Statutes > Illinois Statutes > CHAPTER 720 CRIMINAL OFFENSES > 720 ILCS 5/ Criminal Code of 1961. > Part E - Offenses Affecting Governmental Functions

Part E - Offenses Affecting Governmental Functions


      (720 ILCS 5/Tit. III Pt. E heading)
PART E. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS


      (720 ILCS 5/Art. 30 heading)
ARTICLE 30. TREASON AND RELATED OFFENSES

    (720 ILCS 5/30‑1) (from Ch. 38, par. 30‑1)
    Sec. 30‑1. Treason. (a) A person owing allegiance to this State commits treason when he or she knowingly:
        (1) Levies war against this State; or
        (2) Adheres to the enemies of this State, giving them aid or comfort.
    (b) No person may be convicted of treason except on the testimony of 2 witnesses to the same overt act, or on his confession in open court.
    (c) Sentence. Treason is a Class X felony for which an offender may be sentenced to death under Section 5‑5‑3 of the Unified Code of Corrections.
(Source: P.A. 80‑1099.)

    (720 ILCS 5/30‑2) (from Ch. 38, par. 30‑2)
    Sec. 30‑2. Misprision of treason.
    (a) A person owing allegiance to this State commits misprision of treason when he conceals or withholds his knowledge that another has committed treason against this State.
    (b) Sentence.
    Misprision of treason is a Class 4 felony.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/30‑3) (from Ch. 38, par. 30‑3)
    Sec. 30‑3. Advocating overthrow of Government.
    A person who advocates, or with knowledge of its contents knowingly publishes, sells or distributes any document which advocates or with knowledge of its purpose, knowingly becomes a member of any organization which advocates the overthrow or reformation of the existing form of government of this State by violence or unlawful means commits a Class 3 felony.
(Source: P. A. 77‑2638.)


      (720 ILCS 5/Art. 31 heading)
ARTICLE 31. INTERFERENCE WITH PUBLIC OFFICERS

    (720 ILCS 5/31‑1)(from Ch. 38, par. 31‑1)
    Sec. 31‑1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee.
    (a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.
    (a‑5) In addition to any other sentence that may be imposed, a court shall order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional institution employee to be sentenced to a minimum of 48 consecutive hours of imprisonment or ordered to perform community service for not less than 100 hours as may be determined by the court. The person shall not be eligible for probation in order to reduce the sentence of imprisonment or community service.
    (a‑7) A person convicted for a violation of this Section whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 4 felony.
    (b) For purposes of this Section, "correctional institution employee" means any person employed to supervise and control inmates incarcerated in a penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half‑way house, or other institution or place for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing, or who are sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly constituted fire department of a municipality or fire protection district who performs fire fighting duties, including, but not limited to, the fire chief, assistant fire chief, captain, engineer, driver, ladder person, hose person, pipe person, and any other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
    (c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person.
(Source: P.A. 95‑801, eff. 1‑1‑09.)

    (720 ILCS 5/31‑1a)(from Ch. 38, par. 31‑1a)
    Sec. 31‑1a. Disarming a peace officer or correctional institution employee.
    (a) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31‑1, takes a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 1 felony.
    (b) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31‑1, attempts to take a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 2 felony.
(Source: P.A. 96‑348, eff. 8‑12‑09.)

    (720 ILCS 5/31‑3) (from Ch. 38, par. 31‑3)
    Sec. 31‑3. Obstructing service of process.
    Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court commits a Class B misdemeanor.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/31‑4) (from Ch. 38, par. 31‑4)
    Sec. 31‑4. Obstructing justice.
    A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:
    (a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or
    (b) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or
    (c) Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.
    (d) Sentence.
        (1) Obstructing justice is a Class 4 felony, except
     as provided in paragraph (2) of this subsection (d).
        (2) Obstructing justice in furtherance of streetgang
     related or gang‑related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.
(Source: P.A. 90‑363, eff. 1‑1‑98.)

    (720 ILCS 5/31‑4.5)
    Sec. 31‑4.5. Obstructing identification.
    (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has:
        (1) lawfully arrested the person;
        (2) lawfully detained the person; or
        (3) requested the information from a person that the
     peace officer has good cause to believe is a witness to a criminal offense.
    (b) Sentence. Obstructing identification is a Class A
     misdemeanor.
(Source: P.A. 96‑335, eff. 1‑1‑10.)

