Illinois Criminal Code of 2012 Assault and Battery

720 ILCS 5/ Criminal Code of 2012. http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HAr...
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(720 ILCS 5/) Criminal Code of 2012.
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Search Tips (720 ILCS 5/Art. 12, Subdiv. 1 heading)

SUBDIVISION 1. DEFINITIONS
Advanced Search (Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-0.1)

Sec. 12-0.1. Definitions. In this Article, unless the
context clearly requires otherwise:
"Bona fide labor dispute" means any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, and pension
or retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be included
in those agreements.
"Coach" means a person recognized as a coach by the
sanctioning authority that conducts an athletic contest.
"Correctional institution employee" means a person employed
by a penal institution.
"Emergency medical services personnel" has the meaning
specified in Section 3.5 of the Emergency Medical Services (EMS)
Systems Act and shall include all ambulance crew members,
including drivers or pilots.
"Family or household members" include spouses, former
spouses, parents, children, stepchildren, and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or allegedly
share a blood relationship through a child, persons who have or
have had a dating or engagement relationship, persons with
disabilities and their personal assistants, and caregivers as
defined in Section 12-4.4a of this Code. For purposes of this
Article, neither a casual acquaintanceship nor ordinary
fraternization between 2 individuals in business or social
contexts shall be deemed to constitute a dating relationship.
"In the presence of a child" means in the physical presence
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of a child or knowing or having reason to know that a child is

present and may see or hear an act constituting an offense.
"Park district employee" means a supervisor, director,
instructor, or other person employed by a park district.
"Person with a physical disability" means a person who
suffers from a permanent and disabling physical characteristic,
resulting from disease, injury, functional disorder, or
congenital condition.
"Private security officer" means a registered employee of a
private security contractor agency under the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004.
"Probation officer" means a person as defined in the
Probation and Probation Officers Act.
"Sports official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or referee.
"Sports venue" means a publicly or privately owned sports or
entertainment arena, stadium, community or convention hall,
special event center, or amusement facility, or a special event
center in a public park, during the 12 hours before or after the
sanctioned sporting event.
"Streetgang", "streetgang member", and "criminal street
gang" have the meanings ascribed to those terms in Section 10 of
the Illinois Streetgang Terrorism Omnibus Prevention Act.
"Transit employee" means a driver, operator, or employee of
any transportation facility or system engaged in the business of
transporting the public for hire.
"Transit passenger" means a passenger of any transportation
facility or system engaged in the business of transporting the
public for hire, including a passenger using any area designated
by a transportation facility or system as a vehicle boarding,
departure, or transfer location.
"Utility worker" means any of the following:
(1) A person employed by a public utility as defined
in Section 3-105 of the Public Utilities Act.
(2) An employee of a municipally owned utility.
(3) An employee of a cable television company.
(4) An employee of an electric cooperative as defined
in Section 3-119 of the Public Utilities Act.
(5) An independent contractor or an employee of an
independent contractor working on behalf of a cable
television company, public utility, municipally owned
utility, or electric cooperative.
(6) An employee of a telecommunications carrier as
defined in Section 13-202 of the Public Utilities Act, or an
independent contractor or an employee of an independent
contractor working on behalf of a telecommunications
carrier.
(7) An employee of a telephone or telecommunications
cooperative as defined in Section 13-212 of the Public
Utilities Act, or an independent contractor or an employee
of an independent contractor working on behalf of a
telephone or telecommunications cooperative.
(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
(720 ILCS 5/Art. 12, Subdiv. 5 heading)

SUBDIVISION 5. ASSAULT AND BATTERY
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
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Sec. 12-1. Assault.

