/19-5

    (720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
    Sec. 19-5. Criminal fortification of a residence or building.
    (a) A person commits criminal fortification of a residence or building when, with the intent to prevent the lawful entry of a law enforcement officer or another, he or she maintains a residence or building in a fortified condition, knowing that the residence or building is used for the unlawful manufacture, storage with intent to deliver or manufacture, delivery, or trafficking of cannabis, controlled substances, or methamphetamine as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
    (b) "Fortified condition" means preventing or impeding entry through the use of steel doors, wooden planking, crossbars, alarm systems, dogs, video surveillance, motion sensing devices, booby traps, or other similar means. If video surveillance is the sole component of the fortified condition, the video surveillance must be with the intent to alert an occupant to the presence of a law enforcement officer for the purpose of interfering with the official duties of a law enforcement officer, allowing removal or destruction of evidence, or facilitating the infliction of harm to a law enforcement officer. For the purposes of this Section, "booby trap" means any device, including but not limited to any explosive device, designed to cause physical injury or the destruction of evidence, when triggered by an act of a person approaching, entering, or moving through a structure.
    (c) Sentence. Criminal fortification of a residence or building is a Class 3 felony.
    (d) This Section does not apply to the fortification of a residence or building used in the manufacture of methamphetamine as described in Sections 10 and 15 of the Methamphetamine Control and Community Protection Act.
(Source: P.A. 98-897, eff. 1-1-15.)

720 ILCS 5/19-6

    (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
    Sec. 19-6. Home Invasion.
    (a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and
        (1) While armed with a dangerous weapon, other than a
    
firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (2) Intentionally causes any injury, except as
    
provided in subsection (a)(5), to any person or persons within the dwelling place, or
        (3) While armed with a firearm uses force or
    
threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
        (4) Uses force or threatens the imminent use of force
    
upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
        (5) Personally discharges a firearm that proximately
    
causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
        (6) Commits, against any person or persons within
    
that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.
    (c) Sentence. Home invasion in violation of subsection (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of subsection (a)(3) 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)(4) 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)(5) 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.
    (d) For purposes of this Section, "dwelling place of another" includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order.
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

720 ILCS 5/Art. 20

 
    (720 ILCS 5/Art. 20 heading)
ARTICLE 20. ARSON

720 ILCS 5/20-1

    (720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
    Sec. 20-1. Arson; residential arson; place of worship arson.
    (a) A person commits arson when, by means of fire or explosive, he or she knowingly:
        (1) Damages any real property, or any personal
    
property having a value of $150 or more, of another without his or her consent; or
        (2) With intent to defraud an insurer, damages any
    
property or any personal property having a value of $150 or more.
    Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.
    (b) A person commits residential arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any building or structure that is the dwelling place of another.
    (b-5) A person commits place of worship arson when he or she, in the course of committing arson, knowingly damages, partially or totally, any place of worship.
    (c) Sentence.
    Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.1

    (720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
    Sec. 20-1.1. Aggravated Arson.
    (a) A person commits aggravated arson when in the course of committing arson he or she knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and (1) he knows or reasonably should know that one or more persons are present therein or (2) any person suffers great bodily harm, or permanent disability or disfigurement as a result of the fire or explosion or (3) a fireman, policeman, or correctional officer who is present at the scene acting in the line of duty is injured as a result of the fire or explosion. For purposes of this Section, property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property; and "school building" means any public or private preschool, elementary or secondary school, community college, college, or university.
    (b) Sentence. Aggravated arson is a Class X felony.
(Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05; 94-393, eff. 8-1-05.)

720 ILCS 5/20-1.2

    (720 ILCS 5/20-1.2)
    Sec. 20-1.2. (Repealed).
(Source: P.A. 90-787, eff. 8-14-98. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.3

    (720 ILCS 5/20-1.3)
    Sec. 20-1.3. (Repealed).
(Source: P.A. 93-169, eff. 7-10-03. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/20-1.4

    (720 ILCS 5/20-1.4)
    Sec. 20-1.4. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)

720 ILCS 5/20-1.5

    (720 ILCS 5/20-1.5)
    Sec. 20-1.5. (Repealed).
(Source: P.A. 93-969, eff. 1-1-05. Repealed by P.A. 94-556, eff. 9-11-2005.)

720 ILCS 5/20-2

    (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
    Sec. 20-2. Possession of explosives or explosive or incendiary devices.
    (a) A person commits possession of explosives or explosive or incendiary devices in violation of this Section when he or she possesses, manufactures or transports any explosive compound, timing or detonating device for use with any explosive compound or incendiary device and either intends to use the explosive or device to commit any offense or knows that another intends to use the explosive or device to commit a felony.
    (b) Sentence.
    Possession of explosives or explosive or incendiary devices is a Class 1 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 30 years.
    (c) (Blank).
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 20.5

 
    (720 ILCS 5/Art. 20.5 heading)
ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES

720 ILCS 5/20.5-5

    (720 ILCS 5/20.5-5)
    Sec. 20.5-5. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/20.5-6

    (720 ILCS 5/20.5-6)
    Sec. 20.5-6. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 21

 
    (720 ILCS 5/Art. 21 heading)
ARTICLE 21. DAMAGE AND TRESPASS TO PROPERTY

720 ILCS 5/Art. 21, Subdiv. 1

 
    (720 ILCS 5/Art. 21, Subdiv. 1 heading)
SUBDIVISION 1. DAMAGE TO PROPERTY
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1

    (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (a) A person commits criminal damage to property when he or she:
        (1) knowingly damages any property of another;
        (2) recklessly by means of fire or explosive damages
    
property of another;
        (3) knowingly starts a fire on the land of another;
        (4) knowingly injures a domestic animal of another
    
without his or her consent;
        (5) knowingly deposits on the land or in the building
    
of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
        (6) knowingly damages any property, other than as
    
described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
        (7) knowingly shoots a firearm at any portion of a
    
railroad train;
        (8) knowingly, without proper authorization, cuts,
    
injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
        (9) intentionally, without proper authorization,
    
opens any fire hydrant.
    (b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
    (c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
    (d) Sentence.
        (1) A violation of subsection (a) shall have the
    
following penalties:
            (A) A violation of paragraph (8) or (9) is a
        
Class B misdemeanor.
            (B) A violation of paragraph (1), (2), (3), (5),
        
or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
            (C) A violation of paragraph (1), (2), (3), (5),
        
or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (D) A violation of paragraph (4) is a Class 4
        
felony when the damage to property does not exceed $10,000.
            (E) A violation of paragraph (7) is a Class 4
        
felony.
            (F) A violation of paragraph (1), (2), (3), (5)
        
or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
            (G) A violation of paragraphs (1) through (6) is
        
a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (H) A violation of paragraphs (1) through (6) is
        
a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
            (I) A violation of paragraphs (1) through (6) is
        
a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
            (J) A violation of paragraphs (1) through (6) is
        
a Class 2 felony when the damage to property exceeds $100,000. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
        (2) When the damage to property exceeds $10,000, the
    
court shall impose upon the offender a fine equal to the value of the damages to the property.
        (3) In addition to any other sentence that may be
    
imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
        The community service requirement does not apply when
    
the court imposes a sentence of incarceration.
        (4) In addition to any criminal penalties imposed
    
for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
        (5) For the purposes of this subsection (d), "farm
    
equipment" means machinery or other equipment used in farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)

720 ILCS 5/21-1.01

    (720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4)
    Sec. 21-1.01. Criminal Damage to Government Supported Property.
    (a) A person commits criminal damage to government supported property when he or she knowingly:
        (1) damages any government supported property
    
without the consent of the State;
        (2) by means of fire or explosive damages government
    
supported property;
        (3) starts a fire on government supported property
    
without the consent of the State; or
        (4) deposits on government supported land or in a
    
government supported building, without the consent of the State, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building.
    (b) For the purposes of this Section, "government supported" means any property supported in whole or in part with State funds, funds of a unit of local government or school district, or federal funds administered or granted through State agencies.
    (c) Sentence. A violation of this Section is a Class 4 felony when the damage to property is $500 or less; a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000; and a Class 1 felony when the damage to property exceeds $100,000. When the damage to property exceeds $10,000, the court shall impose upon the offender a fine equal to the value of the damages to the property.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1.1

    (720 ILCS 5/21-1.1) (from Ch. 38, par. 21-1.1)
    Sec. 21-1.1. (Repealed).
(Source: P.A. 78-255. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1.2

    (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
    Sec. 21-1.2. Institutional vandalism.
    (a) A person commits institutional vandalism when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she knowingly and without consent inflicts damage to any of the following properties:
        (1) A church, synagogue, mosque, or other building,
    
structure or place used for religious worship or other religious purpose;
        (2) A cemetery, mortuary, or other facility used for
    
the purpose of burial or memorializing the dead;
        (3) A school, educational facility or community
    
center;
        (4) The grounds adjacent to, and owned or rented by,
    
any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a); or
        (5) Any personal property contained in any
    
institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a).
    (b) Sentence.
        (1) Institutional vandalism is a Class 3 felony when
    
the damage to the property does not exceed $500. Institutional vandalism is a Class 2 felony when the damage to the property exceeds $500. Institutional vandalism is a Class 2 felony for any second or subsequent offense.
        (2) Upon imposition of any sentence, the trial court
    
shall also either order restitution paid to the victim or impose a fine up to $1,000. 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 institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section.
    (c) Independent of any criminal prosecution or the result of that prosecution, a person suffering damage to property or injury to his or her person as a result of institutional vandalism 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 under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor under this subsection in an amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.
    (d) As used in this Section, "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. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17.)

720 ILCS 5/21-1.3

    (720 ILCS 5/21-1.3)
    Sec. 21-1.3. Criminal defacement of property.
    (a) A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage.
    (b) Sentence.
    (1) Criminal defacement of property is a Class A misdemeanor for a first offense when the aggregate value of the damage to the property does not exceed $500. Criminal defacement of property is a Class 4 felony when the aggregate value of the damage to property does not exceed $500 and the property damaged is a school building or place of worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or when the aggregate value of the damage to the property exceeds $500. Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property exceeds $500 and the property damaged is a school building or place of worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces or National Guard, or veterans.
    (2) In addition to any other sentence that may be imposed for a violation of this Section, a person convicted of criminal defacement of property shall:
        (A) pay the actual costs incurred by the property
    
owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. To the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs; and
        (B) if convicted of criminal defacement of property
    
that is chargeable as a Class 3 or Class 4 felony, pay a mandatory minimum fine of $500.
    (3) In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal defacement of property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage to property that was caused by the offense, or similar damage to property located in the municipality or county in which the offense occurred. When the property damaged is a school building, the community service may include cleanup, removal, or painting over the defacement. 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.
    (4) For the purposes of this subsection (b), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; 98-756, eff. 7-16-14; 99-631, eff. 1-1-17.)

720 ILCS 5/21-1.4

    (720 ILCS 5/21-1.4)
    Sec. 21-1.4. Jackrocks violation.
    (a) A person commits a jackrocks violation when he or she knowingly:
        (1) sells, gives away, manufactures, purchases, or
    
possesses a jackrock; or
        (2) places, tosses, or throws a jackrock on public or
    
private property.
    (b) As used in this Section, "jackrock" means a caltrop or other object manufactured with one or more rounded or sharpened points, which when placed or thrown present at least one point at such an angle that it is peculiar to and designed for use in puncturing or damaging vehicle tires. It does not include a device designed to puncture or damage the tires of a vehicle driven over it in a particular direction, if a conspicuous and clearly visible warning is posted at the device's location, alerting persons to its presence.
    (c) This Section does not apply to the possession, transfer, or use of jackrocks by any law enforcement officer in the course of his or her official duties.
    (d) Sentence. A jackrocks violation is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-1.5

    (720 ILCS 5/21-1.5)
    Sec. 21-1.5. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)

720 ILCS 5/Art. 21, Subdiv. 5

 
    (720 ILCS 5/Art. 21, Subdiv. 5 heading)
SUBDIVISION 5. TRESPASS
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-2

    (720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
    Sec. 21-2. Criminal trespass to vehicles.
    (a) A person commits criminal trespass to vehicles when he or she knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile.
    (b) Sentence. Criminal trespass to vehicles is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-2.5

    (720 ILCS 5/21-2.5)
    Sec. 21-2.5. Electronic tracking devices prohibited.
    (a) As used in this Section:
        "Electronic tracking device" means any device
    
attached to a vehicle that reveals its location or movement by the transmission of electronic signals.
        "State agency" means all departments, officers,
    
commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.
        "Telematics" includes, but is not limited to,
    
automatic airbag deployment and crash notification, remote diagnostics, navigation, stolen vehicle location, remote door unlock, transmitting emergency and vehicle location information to public safety answering points, and any other service integrating vehicle location technology and wireless communications.
        "Vehicle" has the meaning ascribed to it in Section
    
1-217 of the Illinois Vehicle Code.
    (b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person.
    (c) This Section does not apply:
        (1) when the registered owner, lessor, or lessee of a
    
vehicle has consented to the use of the electronic tracking device with respect to that vehicle;
        (2) to the lawful use of an electronic tracking
    
device by a law enforcement agency;
        (3) when the vehicle is owned or leased by a business
    
that is authorized to transact business in this State and the tracking device is used by the business for the purpose of tracking vehicles driven by employees of that business, its affiliates, or contractors of that business or its affiliates;
        (4) when the vehicle is under the control of a State
    
agency and the electronic tracking device is used by the agency, or the Inspector General appointed under the State Officials and Employees Ethics Act who has jurisdiction over that State agency, for the purpose of tracking vehicles driven by employees or contractors of that State agency; or
        (5) telematic services that were installed by the
    
manufacturer, or installed by or with the consent of the owner or lessee of the vehicle and to which the owner or lessee has subscribed. Consent by the owner or lessee of the vehicle constitutes consent for any other driver or passenger of that vehicle.
    (d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.)

720 ILCS 5/21-3

    (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
    Sec. 21-3. Criminal trespass to real property.
    (a) A person commits criminal trespass to real property when he or she:
        (1) knowingly and without lawful authority enters or
    
remains within or on a building;
        (2) enters upon the land of another, after receiving,
    
prior to the entry, notice from the owner or occupant that the entry is forbidden;
        (3) remains upon the land of another, after receiving
    
notice from the owner or occupant to depart;
        (3.5) presents false documents or falsely represents
    
his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
        (3.7) intentionally removes a notice posted on
    
residential real estate as required by subsection (l) of Section 15-1505.8 of Article XV of the Code of Civil Procedure before the date and time set forth in the notice; or
        (4) enters a field used or capable of being used for
    
growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.
    For purposes of item (1) of this subsection, this Section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this Section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.
    (b) A person has received notice from the owner or occupant within the meaning of Subsection (a) if he or she has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
    (b-5) Subject to the provisions of subsection (b-10), as an alternative to the posting of real property as set forth in subsection (b), the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
        (1) A vertical line of at least 8 inches in length
    
and the bottom of the mark shall be no less than 3 feet nor more than 5 feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or
        (2) A post capped or otherwise marked on at least its
    
top 2 inches. The bottom of the cap or mark shall be not less than 3 feet but not more than 5 feet 6 inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
    Nothing in this subsection (b-5) shall be construed to authorize the owner or lessee of any real property to place any purple marks on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or instrument.
    (b-10) Any owner or lessee who marks his or her real property using the method described in subsection (b-5) must also provide notice as described in subsection (b) of this Section. The public of this State shall be informed of the provisions of subsection (b-5) of this Section by the Illinois Department of Agriculture and the Illinois Department of Natural Resources. These Departments shall conduct an information campaign for the general public concerning the interpretation and implementation of subsection (b-5). The information shall inform the public about the marking requirements and the applicability of subsection (b-5) including information regarding the size requirements of the markings as well as the manner in which the markings shall be displayed. The Departments shall also include information regarding the requirement that, until the date this subsection becomes inoperative, any owner or lessee who chooses to mark his or her property using paint, must also comply with one of the notice requirements listed in subsection (b). The Departments may prepare a brochure or may disseminate the information through agency websites. Non-governmental organizations including, but not limited to, the Illinois Forestry Association, Illinois Tree Farm and the Walnut Council may help to disseminate the information regarding the requirements and applicability of subsection (b-5) based on materials provided by the Departments. This subsection (b-10) is inoperative on and after January 1, 2013.
    (b-15) Subsections (b-5) and (b-10) do not apply to real property located in a municipality of over 2,000,000 inhabitants.
    (c) This Section does not apply to any person, whether a migrant worker or otherwise, living on the land with permission of the owner or of his or her agent having apparent authority to hire workers on this land and assign them living quarters or a place of accommodations for living thereon, nor to anyone living on the land at the request of, or by occupancy, leasing or other agreement or arrangement with the owner or his or her agent, nor to anyone invited by the migrant worker or other person so living on the land to visit him or her at the place he is so living upon the land.
    (d) A person shall be exempt from prosecution under this Section if he or she beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.
    (e) No person shall be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies pursuant to subsection (d) of this Section.
    (e-5) Mortgagee or agent of the mortgagee exceptions.
        (1) A mortgagee or agent of the mortgagee shall be
    
exempt from prosecution for criminal trespass for entering, securing, or maintaining an abandoned residential property.
        (2) No mortgagee or agent of the mortgagee shall be
    
liable to the mortgagor or other owner of an abandoned residential property in any civil action for negligence or civil trespass in connection with entering, securing, or maintaining the abandoned residential property.
        (3) For the purpose of this subsection (e-5) only,
    
"abandoned residential property" means mortgaged real estate that the mortgagee or agent of the mortgagee determines in good faith meets the definition of abandoned residential property set forth in Section 15-1200.5 of Article XV of the Code of Civil Procedure.
    (f) This Section does not prohibit a person from entering a building or upon the land of another for emergency purposes. For purposes of this subsection (f), "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.
    (g) Paragraph (3.5) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.
    (h) Sentence. A violation of subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of subdivision (a)(4) is a Class A misdemeanor.
    (i) Civil liability. A person may be liable in any civil action for money damages to the owner of the land he or she entered upon with a motor vehicle as prohibited under paragraph (4) of subsection (a) of this Section. A person may also be liable to the owner for court costs and reasonable attorney's fees. The measure of damages shall be: (i) the actual damages, but not less than $250, if the vehicle is operated in a nature preserve or registered area as defined in Sections 3.11 and 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice the actual damages if the owner has previously notified the person to cease trespassing; or (iii) in any other case, the actual damages, but not less than $50. If the person operating the vehicle is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable. For the purposes of this subsection (i):
        "Land" includes, but is not limited to, land used for
    
crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.
        "Owner" means the person who has the right to
    
possession of the land, including the owner, operator or tenant.
        "Vehicle" has the same meaning as provided under
    
Section 1-217 of the Illinois Vehicle Code.
    (j) This Section does not apply to the following persons while serving process:
        (1) a person authorized to serve process under
    
Section 2-202 of the Code of Civil Procedure; or
        (2) a special process server appointed by the circuit
    
court.
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 6-1-13.)

