Illinois Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Illinois criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Illinois
- How much theft is a felony
- Theft of property whose value exceeds $500 (but is less than $10,000) is a Class 3 felony. The Illinois pattern jury instruction for theft lists these value tiers: exceeding $500 and not exceeding $10,000; 720 ILCS 5/16-1(b)(4); Illinois Pattern Jury Instructions (Criminal) 13.04 (approved Oct. 27, 2017); People v. Mayfield, 2015 IL App (1st) 132300-U, ¶ 18
- Stand your ground / duty to retreat
- Illinois has no duty to retreat for a person who did not start the confrontation. The Illinois pattern jury instruction states: "A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor."… Illinois Pattern Jury Instructions (Criminal) 24-25.09X; People v. Hughes, 46 Ill. App. 3d 490 (1977)
- Criminal statutes of limitations
- Unless the statute for the offense says otherwise or the period is extended, prosecution must begin within 3 years for a felony and within one year and 6 months for a misdemeanor. 720 ILCS 5/3-5 (as amended by P.A. 104-245, eff. 1-1-26)
- Marijuana possession
- Adult-use cannabis is legal for people 21 or older. Possession limits (cumulative): Illinois residents 60 grams of cannabis flower, 1,000 mg of THC in infused products and 10 grams of concentrate; 410 ILCS 705/10-10 (Cannabis Regulation and Tax Act); Illinois Cannabis Regulation Oversight Officer FAQs
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Illinois grades felonies as first degree murder, Class X, and Classes 1, 2, 3 and 4. Prison terms: Class X 6 to 30 years (extended term 30 to 60; no probation); Class 1 4 to 15 years (second degree murder 4 to 20; extended term 15 to 30); Class 2 3 to 7 years (extended term 7 to 14); Class 3 2 to 5 years (extended term 5 to 10); Class 4 1 to 3 years (extended term 3 to 6). Probation can be up to 4 years for Class 1 and 2 felonies and up to 30 months for Class 3 and 4 felonies. Felony fines can be up to $25,000 per offense or the amount specified in the offense, whichever is greater. Class 1: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-30.htm; Class 4: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm; fines: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-50.htm |
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| Misdemeanor classes and maximum penalties | Illinois has Class A, B and C misdemeanors. Class A: less than one year in jail and a fine up to $2,500. Class B: up to 6 months in jail and a fine up to $1,500. Class C: up to 30 days in jail and a fine up to $1,500. The fine can be higher if the offense specifies a greater amount. Probation or conditional discharge can be up to 2 years. Class B: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-60.htm; Class C: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-65.htm Source: 730 ILCS 5/5-4.5-55, -60, -65 |
| How much theft is a felony | Theft of property whose value exceeds $500 (but is less than $10,000) is a Class 3 felony. The Illinois pattern jury instruction for theft lists these value tiers: exceeding $500 and not exceeding $10,000; exceeding $10,000 and not exceeding $100,000; exceeding $100,000 and not exceeding $500,000; exceeding $500,000 and not exceeding $1,000,000; and exceeding $1,000,000. Value is measured by fair market value at the time and place of the theft. Class 3 for $500-$10,000: https://www.illinoiscourts.gov/Resources/6bea881b-835c-4efb-be22-fb66c89e6cd3/1132300_R23.pdf (Rule 23 order citing 720 ILCS 5/16-1(b)(4) (West 2012)) |
Self-defense
| Stand your ground / duty to retreat | Illinois has no duty to retreat for a person who did not start the confrontation. The Illinois pattern jury instruction states: "A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor." The rule comes from case law (People v. Hughes, 46 Ill. App. 3d 490 (1st Dist. 1977); People v. Miller, 259 Ill. App. 3d 257 (1st Dist. 1994)). |
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| Castle doctrine (defending your home) | A person is justified in using force when and to the extent the person reasonably believes it is necessary to prevent or end another's unlawful entry into or attack on a dwelling. Force intended or likely to cause death or great bodily harm is justified only if (1) the entry is made or attempted in a violent, riotous or tumultuous manner and the person reasonably believes the force is necessary to prevent an assault on or personal violence to someone in the dwelling, or (2) the person reasonably believes the force is necessary to prevent a felony in the dwelling. A home dweller does not have to wait for the unlawful entry to be completed before using justifiable force. |
