Statutes > Illinois Statutes > CHAPTER 720 CRIMINAL OFFENSES > 720 ILCS 5/ Criminal Code of 1961. > Article 12 - Bodily Harm

Article 12 - Bodily Harm


      (720 ILCS 5/Art. 12 heading)
ARTICLE 12. BODILY HARM

    (720 ILCS 5/12‑1) (from Ch. 38, par. 12‑1)
    Sec. 12‑1. Assault.
    (a) A person commits an assault when, without lawful authority, he 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. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

    (720 ILCS 5/12‑2)(from Ch. 38, par. 12‑2)
    Sec. 12‑2. Aggravated assault.
    (a) A person commits an aggravated assault, when, in committing an assault, he:
        (1) Uses a deadly weapon, an air rifle as defined in
     the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;
        (2) Is hooded, robed or masked in such manner as to
     conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm;
        (3) Knows the individual assaulted to be a teacher
     or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;
        (4) Knows the individual assaulted to be a
     supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;
        (5) Knows the individual assaulted to be a
     caseworker, investigator, or other person employed by the Department of Healthcare and Family Services (formerly State Department of Public Aid), a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;
        (6) Knows the individual assaulted to be a peace
     officer, a community policing volunteer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman;
        (7) Knows the individual assaulted to be an
     emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties;
        (8) Knows the individual assaulted to be the driver,
     operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;
        (9) Or the individual assaulted is on or about a
     public way, public property, or public place of accommodation or amusement;
        (9.5) Is, or the individual assaulted is, in or about
     a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue;
        (10) Knows the individual assaulted to be an
     employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee;
        (11) Knowingly and without legal justification,
     commits an assault on a physically handicapped person;
        (12) Knowingly and without legal justification,
     commits an assault on a person 60 years of age or older;
        (13) Discharges a firearm, other than from a motor
     vehicle;
        (13.5) Discharges a firearm from a motor vehicle;
        (14) Knows the individual assaulted to be a
     correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties;
        (15) Knows the individual assaulted to be a
     correctional employee or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while the employee is engaged in the execution of any of his or her official duties, or to prevent the employee from performing his or her official duties, or in retaliation for the employee performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the employee or in the direction of a vehicle occupied by the employee;
        (16) Knows the individual assaulted to be an
     employee of a police or sheriff's department, or a person who is employed by a municipality and whose duties include traffic control, engaged in the performance of his or her official duties as such employee;
        (17) Knows the individual assaulted to be a sports
     official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor playing field at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. For the purposes of this paragraph (17), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the athletic contest;
        (18) Knows the individual assaulted 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, and the assault is committed other than by the discharge of a firearm in the direction of the emergency management worker or in the direction of a vehicle occupied by the emergency management worker; or
        (19) Knows the individual assaulted to be a utility
     worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties. In this paragraph (19), "utility worker" means a person employed by a public utility as defined in Section 3‑105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3‑119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13‑202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or 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.
    (a‑5) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed 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.
    (b) Sentence.
    Aggravated assault as defined in paragraphs (1) through (5) and (8) through (12) and (17) and (19) of subsection (a) of this Section is a Class A misdemeanor. Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection (a) of this Section and as defined in subsection (a‑5) of this Section is a Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is not used in the commission of the assault. Aggravated assault as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a Class 4 felony if a firearm is used in the commission of the assault. Aggravated assault as defined in paragraph (13.5) of subsection (a) is a Class 3 felony.
    (c) For the purposes of paragraphs (1) and (6) of subsection (a), "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.
(Source: P.A. 95‑236, eff. 1‑1‑08; 95‑292, eff. 8‑20‑07; 95‑331, eff. 8‑21‑07; 95‑429, eff. 1‑1‑08; 95‑591, eff. 9‑10‑07; 95‑876, eff. 8‑21‑08; 96‑201, eff. 8‑10‑09.)

    (720 ILCS 5/12‑2.5)
    Sec. 12‑2.5. Vehicular Endangerment.
    (a) Any person who with the intent to strike a motor vehicle causes by any means an object to fall from an overpass in the direction of a moving motor vehicle traveling upon any highway in this State, if that object strikes a motor vehicle, is guilty of vehicular endangerment.
    (b) Sentence. Vehicular endangerment is a Class 2 felony, except when death results. If death results, vehicular endangerment is a Class 1 felony.
    (c) Definitions. For purposes of this Section:
    "Object" means any object or substance that by its size, weight, or consistency is likely to cause great bodily harm to any occupant of a motor vehicle.
    "Overpass" means any structure that passes over a highway.
    "Motor vehicle" and "highway" have the meanings as defined in the Illinois Vehicle Code.
(Source: P.A. 88‑467.)