    (720 ILCS 5/31‑5) (from Ch. 38, par. 31‑5)
    Sec. 31‑5. Concealing or aiding a fugitive.
    Every person not standing in the relation of husband, wife, parent, child, brother or sister to the offender, who, with intent to prevent the apprehension of the offender, conceals his knowledge that an offense has been committed or harbors, aids or conceals the offender, commits a Class 4 felony.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/31‑6)(from Ch. 38, par. 31‑6)
    Sec. 31‑6. Escape; failure to report to a penal institution or to report for periodic imprisonment.
    (a) A person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody of an employee of that institution commits a Class 2 felony; however, a person convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class 3 felony.
    (b) A person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any penal institution or from the custody of an employee of that institution commits a Class A misdemeanor; however, a person convicted of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class B misdemeanor.
    (b‑1) A person committed to the Department of Human Services under the provisions of the Sexually Violent Persons Commitment Act or in detention with the Department of Human Services awaiting such a commitment who intentionally escapes from any secure residential facility or from the custody of an employee of that facility commits a Class 2 felony.
    (c) A person in the lawful custody of a peace officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody commits a Class 2 felony; however, a person in the lawful custody of a peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody commits a Class A misdemeanor.
    (c‑5) A person in the lawful custody of a peace officer for an alleged violation of a term or condition of probation, conditional discharge, parole, or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes from custody is guilty of a Class 2 felony.
    (c‑6) A person in the lawful custody of a peace officer for an alleged violation of a term or condition of supervision, probation, or conditional discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is guilty of a Class A misdemeanor.
    (d) A person who violates this Section while armed with a dangerous weapon commits a Class 1 felony.
(Source: P.A. 95‑839, eff. 8‑15‑08; 95‑921, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)

    (720 ILCS 5/31‑7)(from Ch. 38, par. 31‑7)
    Sec. 31‑7. Aiding escape.
    (a) Whoever, with intent to aid any prisoner in escaping from any penal institution, conveys into the institution or transfers to the prisoner anything for use in escaping commits a Class A misdemeanor.
    (b) Whoever knowingly aids a person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in escaping from any penal institution or from the custody of any employee of that institution commits a Class 2 felony; however, whoever knowingly aids a person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in failing to return from furlough or from work and day release is guilty of a Class 3 felony.
    (c) Whoever knowingly aids a person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in escaping from any penal institution or from the custody of an employee of that institution commits a Class A misdemeanor; however, whoever knowingly aids a person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in failing to return from furlough or from work and day release is guilty of a Class B misdemeanor.
    (d) Whoever knowingly aids a person in escaping from any public institution, other than a penal institution, in which he is lawfully detained, or from the custody of an employee of that institution, commits a Class A misdemeanor.
    (e) Whoever knowingly aids a person in the lawful custody of a peace officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, in escaping from custody commits a Class 2 felony; however, whoever knowingly aids a person in the lawful custody of a peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, in escaping from custody commits a Class A misdemeanor.
    (f) An officer or employee of any penal institution who recklessly permits any prisoner in his custody to escape commits a Class A misdemeanor.
    (f‑5) With respect to a person in the lawful custody of a peace officer for an alleged violation of a term or condition of probation, conditional discharge, parole, or mandatory supervised release for a felony, whoever intentionally aids that person to escape from that custody is guilty of a Class 2 felony.
    (f‑6) With respect to a person who is in the lawful custody of a peace officer for an alleged violation of a term or condition of supervision, probation, or conditional discharge for a misdemeanor, whoever intentionally aids that person to escape from that custody is guilty of a Class A misdemeanor.
    (g) A person who violates this Section while armed with a dangerous weapon commits a Class 2 felony.
(Source: P.A. 95‑839, eff. 8‑15‑08; 95‑921, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)

    (720 ILCS 5/31‑8) (from Ch. 38, par. 31‑8)
    Sec. 31‑8. Refusing to aid an officer.
    Whoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a peace officer in:
    (a) Apprehending a person whom the officer is authorized to apprehend; or
    (b) Preventing the commission by another of any offense, commits a petty offense.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/31‑9)
    Sec. 31‑9. Obstructing an emergency management worker. A person who knowingly obstructs the performance by one known to the person to be an emergency management worker of any authorized act within his or her official capacity commits a Class A misdemeanor.
(Source: P.A. 94‑243, eff. 1‑1‑06.)