(a) A person commits an assault when, without lawful
authority, he or she knowingly engages in conduct which places
another in reasonable apprehension of receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a
court shall order any person convicted of assault to perform
community service for not less than 30 and not more than 120
hours, if community service is available in the jurisdiction and
is funded and approved by the county board of the county where
the offense was committed. In addition, whenever any person is
placed on supervision for an alleged offense under this Section,
the supervision shall be conditioned upon the performance of the
community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)

Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person
60 years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a building
used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building used
for park purposes.
(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(5) A correctional officer or probation officer:
(iii) assaulted in retaliation for performing
his or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile detention
center, including a county juvenile detention center
employee who supervises recreational activity for residents
of a juvenile detention center, or a Department of Human
Services employee, Department of Human Services officer, or
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employee of a subcontractor of the Department of Human

Services supervising or controlling sexually dangerous
persons or sexually violent persons:
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports venue,
on an indoor playing field or outdoor playing field, or
within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in committing
an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured and
designed to be substantially similar in appearance to a
firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device attached
to a firearm, or used in concert with a firearm, so that the
laser beam strikes near or in the immediate vicinity of any
person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical services personnel,
employee of a police department, employee of a sheriff's
department, or traffic control municipal employee:
(7) Without justification operates a motor vehicle in
a manner which places a person, other than a person listed
in subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in
a manner which places a person listed in subdivision (b)(4),
in reasonable apprehension of being struck by the moving
motor vehicle.
(9) Knowingly video or audio records the offense
with the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
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is a Class 4 felony if a Category I, Category II, or Category

III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
Aggravated assault as defined in subdivision (c)(3) or (c)(8) is
a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the meanings
ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; 99-816,
eff. 8-15-16.)
(720 ILCS 5/12-2.5)

(This Section was renumbered as Section 12-5.02 by P.A.
96-1551.)
Sec. 12-2.5. (Renumbered).
(Source: P.A. 88-467. Renumbered by P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-2.6)

(This Section was renumbered as Section 12-5.3 by P.A.
96-1551.)
Sec. 12-2.6. (Renumbered).
(Source: P.A. 94-743, eff. 5-8-06. Renumbered by P.A. 96-1551,
eff. 7-1-11.)
(720 ILCS 5/12-3) (from Ch. 38, par. 12-3)

Sec. 12-3. Battery.
(a) A person commits battery if he or she knowingly without
legal justification by any means (1) causes bodily harm to an
individual or (2) makes physical contact of an insulting or
provoking nature with an individual.
(b) Sentence.
Battery is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability
or disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological or
chemical contaminant or agent, a radioactive substance, or a
bomb or explosive compound.
or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution employee,
or Department of Human Services employee supervising or
controlling sexually dangerous persons or sexually violent
persons:
(ii) battered to prevent performance of his or
(iii) battered in retaliation for performing his
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or disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery, he
or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person with
a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a building
used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(6) An officer or employee of the State of Illinois,
a unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this Code
and the person without legal justification by any means
causes bodily harm to the merchant.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court while that
individual is in the performance of his or her duties as a
process server.
(11) A nurse while in the performance of his or her
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duties as a nurse.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury to
another person.
a person he or she knows to be a peace officer, community
policing volunteer, person summoned by a police officer,
fireman, private security officer, correctional institution
employee, or emergency management worker:
a person he or she knows to be emergency medical services
personnel:
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
with a silencer, and causes any injury to a person he or she
knows to be a peace officer, community policing volunteer,
person summoned by a police officer, fireman, private
security officer, correctional institution employee or
emergency management worker:
knows to be emergency medical services personnel:
knows to be a teacher, or a student in a school, or a school
employee, and the teacher, student, or employee is upon
school grounds or grounds adjacent to a school or in any
part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
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firearm, or uses an air rifle as defined in Section 24.8-0.1

of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that the
laser beam strikes upon or against the person of another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic,
or controlled substance, or gives to another person any food
containing any substance or object intended to cause
physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department of
Human Services.
(h) Sentence. Unless otherwise provided, aggravated battery
is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4), (d)(4),
or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph (14)
of subsection (b) of Section 9-1 of this Code, as the infliction
of or subjection to extreme physical pain, motivated by an
intent to increase or prolong the pain, suffering, or agony of
the victim.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense; or
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this State
or laws similar to subdivision (a)(5) of any other state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
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Class X felony for which a person shall be sentenced to a term