720 ILCS 5/21-4

    (720 ILCS 5/21-4) (from Ch. 38, par. 21-4)
    (This Section was renumbered as Section 21-1.01 by P.A. 97-1108.)
    Sec. 21-4. (Renumbered).
(Source: P.A. 89-30, eff. 1-1-96. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-5

    (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
    Sec. 21-5. Criminal trespass to State supported land.
    (a) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land, after receiving, prior to the entry, notice from the State or its representative that the entry is forbidden, or remains upon the land or in the building after receiving notice from the State or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    A person has received notice from the State within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her or a group of which he or she is a part, has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.
    (a-5) A person commits criminal trespass to State supported land when he or she enters upon a right of way, including facilities and improvements thereon, owned, leased, or otherwise used by a public body or district organized under the Metropolitan Transit Authority Act, the Local Mass Transit District Act, or the Regional Transportation Authority Act, after receiving, prior to the entry, notice from the public body or district, or its representative, that the entry is forbidden, or the person remains upon the right of way after receiving notice from the public body or district, or its representative, to depart, and in either of these instances intends to compromise public safety by causing a delay in transit service lasting more than 15 minutes or destroying property.
    A person has received notice from the public body or district within the meaning of this subsection if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding entry to him or her has been conspicuously posted or exhibited at any point of entrance to the right of way or the forbidden part of the right of way.
    As used in this subsection (a-5), "right of way" has the meaning ascribed to it in Section 18c-7502 of the Illinois Vehicle Code.
    (b) A person commits criminal trespass to State supported land when he or she enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to obtain permission from the State or its representative to enter the building or land; or remains upon the land or in the building by presenting false documents or falsely representing his or her identity orally to the State or its representative in order to remain upon the land or in the building, and who thereby interferes with another person's lawful use or enjoyment of the building or land.
    This subsection does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with State funds, or federal funds administered or granted through State agencies or any building on the land in the performance of his or her official duties.
    (c) Sentence. Criminal trespass to State supported land is a Class A misdemeanor, except a violation of subsection (a-5) of this Section is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)

720 ILCS 5/21-5.5

    (720 ILCS 5/21-5.5)
    Sec. 21-5.5. Criminal trespass to a safe school zone.
    (a) As used in this Section:
    "Employee" means a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor. "Employee" includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his or her designee.
    "School administrator" means the school's principal, or his or her designee.
    "Safe school zone" means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity. This shall include any school property, ground, or street, sidewalk, or public way immediately adjacent thereto and any public right-of-way situated immediately adjacent to school property. The safe school zone shall not include any portion of the highway not actually on school property.
    "School activity" means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event.
    "Student" means any person enrolled or previously enrolled in a school.
    (b) A person commits the offense of criminal trespass to a safe school zone when he or she knowingly:
        (1) enters or remains in a safe school zone without
    
lawful business, when as a student or employee, who has been suspended, expelled, or dismissed for disrupting the orderly operation of the school, and as a condition of the suspension or dismissal, has been denied access to the safe school zone for the period of the suspension or in the case of dismissal for a period not to exceed the term of expulsion, and has been served in person or by registered or certified mail, at the last address given by that person, with a written notice of the suspension or dismissal and condition; or
        (2) enters or remains in a safe school zone without
    
lawful business, once being served either in person or by registered or certified mail that his or her presence has been withdrawn by the school administrator, or his or her designee, and whose presence or acts interfere with, or whenever there is reasonable suspicion to believe, such person will disrupt the orderly operation, or the safety, or peaceful conduct of the school or school activities. This clause (b)(2) has no application to conduct protected by the Illinois Educational Labor Relations Act or any other law applicable to labor relations. This clause (b)(2) has no application to conduct protected by the First Amendment to the Constitution of the United States or Article I of the Illinois Constitution, including the exercise of free speech, free expression, and the free exercise of religion or expression of religiously based views.
    (c) Sentence. Criminal trespass to a safe school zone is a Class A misdemeanor.
(Source: P.A. 97-547, eff. 1-1-12.)

720 ILCS 5/21-6

    (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
    (a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
    (b) The chief security officer must grant any reasonable request for permission under paragraph (a).
(Source: P.A. 89-685, eff. 6-1-97.)

720 ILCS 5/21-7

    (720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
    Sec. 21-7. Criminal trespass to restricted areas and restricted landing areas at airports; aggravated criminal trespass to restricted areas and restricted landing areas at airports.
    (a) A person commits criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any:
        (1) restricted area or restricted landing area used
    
in connection with an airport facility, or part thereof, in this State, after the person has received notice from the airport authority that the entry is forbidden;
        (2) restricted area or restricted landing area used
    
in connection with an airport facility, or part thereof, in this State by presenting false documents or falsely representing his or her identity orally to the airport authority;
        (3) restricted area or restricted landing area as
    
prohibited in paragraph (1) of this subsection, while dressed in the uniform of, improperly wearing the identification of, presenting false credentials of, or otherwise physically impersonating an airman, employee of an airline, employee of an airport, or contractor at an airport.
     (b) A person commits aggravated criminal trespass to restricted areas and restricted landing areas at airports when he or she enters upon, or remains in, any restricted area or restricted landing area used in connection with an airport facility, or part thereof, in this State, while in possession of a weapon, replica of a weapon, or ammunition, after the person has received notice from the airport authority that the entry is forbidden.
     (c) Notice that the area is "restricted" and entry thereto "forbidden", for purposes of this Section, means that the person or persons have been notified personally, either orally or in writing, or by a printed or written notice forbidding the entry to him or her or a group or an organization of which he or she is a member, which has been conspicuously posted or exhibited at every usable entrance to the area or the forbidden part thereof.
    (d) (Blank).
    (e) (Blank).
    (f) The terms "Restricted area" or "Restricted landing area" in this Section are defined to incorporate the meaning ascribed to those terms in Section 8 of the "Illinois Aeronautics Act", approved July 24, 1945, as amended, and also include any other area of the airport that has been designated such by the airport authority.
    The terms "airman" and "airport" in this Section are defined to incorporate the meaning ascribed to those terms in Sections 6 and 12 of the Illinois Aeronautics Act.
    (g) Paragraph (2) of subsection (a) does not apply to a peace officer or other official of a unit of government who enters a restricted area or a restricted landing area used in connection with an airport facility, or part thereof, in the performance of his or her official duties.
    (h) Sentence.
    (1) A violation of paragraph (2) of subsection (a) is a Class A misdemeanor.
    (2) A violation of paragraph (1) or (3) of subsection (a) is a Class 4 felony.
    (3) A violation of subsection (b) is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-8

    (720 ILCS 5/21-8)
    Sec. 21-8. Criminal trespass to a nuclear facility.
    (a) A person commits criminal trespass to a nuclear facility when he or she knowingly and without lawful authority:
        (1) enters or remains within a nuclear facility or on
    
the grounds of a nuclear facility, after receiving notice before entry that entry to the nuclear facility is forbidden;
        (2) remains within the facility or on the grounds of
    
the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or
        (3) enters or remains within a nuclear facility or on
    
the grounds of a nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.
    (b) A person has received notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding the entry has been conspicuously posted or exhibited at the main entrance to the facility or grounds of the facility or the forbidden part of the facility.
    (c) In this Section, "nuclear facility" has the meaning ascribed to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.
    (d) Sentence. Criminal trespass to a nuclear facility is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-9

    (720 ILCS 5/21-9)
    Sec. 21-9. Criminal trespass to a place of public amusement.
    (a) A person commits criminal trespass to a place of public amusement when he or she knowingly and without lawful authority enters or remains on any portion of a place of public amusement after having received notice that the general public is restricted from access to that portion of the place of public amusement. These areas may include, but are not limited to: a playing field, an athletic surface, a stage, a locker room, or a dressing room located at the place of public amusement.
    (a-5) A person commits the offense of criminal trespass to a place of public amusement when he or she knowingly and without lawful authority gains access to or remains on any portion of a place of public amusement by presenting false documents or falsely representing his or her identity orally to the property owner, a lessee, an agent of either the owner or lessee, or a performer or participant. This subsection (a-5) does not apply to a peace officer or other official of a unit of government who enters or remains in the place of public amusement in the performance of his or her official duties.
    (b) A property owner, a lessee, an agent of either the owner or lessee, or a performer or participant may use reasonable force to restrain a trespasser and remove him or her from the restricted area; however, any use of force beyond reasonable force may subject that person to any applicable criminal penalty.
    (c) A person has received notice within the meaning of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the entrance to the portion of the place of public amusement that is restricted or an oral warning has been broadcast over the public address system of the place of public amusement.
    (d) In this Section, "place of public amusement" means a stadium, a theater, or any other facility of any kind, whether licensed or not, where a live performance, a sporting event, or any other activity takes place for other entertainment and where access to the facility is made available to the public, regardless of whether admission is charged.
    (e) Sentence. Criminal trespass to a place of public amusement is a Class 4 felony. Upon imposition of any sentence, the court shall also impose a fine of not less than $1,000. In addition, any order of probation or conditional discharge entered following a conviction shall include a condition that the offender perform public or community service of 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 offender was convicted. The court may also impose any other condition of probation or conditional discharge under this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 21, Subdiv. 10

 
    (720 ILCS 5/Art. 21, Subdiv. 10 heading)
SUBDIVISION 10. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-10

    (720 ILCS 5/21-10)
    Sec. 21-10. Criminal use of a motion picture exhibition facility.
    (a) A person commits criminal use of a motion picture exhibition facility, when he or she, where a motion picture is being exhibited, knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of that exhibition facility and of the licensor of the motion picture being exhibited.
    (b) Sentence. Criminal use of a motion picture exhibition facility is a Class 4 felony.
    (c) The owner or lessee of a facility where a motion picture is being exhibited, the authorized agent or employee of that owner or lessee, or the licensor of the motion picture being exhibited or his or her agent or employee, who alerts law enforcement authorities of an alleged violation of this Section is not liable in any civil action arising out of measures taken by that owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor, agent, or employee, in good faith believed to have violated this Section while awaiting the arrival of law enforcement authorities, unless the plaintiff in such an action shows by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.
    (d) This Section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the State or federal government from operating any audiovisual recording device in any facility where a motion picture is being exhibited as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
    (e) This Section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales and display purposes.
    (f) Nothing in this Section prevents the prosecution for conduct that constitutes a violation of this Section under any other provision of law providing for a greater penalty.
    (g) In this Section, "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed and "facility" does not include a personal residence.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21-11

    (720 ILCS 5/21-11)
    Sec. 21-11. Distributing or delivering written or printed solicitation on school property.
    (a) Distributing or delivering written or printed solicitation on school property or within 1,000 feet of school property, for the purpose of inviting students to any event when a significant purpose of the event is to commit illegal acts or to solicit attendees to commit illegal acts, or to be held in or around abandoned buildings, is prohibited.
    (b) For the purposes of this Section, "school property" is defined as the buildings or grounds of any public or private elementary or secondary school.
    (c) Sentence. A violation of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 21.1

 
    (720 ILCS 5/Art. 21.1 heading)
ARTICLE 21.1. RESIDENTIAL PICKETING

720 ILCS 5/21.1-1

    (720 ILCS 5/21.1-1) (from Ch. 38, par. 21.1-1)
    Sec. 21.1-1. Legislative finding and declaration.
    The Legislature finds and declares that men in a free society have the right to quiet enjoyment of their homes; that the stability of community and family life cannot be maintained unless the right to privacy and a sense of security and peace in the home are respected and encouraged; that residential picketing, however just the cause inspiring it, disrupts home, family and communal life; that residential picketing is inappropriate in our society, where the jealously guarded rights of free speech and assembly have always been associated with respect for the rights of others. For these reasons the Legislature finds and declares this Article to be necessary.
(Source: Laws 1967, p. 940.)

720 ILCS 5/21.1-2

    (720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
    Sec. 21.1-2. Residential picketing. A person commits residential picketing when he or she pickets before or about the residence or dwelling of any person, except when the residence or dwelling is used as a place of business. This Article does not apply to a person peacefully picketing his own residence or dwelling and does not prohibit the peaceful picketing of the place of holding a meeting or assembly on premises commonly used to discuss subjects of general public interest.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/21.1-3

    (720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
    Sec. 21.1-3. Sentence. Violation of Section 21.1-2 is a Class B misdemeanor.
(Source: P.A. 77-2638.)

720 ILCS 5/Art. 21.2

 
    (720 ILCS 5/Art. 21.2 heading)
ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
INSTITUTION OF EDUCATION
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-1

    (720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
    Sec. 21.2-1. The General Assembly, in recognition of unlawful campus and school disorders across the nation which are disruptive of the educational process, dangerous to the health and safety of persons, damaging to public and private property, and which divert the use of institutional facilities from the primary function of education, establishes by this Act criminal penalties for conduct declared in this Article to be unlawful. However, this Article does not modify or supersede any other law relating to damage to persons or property, nor does it prevent a public institution of education from establishing restrictions upon the availability or use of any building or other facility owned, operated or controlled by the institution to preserve their dedication to education, nor from establishing standards of scholastic and behavioral conduct reasonably relevant to the missions, processes and functions of the institution, nor from invoking appropriate discipline or expulsion for violations of such standards.
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-2

    (720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
    Sec. 21.2-2. Interference with a public institution of education. A person commits interference with a public institution of education when he or she, on the campus of a public institution of education, or at or in any building or other facility owned, operated or controlled by the institution, without authority from the institution he or she, through force or violence, actual or threatened:
        (1) knowingly denies to a trustee, school board
    
member, superintendent, principal, employee, student or invitee of the institution:
            (A) Freedom of movement at that place; or
            (B) Use of the property or facilities of the
        
institution; or
            (C) The right of ingress or egress to the
        
property or facilities of the institution; or
        (2) knowingly impedes, obstructs, interferes with or
    
disrupts:
            (A) the performance of institutional duties by a
        
trustee, school board member, superintendent, principal, or employee of the institution; or
            (B) the pursuit of educational activities, as
        
determined or prescribed by the institution, by a trustee, school board member, superintendent, principal, employee, student or invitee of the institution; or
        (3) knowingly occupies or remains in or at any
    
building, property or other facility owned, operated or controlled by the institution after due notice to depart.
(Source: P.A. 96-807, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/21.2-3

    (720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
    Sec. 21.2-3. Nothing in this Article prevents lawful assembly of the trustees, school board members, superintendent, principal, employees, students or invitees of a public institution of education, or prevents orderly petition for redress of grievances.
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-4

    (720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
    Sec. 21.2-4. Sentence. A person convicted of violation of this Article commits a Class C misdemeanor for the first offense and for a second or subsequent offense commits a Class B misdemeanor. If the interference with the public institution of education is accompanied by a threat of personal injury or property damage, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation in accordance with Section 12-6 of this Code.
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-5

    (720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
    Sec. 21.2-5. For the purposes of this Article the words and phrases described in this Section have the meanings designated in this Section, except when a particular context clearly requires a different meaning.
    "Public institution of education" means an educational organization located in this State which provides an organized elementary, secondary, or post-high school educational program, and which is supported in whole or in part by appropriations of the General Assembly, a unit of local government or school district.
    A person has received "due notice" if he, or the group of which he is a part, has been given oral or written notice from an authorized representative of the public institution of education in a manner reasonably designated to inform him, or the group of which he is a part, that he or they should cease such action or depart from such premises. The notice may also be given by a printed or written notice forbidding entry conspicuously posted or exhibited at the main entrance of the building or other facility, or the forbidden part thereof.
    "Force or violence" includes, but is not limited to, use of one's person, individually or in concert with others, to impede access to or movement within or otherwise to interfere with the conduct of the authorized activities of the public institution of education, its trustees, school board members, superintendent, principal, employees, students or invitees.
(Source: P.A. 96-807, eff. 1-1-10.)