      (720 ILCS 5/Art. 31A heading)
ARTICLE 31A. INTERFERENCE WITH PENAL INSTITUTION

    (720 ILCS 5/31A‑1.1)(from Ch. 38, par. 31A‑1.1)
    Sec. 31A‑1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution.
    (a) A person commits the offense of bringing contraband into a penal institution when he knowingly and without authority of any person designated or authorized to grant such authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.
    (b) A person commits the offense of possessing contraband in a penal institution when he possesses contraband in a penal institution, regardless of the intent with which he possesses it.
    (c) For the purposes of this Section, the words and phrases listed below shall be defined as follows:
        (1) "Penal institution" means any penitentiary, State
    farm, reformatory, prison, jail, house of correction, police detention area, half‑way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Act shall not apply to that part of such building unrelated to the incarceration or custody of persons.
        (2) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1‑3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the Cannabis Control Act.
            (iii) "Controlled substance" as such term is
        defined in the Illinois Controlled Substances Act.
            (iii‑a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle,
        or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk,
        billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B‑B gun
            which expels a single globular projectile not exceeding .18 inch in diameter, or;
                (B) any device used exclusively for signaling
            or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
                (C) any device used exclusively for the
            firing of stud cartridges, explosive rivets or industrial ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.
            (vii) "Firearm ammunition" means any
        self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
                (B) any ammunition designed exclusively for
            use with a stud or rivet driver or other similar industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
        bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
        but is not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
        hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
        limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.
    (d) Bringing alcoholic liquor into a penal institution is a Class 4 felony. Possessing alcoholic liquor in a penal institution is a Class 4 felony.
    (e) Bringing cannabis into a penal institution is a Class 3 felony. Possessing cannabis in a penal institution is a Class 3 felony.
    (f) Bringing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Controlled Substance Act into a penal institution is a Class 2 felony. Possessing any amount of a controlled substance classified in Schedule III, IV, or V of Article II of the Controlled Substance Act in a penal institution is a Class 2 felony.
    (g) Bringing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act into a penal institution is a Class 1 felony. Possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act in a penal institution is a Class 1 felony.
    (h) Bringing an item of contraband listed in paragraph (iv) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (iv) of subsection (c)(2) in a penal institution is a Class 1 felony.
    (i) Bringing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) in a penal institution is a Class 1 felony.
    (j) Bringing an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (c)(2) in a penal institution is a Class X felony. Possessing an item of contraband listed in paragraphs (vi), (vii), or (viii) of subsection (c)(2) in a penal institution is a Class X felony.
    (k) It shall be an affirmative defense to subsection (b) hereof, that such possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued pursuant thereto.
    (l) It shall be an affirmative defense to subsection (a)(1) and subsection (b) hereof that the person bringing into or possessing contraband in a penal institution had been arrested, and that that person possessed such contraband at the time of his arrest, and that such contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his arrest.
    (m) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.
(Source: P.A. 96‑1112, eff. 1‑1‑11.)

    (720 ILCS 5/31A‑1.2)(from Ch. 38, par. 31A‑1.2)
    Sec. 31A‑1.2. Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee.
    (a) A person commits the offense of unauthorized bringing of contraband into a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant such authority:
        (1) brings or attempts to bring an item of
     contraband listed in subsection (d)(4) into a penal institution, or
        (2) causes or permits another to bring an item of
     contraband listed in subsection (d)(4) into a penal institution.
    (b) A person commits the offense of unauthorized possession of contraband in a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant such authority possesses contraband listed in subsection (d)(4) in a penal institution, regardless of the intent with which he possesses it.
    (c) A person commits the offense of unauthorized delivery of contraband in a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant such authority:
        (1) delivers or possesses with intent to deliver an
     item of contraband to any inmate of a penal institution, or
        (2) conspires to deliver or solicits the delivery of
     an item of contraband to any inmate of a penal institution, or
        (3) causes or permits the delivery of an item of
     contraband to any inmate of a penal institution, or
        (4) permi