(720 ILCS 5/8-2) (from Ch. 38, par. 8-2) (Text of Section before amendment by P.A. 103-822) Sec. 8-2. Conspiracy. (a) Elements of the offense.
A person commits the offense of conspiracy when, with intent that an offense be
committed, he or she agrees with another to the commission of that offense. No
person may be convicted of conspiracy to commit an offense unless an act in
furtherance of that agreement is alleged and proved to have been committed
by him or her or by a co-conspirator. (b) Co-conspirators. It is not a defense to conspiracy that the person or persons with
whom the accused is alleged to have conspired: (1) have not been prosecuted or convicted, (2) have been convicted of a different offense, (3) are not amenable to justice, (4) have been acquitted, or (5) lacked the capacity to commit an offense. (c) Sentence. (1) Except as otherwise provided in this subsection |
| or Code, a person convicted of conspiracy to commit:
|
|
(A) a Class X felony shall be sentenced for a
|
|
(B) a Class 1 felony shall be sentenced for a
|
|
(C) a Class 2 felony shall be sentenced for a
|
|
(D) a Class 3 felony shall be sentenced for a
|
|
(E) a Class 4 felony shall be sentenced for a
|
|
(F) a misdemeanor may be fined or imprisoned or
|
| both not to exceed the maximum provided for the offense that is the object of the conspiracy.
|
|
(2) A person convicted of conspiracy to commit any of
|
| the following offenses shall be sentenced for a Class X felony:
|
|
(A) aggravated insurance fraud conspiracy when
|
| the person is an organizer of the conspiracy (720 ILCS 5/46-4); or
|
|
(B) aggravated governmental entity insurance
|
| fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4).
|
|
(3) A person convicted of conspiracy to commit any
|
| of the following offenses shall be sentenced for a Class 1 felony:
|
|
(A) first degree murder (720 ILCS 5/9-1); or
(B) aggravated insurance fraud (720 ILCS 5/46-3)
|
| or aggravated governmental insurance fraud (720 ILCS 5/46-3).
|
|
(4) A person convicted of conspiracy to commit
|
| insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 5/46-3) shall be sentenced for a Class 2 felony.
|
|
(5) A person convicted of conspiracy to commit any of
|
| the following offenses shall be sentenced for a Class 3 felony:
|
|
(A) soliciting for a prostitute (720 ILCS
|
|
(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
|
|
(C) keeping a place of prostitution (720 ILCS
|
|
(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
(E) unlawful use of weapons under Section
|
| 24-1(a)(1) (720 ILCS 5/24-1(a)(1));
|
|
(F) unlawful use of weapons under Section
|
| 24-1(a)(7) (720 ILCS 5/24-1(a)(7));
|
|
(G) gambling (720 ILCS 5/28-1);
(H) keeping a gambling place (720 ILCS 5/28-3);
(I) registration of federal gambling stamps
|
| violation (720 ILCS 5/28-4);
|
|
(J) look-alike substances violation (720 ILCS
|
|
(K) miscellaneous controlled substance violation
|
| under Section 406(b) (720 ILCS 570/406(b)); or
|
|
(L) an inchoate offense related to any of the
|
| principal offenses set forth in this item (5).
|
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(Text of Section after amendment by P.A. 103-822)
Sec. 8-2. Conspiracy.
(a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and proved to have been committed by him or her or by a co-conspirator.
(b) Co-conspirators. It is not a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:
(1) have not been prosecuted or convicted,
(2) have been convicted of a different offense,
(3) are not amenable to justice,
(4) have been acquitted, or
(5) lacked the capacity to commit an offense.
(c) Sentence.
(1) Except as otherwise provided in this subsection
|
| or Code, a person convicted of conspiracy to commit:
|
|
(A) a Class X felony shall be sentenced for a
|
|
(B) a Class 1 felony shall be sentenced for a
|
|
(C) a Class 2 felony shall be sentenced for a
|
|
(D) a Class 3 felony shall be sentenced for a
|
|
(E) a Class 4 felony shall be sentenced for a
|
|
(F) a misdemeanor may be fined or imprisoned or
|
| both not to exceed the maximum provided for the offense that is the object of the conspiracy.
|
|
(2) A person convicted of conspiracy to commit any of
|
| the following offenses shall be sentenced for a Class X felony:
|
|
(A) aggravated insurance fraud conspiracy when
|
| the person is an organizer of the conspiracy (720 ILCS 5/46-4); or
|
|
(B) aggravated governmental entity insurance
|
| fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4).