720 ILCS 5/21.2-6

    (720 ILCS 5/21.2-6) (from Ch. 38, par. 21.2-6)
    Sec. 21.2-6. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared severable.
(Source: P.A. 76-1582.)

720 ILCS 5/Art. 21.3

 
    (720 ILCS 5/Art. 21.3 heading)
ARTICLE 21.3. SOLICITATION ON SCHOOL PROPERTY
(Repealed)
Source: P.A. 88-357. Repealed by P.A. 97-1108, eff. 1-1-13.

720 ILCS 5/Tit. III Pt. D

 
    (720 ILCS 5/Tit. III Pt. D heading)
PART D. OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY

720 ILCS 5/Art. 24

 
    (720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

720 ILCS 5/24-1

    (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful use of weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    
carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
        (2.5) Carries or possesses with intent to use the
    
same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
        (3) Carries on or about his person or in any vehicle,
    
a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
        (4) Carries or possesses in any vehicle or concealed
    
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a)(4) does not apply to or affect transportation of weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case,
        
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
            (iv) are carried or possessed in accordance with
        
the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act; or
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind
    
designed, used or intended for use in silencing the report of any firearm; or
        (7) Sells, manufactures, purchases, possesses or
    
carries:
            (i) a machine gun, which shall be defined for the
        
purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
            (ii) any rifle having one or more barrels less
        
than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
            (iii) any bomb, bomb-shell, grenade, bottle or
        
other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or
    
taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
        This subsection (a)(8) does not apply to any auction
    
or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about
    
his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity; or
        (10) Carries or possesses on or about his or her
    
person, upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, or taser or other firearm, except that this subsection (a)(10) does not apply to or affect transportation of weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case,
        
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
            (iv) are carried or possessed in accordance with
        
the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.
        A "stun gun or taser", as used in this paragraph (a)
    
means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or
        (11) Sells, manufactures, delivers, imports,
    
possesses, or purchases any assault weapon attachment or .50 caliber cartridge in violation of Section 24-1.9 or any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her
    
person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material; or
        (14) Manufactures, possesses, sells, or offers to
    
sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts; or
        (15) Carries or possesses any assault weapon or .50
    
caliber rifle in violation of Section 24-1.9; or
        (16) Manufactures, sells, delivers, imports, or
    
purchases any assault weapon or .50 caliber rifle in violation of Section 24-1.9.
    (b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The possession of each weapon or device in violation of this Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or
    
24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4),
    
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1),
    
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection
    
(c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.
        (4) For the purposes of this subsection (c), "school"
    
means any public or private elementary or secondary school, community college, college, or university.
        (5) For the purposes of this subsection (c),
    
"public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.
    (d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver.
    (e) Exemptions.
        (1) Crossbows, Common or Compound bows and
    
Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
        (2) The provision of paragraph (1) of subsection (a)
    
of this Section prohibiting the sale, manufacture, purchase, possession, or carrying of any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, does not apply to a person who possesses a currently valid Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)

720 ILCS 5/24-1.1

    (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
    Sec. 24-1.1. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities.
    (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Illinois State Police under Section 10 of the Firearm Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24-1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.
    (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years. A second or subsequent violation of this Section shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24-1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/24-1.2

    (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
    Sec. 24-1.2. Aggravated discharge of a firearm.
    (a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally:
        (1) Discharges a firearm at or into a building he or
    
she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;
        (2) Discharges a firearm in the direction of another
    
person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;
        (3) Discharges a firearm in the direction of a person
    
he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;
        (4) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (5) Discharges a firearm in the direction of a person
    
he or she knows to be emergency medical services personnel who is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
        (6) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by emergency medical services personnel while the emergency medical services personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
        (7) Discharges a firearm in the direction of a person
    
he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
        (8) Discharges a firearm in the direction of a person
    
he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or
        (9) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony. A violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.
    (c) For purposes of this Section:
    "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.
    "School" means a public or private elementary or secondary school, community college, college, or university.
    "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
(Source: P.A. 99-816, eff. 8-15-16.)

720 ILCS 5/24-1.2-5

    (720 ILCS 5/24-1.2-5)
    Sec. 24-1.2-5. Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm.
    (a) A person commits aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm when he or she knowingly or intentionally:
        (1) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm at or into a building he or she knows to be occupied and the machine gun or the firearm equipped with a device designed or used for silencing the report of a firearm is discharged from a place or position outside that building;
        (2) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of another person or in the direction of a vehicle he or she knows to be occupied;
        (3) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be a peace officer, a person summoned or directed by a peace officer, a correctional institution employee, or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (4) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (5) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be emergency medical services personnel while the emergency medical services personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
        (6) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by emergency medical services personnel, while the emergency medical services personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
        (7) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or
        (8) Discharges a machine gun or a firearm equipped
    
with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a) (1) or subsection (a) (2) of this Section is a Class X felony. A violation of subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 12 years and no more than 50 years.
    (c) For the purpose of this Section:
        "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.
        "Machine gun" has the meaning ascribed to it in
    
clause (i) of paragraph (7) of subsection (a) of Section 24-1 of this Code.
    (d) This Section does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(Source: P.A. 99-816, eff. 8-15-16.)

720 ILCS 5/24-1.5

    (720 ILCS 5/24-1.5)
    Sec. 24-1.5. Reckless discharge of a firearm.
    (a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.
    (b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.
    (c) Reckless discharge of a firearm is a Class 4 felony.
    (d) This Section does not apply to a peace officer while in the performance of his or her official duties.
(Source: P.A. 88-217.)

720 ILCS 5/24-1.6

    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon.
    (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
        (1) Carries on or about his or her person or in any
    
vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
        (2) Carries or possesses on or about his or her
    
person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm, other than a pistol, revolver,
        
or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
            (A-5) the pistol, revolver, or handgun possessed
        
was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
            (B) the firearm, other than a pistol, revolver,
        
or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
            (B-5) the pistol, revolver, or handgun possessed
        
was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
            (C) the person possessing the firearm has not
        
been issued a currently valid Firearm Owner's Identification Card; or
            (D) the person possessing the weapon was
        
previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
            (E) the person possessing the weapon was engaged
        
in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
            (F) (blank); or
            (G) the person possessing the weapon had an order
        
of protection issued against him or her within the previous 2 years; or
            (H) the person possessing the weapon was engaged
        
in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
            (I) the person possessing the weapon was under 21
        
years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
    (a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.
    (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the transportation or possession of weapons that:
        (i) are broken down in a non-functioning state; or
        (ii) are not immediately accessible; or
        (iii) are unloaded and enclosed in a case, firearm
    
carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.
    (d) Sentence.
        (1) Aggravated unlawful use of a weapon is a Class 4
    
felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
        (2) Except as otherwise provided in paragraphs (3)
    
and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
        (3) Aggravated unlawful use of a weapon by a person
    
who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
        (4) Aggravated unlawful use of a weapon while wearing
    
or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.
    (e) The possession of each firearm in violation of this Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

720 ILCS 5/24-1.7

    (720 ILCS 5/24-1.7)
    Sec. 24-1.7. Armed habitual criminal.
    (a) A person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses:
        (1) a forcible felony as defined in Section 2-8 of
    
this Code;
        (2) unlawful use of a weapon by a felon; aggravated
    
unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
        (3) any violation of the Illinois Controlled
    
Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.
    (b) Sentence. Being an armed habitual criminal is a Class X felony.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/24-1.8

    (720 ILCS 5/24-1.8)
    Sec. 24-1.8. Unlawful possession of a firearm by a street gang member.
    (a) A person commits unlawful possession of a firearm by a street gang member when he or she knowingly:
        (1) possesses, carries, or conceals on or about his
    
or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his or her fixed place of business, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang; or
        (2) possesses or carries in any vehicle a firearm
    
and firearm ammunition which are both immediately accessible at the time of the offense while on any street, road, alley, or any other lands, except when inside his or her own abode or garage, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang.
    (b) Unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 3 years and no more than 10 years. A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of unlawful possession of a firearm by a street gang member when the firearm was loaded or contained firearm ammunition and the court shall sentence the offender to not less than the minimum term of imprisonment authorized for the Class 2 felony.
    (c) For purposes of this Section:
        "Street gang" or "gang" has the meaning ascribed to
    
it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
        "Street gang member" or "gang member" has the meaning
    
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)

720 ILCS 5/24-1.9

    (720 ILCS 5/24-1.9)
    Sec. 24-1.9. Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges.
    (a) Definitions. In this Section:
    (1) "Assault weapon" means any of the following, except as provided in subdivision (2) of this subsection:
        (A) A semiautomatic rifle that has the capacity to
    
accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
            (i) a pistol grip or thumbhole stock;
            (ii) any feature capable of functioning as a
        
protruding grip that can be held by the non-trigger hand;
            (iii) a folding, telescoping, thumbhole, or
        
detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;
            (iv) a flash suppressor;
            (v) a grenade launcher;
            (vi) a shroud attached to the barrel or that
        
partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.
        (B) A semiautomatic rifle that has a fixed magazine
    
with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
        (C) A semiautomatic pistol that has the capacity to
    
accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
            (i) a threaded barrel;
            (ii) a second pistol grip or another feature
        
capable of functioning as a protruding grip that can be held by the non-trigger hand;
            (iii) a shroud attached to the barrel or that
        
partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
            (iv) a flash suppressor;
            (v) the capacity to accept a detachable magazine
        
at some location outside of the pistol grip; or
            (vi) a buffer tube, arm brace, or other part that
        
protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.
        (D) A semiautomatic pistol that has a fixed magazine
    
with the capacity to accept more than 15 rounds.
        (E) Any shotgun with a revolving cylinder.
        (F) A semiautomatic shotgun that has one or more of
    
the following:
            (i) a pistol grip or thumbhole stock;
            (ii) any feature capable of functioning as a
        
protruding grip that can be held by the non-trigger hand;
            (iii) a folding or thumbhole stock;
            (iv) a grenade launcher;
            (v) a fixed magazine with the capacity of more
        
than 5 rounds; or
            (vi) the capacity to accept a detachable
        
magazine.
        (G) Any semiautomatic firearm that has the capacity
    
to accept a belt ammunition feeding device.
        (H) Any firearm that has been modified to be operable
    
as an assault weapon as defined in this Section.
        (I) Any part or combination of parts designed or
    
intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
        (J) All of the following rifles, copies, duplicates,
    
variants, or altered facsimiles with the capability of any such weapon:
            (i) All AK types, including the following:
                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
            
MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.
                (II) IZHMASH Saiga AK.
                (III) MAADI AK47 and ARM.
                (IV) Norinco 56S, 56S2, 84S, and 86S.
                (V) Poly Technologies AK47 and AKS.
                (VI) SKS with a detachable magazine.
            (ii) all AR types, including the following:
                (I) AR-10.
                (II) AR-15.
                (III) Alexander Arms Overmatch Plus 16.
                (IV) Armalite M15 22LR Carbine.
                (V) Armalite M15-T.
                (VI) Barrett REC7.
                (VII) Beretta AR-70.
                (VIII) Black Rain Ordnance Recon Scout.
                (IX) Bushmaster ACR.
                (X) Bushmaster Carbon 15.
                (XI) Bushmaster MOE series.
                (XII) Bushmaster XM15.
                (XIII) Chiappa Firearms MFour rifles.
                (XIV) Colt Match Target rifles.
                (XV) CORE Rifle Systems CORE15 rifles.
                (XVI) Daniel Defense M4A1 rifles.
                (XVII) Devil Dog Arms 15 Series rifles.
                (XVIII) Diamondback DB15 rifles.
                (XIX) DoubleStar AR rifles.
                (XX) DPMS Tactical rifles.
                (XXI) DSA Inc. ZM-4 Carbine.
                (XXII) Heckler & Koch MR556.
                (XXIII) High Standard HSA-15 rifles.
                (XXIV) Jesse James Nomad AR-15 rifle.
                (XXV) Knight's Armament SR-15.
                (XXVI) Lancer L15 rifles.
                (XXVII) MGI Hydra Series rifles.
                (XXVIII) Mossberg MMR Tactical rifles.
                (XXIX) Noreen Firearms BN 36 rifle.
                (XXX) Olympic Arms.
                (XXXI) POF USA P415.
                (XXXII) Precision Firearms AR rifles.
                (XXXIII) Remington R-15 rifles.
                (XXXIV) Rhino Arms AR rifles.
                (XXXV) Rock River Arms LAR-15 or Rock River
            
Arms LAR-47.
                (XXXVI) Sig Sauer SIG516 rifles and MCX
            
rifles.
                (XXXVII) Smith & Wesson M&P15 rifles.
                (XXXVIII) Stag Arms AR rifles.
                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
            
rifles.
                (XL) Uselton Arms Air-Lite M-4 rifles.
                (XLI) Windham Weaponry AR rifles.
                (XLII) WMD Guns Big Beast.
                (XLIII) Yankee Hill Machine Company, Inc.
            
YHM-15 rifles.
            (iii) Barrett M107A1.
            (iv) Barrett M82A1.
            (v) Beretta CX4 Storm.
            (vi) Calico Liberty Series.
            (vii) CETME Sporter.
            (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
        
AR 110C.
            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
        
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
            (x) Feather Industries AT-9.
            (xi) Galil Model AR and Model ARM.
            (xii) Hi-Point Carbine.
            (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
            (xiv) IWI TAVOR, Galil ACE rifle.
            (xv) Kel-Tec Sub-2000, SU-16, and RFB.
            (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
        
Sauer SG 551, and SIG MCX.
            (xvii) Springfield Armory SAR-48.
            (xviii) Steyr AUG.
            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
        
M-14/20CF.
            (xx) All Thompson rifles, including the
        
following:
                (I) Thompson M1SB.
                (II) Thompson T1100D.
                (III) Thompson T150D.
                (IV) Thompson T1B.
                (V) Thompson T1B100D.
                (VI) Thompson T1B50D.
                (VII) Thompson T1BSB.
                (VIII) Thompson T1-C.
                (IX) Thompson T1D.
                (X) Thompson T1SB.
                (XI) Thompson T5.
                (XII) Thompson T5100D.
                (XIII) Thompson TM1.
                (XIV) Thompson TM1C.
            (xxi) UMAREX UZI rifle.
            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
        
UZI Model B Carbine.
            (xxiii) Valmet M62S, M71S, and M78.
            (xxiv) Vector Arms UZI Type.
            (xxv) Weaver Arms Nighthawk.
            (xxvi) Wilkinson Arms Linda Carbine.
        (K) All of the following pistols, copies, duplicates,
    
variants, or altered facsimiles with the capability of any such weapon thereof:
            (i) All AK types, including the following:
                (I) Centurion 39 AK pistol.
                (II) CZ Scorpion pistol.
                (III) Draco AK-47 pistol.
                (IV) HCR AK-47 pistol.
                (V) IO Inc. Hellpup AK-47 pistol.
                (VI) Krinkov pistol.
                (VII) Mini Draco AK-47 pistol.
                (VIII) PAP M92 pistol.
                (IX) Yugo Krebs Krink pistol.
            (ii) All AR types, including the following:
                (I) American Spirit AR-15 pistol.
                (II) Bushmaster Carbon 15 pistol.
                (III) Chiappa Firearms M4 Pistol GEN II.
                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
                (V) Daniel Defense MK18 pistol.
                (VI) DoubleStar Corporation AR pistol.
                (VII) DPMS AR-15 pistol.
                (VIII) Jesse James Nomad AR-15 pistol.
                (IX) Olympic Arms AR-15 pistol.
                (X) Osprey Armament MK-18 pistol.
                (XI) POF USA AR pistols.
                (XII) Rock River Arms LAR 15 pistol.
                (XIII) Uselton Arms Air-Lite M-4 pistol.
            (iii) Calico pistols.
            (iv) DSA SA58 PKP FAL pistol.
            (v) Encom MP-9 and MP-45.
            (vi) Heckler & Koch model SP-89 pistol.
            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
        
TEC-DC9.
            (viii) IWI Galil Ace pistol, UZI PRO pistol.
            (ix) Kel-Tec PLR 16 pistol.
            (x) All MAC types, including the following:
                (I) MAC-10.
                (II) MAC-11.
                (III) Masterpiece Arms MPA A930 Mini Pistol,
            
MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
                (IV) Military Armament Corp. Ingram M-11.
                (V) Velocity Arms VMAC.
            (xi) Sig Sauer P556 pistol.
            (xii) Sites Spectre.
            (xiii) All Thompson types, including the
        
following:
                (I) Thompson TA510D.
                (II) Thompson TA5.
            (xiv) All UZI types, including Micro-UZI.
        (L) All of the following shotguns, copies,
    
duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
            (i) DERYA Anakon MC-1980, Anakon SD12.
            (ii) Doruk Lethal shotguns.
            (iii) Franchi LAW-12 and SPAS 12.
            (iv) All IZHMASH Saiga 12 types, including the
        
following:
                (I) IZHMASH Saiga 12.
                (II) IZHMASH Saiga 12S.
                (III) IZHMASH Saiga 12S EXP-01.
                (IV) IZHMASH Saiga 12K.
                (V) IZHMASH Saiga 12K-030.
                (VI) IZHMASH Saiga 12K-040 Taktika.
            (v) Streetsweeper.
            (vi) Striker 12.
    (2) "Assault weapon" does not include:
        (A) Any firearm that is an unserviceable firearm or
    
has been made permanently inoperable.
        (B) An antique firearm or a replica of an antique
    
firearm.
        (C) A firearm that is manually operated by bolt,
    
pump, lever or slide action, unless the firearm is a shotgun with a revolving cylinder.
        (D) Any air rifle as defined in Section 24.8-0.1 of
    
this Code.
        (E) Any handgun, as defined under the Firearm
    
Concealed Carry Act, unless otherwise listed in this Section.
    (3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of this subsection (a).
    (4) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921(a)(16).
    (5) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical reenactments.
    (6) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.
    (7) "Detachable magazine" means an ammunition feeding device that may be removed from a firearm without disassembly of the firearm action, including an ammunition feeding device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or other tool, or any other object that functions as a tool, including a bullet or cartridge.
    (8) "Fixed magazine" means an ammunition feeding device that is permanently attached to a firearm, or contained in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
    (b) Except as provided in subsections (c), (d), and (e), on or after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
    (c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
    (d) This Section does not apply to a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited by subsection (c) of this Section, if the person has provided in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois State Police, no later than October 1, 2023:
        (1) the affiant's Firearm Owner's Identification Card
    
number;
        (2) an affirmation that the affiant: (i) possessed an
    
assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before the effective date of this amendatory Act of the 102nd General Assembly; or (ii) inherited the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge from a person with an endorsement under this Section or from a person authorized under subdivisions (1) through (5) of subsection (e) to possess the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge; and
        (3) the make, model, caliber, and serial number of
    
the .50 caliber rifle or assault weapon or assault weapons listed in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section possessed by the affiant prior to the effective date of this amendatory Act of the 102nd General Assembly and any assault weapons identified and published by the Illinois State Police pursuant to this subdivision (3). No later than October 1, 2023, and every October 1 thereafter, the Illinois State Police shall, via rulemaking, identify, publish, and make available on its website, the list of assault weapons subject to an endorsement affidavit under this subsection (d). The list shall identify, but is not limited to, the copies, duplicates, variants, and altered facsimiles of the assault weapons identified in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section and shall be consistent with the definition of "assault weapon" identified in this Section. The Illinois State Police may adopt emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The adoption of emergency rules authorized by Section 5-45 of the Illinois Administrative Procedure Act and this paragraph is deemed to be necessary for the public interest, safety, and welfare.
    The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act."
    In any administrative, civil, or criminal proceeding in this State, a completed endorsement affidavit submitted to the Illinois State Police by a person under this Section creates a rebuttable presumption that the person is entitled to possess and transport the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
    Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, a person authorized under this Section to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only:
        (1) on private property owned or immediately
    
controlled by the person;
        (2) on private property that is not open to the
    
public with the express permission of the person who owns or immediately controls such property;
        (3) while on the premises of a licensed firearms
    
dealer or gunsmith for the purpose of lawful repair;
        (4) while engaged in the legal use of the assault
    
weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or
        (5) while traveling to or from these locations,
    
provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.
    Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.
    Except as provided in subsection (e) and beginning on January 1, 2024, any person who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall, within 60 days, apply for a Firearm Owners Identification Card and complete an endorsement application as outlined in subsection (d).
    Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties.
    (e) The provisions of this Section regarding the purchase or possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 cartridges, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:
        (1) Peace officers, as defined in Section 2-13 of
    
this Code.
        (2) Qualified law enforcement officers and qualified
    
retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.
        (3) Acquisition and possession by a federal, State,
    
or local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).
        (4) Wardens, superintendents, and keepers of prisons,
    
penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
        (5) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard, while performing their official duties or while traveling to or from their places of duty.
        (6) Any company that employs armed security officers
    
in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.
        (7) Any private security contractor agency licensed
    
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
    The provisions of this Section do not apply to the manufacture, delivery, sale, import, purchase, or possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or causing the manufacture, delivery, sale, importation, purchase, or possession of those items:
        (A) for sale or transfer to persons authorized under
    
subdivisions (1) through (7) of this subsection (e) to possess those items;
        (B) for sale or transfer to the United States or any
    
department or agency thereof; or
        (C) for sale or transfer in another state or for
    
export.
    This Section does not apply to or affect any of the following:
        (i) Possession of any firearm if that firearm is
    
sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events. For the purposes of this paragraph (8), "firearm" has the meaning provided in Section 1.1 of the Firearm Owners Identification Card Act.
        (ii) Any nonresident who transports, within 24
    
hours, a weapon for any lawful purpose from any place where the nonresident may lawfully possess and carry that weapon to any other place where the nonresident may lawfully possess and carry that weapon if, during the transportation, the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. In the case of a vehicle without a compartment separate from the driver's compartment, the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.
        (iii) Possession of a weapon at an event taking place
    
at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the weapon, or while traveling to or from that location if the weapon is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.
        (iv) Possession of a weapon only for hunting use
    
expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms. By October 1, 2023, the Illinois State Police, in consultation with the Department of Natural Resources, shall adopt rules concerning the list of applicable weapons approved under this subparagraph (iv). The Illinois State Police may adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The adoption of emergency rules authorized by Section 5-45 of the Illinois Administrative Procedure Act and this paragraph is deemed to be necessary for the public interest, safety, and welfare.
        (v) The manufacture, transportation, possession,
    
sale, or rental of blank-firing assault weapons and .50 caliber rifles, or the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted, to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.
    Any person not subject to this Section may submit an endorsement affidavit if the person chooses.
    (f) Any sale or transfer with a background check initiated to the Illinois State Police on or before the effective date of this amendatory Act of the 102nd General Assembly is allowed to be completed after the effective date of this amendatory Act once an approval is issued by the Illinois State Police and any applicable waiting period under Section 24-3 has expired.
    (g) The Illinois State Police shall take all steps necessary to carry out the requirements of this Section within by October 1, 2023.
    (h) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 102nd General Assembly and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23.)

720 ILCS 5/24-1.10

    (720 ILCS 5/24-1.10)
    Sec. 24-1.10. Manufacture, delivery, sale, and possession of large capacity ammunition feeding devices.
    (a) In this Section:
    "Handgun" has the meaning ascribed to it in the Firearm Concealed Carry Act.
    "Long gun" means a rifle or shotgun.
    "Large capacity ammunition feeding device" means:
        (1) a magazine, belt, drum, feed strip, or similar
    
device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns; or
        (2) any combination of parts from which a device
    
described in paragraph (1) can be assembled.
    "Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.
    (b) Except as provided in subsections (e) and (f), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device.
    (c) Except as provided in subsections (d), (e), and (f), and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful to knowingly possess a large capacity ammunition feeding device.
    (d) Subsection (c) does not apply to a person's possession of a large capacity ammunition feeding device if the person lawfully possessed that large capacity ammunition feeding device before the effective date of this amendatory Act of the 102nd General Assembly, provided that the person shall possess such device only:
        (1) on private property owned or immediately
    
controlled by the person;
        (2) on private property that is not open to the
    
public with the express permission of the person who owns or immediately controls such property;
        (3) while on the premises of a licensed firearms
    
dealer or gunsmith for the purpose of lawful repair;
        (4) while engaged in the legal use of the large
    
capacity ammunition feeding device at a properly licensed firing range or sport shooting competition venue; or
        (5) while traveling to or from these locations,
    
provided that the large capacity ammunition feeding device is stored unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.
    A person authorized under this Section to possess a large capacity ammunition feeding device may transfer the large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the large capacity ammunition feeding device except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the large capacity ammunition feeding device is transferred shall, within 60 days of the transfer, notify the Illinois State Police of the person's acquisition and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the large capacity ammunition feeding device is transferred may transfer it only as provided in this subsection.
    Except as provided in subsections (e) and (f) and beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, any person who moves into this State in possession of a large capacity ammunition feeding device shall, within 60 days, apply for a Firearm Owners Identification Card.
    (e) The provisions of this Section regarding the purchase or possession of large capacity ammunition feeding devices, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:
        (1) Peace officers as defined in Section 2-13 of this
    
Code.
        (2) Qualified law enforcement officers and qualified
    
retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.
        (3) A federal, State, or local law enforcement agency
    
for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).
        (4) Wardens, superintendents, and keepers of prisons,
    
penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
        (5) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard, while their official duties or while traveling to or from their places of duty.
        (6) Any company that employs armed security officers
    
in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.
        (7) Any private security contractor agency licensed
    
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
    (f) This Section does not apply to or affect any of the following:
        (1) Manufacture, delivery, sale, importation,
    
purchase, or possession or causing to be manufactured, delivered, sold, imported, purchased, or possessed a large capacity ammunition feeding device:
            (A) for sale or transfer to persons authorized
        
under subdivisions (1) through (7) of subsection (e) to possess those items;
            (B) for sale or transfer to the United States or
        
any department or agency thereof; or
            (C) for sale or transfer in another state or for
        
export.
        (2) Sale or rental of large capacity ammunition
    
feeding devices for blank-firing assault weapons and .50 caliber rifles, to persons authorized or permitted, or both authorized and permitted, to acquire these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.
    (g) Sentence. A person who knowingly manufactures, delivers, sells, purchases, possesses, or causes to be manufactured, delivered, sold, possessed, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns commits a petty offense with a fine of $1,000 for each violation.
    (h) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 102nd General Assembly and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23.)

720 ILCS 5/24-2

    (720 ILCS 5/24-2)
    Sec. 24-2. Exemptions.
    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a
    
peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
        (4) Special agents employed by a railroad or a public
    
utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
        (5) Persons licensed as private security contractors,
    
private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
        (6) Any person regularly employed in a commercial or
    
industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
        (7) Agents and investigators of the Illinois
    
Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
        (8) Persons employed by a financial institution as a
    
security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
        (9) Any person employed by an armored car company to
    
drive an armored car, while actually engaged in the performance of his duties.
        (10) Persons who have been classified as peace
    
officers pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    
Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    
Attorney under Section 3-9005 of the Counties Code.
        (12.5) Probation officers while in the performance of
    
their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.
        (13) Court Security Officers while in the performance
    
of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
        (13.5) A person employed as an armed security guard
    
at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    
to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this State or under the federal Law Enforcement Officers Safety Act.
    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized for
    
the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    
while parading, with the special permission of the Governor.
        (3) Hunters, trappers, or fishermen while engaged in
    
lawful hunting, trapping, or fishing under the provisions of the Wildlife Code or the Fish and Aquatic Life Code.
        (4) Transportation of weapons that are broken down in
    
a non-functioning state or are not immediately accessible.
        (5) Carrying or possessing any pistol, revolver, stun
    
gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.
    (c) Subsection 24-1(a)(7) does not apply to or affect any of the following:
        (1) Peace officers while in performance of their
    
official duties.
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    
guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
        (5) Persons licensed under federal law to manufacture
    
any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
        During transportation, such weapons shall be broken
    
down in a non-functioning state or not immediately accessible.
        (6) The manufacture, transport, testing, delivery,
    
transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    
shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
        (7) A person possessing a rifle with a barrel or
    
barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
    (d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.
    (e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.
    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:
        (1) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (2) Bonafide collectors of antique or surplus
    
military ordnance.
        (3) Laboratories having a department of forensic
    
ballistics, or specializing in the development of ammunition or explosive ordnance.
        (4) Commerce, preparation, assembly or possession of
    
explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
    (g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.
    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.
    (g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
    (g-10) (Blank).
    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

720 ILCS 5/24-2.1

    (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
    Sec. 24-2.1. Unlawful use of firearm projectiles.
    (a) A person commits the offense of unlawful use of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.
    For the purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
    The definition contained herein shall not be construed to include shotgun shells.
    "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
    "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
    "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles.
    (b) Exemptions. This Section does not apply to or affect any of the following:
        (1) Peace officers.
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard while in the performance of their official duties.
        (4) Federal officials required to carry firearms,
    
while engaged in the performance of their official duties.
        (5) United States Marshals, while engaged in the
    
performance of their official duties.
        (6) Persons licensed under federal law to
    
manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.
        This exemption does not authorize the general private
    
possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.
        (7) Laboratories having a department of forensic
    
ballistics or specializing in the development of ammunition or explosive ordnance.
        (8) Manufacture, transportation, or sale of armor
    
piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.
    (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption.
    (d) Sentence. A person convicted of unlawful use of armor piercing bullets shall be guilty of a Class 3 felony.
(Source: P.A. 92-423, eff. 1-1-02.)

720 ILCS 5/24-2.2

    (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
    Sec. 24-2.2. Manufacture, sale or transfer of bullets or shells represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells.
    (a) Except as provided in subsection (b) of this Section, it is unlawful for any person to knowingly manufacture, sell, offer to sell, or transfer any bullet or shell which is represented to be an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a flechette shell as defined in Section 24-2.1 of this Code.
    (b) Exemptions. This Section does not apply to or affect any person authorized under Section 24-2.1 to manufacture, sell, purchase, possess, or carry any armor piercing bullet or any dragon's breath shotgun shell, bolo shell, or flechette shell with respect to activities which are within the lawful scope of the exemption therein granted.
    (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption and that the activities forming the basis of any criminal charge brought pursuant to this Section were within the lawful scope of such exemption.
    (d) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 92-423, eff. 1-1-02.)

720 ILCS 5/24-3

    (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
    Sec. 24-3. Unlawful sale or delivery of firearms.
    (A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:
        (a) Sells or gives any firearm of a size which may be
    
concealed upon the person to any person under 18 years of age.
        (b) Sells or gives any firearm to a person under 21
    
years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.
        (c) Sells or gives any firearm to any narcotic addict.
        (d) Sells or gives any firearm to any person who has
    
been convicted of a felony under the laws of this or any other jurisdiction.
        (e) Sells or gives any firearm to any person who has
    
been a patient in a mental institution within the past 5 years. In this subsection (e):
            "Mental institution" means any hospital,
        
institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
            "Patient in a mental institution" means the
        
person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.
        (f) Sells or gives any firearms to any person who is
    
a person with an intellectual disability.
        (g) Delivers any firearm, incidental to a sale,
    
without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers a stun gun or taser, incidental to a sale, without withholding delivery of the stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which the firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois; (3) (blank); (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. For purposes of transfers or sales under subparagraph (5) of this paragraph (g), the Department of Natural Resources shall give notice to the Illinois State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. The notification shall be made on a form prescribed by the Illinois State Police. The sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Illinois State Police. Any changes to the list of registered competitors and attendees shall be forwarded to the Illinois State Police as soon as practicable. The Illinois State Police must destroy the list of registered competitors and attendees no later than 30 days after the date of the event. Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. For purposes of this paragraph (g), "national governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
        (h) While holding any license as a dealer, importer,
    
manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.
        (i) Sells or gives a firearm of any size to any
    
person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.
        (j) Sells or gives a firearm while engaged in the
    
business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):
        A person "engaged in the business" means a person who
    
devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
        "With the principal objective of livelihood and
    
profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
        (k) Sells or transfers ownership of a firearm to a
    
person who does not display to the seller or transferor of the firearm either: (1) a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Illinois State Police under the provisions of the Firearm Owners Identification Card Act; or (2) a currently valid license to carry a concealed firearm that has previously been issued in the transferee's name by the Illinois State Police under the Firearm Concealed Carry Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card or license to carry a concealed firearm means receipt of an approval number issued in accordance with subsection (a-10) of Section 3 or Section 3.1 of the Firearm Owners Identification Card Act.
            (1) In addition to the other requirements of this
        
paragraph (k), all persons who are not federally licensed firearms dealers must also have complied with subsection (a-10) of Section 3 of the Firearm Owners Identification Card Act by determining the validity of a purchaser's Firearm Owner's Identification Card.
            (2) All sellers or transferors who have complied
        
with the requirements of subparagraph (1) of this paragraph (k) shall not be liable for damages in any civil action arising from the use or misuse by the transferee of the firearm transferred, except for willful or wanton misconduct on the part of the seller or transferor.
        (l) Not being entitled to the possession of a
    
firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
    (B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78-355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78-355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.
    (C) Sentence.
        (1) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.
        (3) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.
        (4) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.
        (5) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.
        (6) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale or delivery
    
of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony, except that a violation of subparagraph (1) of paragraph (k) of subsection (A) shall not be punishable as a crime or petty offense. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.
        (8) A person 18 years of age or older convicted of
    
unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.
        (9) Any person convicted of unlawful sale or
    
delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.
        (10) Any person convicted of unlawful sale or
    
delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 2 felony if the delivery is of one firearm. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 1 felony if the delivery is of not less than 2 and not more than 5 firearms at the same time or within a one-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years if the delivery is of not less than 6 and not more than 10 firearms at the same time or within a 2-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years if the delivery is of not less than 11 and not more than 20 firearms at the same time or within a 3-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years if the delivery is of not less than 21 and not more than 30 firearms at the same time or within a 4-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years if the delivery is of 31 or more firearms at the same time or within a 5-year period.
    (D) For purposes of this Section:
    "School" means a public or private elementary or secondary school, community college, college, or university.
    "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
    (E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

720 ILCS 5/24-3A

    (720 ILCS 5/24-3A)
    Sec. 24-3A. Gunrunning.
    (a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24-3 of this Code.
    (b) Sentence. A person who commits gunrunning:
        (1) is guilty of a Class 1 felony;
        (2) is guilty of a Class X felony for which the
    
sentence shall be a term of imprisonment of not less than 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;
        (3) is guilty of a Class X felony for which the
    
sentence shall be a term of imprisonment of not less than 10 years and not more than 50 years if the transfer is of more than 20 firearms.
A person who commits gunrunning by transferring firearms to a person who, at the time of the commission of the offense, is under 18 years of age is guilty of a Class X felony.
(Source: P.A. 93-906, eff. 8-11-04.)