    (720 ILCS 5/12‑2.6)
    Sec. 12‑2.6. Use of a dangerous place for the commission of a controlled substance or cannabis offense.
    (a) A person commits the offense of use of a dangerous place for the commission of a controlled substance or cannabis offense when that person knowingly exercises control over any place with the intent to use that place to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance or controlled substance analog in violation of Section 401 of the Illinois Controlled Substances Act or to manufacture, produce, deliver, or possess with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act and:
        (1) the place, by virtue of the presence of the
     substance or substances used or intended to be used to manufacture a controlled or counterfeit substance, controlled substance analog, or cannabis, presents a substantial risk of injury to any person from fire, explosion, or exposure to toxic or noxious chemicals or gas; or
        (2) the place used or intended to be used to
     manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis has located within it or surrounding it devices, weapons, chemicals, or explosives designed, hidden, or arranged in a manner that would cause a person to be exposed to a substantial risk of great bodily harm.
    (b) It may be inferred that a place was intended to be used to manufacture a controlled or counterfeit substance or controlled substance analog if a substance containing a controlled or counterfeit substance or controlled substance analog or a substance containing a chemical important to the manufacture of a controlled or counterfeit substance or controlled substance analog is found at the place of the alleged illegal controlled substance manufacturing in close proximity to equipment or a chemical used for facilitating the manufacture of the controlled or counterfeit substance or controlled substance analog that is alleged to have been intended to be manufactured.
    (c) As used in this Section, "place" means a premises, conveyance, or location that offers seclusion, shelter, means, or facilitation for manufacturing, producing, possessing, or possessing with intent to deliver a controlled or counterfeit substance, controlled substance analog, or cannabis.
    (d) Use of a dangerous place for the commission of a controlled substance or cannabis offense is a Class 1 felony.
(Source: P.A. 93‑516, eff. 1‑1‑04; 94‑743, eff. 5‑8‑06.)

    (720 ILCS 5/12‑3) (from Ch. 38, par. 12‑3)
    Sec. 12‑3. Battery.
    (a) A person commits battery if he intentionally or knowingly without legal justification and 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. 77‑2638.)

    (720 ILCS 5/12‑3.1) (from Ch. 38, par. 12‑3.1)
    Sec. 12‑3.1. Battery of an Unborn Child. (a) A person commits battery of an unborn child if he intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child.
    (b) For purposes of this Section, (1) "unborn child" shall 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.
    (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. 84‑1414.)

    (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 intentionally or knowingly without legal justification by any means:
        (1) Causes bodily harm to any family or household
     member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended;
        (2) Makes physical contact of an insulting or
     provoking nature with any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended.
    (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 domestic battery (Section 12‑3.2) or violation of an order of protection (Section 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 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (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 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 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 as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. 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 12‑4), unlawful restraint (Section 10‑3), or aggravated unlawful restraint (Section 10‑3.1) against a family or household member, as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963, 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. For purposes of this Section, "in the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting one of the offenses listed in this subsection.
    (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. 96‑287, eff. 8‑11‑09.)

    (720 ILCS 5/12‑3.3)
    Sec. 12‑3.3. Aggravated domestic battery.
    (a) A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
    (a‑5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a‑5), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
    (b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.
    (c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of aggravated domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.
(Source: P.A. 96‑287, eff. 8‑11‑09; 96‑363, eff. 8‑13‑09; 96‑1000, eff. 7‑2‑10.)

    (720 ILCS 5/12‑4)
    Sec. 12‑4. Aggravated Battery.
    (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.
    (b) In committing a battery, a person commits aggravated battery if he or she:
        (1) Uses a deadly weapon other than by the discharge
    of a firearm, or uses an air rifle as defined in the Air Rifle Act;
        (2) Is hooded, robed or masked, in such manner as to
    conceal his identity;
        (3) Knows the individual harmed to be a teacher or
    other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;
        (4) (Blank);
        (5) (Blank);
        (6) Knows the individual harmed to be a community
    policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;
        (7) Knows the individual harmed to be an emergency
    medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;
        (8) Is, or the person battered is, on or about a
    public way, public property or public place of accommodation or amusement;
        (8.5) Is, or the person battered is, on a publicly or
    privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue;
        (9) Knows the individual harmed to be the driver,
    operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;
        (10) Knows the individual harmed to be an individual
    of 60 years of age or older;
        (11) Knows the individual harmed is pregnant;
        (12) Knows the individual harmed to be a judge whom
    the person intended to harm as a result of the judge's performance of his or her official duties as a judge;
        (13) (Blank);
        (14) Knows the individual harmed to be a person who
    is physically handicapped;
        (15) Knowingly and without legal justification and by
    any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code;
        (16) Is, or the person battered is, in 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 the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act;
        (17) (Blank);
        (18) Knows the individual harmed to be an officer or
    employee of the State of Illinois, a unit of local government, or school district engaged in the performance of his or her authorized duties as such officer or employee;
        (19) Knows the individual harmed to be an emergency
    management worker engaged in the performance of any of his or her official duties, or to prevent the emergency management worker from performing official duties, or in retaliation for the emergency management worker performing official duties;
        (20) Knows the individual harmed to be a private
    security officer engaged in the performance of any of his or her official duties, or to prevent the private security officer from performing official duties, or in retaliation for the private security officer performing official duties; or