|
|
(3) A person convicted of conspiracy to commit any of
|
| the following offenses shall be sentenced for a Class 1 felony:
|
|
(A) first degree murder (720 ILCS 5/9-1); or
(B) aggravated insurance fraud (720 ILCS 5/46-3)
|
| or aggravated governmental insurance fraud (720 ILCS 5/46-3).
|
|
(4) A person convicted of conspiracy to commit
|
| insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 5/46-3) shall be sentenced for a Class 2 felony.
|
|
(5) A person convicted of conspiracy to commit any of
|
| the following offenses shall be sentenced for a Class 3 felony:
|
|
(A) soliciting for a prostitute (720 ILCS
|
|
(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
|
|
(C) keeping a place of prostitution (720 ILCS
|
|
(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
(E) unlawful possession of weapons under Section
|
| 24-1(a)(1) (720 ILCS 5/24-1(a)(1));
|
|
(F) unlawful possession of weapons under Section
|
| 24-1(a)(7) (720 ILCS 5/24-1(a)(7));
|
|
(G) gambling (720 ILCS 5/28-1);
(H) keeping a gambling place (720 ILCS 5/28-3);
(I) registration of federal gambling stamps
|
| violation (720 ILCS 5/28-4);
|
|
(J) look-alike substances violation (720 ILCS
|
|
(K) miscellaneous controlled substance violation
|
| under Section 406(b) (720 ILCS 570/406(b)); or
|
|
(L) an inchoate offense related to any of the
|
| principal offenses set forth in this item (5).
|
|
(Source: P.A. 103-822, eff. 1-1-25.)
|
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent to commit a specific
offense, he or she does any act that constitutes a substantial step toward the
commission of that offense.
(b) Impossibility.
It is not a defense to a charge of attempt that because of a
misapprehension of the circumstances it would have been impossible for
the accused to commit the offense attempted.
(c) Sentence.
A person convicted of attempt may be fined or imprisoned or both
not to exceed the maximum provided for the offense attempted but, except
for an attempt to commit the offense defined in Section 33A-2 of this Code:
(1) the sentence for attempt to commit first degree |
| murder is the sentence for a Class X felony, except that
|
|
(A) an attempt to commit first degree murder when
|
| at least one of the aggravating factors specified in clauses (iii), (iv), and (v) of subsection (a)(1)(c) of Section 5-8-1 of the Unified Code of Corrections is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;
|
|
(B) an attempt to commit first degree murder
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| while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;
|
|
(C) an attempt to commit first degree murder
|
| during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;
|
|
(D) an attempt to commit first degree murder
|
| during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; and
|
|
(E) if the defendant proves by a preponderance of
|
| the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony;
|
|
(2) the sentence for attempt to commit a Class X
|
| felony is the sentence for a Class 1 felony;
|
|
(3) the sentence for attempt to commit a Class 1
|
| felony is the sentence for a Class 2 felony;
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|
(4) the sentence for attempt to commit a Class 2
|
| felony is the sentence for a Class 3 felony; and
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|
(5) the sentence for attempt to commit any felony
|
| other than those specified in items (1), (2), (3), and (4) of this subsection (c) is the sentence for a Class A misdemeanor.
|
|
(Source: P.A. 103-51, eff. 1-1-24.)
|
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional homicide of an unborn child.
(a) A person
commits the offense of intentional homicide of an unborn child if, in
performing acts which cause the death of an unborn child, he without lawful
justification:
(1) either intended to cause the death of or do great |
| bodily harm to the pregnant individual or unborn child or knew that such acts would cause death or great bodily harm to the pregnant individual or unborn child; or
|
|
(2) knew that his acts created a strong probability
|
| of death or great bodily harm to the pregnant individual or unborn child; and
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|
(3) knew that the individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the death of an
unborn child if those acts were committed during any abortion, as defined
in Section 1-10 of the Reproductive Health Act, to which the
pregnant individual has consented. This Section shall not apply to acts which
were committed pursuant to usual and customary standards of medical
practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child
shall be the same as for first degree murder, except that:
(1) (blank);
(2) if the person committed the offense while armed
|
| with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
|
|
(3) if, during the commission of the offense, the
|
| person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
|
|
(4) if, during the commission of the offense, the
|
| person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
|
|
(e) The provisions of this Act shall not be construed to prohibit the
prosecution of any person under any other provision of law.