720 ILCS 5/24-3B

    (720 ILCS 5/24-3B)
    Sec. 24-3B. Firearms trafficking.
    (a) A person commits firearms trafficking when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly:
        (1) brings, or causes to be brought, into this State,
    
a firearm or firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm or firearm ammunition to any other person; or
        (2) brings, or causes to be brought, into this State,
    
a firearm and firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm and firearm ammunition to any other person.
    (a-5) This Section does not apply to:
        (1) a person exempt under Section 2 of the Firearm
    
Owners Identification Card Act from the requirement of having possession of a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police in order to acquire or possess a firearm or firearm ammunition;
        (2) a common carrier under subsection (i) of Section
    
24-2 of this Code; or
        (3) a non-resident who may lawfully possess a
    
firearm in his or her resident state.
    (b) Sentence.
        (1) Firearms trafficking is a Class 1 felony for
    
which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 20 years.
        (2) Firearms trafficking by a person who has been
    
previously convicted of firearms trafficking, gunrunning, or a felony offense for the unlawful sale, delivery, or transfer of a firearm or firearm ammunition in this State or another jurisdiction is a Class X felony.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/24-3.1

    (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
    Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.
    (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
        (1) He is under 18 years of age and has in his
    
possession any firearm of a size which may be concealed upon the person; or
        (2) He is under 21 years of age, has been convicted
    
of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or
        (3) He is a narcotic addict and has any firearms or
    
firearm ammunition in his possession; or
        (4) He has been a patient in a mental institution
    
within the past 5 years and has any firearms or firearm ammunition in his possession. For purposes of this paragraph (4):
            "Mental institution" means any hospital,
        
institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
            "Patient in a mental institution" means the
        
person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or
        (5) He is a person with an intellectual disability
    
and has any firearms or firearm ammunition in his possession; or
        (6) He has in his possession any explosive bullet.
    For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
    (b) Sentence.
    Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
    (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/24-3.2

    (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
    (a) A person commits the offense of unlawful discharge of firearm projectiles when he or she knowingly or recklessly uses an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell in violation of this Section.
    For purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
    "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
    "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
    "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles.
    (b) A person commits a Class X felony when he or she, knowing that a firearm, as defined in Section 1.1 of the Firearm Owners Identification Card Act, is loaded with an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, intentionally or recklessly discharges such firearm and such bullet or shell strikes any other person.
    (c) Any person who possesses, concealed on or about his or her person, an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell and a firearm suitable for the discharge thereof is guilty of a Class 2 felony.
    (d) This Section does not apply to or affect any of the following:
        (1) Peace officers;
        (2) Wardens, superintendents and keepers of prisons,
    
penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;
        (3) Members of the Armed Services or Reserve Forces
    
of the United States or the Illinois National Guard while in the performance of their official duties;
        (4) Federal officials required to carry firearms,
    
while engaged in the performance of their official duties;
        (5) United States Marshals, while engaged in the
    
performance of their official duties.
(Source: P.A. 92-423, eff. 1-1-02.)

720 ILCS 5/24-3.3

    (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
    Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the Premises of Any School, regardless of the time of day or the time of year, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency. Any person 18 years of age or older who sells, gives or delivers any firearm to any person under 18 years of age in any school, regardless of the time of day or the time of year or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any school, regardless of the time of day or the time of year or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony. School is defined, for the purposes of this Section, as any public or private elementary or secondary school, community college, college or university. This does not apply to peace officers or to students carrying or possessing firearms for use in school training courses, parades, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded and enclosed in a suitable case, box or transportation package.
(Source: P.A. 91-673, eff. 12-22-99.)

720 ILCS 5/24-3.4

    (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
    (a) It shall be unlawful for any person who holds a license to sell at retail any alcoholic liquor issued by the Illinois Liquor Control Commission or local liquor control commissioner under the Liquor Control Act of 1934 or an agent or employee of the licensee to sell or deliver to any other person a firearm in or on the real property of the establishment where the licensee is licensed to sell alcoholic liquors unless the sale or delivery of the firearm is otherwise lawful under this Article and under the Firearm Owners Identification Card Act.
    (b) Sentence. A violation of subsection (a) of this Section is a Class 4 felony.
(Source: P.A. 87-591.)

720 ILCS 5/24-3.5

    (720 ILCS 5/24-3.5)
    Sec. 24-3.5. Unlawful purchase of a firearm.
    (a) For purposes of this Section, "firearms transaction record form" means a form:
        (1) executed by a transferee of a firearm stating:
    
(i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and
        (2) on which the transferee certifies that he or she
    
is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.
    (b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.
    (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.
    (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.
    (e) Sentence.
        (1) A person who commits the offense of unlawful
    
purchase of a firearm:
            (A) is guilty of a Class 2 felony for purchasing
        
or attempting to purchase one firearm;
            (B) is guilty of a Class 1 felony for purchasing
        
or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;
            (C) is guilty of a Class X felony for which the
        
offender shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 year period.
        (2) In addition to any other penalty that may be
    
imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.
    (f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.
(Source: P.A. 95-882, eff. 1-1-09.)

720 ILCS 5/24-3.6

    (720 ILCS 5/24-3.6)
    Sec. 24-3.6. Unlawful use of a firearm in the shape of a wireless telephone.
    (a) For the purposes of this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.
    (b) A person commits the offense of unlawful use of a firearm in the shape of a wireless telephone when he or she manufactures, sells, transfers, purchases, possesses, or carries a firearm shaped or designed to appear as a wireless telephone.
    (c) This Section does not apply to or affect the sale to or possession of a firearm in the shape of a wireless telephone by a peace officer.
    (d) Sentence. Unlawful use of a firearm in the shape of a wireless telephone is a Class 4 felony.
(Source: P.A. 92-155, eff. 1-1-02.)

720 ILCS 5/24-3.7

    (720 ILCS 5/24-3.7)
    Sec. 24-3.7. Use of a stolen firearm in the commission of an offense.
    (a) A person commits the offense of use of a stolen firearm in the commission of an offense when he or she knowingly uses a stolen firearm in the commission of any offense and the person knows that the firearm was stolen.
    (b) Sentence. Use of a stolen firearm in the commission of an offense is a Class 2 felony.
(Source: P.A. 96-190, eff. 1-1-10.)

720 ILCS 5/24-3.8

    (720 ILCS 5/24-3.8)
    Sec. 24-3.8. Possession of a stolen firearm.
    (a) A person commits possession of a stolen firearm when he or she, not being entitled to the possession of a firearm, possesses the firearm, knowing it to have been stolen or converted. The trier of fact may infer that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
    (b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/24-3.9

    (720 ILCS 5/24-3.9)
    Sec. 24-3.9. Aggravated possession of a stolen firearm.
    (a) A person commits aggravated possession of a stolen firearm when he or she:
        (1) Not being entitled to the possession of not less
    
than 2 and not more than 5 firearms, possesses those firearms at the same time or within a one-year period, knowing the firearms to have been stolen or converted.
        (2) Not being entitled to the possession of not less
    
than 6 and not more than 10 firearms, possesses those firearms at the same time or within a 2-year period, knowing the firearms to have been stolen or converted.
        (3) Not being entitled to the possession of not less
    
than 11 and not more than 20 firearms, possesses those firearms at the same time or within a 3-year period, knowing the firearms to have been stolen or converted.
        (4) Not being entitled to the possession of not less
    
than 21 and not more than 30 firearms, possesses those firearms at the same time or within a 4-year period, knowing the firearms to have been stolen or converted.
        (5) Not being entitled to the possession of more than
    
30 firearms, possesses those firearms at the same time or within a 5-year period, knowing the firearms to have been stolen or converted.
    (b) The trier of fact may infer that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
    (c) Sentence.
        (1) A person who violates paragraph (1) of subsection
    
(a) of this Section commits a Class 1 felony.
        (2) A person who violates paragraph (2) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years.
        (3) A person who violates paragraph (3) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years.
        (4) A person who violates paragraph (4) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years.
        (5) A person who violates paragraph (5) of subsection
    
(a) of this Section commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/24-4

    (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
    Sec. 24-4. Register of sales by dealer.
    (a) Any seller of firearms of a size which may be concealed upon the person, other than a manufacturer selling to a bona fide wholesaler or retailer or a wholesaler selling to a bona fide retailer, shall keep a register of all firearms sold or given away.
    (b) Such register shall contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, description and number of the weapon, and the purpose for which it is purchased and obtained.
    (c) Such seller on demand of a peace officer shall produce for inspection the register and allow such peace officer to inspect such register and all stock on hand.
    (d) Sentence.
    Violation of this Section is a Class B misdemeanor.
(Source: P.A. 77-2638.)

720 ILCS 5/24-4.1

    (720 ILCS 5/24-4.1)
    Sec. 24-4.1. Report of lost or stolen firearms.
    (a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.
    (b) A law enforcement agency having jurisdiction shall take a written report and shall, as soon as practical, enter the firearm's serial number as stolen into the Law Enforcement Agencies Data System (LEADS).
    (c) A person shall not be in violation of this Section if:
        (1) the failure to report is due to an act of God,
    
act of war, or inability of a law enforcement agency to receive the report;
        (2) the person is hospitalized, in a coma, or is
    
otherwise seriously physically or mentally impaired as to prevent the person from reporting; or
        (3) the person's designee makes a report if the
    
person is unable to make the report.
    (d) Sentence. A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-508, eff. 8-19-13.)

720 ILCS 5/24-5

    (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
    Sec. 24-5. Defacing identification marks of firearms.
    (a) Any person who shall knowingly or intentionally change, alter, remove or obliterate the name of the importer's or manufacturer's serial number of any firearm commits a Class 2 felony.
    (b) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated commits a Class 3 felony.
    (c) Nothing in this Section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm's frame or receiver.
    (d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense.
(Source: P.A. 93-906, eff. 8-11-04.)

720 ILCS 5/24-5.1

    (720 ILCS 5/24-5.1)
    Sec. 24-5.1. Serialization of unfinished frames or receivers; prohibition on unserialized firearms; exceptions; penalties.
    (a) In this Section:
    "Bona fide supplier" means an established business entity engaged in the development and sale of firearms parts to one or more federal firearms manufacturers or federal firearms importers.
    "Federal firearms dealer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(11).
    "Federal firearms importer" means a licensed importer pursuant to 18 U.S.C. 921(a)(9).
    "Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(10).
    "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
    "Security exemplar" means an object to be fabricated at the direction of the United States Attorney General that is (1) constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun and (2) suitable for testing and calibrating metal detectors.
    "Three-dimensional printer" means a computer or computer-drive machine capable of producing a three-dimensional object from a digital model.
    "Undetectable firearm" means (1) a firearm constructed entirely of non-metal substances; (2) a firearm that, after removal of all parts but the major components of the firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar; or (3) a firearm that includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. "Undetectable firearm" does not include a firearm subject to the provisions of 18 U.S.C. 922(p)(3) through (6).
    "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that:
        (1) has reached a stage in manufacture where it may
    
readily be completed, assembled, or converted to be a functional firearm; or
        (2) is marketed or sold to the public to become or be
    
used as the frame or receiver of a functional firearm once completed, assembled, or converted.
    "Unserialized" means lacking a serial number imprinted by:
        (1) a federal firearms manufacturer, federal firearms
    
importer, federal firearms dealer, or other federal licensee authorized to provide marking services, pursuant to a requirement under federal law; or
        (2) a federal firearms dealer or other federal
    
licensee authorized to provide marking services pursuant to subsection (f) of this Section.
    (b) It is unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
    (c) Beginning 180 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless:
        (1) the party possessing or receiving the unfinished
    
frame or receiver is a federal firearms importer or federal firearms manufacturer;
        (2) the unfinished frame or receiver is possessed or
    
transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or
        (3) the unfinished frame or receiver has been
    
imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with subsection (f) of this Section.
    (d) Beginning 180 days after the effective date of this amendatory Act of the 102nd General Assembly, unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it is unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process under subsection (f) of this Section.
    (e) Any firearm or unfinished frame or receiver manufactured using a three-dimensional printer must also be serialized in accordance with the requirements of subsection (f) within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, or prior to reaching a stage of manufacture where it may be readily completed, assembled, or converted to be a functional firearm.
    (f) Unserialized unfinished frames or receivers and unserialized firearms serialized pursuant to this Section shall be serialized in compliance with all of the following:
        (1) An unserialized unfinished frame or receiver and
    
unserialized firearm shall be serialized by a federally licensed firearms dealer or other federal licensee authorized to provide marking services with the licensee's abbreviated federal firearms license number as a prefix (which is the first 3 and last 5 digits) followed by a hyphen, and then followed by a number as a suffix, such as 12345678-(number). The serial number or numbers must be placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms, including the requirements that the serial number or numbers be at the minimum size and depth, and not susceptible to being readily obliterated, altered, or removed, and the licensee must retain records that accord with the requirements under federal law in the case of the sale of a firearm. The imprinting of any serial number upon a undetectable firearm must be done on a steel plaque in compliance with 18 U.S.C. 922(p).
        (2) Every federally licensed firearms dealer or other
    
federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall maintain a record of such indefinitely. Licensees subject to the Firearm Dealer License Certification Act shall make all records accessible for inspection upon the request of the Illinois State Police or a law enforcement agency in accordance with Section 5-35 of the Firearm Dealer License Certification Act.
        (3) Every federally licensed firearms dealer or other
    
federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall record it at the time of every transaction involving the transfer of a firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that has been so marked in compliance with the federal guidelines set forth in 27 CFR 478.124.
        (4) Every federally licensed firearms dealer or other
    
federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall review and confirm the validity of the owner's Firearm Owner's Identification Card issued under the Firearm Owners Identification Card Act prior to returning the firearm to the owner.
    (g) Within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, the Director of the Illinois State Police shall issue a public notice regarding the provisions of this Section. The notice shall include posting on the Illinois State Police website and may include written notification or any other means of communication statewide to all Illinois-based federal firearms manufacturers, federal firearms dealers, or other federal licensees authorized to provide marking services in compliance with the serialization process in subsection (f) in order to educate the public.
    (h) Exceptions. This Section does not apply to an unserialized unfinished frame or receiver or an unserialized firearm that:
        (1) has been rendered permanently inoperable;
        (2) is an antique firearm, as defined in 18 U.S.C.
    
921(a)(16);
        (3) was manufactured prior to October 22, 1968;
        (4) is an unfinished frame or receiver and is
    
possessed by a bona fide supplier exclusively for transfer to a federal firearms manufacturer or federal firearms importer, or is possessed by a federal firearms manufacturer or federal firearms importer in compliance with all federal laws and regulations regulating the manufacture and import of firearms; except this exemption does not apply if an unfinished frame or receiver is possessed for transfer or is transferred to a person other than a federal firearms manufacturer or federal firearms importer; or
        (5) is possessed by a person who received the
    
unserialized unfinished frame or receiver or unserialized firearm through inheritance, and is not otherwise prohibited from possessing the unserialized unfinished frame or receiver or unserialized firearm, for a period not exceeding 30 days after inheriting the unserialized unfinished frame or receiver or unserialized firearm.
    (i) Penalties.
        (1) A person who violates subsection (c) or (d) is
    
guilty of a Class A misdemeanor for a first violation and is guilty of a Class 3 felony for a second or subsequent violation.
        (2) A person who violates subsection (b) is guilty of
    
a Class 4 felony for a first violation and is guilty of a Class 2 felony for a second or subsequent violation.
(Source: P.A. 102-889, eff. 5-18-22.)