of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2), (e)(3),
or (e)(4) is a Class X felony for which a person shall be
sentenced to a term of imprisonment of a minimum of 15 years and
a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6), (e)(7),
or (e)(8) is a Class X felony for which a person shall be
sentenced to a term of imprisonment of a minimum of 20 years and
a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up to
a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. For the purposes of this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section 24-1
of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1
of this Code.
"Strangle" means intentionally impeding the normal breathing
or circulation of the blood of an individual by applying
pressure on the throat or neck of that individual or by blocking
the nose or mouth of that individual.
(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)

Sec. 12-3.1. Battery of an unborn child; aggravated battery
of an unborn child.
(a) A person commits battery of an unborn child if he or she
knowingly without legal justification and by any means causes
bodily harm to an unborn child.
(a-5) A person commits aggravated battery of an unborn child
when, in committing a battery of an unborn child, he or she
knowingly causes great bodily harm or permanent disability or
disfigurement to an unborn child.
(b) For purposes of this Section, (1) "unborn child" shall
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mean any individual of the human species from fertilization

until birth, and (2) "person" shall not include the pregnant
woman whose unborn child is harmed.
(c) Sentence. Battery of an unborn child is a Class A
misdemeanor. Aggravated battery of an unborn child is a Class 2
felony.
(d) This Section shall not apply to acts which cause bodily
harm to an unborn child if those acts were committed during any
abortion, as defined in Section 2 of the Illinois Abortion Law
of 1975, as amended, to which the pregnant woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)

Sec. 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly
without legal justification by any means:
(1) causes bodily harm to any family or household
member;
(2) makes physical contact of an insulting or
provoking nature with any family or household member.
(b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for violation of an order of
protection (Section 12-3.4 or 12-30), or any prior conviction
under the law of another jurisdiction for an offense which is
substantially similar. Domestic battery is a Class 4 felony if
the defendant has any prior conviction under this Code for first
degree murder (Section 9-1), attempt to commit first degree
murder (Section 8-4), aggravated domestic battery (Section
12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous
battery (Section 12-4.1), aggravated battery with a firearm
(Section 12-4.2), aggravated battery with a machine gun or a
firearm equipped with a silencer (Section 12-4.2-5), aggravated
battery of a child (Section 12-4.3), aggravated battery of an
unborn child (subsection (a-5) of Section 12-3.1, or Section
12-4.4), aggravated battery of a senior citizen (Section
12-4.6), stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
aggravated criminal sexual assault (Section 11-1.30 or 12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section 11-1.40 or
12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or
12-16), unlawful restraint (Section 10-3), aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
or aggravated discharge of a firearm (Section 24-1.2), or any
prior conviction under the law of another jurisdiction for any
offense that is substantially similar to the offenses listed in
this Section, when any of these offenses have been committed
against a family or household member. Domestic battery is a
Class 4 felony if the defendant has one or 2 prior convictions
under this Code for domestic battery (Section 12-3.2), or one or
2 prior convictions under the law of another jurisdiction for
any offense which is substantially similar. Domestic battery is
a Class 3 felony if the defendant had 3 prior convictions under
this Code for domestic battery (Section 12-3.2), or 3 prior
convictions under the law of another jurisdiction for any
offense which is substantially similar. Domestic battery is a
Class 2 felony if the defendant had 4 or more prior convictions
under this Code for domestic battery (Section 12-3.2), or 4 or
more prior convictions under the law of another jurisdiction for
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any offense which is substantially similar. In addition to any