Charges, bail and your lawyer
| Criminal statutes of limitations | Unless the statute for the offense says otherwise or the period is extended, prosecution must begin within 3 years for a felony and within one year and 6 months for a misdemeanor. There is no time limit for first degree murder, attempted first degree murder, second degree murder, involuntary manslaughter, reckless homicide, arson, treason, forgery, child sexual abuse material and any offense involving sexual conduct or sexual penetration, among others listed. Theft of property over $100,000, identity theft and financial exploitation of an elderly person or a person with a disability must be charged within 7 years of the last act. |
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| Bail and pretrial release | Illinois abolished cash (monetary) bail under the Pretrial Fairness Act (part of the SAFE-T Act); cash bail ended in Illinois courts on September 18, 2023, after the Illinois Supreme Court upheld the law in Rowe v. Raoul, 2023 IL 129248. The default is pretrial release on personal recognizance, with conditions. The State may seek detention only in specified cases by filing a petition; at the first detention hearing the State must prove by clear and convincing evidence that the proof is evident or the presumption great that the defendant committed a detainable offense, that the defendant poses a real and present threat to any person or the community or a high likelihood of willful flight, and that no conditions could mitigate that threat or risk. The court must revisit continued detention at later hearings. Effective date: Illinois Courts, 'A new era coming for pretrial practices in Illinois' (July 26, 2023): https://www.illinoiscourts.gov/News/1262/A-new-era-coming-for-pretrial-practices-in-Illinois/news-detail/ |
| Right to a public defender | Under Illinois Supreme Court Rule 401(a), an indigent defendant has the right to appointed counsel whenever the charge is punishable by imprisonment. The trial judge appoints the county Office of the Public Defender, which assigns the individual assistant public defender. Whether a person is indigent is left to the trial court's discretion based on as complete a financial picture as possible; a person need not be entirely without funds to be found indigent, and a court may not refuse appointment solely because the defendant posted bail. The Office of the State Appellate Defender handles appeals for indigent defendants. Office of the State Appellate Defender, Illinois Criminal Law Digest, ch. 14 (Counsel), § 14-1(d) Indigency |
Other common questions
| Age of consent | Aggravated criminal sexual abuse includes an act of "sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim." It is an affirmative defense if "the accused reasonably believed the person to be 17 years of age or over." |
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| Marijuana possession | Adult-use cannabis is legal for people 21 or older. Possession limits (cumulative): Illinois residents 60 grams of cannabis flower, 1,000 mg of THC in infused products and 10 grams of concentrate; non-residents 30 grams of flower, 500 mg of THC in infused products and 5 grams of concentrate. Underage possession and use are illegal, as is giving cannabis to anyone under 21. Only registered qualifying medical cannabis patients may grow up to 5 plants at home. Use is not allowed in any public place. Transporting cannabis in a non-compliant container is a Class A misdemeanor. Possession limits: 410 ILCS 705/10-10 (P.A. 104-463, eff. 6-12-26), https://www.ilga.gov/Documents/legislation/ilcs/documents/041007050K10-10.htm |
Assault, battery and domestic violence
| Assault | Threatening someone so they reasonably fear being hit, without touching them, is called assault in Illinois. Assault is a Class C misdemeanor (up to 30 days in jail and a fine up to $1,500), and the court must also order 30 to 120 hours of community service where available. It becomes aggravated assault because of where it happens (such as a public way or place of worship), who the victim is (such as a person 60 or older, a teacher at school, a peace officer, firefighter or transit worker on duty), or how it is done (such as using a deadly weapon, wearing a mask, or discharging a firearm). Aggravated assault ranges from a Class A misdemeanor (less than one year in jail, fine up to $2,500) to a Class 4 felony (1 to 3 years) for, among others, assaults on peace officers, firefighters and EMS personnel or discharging a firearm, and a Class 3 felony (2 to 5 years) for discharging a firearm from a motor vehicle. Aggravated assault: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-2.htm. |