(Source: P.A. 103-51, eff. 1-1-24.)
|
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful
justification commits involuntary manslaughter if his acts whether lawful
or unlawful which cause the death are such as are likely to cause death or
great bodily harm to some individual, and he performs them recklessly,
except in cases in which the cause of the death consists of the driving of
a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft,
in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-2) Except as provided in subsection (e-3), in cases involving reckless homicide in which the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years. (e-3) In cases involving reckless homicide in which (i) the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties and (ii) the defendant causes the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 6 years and not more than 28 years.
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in cases involving
reckless homicide in which the defendant: (1)
was
driving in a construction or maintenance zone, as defined in Section 11-605.1
of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years.
(e-8) In cases involving reckless homicide in which the defendant caused the deaths of 2 or more persons as part of a single course of conduct and: (1) was
driving in a construction or maintenance zone, as defined in Section 11-605.1
of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 6 years and not more than 28 years.
(e-9) In cases involving reckless homicide in which the defendant drove a vehicle and used an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne, and caused the deaths of 2 or more persons as
part of a single course of conduct,
the penalty is a Class 2 felony.
(e-10) In cases involving involuntary manslaughter or reckless homicide resulting in the death of a peace officer killed in the performance of his or her duties as a peace officer, the penalty is a Class 2 felony.
(e-11)
In cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone, as defined in Section 11-605 of the Illinois Vehicle Code, while children are present or in a construction or maintenance zone, as defined in Section 11-605.1 of the Illinois Vehicle Code, when construction or maintenance workers are present the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also either driving at a speed of more than 20 miles per hour in excess of the posted speed limit or violating Section 11-501 of the Illinois Vehicle Code.
(e-12) Except as otherwise provided in subsection (e-13), in cases involving
reckless homicide in which the offense was committed as result
of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years. (e-13) In cases involving
reckless homicide in which the offense was committed as result
of a violation of subsection (c) of Section 11-907 of the Illinois Vehicle Code and the defendant caused the deaths of 2 or more persons as
part of a single course of conduct,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 6 years and not more than 28 years.
(e-14)
In cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also violating subsection (c) of Section 11-907 of the Illinois Vehicle Code. The penalty for a reckless homicide in which the driver also violated subsection (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(e-15) In cases involving reckless homicide in which the defendant was operating a vehicle while failing or refusing to comply with subsection (c) of Section 11-907 of the Illinois Vehicle Code resulting in the death of a firefighter or emergency medical services personnel in the performance of his or her official duties, the penalty is a Class 2 felony. (f) In cases involving involuntary manslaughter in which the victim was a
family or household member as defined in paragraph (3) of Section 112A-3 of the
Code of
Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for which a
person if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years.
(Source: P.A. 101-173, eff. 1-1-20.) |
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A person commits the offense of
aggravated kidnaping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the |
| person kidnaped or from any other person;
|
|
(2) takes as his or her victim a child under the age
|
| of 13 years, or a person with a severe or profound intellectual disability;
|
|
(3) inflicts great bodily harm, other than by the
|
| discharge of a firearm, or commits another felony upon his or her victim;
|
|
(4) wears a hood, robe, or mask or conceals his or
|
|
(5) commits the offense of kidnaping while armed with
|
| a dangerous weapon, other than a firearm, as defined in Section 33A-1 of this Code;
|
|
(6) commits the offense of kidnaping while armed with
|
|
(7) during the commission of the offense of
|
| kidnaping, personally discharges a firearm; or
|
|
(8) during the commission of the offense of
|
| kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
|
|
As used in this Section, "ransom" includes money, benefit, or other
valuable thing or concession.
(b) Sentence. Aggravated kidnaping
in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a Class X felony.
A violation of subsection (a)(6) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(7) is a Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court. A violation of subsection (a)(8) is
a Class X felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court. An offender under the age of 18 years at the time of the commission of aggravated kidnaping in violation of paragraphs (1) through (8) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of a second or subsequent offense of
aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except
that a sentence of natural life imprisonment shall not be
imposed under this Section unless the second or subsequent offense was
committed after conviction on the first offense. An offender under the age of 18 years at the time of the commission of the second or subsequent offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
|
(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
Sec. 10-5. Child abduction.