720 ILCS 5/24-6

    (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
    Sec. 24-6. Confiscation and disposition of weapons.
    (a) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court.
    (b) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Illinois State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner.
    The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes.
    (c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm.
    The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Section.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/24-7

    (720 ILCS 5/24-7)
    Sec. 24-7. Weapons offenses; community service. In addition to any other sentence that may be imposed, a court shall order any person convicted of a violation of this Article 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 Article, the supervision shall be conditioned upon the performance of the community service.
    This Section does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)

720 ILCS 5/24-8

    (720 ILCS 5/24-8)
    Sec. 24-8. Firearm evidence.
    (a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm. Upon recovering a firearm that was used in the commission of any offense classified as a felony or upon recovering a firearm that appears to have been lost, mislaid, stolen, or otherwise unclaimed, a law enforcement agency shall use the best available information, including a firearms trace, to determine prior ownership of the firearm.
    (b) Law enforcement shall, when appropriate, use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms and the National Crime Information Center of the Federal Bureau of Investigation in complying with subsection (a) of this Section.
    (c) Law enforcement agencies shall use the Illinois State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all stolen, seized, or recovered firearms as prescribed by LEADS regulations and policies.
    (d) Whenever a law enforcement agency recovers a fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime, the law enforcement agency shall submit the evidence to the National Integrated Ballistics Information Network (NIBIN) or an Illinois State Police laboratory for NIBIN processing. Whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the NIBIN that was: (i) unlawfully possessed, (ii) used for any unlawful purpose, (iii) recovered from the scene of a crime, (iv) is reasonably believed to have been used or associated with the commission of a crime, or (v) is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing. When practicable, all NIBIN-suitable evidence and NIBIN-suitable test fires from recovered firearms shall be entered into the NIBIN within 2 business days of submission to Illinois State Police laboratories that have NIBIN access or another NIBIN site. Exceptions to this may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement. Illinois State Police laboratories that do not have NIBIN access shall submit NIBIN-suitable evidence and test fires to an Illinois State Police laboratory with NIBIN access. Upon receipt at the laboratory with NIBIN access, when practicable, the evidence and test fires shall be entered into the NIBIN within 2 business days. Exceptions to this 2 business-day requirement may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement. Nothing in this Section shall be interpreted to conflict with standards and policies for NIBIN sites as promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives or successor agencies.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

720 ILCS 5/24-9

    (720 ILCS 5/24-9)
    Sec. 24-9. Firearms; Child Protection.
    (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
        (1) secured by a device or mechanism, other than the
    
firearm safety, designed to render a firearm temporarily inoperable; or
        (2) placed in a securely locked box or container; or
        (3) placed in some other location that a reasonable
    
person would believe to be secure from a minor under the age of 14 years.
    (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
    (c) Subsection (a) does not apply:
        (1) if the minor under 14 years of age gains access
    
to a firearm and uses it in a lawful act of self-defense or defense of another; or
        (2) to any firearm obtained by a minor under the age
    
of 14 because of an unlawful entry of the premises by the minor or another person.
    (d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)

720 ILCS 5/24-9.5

    (720 ILCS 5/24-9.5)
    Sec. 24-9.5. Handgun safety devices.
    (a) It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. This includes but is not limited to:
        (1) An external device that is:
            (i) attached to the handgun with a key or
        
combination lock; and
            (ii) designed to prevent the handgun from being
        
discharged unless the device has been deactivated.
        (2) An integrated mechanical safety, disabling, or
    
locking device that is:
            (i) built into the handgun; and
            (ii) designed to prevent the handgun from being
        
discharged unless the device has been deactivated.
    (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
    (c) For the purposes of this Section, "handgun" has the meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24-3 of this Code.
    (d) This Section does not apply to:
        (1) the purchase, sale, or transportation of a
    
handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:
            (i) personnel of any unit of the federal
        
government;
            (ii) members of the armed forces of the United
        
States or the National Guard;
            (iii) law enforcement personnel of the State or
        
any local law enforcement agency in the State while acting within the scope of their official duties; and
            (iv) an organization that is required by federal
        
law governing its specific business or activity to maintain handguns and applicable ammunition;
        (2) a firearm modified to be permanently inoperative;
        (3) the sale or transfer of a handgun by a federally
    
licensed firearms dealer or manufacturer described in item (1) of this subsection (d);
        (4) the sale or transfer of a handgun by a federally
    
licensed firearms dealer or manufacturer to a lawful customer outside the State; or
        (5) an antique firearm.
(Source: P.A. 94-390, eff. 1-1-06.)

720 ILCS 5/24-10

    (720 ILCS 5/24-10)
    Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93-1048, eff. 11-16-04.)

720 ILCS 5/Art. 24.5

 
    (720 ILCS 5/Art. 24.5 heading)
ARTICLE 24.5. NITROUS OXIDE

720 ILCS 5/24.5-5

    (720 ILCS 5/24.5-5)
    Sec. 24.5-5. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation of this Section is guilty of a Class 4 felony. This Section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.
(Source: P.A. 91-366, eff. 1-1-00.)

720 ILCS 5/24.5-10

    (720 ILCS 5/24.5-10)
    Sec. 24.5-10. Unlawful manufacture or delivery. Any person, firm, corporation, co-partnership, limited liability company, or association that intentionally manufactures, delivers, or possesses with intent to manufacture or deliver nitrous oxide for any purpose prohibited under Section 24.5-5 is guilty of a Class 3 felony.
(Source: P.A. 91-366, eff. 1-1-00.)

720 ILCS 5/Art. 24.6

 
    (720 ILCS 5/Art. 24.6 heading)
ARTICLE 24.6. LASERS AND LASER POINTERS
(Repealed)
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 24.8

 
    (720 ILCS 5/Art. 24.8 heading)
ARTICLE 24.8. AIR RIFLES
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-0.1

    (720 ILCS 5/24.8-0.1)
    Sec. 24.8-0.1. Definitions. As used in this Article:
    "Air rifle" means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
    "Dealer" means any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of "air rifle".
    "Municipalities" include cities, villages, incorporated towns and townships.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-1

    (720 ILCS 5/24.8-1)
    Sec. 24.8-1. Selling, renting, or transferring air rifles to children.
    (a) A dealer commits selling, renting, or transferring air rifles to children when he or she sells, lends, rents, gives or otherwise transfers an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under 13 years of age.
    (b) A person commits selling, renting, or transferring air rifles to children when he or she sells, gives, lends, or otherwise transfers any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between this person and the person under 13 years of age, or where the person stands in loco parentis to the person under 13 years of age.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-2

    (720 ILCS 5/24.8-2)
    Sec. 24.8-2. Carrying or discharging air rifles on public streets.
    (a) A person under 13 years of age commits carrying or discharging air rifles on public streets when he or she carries any air rifle on the public streets, roads, highways or public lands within this State, unless the person under 13 years of age carries the air rifle unloaded.
    (b) A person commits carrying or discharging air rifles on public streets when he or she discharges any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-3

    (720 ILCS 5/24.8-3)
    Sec. 24.8-3. Permissive possession of an air rifle by a person under 13 years of age. Notwithstanding any provision of this Article, it is lawful for any person under 13 years of age to have in his or her possession any air rifle if it is:
        (1) Kept within his or her house of residence or
    
other private enclosure;
        (2) Used by the person and he or she is a duly
    
enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision guidance and instruction of a responsible adult and then only if the air rifle is actually being used in connection with the activities of the club team or society under the supervision of a responsible adult; or
        (3) Used in or on any private grounds or residence
    
under circumstances when the air rifle is fired, discharged or operated in a manner as not to endanger persons or property and then only if it is used in a manner as to prevent the projectile from passing over any grounds or space outside the limits of the grounds or residence.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-4

    (720 ILCS 5/24.8-4)
    Sec. 24.8-4. Permissive sales. The provisions of this Article do not prohibit sales of air rifles:
        (1) By wholesale dealers or jobbers;
        (2) To be shipped out of the State; or
        (3) To be used at a target range operated in
    
accordance with Section 24.8-3 of this Article or by members of the Armed Services of the United States or Veterans' organizations.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/24.8-5

    (720 ILCS 5/24.8-5)
    Sec. 24.8-5. Sentence. A violation of this Article is a petty offense. The Illinois State Police or any sheriff or police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this Article.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/24.8-6

    (720 ILCS 5/24.8-6)
    Sec. 24.8-6. Municipal regulation. The provisions of any ordinance enacted by any municipality which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles as herein defined than are imposed by this Article, are not invalidated nor affected by this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 25

 
    (720 ILCS 5/Art. 25 heading)
ARTICLE 25. MOB ACTION AND RELATED OFFENSES

720 ILCS 5/25-1

    (720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
    Sec. 25-1. Mob action.
    (a) A person commits mob action when he or she engages in any of the following:
        (1) the knowing or reckless use of force or violence
    
disturbing the public peace by 2 or more persons acting together and without authority of law;
        (2) the knowing assembly of 2 or more persons with
    
the intent to commit or facilitate the commission of a felony or misdemeanor; or
        (3) the knowing assembly of 2 or more persons,
    
without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.
    (b) Sentence.
        (1) Mob action in violation of paragraph (1) of
    
subsection (a) is a Class 4 felony.
        (2) Mob action in violation of paragraphs (2) and (3)
    
of subsection (a) is a Class C misdemeanor.
        (3) A participant in a mob action that by violence
    
inflicts injury to the person or property of another commits a Class 4 felony.
        (4) A participant in a mob action who does not
    
withdraw when commanded to do so by a peace officer commits a Class A misdemeanor.
        (5) In addition to any other sentence that may be
    
imposed, a court shall order any person convicted of mob action 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 paragraph does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/25-1.1

    (720 ILCS 5/25-1.1)
    Sec. 25-1.1. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/25-2

    (720 ILCS 5/25-2) (from Ch. 38, par. 25-2)
    Sec. 25-2. (Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/25-4

    (720 ILCS 5/25-4)
    Sec. 25-4. Looting by individuals.
    (a) A person commits looting when he or she knowingly without authority of law or the owner enters any home or dwelling or upon any premises of another, or enters any commercial, mercantile, business, or industrial building, plant, or establishment, in which normal security of property is not present by virtue of a hurricane, fire, or vis major of any kind or by virtue of a riot, mob, or other human agency, and obtains or exerts control over property of the owner.
    (b) Sentence. Looting is a Class 4 felony. In addition to any other penalty imposed, the court shall impose a sentence of at least 100 hours of community service as determined by the court and shall require the defendant to make restitution to the owner of the property looted pursuant to Section 5-5-6 of the Unified Code of Corrections.
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)

720 ILCS 5/25-5

    (720 ILCS 5/25-5) (was 720 ILCS 5/25-1.1)
    Sec. 25-5. Unlawful participation in streetgang related activity.
    (a) A person commits unlawful participation in streetgang related activity when he or she knowingly commits any act in furtherance of streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been:
        (1) sentenced to probation, conditional discharge, or
    
supervision for a criminal offense with a condition of that sentence being to refrain from direct or indirect contact with a streetgang member or members;
        (2) released on bond for any criminal offense with a
    
condition of that bond being to refrain from direct or indirect contact with a streetgang member or members;
        (3) ordered by a judge in any non-criminal proceeding
    
to refrain from direct or indirect contact with a streetgang member or members; or
        (4) released from the Illinois Department of
    
Corrections on a condition of parole or mandatory supervised release that he or she refrain from direct or indirect contact with a streetgang member or members.
    (b) Unlawful participation in streetgang related activity is a Class A misdemeanor.
    (c) (Blank).
(Source: P.A. 100-279, eff. 1-1-18.)

720 ILCS 5/25-6

    (720 ILCS 5/25-6) (was 720 ILCS 5/25-2)
    Sec. 25-6. Removal of chief of police or sheriff for allowing a person in his or her custody to be lynched.
    (a) If a prisoner is taken from the custody of any policeman or chief of police of any municipality and lynched, it shall be prima facie evidence of wrong-doing on the part of that chief of police and he or she shall be suspended. The mayor or chief executive of the municipality shall appoint an acting chief of police until he or she has ascertained whether the suspended chief of police had done all in his or her power to protect the life of the prisoner. If, upon hearing all evidence and argument, the mayor or chief executive finds that the chief of police had done his or her utmost to protect the prisoner, he or she may reinstate the chief of police; but, if he or she finds the chief of police guilty of not properly protecting the prisoner, a new chief of police shall be appointed. Any chief of police replaced is not be eligible to serve again in that office.
    (b) If a prisoner is taken from the custody of any sheriff or his or her deputy and lynched, it is prima facie evidence of wrong-doing on the part of that sheriff and he or she shall be suspended. The Governor shall appoint an acting sheriff until he or she has ascertained whether the suspended sheriff had done all in his or her power to protect the life of the prisoner. If, upon hearing all evidence and argument, the Governor finds that the sheriff had done his or her utmost to protect the prisoner, he or she shall reinstate the sheriff; but, if he or she finds the sheriff guilty of not properly protecting the prisoner, a new sheriff shall be duly elected or appointed, pursuant to the existing law provided for the filling of vacancies in that office. Any sheriff replaced is not eligible to serve again in that office.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 26

 
    (720 ILCS 5/Art. 26 heading)
ARTICLE 26. DISORDERLY CONDUCT

720 ILCS 5/26-1

    (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
    Sec. 26-1. Disorderly conduct.
    (a) A person commits disorderly conduct when he or she knowingly:
        (1) Does any act in such unreasonable manner as to
    
alarm or disturb another and to provoke a breach of the peace;
        (2) Transmits or causes to be transmitted in any
    
manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
        (3) Transmits or causes to be transmitted in any
    
manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
        (3.5) Transmits or causes to be transmitted in any
    
manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
        (4) Transmits or causes to be transmitted in any
    
manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
        (5) Transmits or causes to be transmitted in any
    
manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public;
        (6) Calls or texts the number "911" or transmits or
    
causes to be transmitted in any manner to a public safety agency or public safety answering point for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call, text, or transmission is made, the person knows there is no reasonable ground for making the call, text, or transmission and further knows that the call, text, or transmission could result in the emergency response of any public safety agency;
        (7) Transmits or causes to be transmitted in any
    
manner a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act;
        (8) Transmits or causes to be transmitted in any
    
manner a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
        (9) Transmits or causes to be transmitted in any
    
manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
        (10) Transmits or causes to be transmitted in any
    
manner a false report under Article II of Public Act 83-1432;
        (11) Enters upon the property of another and for a
    
lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
        (12) While acting as a collection agency as defined
    
in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
    (b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.
    A violation of subsection (a)(12) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7) or (a)(5) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(11) of this Section is a Class 4 felony.
    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
    This subsection does not apply when the court imposes a sentence of incarceration.
    (d) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school that requires an emergency response to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the response. If the court determines that the person convicted of disorderly conduct that requires an emergency response to a school is indigent, the provisions of this subsection (d) do not apply.
    (e) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply.
    (f) For the purposes of this Section, "emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 103-366, eff. 1-1-24.)

720 ILCS 5/26-1.1

    (720 ILCS 5/26-1.1)
    Sec. 26-1.1. False report of theft and other losses.
    (a) A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty of a Class A misdemeanor.
    (b) A person convicted of a violation of this Section a second or subsequent time is guilty of a Class 4 felony.
(Source: P.A. 97-597, eff. 1-1-12.)