other sentencing alternatives, for any second or subsequent
conviction of violating this Section, the offender shall be
mandatorily sentenced to a minimum of 72 consecutive hours of
imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in
order to reduce the sentence.
(c) Domestic battery committed in the presence of a child.
In addition to any other sentencing alternatives, a defendant
who commits, in the presence of a child, a felony domestic
battery (enhanced under subsection (b)), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05 or
12-4), unlawful restraint (Section 10-3), or aggravated unlawful
restraint (Section 10-3.1) against a family or household member
shall be required to serve a mandatory minimum imprisonment of
10 days or perform 300 hours of community service, or both. The
defendant shall further be liable for the cost of any counseling
required for the child at the discretion of the court in
accordance with subsection (b) of Section 5-5-6 of the Unified
Code of Corrections. For purposes of this Section, "child" means
a person under 18 years of age who is the defendant's or
victim's child or step-child or who is a minor child residing
within or visiting the household of the defendant or victim.
(d) Upon conviction of domestic battery, the court shall
advise the defendant orally or in writing, substantially as
follows: "An individual convicted of domestic battery may be
subject to federal criminal penalties for possessing,
transporting, shipping, or receiving any firearm or ammunition
in violation of the federal Gun Control Act of 1968 (18 U.S.C.
922(g)(8) and (9))." A notation shall be made in the court file
that the admonition was given.
(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14; 98-994,
eff. 1-1-15.)
(720 ILCS 5/12-3.3)

Sec. 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery,
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery,
strangles another individual commits aggravated domestic
battery. For the purposes of this subsection (a-5), "strangle"
means intentionally impeding the normal breathing or circulation
of the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
(b) Sentence. Aggravated domestic battery is a Class 2
felony. Any order of probation or conditional discharge entered
following a conviction for an offense under this Section must
include, in addition to any other condition of probation or
conditional discharge, a condition that the offender serve a
mandatory term of imprisonment of not less than 60 consecutive
days. A person convicted of a second or subsequent violation of
this Section must be sentenced to a mandatory term of
imprisonment of not less than 3 years and not more than 7 years
or an extended term of imprisonment of not less than 7 years and
not more than 14 years.
(c) Upon conviction of aggravated domestic battery, the
court shall advise the defendant orally or in writing,
substantially as follows: "An individual convicted of aggravated
domestic battery may be subject to federal criminal penalties
for possessing, transporting, shipping, or receiving any firearm
or ammunition in violation of the federal Gun Control Act of
11 of 14 3/7/2017 5:53 PM
1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in

the court file that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)

Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2), (3),
(14) or (14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid order
of protection, which is authorized under the laws of
another state, tribe or United States territory,
(iii) any other remedy when the act constitutes a
crime against the protected parties as the term
protected parties is defined in Section 112A-4 of the
Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has been
served notice of the contents of the order, pursuant to the
Illinois Domestic Violence Act of 1986 or any substantially
similar statute of another state, tribe or United States
territory, or otherwise has acquired actual knowledge of the
contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have been
issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
(b) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section.
(d) Violation of an order of protection is a Class A
misdemeanor. Violation of an order of protection is a Class 4
felony if the defendant has any prior conviction under this Code
for domestic battery (Section 12-3.2) or violation of an order
of protection (Section 12-3.4 or 12-30) or any prior conviction
under the law of another jurisdiction for an offense that could
be charged in this State as a domestic battery or violation of
an order of protection. Violation of an order of protection is a
Class 4 felony if the defendant has any prior conviction under
this Code for first degree murder (Section 9-1), attempt to
commit first degree murder (Section 8-4), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05 or
12-4), heinous battery (Section 12-4.1), aggravated battery with
a firearm (Section 12-4.2), aggravated battery with a machine
12 of 14 3/7/2017 5:53 PM
gun or a firearm equipped with a silencer (Section 12-4.2-5),