(a) For purposes of this Section, the following terms have
the following meanings:
(1) "Child" means a person who, at the time the |
| alleged violation occurred, was under the age of 18 or was a person with a severe or profound intellectual disability.
|
|
(2) "Detains" means taking or retaining physical
|
| custody of a child, whether or not the child resists or objects.
|
|
(2.1) "Express consent" means oral or written
|
| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
|
|
(2.2) "Luring" means any knowing act to solicit,
|
| entice, tempt, or attempt to attract the minor.
|
|
(3) "Lawful custodian" means a person or persons
|
| granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.
|
|
(4) "Putative father" means a man who has a
|
| reasonable belief that he is the father of a child born of a woman who is not his wife.
|
|
(5) "Unlawful purpose" means any misdemeanor or
|
| felony violation of State law or a similar federal or sister state law or local ordinance.
|
|
(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court
|
| order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.
|
|
(2) Intentionally violates a court order prohibiting
|
| the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
|
|
(3) Intentionally conceals, detains, or removes the
|
| child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.
|
|
(4) Intentionally conceals or removes the child from
|
| a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.
|
|
(5) At the expiration of visitation rights outside
|
| the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
|
|
(6) Being a parent of the child, and if the parents
|
| of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.
|
|
(7) Being a parent of the child, and if the parents
|
| of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.
|
|
(8) Knowingly conceals, detains, or removes the child
|
| for payment or promise of payment at the instruction of a person who has no legal right to custody.
|
|
(9) Knowingly retains in this State for 30 days a
|
| child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
|
|
(10) Intentionally lures or attempts to lure a child:
|
| (A) under the age of 17 or (B) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose. For the purposes of this item (10), the trier of fact may infer that luring or attempted luring of a child under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place without the express consent of the child's parent or lawful custodian or with the intent to avoid the express consent of the child's parent or lawful custodian was for other than a lawful purpose.
|
|
(11) With the intent to obstruct or prevent efforts
|
| to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
|
|
(c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a
|
| court order granting legal custody or visitation rights that existed at the time of the alleged violation;
|
|
(2) the person had physical custody of the child
|
| pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible;
|
|
(3) the person was fleeing an incidence or pattern of
|
|
(4) the person lured or attempted to lure a child
|
| under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b).
|
|
(d) A person convicted of child abduction under this Section is guilty of
a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. A person convicted of a second or subsequent violation of
paragraph (10) of subsection (b) of this Section is guilty of a Class 3
felony. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense is guilty of a Class 2 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court
may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code
of Corrections if, upon sentencing, the court finds evidence of any of the
following aggravating factors:
(1) that the defendant abused or neglected the child
|
| following the concealment, detention, or removal of the child;
|
|
(2) that the defendant inflicted or threatened to
|
| inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause that parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section;
|
|
(3) that the defendant demanded payment in exchange
|
| for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child;
|
|
(4) that the defendant has previously been convicted
|
|
(5) that the defendant committed the abduction while
|
| armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
|
|
(6) that the defendant committed the abduction while
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| in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.
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(e) The court may order the child to be returned to the parent or lawful
custodian from whom the child was concealed, detained, or removed. In
addition to any sentence imposed, the court may assess any reasonable
expense incurred in searching for or returning the child against any
person convicted of violating this Section.
(f) Nothing contained in this Section shall be construed to limit the
court's contempt power.
(g) Every law enforcement officer investigating an alleged incident of
child abduction shall make a written police report of any bona fide
allegation and the disposition of that investigation. Every police report
completed pursuant to this Section shall be compiled and recorded within
the meaning of Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to believe a child
abduction has occurred, she or he shall provide the lawful custodian a summary of
her or his rights under this Code, including the procedures and relief
available to her or him.
(i) If during the course of an investigation under this
Section the child is found in the physical custody of the defendant or
another, the law enforcement officer shall return the child to the parent
or lawful custodian from whom the child was concealed, detained, or removed,
unless there is good cause for the law enforcement officer or the
Department of Children and Family Services to retain temporary protective
custody of the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/10-5.1)
Sec. 10-5.1. Luring of a minor. (a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor: (1) knowing the minor is under 15 years of age; (2) with the intent to persuade, lure or transport |
| the minor away from his or her home, or other location known by the minor's parent or legal guardian to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person's
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| parent or legal guardian;
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(5) with the intent to avoid the express consent of
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| the person's parent or legal guardian;
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(6) after so communicating, commits any act in
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| furtherance of the intent described in clause (a)(2); and
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(7) is a stranger to the parents or legal guardian of
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(b) A person commits the offense of luring of a minor when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport
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| the minor away from his or her home or other location known by the minor's parent or legal guardian, to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person's
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| parent or legal guardian;
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(5) with the intent to avoid the express consent of
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| the person's parent or legal guardian;
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(6) after so communicating, commits any act in
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| furtherance of the intent described in clause (b)(2); and
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(7) is a stranger to the parents or legal guardian of
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(c) Definitions. For purposes of this Section:
(1) "Emergency situation" means a situation in which
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| the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
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(2) "Express consent" means oral or written
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| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
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(3) "Contacts or communicates electronically"
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| includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
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(4) "Luring" shall mean any knowing act to solicit,
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| entice, tempt, or attempt to attract the minor.