720 ILCS 5/26-2

    (720 ILCS 5/26-2) (from Ch. 38, par. 26-2)
    Sec. 26-2. Interference with emergency communication.
    (a) A person commits interference with emergency communication when he or she knowingly, intentionally and without lawful justification interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a citizens band radio channel, the purpose of which communication is to inform or inquire about an emergency.
    (b) For the purpose of this Section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.
    (c) Sentence.
        (1) Interference with emergency communication is a
    
Class B misdemeanor, except as otherwise provided in paragraph (2).
        (2) Interference with emergency communication, where
    
serious bodily injury or property loss in excess of $1,000 results, is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-3

    (720 ILCS 5/26-3) (from Ch. 38, par. 26-3)
    Sec. 26-3. Use of a facsimile machine in unsolicited advertising or fund-raising.
    (a) Definitions:
        (1) "Facsimile machine" means a device which is
    
capable of sending or receiving facsimiles of documents through connection with a telecommunications network.
        (2) "Person" means an individual, public or private
    
corporation, unit of government, partnership or unincorporated association.
    (b) A person commits use of a facsimile machine in unsolicited advertising or fund-raising when he or she knowingly uses a facsimile machine to send or cause to be sent to another person a facsimile of a document containing unsolicited advertising or fund-raising material, except to a person which the sender knows or under all of the circumstances reasonably believes has given the sender permission, either on a case by case or continuing basis, for the sending of the material.
    (c) Sentence. Any person who violates subsection (b) is guilty of a petty offense and shall be fined an amount not to exceed $500.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-4

    (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
    Sec. 26-4. Unauthorized video recording and live video transmission.
    (a) It is unlawful for any person to knowingly make a video record or transmit live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.
    (a-5) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent.
    (a-6) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person's residence without that person's consent when the recording or transmission is made outside that person's residence by use of an audio or video device that records or transmits from a remote location.
    (a-10) It is unlawful for any person to knowingly make a video record or transmit live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent. For the purposes of this subsection (a-10), "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.
    (a-15) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmit live video of another person without that person's consent.
    (a-20) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video with the intent to make a video record or transmit live video of another person in that other person's residence without that person's consent.
    (a-25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), or (a-20).
    (b) Exemptions. The following activities shall be exempt from the provisions of this Section:
        (1) The making of a video record or transmission of
    
live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
        (2) The making of a video record or transmission of
    
live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections; and
        (3) The making of a video record or transmission of
    
live video in a locker room by a reporter or news medium, as those terms are defined in Section 8-902 of the Code of Civil Procedure, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews.
    (c) The provisions of this Section do not apply to any sound recording or transmission of an oral conversation made as the result of the making of a video record or transmission of live video, and to which Article 14 of this Code applies.
    (d) Sentence.
        (1) A violation of subsection (a-15) or (a-20) is a
    
Class A misdemeanor.
        (2) A violation of subsection (a), (a-5), (a-6), or
    
(a-10) is a Class 4 felony.
        (3) A violation of subsection (a-25) is a Class 3
    
felony.
        (4) A violation of subsection (a), (a-5), (a-6),
    
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
        (5) A violation of subsection (a-25) is a Class 2
    
felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
    (e) For purposes of this Section:
        (1) "Residence" includes a rental dwelling, but does
    
not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.
        (2) "Video record" means and includes any
    
videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and "live video" means and includes any real-time or contemporaneous electronic or digital transmission of a still or moving visual image.
(Source: P.A. 102-567, eff. 1-1-22.)

720 ILCS 5/26-4.5

    (720 ILCS 5/26-4.5)
    Sec. 26-4.5. Consumer communications privacy.
    (a) For purposes of this Section, "communications company" means any person or organization which owns, controls, operates or manages any company which provides information or entertainment electronically to a household, including but not limited to a cable or community antenna television system.
    (b) It shall be unlawful for a communications company to:
        (1) install and use any equipment which would allow a
    
communications company to visually observe or listen to what is occurring in an individual subscriber's household without the knowledge or permission of the subscriber;
        (2) provide any person or public or private
    
organization with a list containing the name of a subscriber, unless the communications company gives notice thereof to the subscriber;
        (3) disclose the television viewing habits of any
    
individual subscriber without the subscriber's consent; or
        (4) install or maintain a home-protection scanning
    
device in a dwelling as part of a communication service without the express written consent of the occupant.
    (c) Sentence. A violation of this Section is a business offense, punishable by a fine not to exceed $10,000 for each violation.
    (d) Civil liability. Any person who has been injured by a violation of this Section may commence an action in the circuit court for damages against any communications company which has committed a violation. If the court awards damages, the plaintiff shall be awarded costs.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-5

    (720 ILCS 5/26-5)
    (This Section was renumbered as Section 48-1 by P.A. 97-1108.)
    Sec. 26-5. (Renumbered).
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11. Renumbered by P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26-6

    (720 ILCS 5/26-6)
    Sec. 26-6. Disorderly conduct at a funeral or memorial service.
    (a) The General Assembly finds and declares that due to the unique nature of funeral and memorial services and the heightened opportunity for extreme emotional distress on such occasions, the purpose of this Section is to protect the privacy and ability to mourn of grieving families directly before, during, and after a funeral or memorial service.
    (b) For purposes of this Section:
        (1) "Funeral" means the ceremonies, rituals,
    
processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person.
        (2) "Funeral site" means a church, synagogue, mosque,
    
funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted or is scheduled to be conducted within the next 30 minutes or has been conducted within the last 30 minutes.
    (c) A person commits the offense of disorderly conduct at a funeral or memorial service when he or she:
        (1) engages, with knowledge of the existence of a
    
funeral site, in any loud singing, playing of music, chanting, whistling, yelling, or noisemaking with, or without, noise amplification including, but not limited to, bullhorns, auto horns, and microphones within 300 feet of any ingress or egress of that funeral site, where the volume of such singing, music, chanting, whistling, yelling, or noisemaking is likely to be audible at and disturbing to the funeral site;
        (2) displays, with knowledge of the existence of a
    
funeral site and within 300 feet of any ingress or egress of that funeral site, any visual images that convey fighting words or actual or veiled threats against any other person; or
        (3) with knowledge of the existence of a funeral
    
site, knowingly obstructs, hinders, impedes, or blocks another person's entry to or exit from that funeral site or a facility containing that funeral site, except that the owner or occupant of property may take lawful actions to exclude others from that property.
    (d) Disorderly conduct at a funeral or memorial service is a Class C misdemeanor. A second or subsequent violation is a Class 4 felony.
    (e) If any clause, sentence, section, provision, or part of this Section or the application thereof to any person or circumstance is adjudged to be unconstitutional, the remainder of this Section or its application to persons or circumstances other than those to which it is held invalid, is not affected thereby.
(Source: P.A. 97-359, eff. 8-15-11.)

720 ILCS 5/26-7

    (720 ILCS 5/26-7)
    Sec. 26-7. Disorderly conduct with a laser or laser pointer.
    (a) Definitions. For the purposes of this Section:
        "Aircraft" means any contrivance now known or
    
hereafter invented, used, or designed for navigation of or flight in the air, but excluding parachutes.
        "Laser" means both of the following:
            (1) any device that utilizes the natural
        
oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
            (2) any device designed or used to amplify
        
electromagnetic radiation by simulated emission that is visible to the human eye.
        "Laser pointer" means a hand-held device that emits
    
light amplified by the stimulated emission of radiation that is visible to the human eye.
        "Laser sight" means a laser pointer that can be
    
attached to a firearm and can be used to improve the accuracy of the firearm.
    (b) A person commits disorderly conduct with a laser or laser pointer when he or she intentionally or knowingly:
        (1) aims an operating laser pointer at a person he or
    
she knows or reasonably should know to be a peace officer; or
        (2) aims and discharges a laser or other device that
    
creates visible light into the cockpit of an aircraft that is in the process of taking off, landing, or is in flight.
    (c) Paragraph (2) of subsection (b) does not apply to the following individuals who aim and discharge a laser or other device at an aircraft:
        (1) an authorized individual in the conduct of
    
research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct this research and development or flight test operations; or
        (2) members or elements of the Department of Defense
    
or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
    (d) Sentence. Disorderly conduct with a laser or laser pointer is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/Art. 26.5

 
    (720 ILCS 5/Art. 26.5 heading)
ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-0.1

    (720 ILCS 5/26.5-0.1)
    Sec. 26.5-0.1. Definitions. As used in this Article:
    "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. "Electronic communication" includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.
    "Family or household member" includes 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 share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. 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.
    "Harass" or "harassing" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-1

    (720 ILCS 5/26.5-1)
    Sec. 26.5-1. Transmission of obscene messages.
    (a) A person commits transmission of obscene messages when he or she sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or wires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois.
    (b) The trier of fact may infer intent to offend from the use of language or terms which are obscene, lewd or immoral.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-2

    (720 ILCS 5/26.5-2)
    Sec. 26.5-2. Harassment by telephone.
    (a) A person commits harassment by telephone when he or she uses telephone communication for any of the following purposes:
        (1) Making any comment, request, suggestion or
    
proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend;
        (2) Making a telephone call, whether or not
    
conversation ensues, with intent to abuse, threaten or harass any person at the called number;
        (3) Making or causing the telephone of another
    
repeatedly to ring, with intent to harass any person at the called number;
        (4) Making repeated telephone calls, during which
    
conversation ensues, solely to harass any person at the called number;
        (5) Making a telephone call or knowingly inducing a
    
person to make a telephone call for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; or
        (6) Knowingly permitting any telephone under one's
    
control to be used for any of the purposes mentioned herein.
    (b) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. The notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING". All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-3

    (720 ILCS 5/26.5-3)
    Sec. 26.5-3. Harassment through electronic communications.
    (a) A person commits harassment through electronic communications when he or she uses electronic communication for any of the following purposes:
        (1) Making any comment, request, suggestion or
    
proposal which is obscene with an intent to offend;
        (2) Interrupting, with the intent to harass, the
    
telephone service or the electronic communication service of any person;
        (3) Transmitting to any person, with the intent to
    
harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
        (4) Transmitting an electronic communication or
    
knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
        (5) Threatening injury to the person or to the
    
property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
        (6) Knowingly permitting any electronic
    
communications device to be used for any of the purposes mentioned in this subsection (a).
    (b) 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. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-4

    (720 ILCS 5/26.5-4)
    Sec. 26.5-4. Evidence inference. Evidence that a defendant made additional telephone calls or engaged in additional electronic communications after having been requested by a named complainant or by a family or household member of the complainant to stop may be considered as evidence of an intent to harass unless disproved by evidence to the contrary.
(Source: P.A. 97-1108, eff. 1-1-13.)

720 ILCS 5/26.5-5

    (720 ILCS 5/26.5-5)
    Sec. 26.5-5. Sentence.
    (a) Except as provided in subsection (b), a person who violates any of the provisions of Section 26.5-1, 26.5-2, or 26.5-3 of this Article is guilty of a Class B misdemeanor. Except as provided in subsection (b), a second or subsequent violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article is a Class A misdemeanor, for which the court shall impose a minimum of 14 days in jail or, if public or community service is established in the county in which the offender was convicted, 240 hours of public or community service.
    (b) In any of the following circumstances, a person who violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article shall be guilty of a Class 4 felony:
        (1) The person has 3 or more prior violations in the
    
last 10 years of harassment by telephone, harassment through electronic communications, or any similar offense of any other state;
        (2) The person has previously violated the harassment
    
by telephone provisions, or the harassment through electronic communications provisions, or committed any similar offense in any other state with the same victim or a member of the victim's family or household;
        (3) At the time of the offense, the offender was
    
under conditions of pretrial release, probation, conditional discharge, mandatory supervised release or was the subject of an order of protection, in this or any other state, prohibiting contact with the victim or any member of the victim's family or household;
        (4) In the course of the offense, the offender
    
threatened to kill the victim or any member of the victim's family or household;
        (5) The person has been convicted in the last 10
    
years of a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
        (6) The person violates paragraph (5) of Section
    
26.5-2 or paragraph (4) of Section 26.5-3; or
        (7) The person was at least 18 years of age at the
    
time of the commission of the offense and the victim was under 18 years of age at the time of the commission of the offense.
    (c) The court may order any person convicted under this Article to submit to a psychiatric examination.
(Source: P.A. 101-652, eff. 1-1-23.)

720 ILCS 5/Art. 28

 
    (720 ILCS 5/Art. 28 heading)
ARTICLE 28. GAMBLING AND RELATED OFFENSES

720 ILCS 5/28-1

    (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
    Sec. 28-1. Gambling.
    (a) A person commits gambling when he or she:
        (1) knowingly plays a game of chance or skill for
    
money or other thing of value, unless excepted in subsection (b) of this Section;
        (2) knowingly makes a wager upon the result of any
    
game, contest, or any political nomination, appointment or election;
        (3) knowingly operates, keeps, owns, uses, purchases,
    
exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
        (4) contracts to have or give himself or herself or
    
another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
        (5) knowingly owns or possesses any book, instrument
    
or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
        (6) knowingly sells pools upon the result of any game
    
or contest of skill or chance, political nomination, appointment or election;
        (7) knowingly sets up or promotes any lottery or
    
sells, offers to sell or transfers any ticket or share for any lottery;
        (8) knowingly sets up or promotes any policy game or
    
sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
        (9) knowingly drafts, prints or publishes any lottery
    
ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
        (10) knowingly advertises any lottery or policy game,
    
except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
        (11) knowingly transmits information as to wagers,
    
betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
        (12) knowingly establishes, maintains, or operates an
    
Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
    (b) Participants in any of the following activities shall not be convicted of gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
        (3) Pari-mutuel betting as authorized by the law of
    
this State.
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
        (5) The game commonly known as "bingo", when
    
conducted in accordance with the Bingo License and Tax Act.
        (6) Lotteries when conducted by the State of Illinois
    
in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
        (6.1) The purchase of lottery tickets through the
    
Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
        (7) Possession of an antique slot machine that is
    
neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
        (8) Raffles and poker runs when conducted in
    
accordance with the Raffles and Poker Runs Act.
        (8.1) The purchase of raffle chances for a raffle
    
conducted in accordance with the Raffles and Poker Runs Act.
        (9) Charitable games when conducted in accordance
    
with the Charitable Games Act.
        (10) Pull tabs and jar games when conducted under the
    
Illinois Pull Tabs and Jar Games Act.
        (11) Gambling games when authorized by the Illinois
    
Gambling Act.
        (12) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
        (13) Games of skill or chance where money or other
    
things of value can be won but no payment or purchase is required to participate.
        (14) Savings promotion raffles authorized under
    
Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
        (15) Sports wagering when conducted in accordance
    
with the Sports Wagering Act.
    (c) Sentence.
    Gambling is a Class A misdemeanor. A second or subsequent conviction under subsections (a)(3) through (a)(12), is a Class 4 felony.
    (d) Circumstantial evidence.
    In prosecutions under this Section circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

720 ILCS 5/28-1.1

    (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
    Sec. 28-1.1. Syndicated gambling.
    (a) Declaration of Purpose. Recognizing the close relationship between professional gambling and other organized crime, it is declared to be the policy of the legislature to restrain persons from engaging in the business of gambling for profit in this State. This Section shall be liberally construed and administered with a view to carrying out this policy.
    (b) A person commits syndicated gambling when he or she operates a "policy game" or engages in the business of bookmaking.
    (c) A person "operates a policy game" when he or she knowingly uses any premises or property for the purpose of receiving or knowingly does receive from what is commonly called "policy":
        (1) money from a person other than the bettor or
    
player whose bets or plays are represented by the money; or
        (2) written "policy game" records, made or used over
    
any period of time, from a person other than the bettor or player whose bets or plays are represented by the written record.
    (d) A person engages in bookmaking when he or she knowingly receives or accepts more than five bets or wagers upon the result of any trials or contests of skill, speed or power of endurance or upon any lot, chance, casualty, unknown or contingent event whatsoever, which bets or wagers shall be of such size that the total of the amounts of money paid or promised to be paid to the bookmaker on account thereof shall exceed $2,000. Bookmaking is the receiving or accepting of bets or wagers regardless of the form or manner in which the bookmaker records them.
    (e) Participants in any of the following activities shall not be convicted of syndicated gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in the contest;
        (3) Pari-mutuel betting as authorized by law of this
    
State;
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when the transportation is not prohibited by any applicable Federal law;
        (5) Raffles and poker runs when conducted in
    
accordance with the Raffles and Poker Runs Act;
        (6) Gambling games conducted on riverboats, in
    
casinos, or at organization gaming facilities when authorized by the Illinois Gambling Act;
        (7) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act; and
        (8) Savings promotion raffles authorized under
    
Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
    (f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 101-31, eff. 6-28-19.)

720 ILCS 5/28-2

    (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
    Sec. 28-2. Definitions.
    (a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won, or lost; or any mechanism, furniture, fixture, equipment, or other device designed primarily for use in a gambling place. A "gambling device" does not include:
        (1) A coin-in-the-slot operated mechanical device
    
played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
        (2) Vending machines by which full and adequate
    
return is made for the money invested and in which there is no element of chance or hazard.
        (3) A crane game. For the purposes of this paragraph
    
(3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties, and prizes other than currency, each having a wholesale value which is not more than $25.
        (4) A redemption machine. For the purposes of this
    
paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
            (A) The outcome of the game is predominantly
        
determined by the skill of the player.
            (B) The award of the prize is based solely upon
        
the player's achieving the object of the game or otherwise upon the player's score.
            (C) Only merchandise prizes are awarded.
            (D) The wholesale value of prizes awarded in lieu
        
of tickets or tokens for single play of the device does not exceed $25.
            (E) The redemption value of tickets, tokens, and
        
other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
        (5) Video gaming terminals at a licensed
    
establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
    (a-5) "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
    (a-6) "Access" has the meaning ascribed to the term in Section 17-55.
    (a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.
    (b) A "lottery" is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
    (c) A "policy game" is any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token, or other device that any particular number, character, ticket, or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)

720 ILCS 5/28-3

    (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
    Sec. 28-3. Keeping a gambling place. A "gambling place" is any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Illinois Gambling Act, the Sports Wagering Act, or the Video Gaming Act. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:
        (a) Such premises is a public nuisance and may be
    
proceeded against as such, and
        (b) All licenses, permits or certificates issued by
    
the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and
        (c) Such premises of any person who knowingly permits
    
thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-558, eff. 8-20-21.)