aggravated battery of a child (Section 12-4.3), aggravated
battery of an unborn child (subsection (a-5) of Section 12-3.1,
or Section 12-4.4), aggravated battery of a senior citizen
(Section 12-4.6), stalking (Section 12-7.3), aggravated stalking
(Section 12-7.4), criminal sexual assault (Section 11-1.20 or
12-13), aggravated criminal sexual assault (Section 11-1.30 or
12-14), kidnapping (Section 10-1), aggravated kidnapping
(Section 10-2), predatory criminal sexual assault of a child
(Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse
(Section 11-1.60 or 12-16), unlawful restraint (Section 10-3),
aggravated unlawful restraint (Section 10-3.1), aggravated arson
(Section 20-1.1), aggravated discharge of a firearm (Section
24-1.2), or a violation of any former law of this State that is
substantially similar to any listed offense, or any prior
conviction under the law of another jurisdiction for an offense
that could be charged in this State as one of the offenses
listed in this Section, when any of these offenses have been
committed against a family or household member as defined in
Section 112A-3 of the Code of Criminal Procedure of 1963. The
court shall impose a minimum penalty of 24 hours imprisonment
for defendant's second or subsequent violation of any order of
protection; unless the court explicitly finds that an increased
penalty or such period of imprisonment would be manifestly
unjust. In addition to any other penalties, the court may order
the defendant to pay a fine as authorized under Section 5-9-1 of
the Unified Code of Corrections or to make restitution to the
victim under Section 5-5-6 of the Unified Code of Corrections.
In addition to any other penalties, including those imposed by
Section 5-9-1.5 of the Unified Code of Corrections, the court
shall impose an additional fine of $20 as authorized by Section
5-9-1.11 of the Unified Code of Corrections upon any person
convicted of or placed on supervision for a violation of this
Section. The additional fine shall be imposed for each violation
of this Section.
(e) (Blank).
(f) A defendant who directed the actions of a third party to
violate this Section, under the principles of accountability set
forth in Article 5 of this Code, is guilty of violating this
Section as if the same had been personally done by the
defendant, without regard to the mental state of the third party
acting at the direction of the defendant.
(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
97-311, eff. 8-11-11; 97-919, eff. 8-10-12; 97-1109, eff.
1-1-13.)
(720 ILCS 5/12-3.5) (was 720 ILCS 5/12-6.3)

Sec. 12-3.5. Interfering with the reporting of domestic
violence.
(a) A person commits interfering with the reporting of
domestic violence when, after having committed an act of
domestic violence, he or she knowingly prevents or attempts to
prevent the victim of or a witness to the act of domestic
violence from calling a 9-1-1 emergency telephone system,
obtaining medical assistance, or making a report to any law
enforcement official.
(b) For the purposes of this Section:
"Domestic violence" shall have the meaning ascribed to it in
Section 112A-3 of the Code of Criminal Procedure of 1963.
(c) Sentence. Interfering with the reporting of domestic
violence is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
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720 ILCS 5/ Criminal Code of 2012. http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HAr...

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Search Tips (720 ILCS 5/Art. 12, Subdiv. 1 heading)

(720 ILCS 5/12-0.1)

of a child or knowing or having reason to know that a child is

(720 ILCS 5/Art. 12, Subdiv. 5 heading)

(720 ILCS 5/12-1) (from Ch. 38, par. 12-1)

Sec. 12-1. Assault.

(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)

employee of a subcontractor of the Department of Human

is a Class 4 felony if a Category I, Category II, or Category

(720 ILCS 5/12-2.5)

(720 ILCS 5/12-2.6)

(720 ILCS 5/12-3) (from Ch. 38, par. 12-3)

(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

or her official duties.

firearm, or uses an air rifle as defined in Section 24.8-0.1

Class X felony for which a person shall be sentenced to a term

(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)

mean any individual of the human species from fertilization

(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)

any offense which is substantially similar. In addition to any

(720 ILCS 5/12-3.3)

1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in

(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)

gun or a firearm equipped with a silencer (Section 12-4.2-5),

(720 ILCS 5/12-3.5) (was 720 ILCS 5/12-6.3)

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