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(5) "Minor" shall mean any person under the age of 15.
(6) "Stranger" shall have its common and ordinary
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| meaning, including but not limited to, a person that is either not known by the parents of the minor or does not have any association with the parents of the minor.
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(7) "Unlawful purpose" shall mean any misdemeanor or
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| felony violation of State law or a similar federal or sister state law or local ordinance.
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(d) This Section may not be interpreted to criminalize an act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization.
(e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense
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| under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
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(2) It shall be an affirmative defense to any offense
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| under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
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(3) It shall not be a defense to the prosecution of
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| any offense under this Section 10-5.1 if the person who is contacted by the offender is posing as a minor and is in actuality an adult law enforcement officer.
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(g) Penalties.
(1) A first offense of luring of a minor under
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| subsection (a) shall be a Class 4 felony. A person convicted of luring of a minor under subsection (a) shall undergo a sex offender evaluation prior to a sentence being imposed. An offense of luring of a minor under subsection (a) when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is guilty of a Class 2 felony.
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(2) A first offense of luring of a minor under
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| subsection (b) is a Class B misdemeanor.
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(3) A second or subsequent offense of luring of a
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| minor under subsection (a) is a Class 3 felony. A second or subsequent offense of luring of a minor under subsection (b) is a Class 4 felony. A second or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class 1 felony. A defendant convicted a second time of an offense under subsection (a) or (b) shall register as a sexual predator of children pursuant to the Sex Offender Registration Act.
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(4) A third or subsequent offense is a Class 1
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| felony. A third or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class X felony.
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(h) For violations of subsection (a), jurisdiction shall be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.
(Source: P.A. 95-625, eff. 6-1-08.)
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(720 ILCS 5/10-9) Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses. (a) Definitions. In this Section: (1) "Intimidation" has the meaning prescribed in Section 12-6. (2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.
(2.5) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exist for the purpose of making profit. (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. (4) (Blank). (5) "Labor" means work of economic or financial value. (6) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service. (7) "Obtain" means, in relation to labor or services, to secure performance thereof. (7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (8) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution. (9) "Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. (10) "Trafficking victim" means a person subjected to the practices set forth in subsection (b), (c), or (d). (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means: (1) causes or threatens to cause physical harm to any |
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(2) physically restrains or threatens to physically
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(3) abuses or threatens to abuse the law or legal
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(4) knowingly destroys, conceals, removes,
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| confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
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(5) uses intimidation, or exerts financial control
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(6) uses any scheme, plan, or pattern intended to
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| cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint.
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Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and:
(1) there is no overt force or threat and the minor
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| is between the ages of 17 and 18 years;
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(2) there is no overt force or threat and the minor
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| is under the age of 17 years; or
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(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection by a person is a Class 1 felony. A violation of this subsection by a company is a business offense for which a fine of up to $100,000 may be imposed.
(e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of
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| this Section, a victim suffered bodily injury, the defendant may be sentenced to an extended-term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.
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(2) Number of victims. In determining sentences
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| within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.
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(g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
(i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
(j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-18, eff. 1-1-20.)
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(720 ILCS 5/10-10) Sec. 10-10. Failure to report the death or disappearance of a child under 13 years of age. (a) A parent, legal guardian, or caretaker
of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. In the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour. (b) A parent, legal guardian, or caretaker
of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance. (c) The Department of Children and Family Services
Guardianship Administrator shall not personally be subject to the reporting requirements in subsection (a) or (b) of this Section. (d) A parent, legal guardian, or caretaker does not commit the offense of failure to report the death or disappearance of a child under 13 years of age when: (1) the failure to report is due to an act of God, |
| act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child;
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(2) the parent, legal guardian, or caretaker calls
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| 911 to report the disappearance of the child;
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(3) the parent, legal guardian, or caretaker knows
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| that the child is under the care of another parent, family member, relative, friend, or baby sitter; or
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(4) the parent, legal guardian, or caretaker is
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| hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting the death or disappearance.
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(e) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 97-1079, eff. 1-1-13.)
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