720 ILCS 5/28-4

    (720 ILCS 5/28-4) (from Ch. 38, par. 28-4)
    Sec. 28-4. Registration of Federal Gambling Stamps.
    (a) Every person who has purchased a Federal Wagering Occupational Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, or a Federal Gaming Device Tax Stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, shall register forthwith such stamp or stamps with the county clerk's office in which he resides and the county clerk's office of each and every county in which he conducts any business. A violation of this Section is a Class B misdemeanor. A subsequent violation is a Class A misdemeanor.
    (b) To register a stamp as required by this Section, each individual stamp purchaser and each member of a firm or association which is a stamp purchaser and, if such purchaser is corporate, the registered agent of the purchasing corporation shall deliver the stamp to the county clerk for inspection and shall under oath or affirmation complete and sign a registration form which shall state the full name and residence and business address of each purchaser and of each member of a purchasing firm or association and of each person employed or engaged in gambling on behalf of such purchaser, shall state the registered agent and registered address of a corporate purchaser, shall state each place where gambling is to be performed by or on behalf of the purchaser, and shall state the duration of validity of the stamp and the federal registration number and tax return number thereof. Any false statement in the registration form is material and is evidence of perjury.
    (c) Within 3 days after such registration the county clerk shall by registered mail forward notice of such registration and a duplicate copy of each registration form to the Attorney General of this State, to the Chairman of the Illinois Liquor Control Commission, to the State's Attorney and Sheriff of each county wherein the stamp is registered, and to the principal official of the department of police of each city, village and incorporated town in this State wherein the stamp is registered or wherein the registrant maintains a business address.
(Source: P.A. 77-2638.)

720 ILCS 5/28-5

    (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
    Sec. 28-5. Seizure of gambling devices and gambling funds.
    (a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a "gambling device", and shall be subject to seizure, confiscation and destruction by the Illinois State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found. As used in this Section, a "gambling device" includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.
    (b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.
    (c) If, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure. Such hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture. Every such person may appear as a party and present evidence at such hearing. The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered: a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred; money and other things of value shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred. However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28-1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine. Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.
    (d) If a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the forfeiture and destruction of a gambling device, or for the forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate civil proceedings in the manner provided by law.
    (e) Any gambling device displayed for sale to a riverboat gambling operation, casino gambling operation, or organization gaming facility or used to train occupational licensees of a riverboat gambling operation, casino gambling operation, or organization gaming facility as authorized under the Illinois Gambling Act is exempt from seizure under this Section.
    (f) Any gambling equipment, devices, and supplies provided by a licensed supplier in accordance with the Illinois Gambling Act which are removed from a riverboat, casino, or organization gaming facility for repair are exempt from seizure under this Section.
    (g) The following video gaming terminals are exempt from seizure under this Section:
        (1) Video gaming terminals for sale to a licensed
    
distributor or operator under the Video Gaming Act.
        (2) Video gaming terminals used to train licensed
    
technicians or licensed terminal handlers.
        (3) Video gaming terminals that are removed from a
    
licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.
    (h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
    (i) Any sports lottery terminals provided by a central system provider that are removed from a lottery retailer for repair under the Sports Wagering Act are exempt from seizure under this Section.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)

720 ILCS 5/28-7

    (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
    Sec. 28-7. Gambling contracts void.
    (a) All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into, or executed by any person whatsoever, where the whole or any part of the consideration thereof is for any money or thing of value, won or obtained in violation of any Section of this Article are null and void.
    (b) Any obligation void under this Section may be set aside and vacated by any court of competent jurisdiction, upon a complaint filed for that purpose, by the person so granting, giving, entering into, or executing the same, or by his executors or administrators, or by any creditor, heir, legatee, purchaser or other person interested therein; or if a judgment, the same may be set aside on motion of any person stated above, on due notice thereof given.
    (c) No assignment of any obligation void under this Section may in any manner affect the defense of the person giving, granting, drawing, entering into or executing such obligation, or the remedies of any person interested therein.
    (d) This Section shall not prevent a licensed owner of a riverboat gambling operation, a casino gambling operation, or an organization gaming licensee under the Illinois Gambling Act and the Illinois Horse Racing Act of 1975 from instituting a cause of action to collect any amount due and owing under an extension of credit to a gambling patron as authorized under Section 11.1 of the Illinois Gambling Act.
(Source: P.A. 101-31, eff. 6-28-19.)

720 ILCS 5/28-8

    (720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
    Sec. 28-8. Gambling losses recoverable.
    (a) Any person who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either in his own name or in the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity or stock exchange, shall, under any circumstances, be deemed a "winner" of any moneys lost by such other person in or through any such transactions.
    (b) If within 6 months, such person who under the terms of Subsection 28-8(a) is entitled to initiate action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The court or the jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined.
    (c) Gambling losses as a result of gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this Section.
(Source: P.A. 98-31, eff. 6-24-13.)

720 ILCS 5/28-9

    (720 ILCS 5/28-9) (from Ch. 38, par. 28-9)
    Sec. 28-9. At the option of the prosecuting attorney any prosecution under this Article may be commenced by an information as defined in Section 102-12 of the Code of Criminal Procedure of 1963.
(Source: P.A. 76-1131.)

720 ILCS 5/Art. 29

 
    (720 ILCS 5/Art. 29 heading)
ARTICLE 29. BRIBERY IN CONTESTS

720 ILCS 5/29-1

    (720 ILCS 5/29-1) (from Ch. 38, par. 29-1)
    Sec. 29-1. Offering a bribe.
    (a) Any person who, with intent to influence any person participating in, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition, gives, offers or promises any money, bribe or other thing of value or advantage to induce such participant, official or other person not to use his best efforts in connection with such contest, event or exhibition commits a Class 4 felony.
    (b) Any person who, with the intent to influence the decision of any individual, offers or promises any money, bribe or other thing of value or advantage to induce such individual to attend, refrain from attending or continue to attend a particular public or private institution of secondary education or higher education for the purpose of participating or not participating in interscholastic athletic competition for such institution commits a Class A misdemeanor. This Section does not apply to the: (1) offering or awarding to an individual any type of scholarship, grant or other bona fide financial aid or employment; (2) offering of any type of financial assistance by such individual's family; or (3) offering of any item of de minimis value by such institution's authorities if such item is of the nature of an item that is commonly provided to any or all students or prospective students.
    (c) Any person who gives any money, goods or other thing of value to an individual enrolled in an institution of higher education who participates in interscholastic competition and represents or attempts to represent such individual in future negotiations for employment with any professional sports team commits a Class A misdemeanor.
(Source: P.A. 85-665.)

720 ILCS 5/29-2

    (720 ILCS 5/29-2) (from Ch. 38, par. 29-2)
    Sec. 29-2. Accepting a bribe.
    Any person participating in, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition who accepts or agrees to accept any money, bribe or other thing of value or advantage with the intent, understanding or agreement that he will not use his best efforts in connection with such contest, event or exhibition commits a Class 4 felony.
(Source: P.A. 77-2638.)

720 ILCS 5/29-3

    (720 ILCS 5/29-3) (from Ch. 38, par. 29-3)
    Sec. 29-3. Failure to report offer of bribe.
    Any person participating, officiating or connected with any professional or amateur athletic contest, sporting event or exhibition who fails to report forthwith to his employer, the promoter of such contest, event or exhibition, a peace officer, or the local State's Attorney any offer or promise made to him in violation of Section 29-1 commits a Class A misdemeanor.
(Source: P.A. 77-2638.)

720 ILCS 5/Art. 29A

 
    (720 ILCS 5/Art. 29A heading)
ARTICLE 29A. COMMERCIAL BRIBERY

720 ILCS 5/29A-1

    (720 ILCS 5/29A-1) (from Ch. 38, par. 29A-1)
    Sec. 29A-1. A person commits commercial bribery when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.
(Source: P.A. 76-1129.)

720 ILCS 5/29A-2

    (720 ILCS 5/29A-2) (from Ch. 38, par. 29A-2)
    Sec. 29A-2. An employee, agent or fiduciary commits commercial bribe receiving when, without consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.
(Source: P.A. 76-1129.)

720 ILCS 5/29A-3

    (720 ILCS 5/29A-3) (from Ch. 38, par. 29A-3)
    Sec. 29A-3. Sentence.
    (a) If the benefit offered, conferred, or agreed to be conferred, solicited, accepted or agreed to be accepted is less than $500,000, commercial bribery or commercial bribe receiving is a Class A misdemeanor and the sentence shall include, but not be limited to, a fine not to exceed $5,000.
    (b) If the benefit offered, conferred, or agreed to be conferred, solicited, accepted, or agreed to be accepted in violation of this Article is $500,000 or more, the offender is guilty of a Class 3 felony.
(Source: P.A. 93-496, eff. 1-1-04.)

720 ILCS 5/29A-4

    (720 ILCS 5/29A-4)
    Sec. 29A-4. Corporate Crime Fund.
    (a) In addition to any fines, penalties, and assessments otherwise authorized under this Code, any person convicted of a violation of this Article or Section 17-26 or 17-27 of this Code shall be assessed a penalty of not more than 3 times the value of all property involved in the criminal activity.
    (b) The penalties assessed under subsection (a) shall be deposited into the Corporate Crime Fund, a special fund hereby created in the State treasury. Moneys in the Fund shall be used to make restitution to a person who has suffered property loss as a result of violations of this Article. The court may determine the reasonable amount, terms, and conditions of the restitution. In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant.
(Source: P.A. 93-496, eff. 1-1-04.)

720 ILCS 5/Art. 29B

 
    (720 ILCS 5/Art. 29B heading)
ARTICLE 29B. MONEY LAUNDERING

720 ILCS 5/29B-0.5

    (720 ILCS 5/29B-0.5)
    Sec. 29B-0.5. Definitions. In this Article:
    "Conduct" or "conducts" includes, in addition to its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction.
    "Criminally derived property" means: (1) any property, real or personal, constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law; or (2) any property represented to be property constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law.
    "Director" means the Director of the Illinois State Police or his or her designated agents.
    "Financial institution" means any bank; savings and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union; mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer, or cashier of travelers checks, checks, or money orders; dealer in precious metals, stones, or jewels; broker or dealer in securities or commodities; investment banker; or investment company.
    "Financial transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition utilizing criminally derived property, and with respect to financial institutions, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a financial institution. "Financial transaction" also means a transaction which without regard to whether the funds, monetary instruments, or real or personal property involved in the transaction are criminally derived, any transaction which in any way or degree: (1) involves the movement of funds by wire or any other means; (2) involves one or more monetary instruments; or (3) the transfer of title to any real or personal property. The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Article.
    "Form 4-64" means the Illinois State Police Notice/Inventory of Seized Property (Form 4-64).
    "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law.
    "Monetary instrument" means United States coins and currency; coins and currency of a foreign country; travelers checks; personal checks, bank checks, and money orders; investment securities; bearer negotiable instruments; bearer investment securities; or bearer securities and certificates of stock in a form that title passes upon delivery.
    "Specified criminal activity" means any violation of Section 29D-15.1 and any violation of Article 29D of this Code.
    "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/29B-1

    (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
    Sec. 29B-1. Money laundering.
    (a) A person commits the offense of money laundering:
        (1) when, knowing that the property involved in a
    
financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct the financial transaction which in fact involves criminally derived property:
            (A) with the intent to promote the carrying on
        
of the unlawful activity from which the criminally derived property was obtained; or
            (B) where he or she knows or reasonably should
        
know that the financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            
location, the source, the ownership or the control of the criminally derived property; or
                (ii) to avoid a transaction reporting
            
requirement under State law; or
        (1.5) when he or she transports, transmits, or
    
transfers, or attempts to transport, transmit, or transfer a monetary instrument:
            (A) with the intent to promote the carrying on of
        
the unlawful activity from which the criminally derived property was obtained; or
            (B) knowing, or having reason to know, that the
        
financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            
location, the source, the ownership or the control of the criminally derived property; or
                (ii) to avoid a transaction reporting
            
requirement under State law; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified
        
criminal activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        
source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined in this Article; or
            (C) avoid a transaction reporting requirement
        
under State law,
    he or she conducts or attempts to conduct a financial
    
transaction involving property he or she believes to be the proceeds of specified criminal activity or property used to conduct or facilitate specified criminal activity as defined in this Article.
    (b) (Blank).
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    
value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    
value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;
        (3) Laundering of criminally derived property of a
    
value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;
        (4) Money laundering in violation of subsection
    
(a)(2) of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    
value exceeding $500,000 is a Class 1 non-probationable felony;
        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
    
this Section, the sentences are as follows:
            (A) Laundering of property of a value not
        
exceeding $10,000 is a Class 3 felony;
            (B) Laundering of property of a value exceeding
        
$10,000 but not exceeding $100,000 is a Class 2 felony;
            (C) Laundering of property of a value exceeding
        
$100,000 but not exceeding $500,000 is a Class 1 felony;
            (D) Laundering of property of a value exceeding
        
$500,000 is a Class 1 non-probationable felony.
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)

720 ILCS 5/29B-2

    (720 ILCS 5/29B-2)
    Sec. 29B-2. Evidence in money laundering prosecutions. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity:
        (1) a financial transaction was conducted or
    
structured or attempted in violation of the reporting requirements of any State or federal law;
        (2) a financial transaction was conducted or
    
attempted with the use of a false or fictitious name or a forged instrument;
        (3) a falsely altered or completed written instrument
    
or a written instrument that contains any materially false personal identifying information was made, used, offered, or presented, whether accepted or not, in connection with a financial transaction;
        (4) a financial transaction was structured or
    
attempted to be structured so as to falsely report the actual consideration or value of the transaction;
        (5) a money transmitter, a person engaged in a trade
    
or business, or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record;
        (6) the criminally derived property is transported or
    
possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of the property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to the property;
        (7) a person pays or receives substantially less than
    
face value for one or more monetary instruments; or
        (8) a person engages in a transaction involving one
    
or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

720 ILCS 5/29B-3

    (720 ILCS 5/29B-3)
    Sec. 29B-3. Duty to enforce this Article.
    (a) It is the duty of the Illinois State Police, and its agents, officers, and investigators, to enforce this Article, except those provisions otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, or of any state, relating to money laundering. Only an agent, officer, or investigator designated by the Director may be authorized in accordance with this Section to serve seizure notices, warrants, subpoenas, and summonses under the authority of this State.
    (b) An agent, officer, investigator, or peace officer designated by the Director may: (1) make seizure of property under this Article; and (2) perform other law enforcement duties as the Director designates. It is the duty of all State's Attorneys to prosecute violations of this Article and institute legal proceedings as authorized under this Article.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/29B-4

    (720 ILCS 5/29B-4)
    Sec. 29B-4. Protective orders and warrants for forfeiture purposes.
    (a) Upon application of the State, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in Section 29B-5 of this Article for forfeiture under this Article:
        (1) upon the filing of an indictment, information, or
    
complaint charging a violation of this Article for which forfeiture may be ordered under this Article and alleging that the property with respect to which the order is sought would be subject to forfeiture under this Article; or
        (2) prior to the filing of the indictment,
    
information, or complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that:
            (A) there is probable cause to believe that the
        
State will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and
            (B) the need to preserve the availability of the
        
property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
        Provided, however, that an order entered under
    
paragraph (2) of this Section shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment, information, complaint, or administrative notice has been filed.
    (b) A temporary restraining order under this subsection (b) may be entered upon application of the State without notice or opportunity for a hearing when an indictment, information, complaint, or administrative notice has not yet been filed with respect to the property, if the State demonstrates that there is probable cause to believe that the property with respect to which the order is sought would be subject to forfeiture under this Article and that provision of notice will jeopardize the availability of the property for forfeiture. The temporary order shall expire not more than 30 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this subsection (b) shall be held at the earliest possible time and prior to the expiration of the temporary order.
    (c) The court may receive and consider, at a hearing held under this Section, evidence and information that would be inadmissible under the Illinois rules of evidence.
    (d) Under its authority to enter a pretrial restraining order under this Section, the court may order a defendant to repatriate any property that may be seized and forfeited and to deposit that property pending trial with the Illinois State Police or another law enforcement agency designated by the Illinois State Police. Failure to comply with an order under this Section is punishable as a civil or criminal contempt of court.
    (e) The State may request the issuance of a warrant authorizing the seizure of property described in Section 29B-5 of this Article in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would be subject to forfeiture, the court shall issue a warrant authorizing the seizure of that property.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/29B-5

    (720 ILCS 5/29B-5)
    Sec. 29B-5. Property subject to forfeiture. The following are subject to forfeiture:
        (1) any property, real or personal, constituting,
    
derived from, or traceable to any proceeds the person obtained, directly or indirectly, as a result of a violation of this Article;
        (2) any of the person's property used, or intended to
    
be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this Article;
        (3) all conveyances, including aircraft, vehicles, or
    
vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraphs (1) and (2) of this Section, but:
            (A) no conveyance used by any person as a common
        
carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Article;
            (B) no conveyance is subject to forfeiture under
        
this Article by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;
            (C) a forfeiture of a conveyance encumbered by a
        
bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
        (4) all real property, including any right, title,
    
and interest, including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation of this Article or that is the proceeds of any violation or act that constitutes a violation of this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)