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| Battery | Illinois has a separate crime of battery: knowingly and without legal justification causing bodily harm to someone, or making physical contact of an insulting or provoking nature. Battery is a Class A misdemeanor (less than one year in jail and a fine up to $2,500). It becomes aggravated battery, generally a Class 3 felony (2 to 5 years), when it causes great bodily harm or permanent disability or disfigurement, involves strangling, or targets protected victims or places listed in the statute. Some forms are more serious: for example, great bodily harm to a person 60 or older is a Class 2 felony, great bodily harm to an on-duty peace officer or firefighter is a Class 1 felony, and strangling is a Class 1 felony if a dangerous instrument was used, great bodily harm resulted, or the person has a prior strangulation conviction. Aggravated battery: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-3.05.htm |
| Domestic violence | Hitting or making insulting or provoking physical contact with a family or household member is a separate crime called domestic battery, a Class A misdemeanor (less than one year in jail, fine up to $2,500). It is a Class 4 felony with a prior conviction for violating an order of protection, for one of several listed violent offenses against a family or household member, or with 1 or 2 prior domestic battery convictions; a Class 3 felony with 3 prior domestic battery convictions; and a Class 2 felony with 4 or more. Any second or subsequent conviction carries a mandatory minimum of 72 consecutive hours in jail. Causing great bodily harm, permanent disability or disfigurement, or strangling the victim is aggravated domestic battery, a Class 2 felony (3 to 7 years) with at least 60 consecutive days in jail even on probation. Aggravated domestic battery: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-3.3.htm. Committing felony domestic battery or aggravated domestic battery in the presence of a child adds a mandatory minimum of 10 days in jail or 300 hours of community service, or both (12-3.2(c)). |
| Harassment and stalking | Online harassment is called harassment through electronic communications in Illinois: using electronic communication to make obscene comments to offend, threaten injury to someone or their family or property, disrupt their phone or device service, or harass a child under 13. A first offense is a Class B misdemeanor (up to 6 months), a second is a Class A misdemeanor with a minimum of 14 days in jail or 240 hours of community service, and it is a Class 4 felony in listed cases such as a threat to kill, a prior offense against the same victim, a violation while under an order of protection or on release, or an adult harassing a minor. Stalking (a course of conduct that would make a reasonable person fear for safety or suffer emotional distress) and cyberstalking (the same done electronically) are Class 4 felonies (1 to 3 years), and Class 3 felonies on a second conviction. Aggravated stalking, which involves causing bodily harm, confining the victim, or violating a protective order, is a Class 3 felony (2 to 5 years), and a Class 2 felony on a second conviction. Sentence for harassment: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K26.5-5.htm; stalking: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-7.3.htm; cyberstalking: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-7.5.htm; aggravated stalking: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-7.4.htm |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Shoplifting is called retail theft in Illinois. Retail theft of merchandise worth $300 or less ($150 or less for motor fuel) is a Class A misdemeanor (less than one year in jail, fine up to $2,500); ordinary theft of property worth $500 or less, not from the person, is also a Class A misdemeanor. A repeat offense becomes a felony: retail theft of $300 or less is a Class 4 felony (1 to 3 years) if the person has a prior conviction for any type of theft, robbery, burglary, home invasion, unlawful use of a credit card or forgery, among others. Using a theft-detection shielding device is a Class 4 felony on a second offense, and leaving through an emergency exit to commit retail theft is a Class 4 felony even for $300 or less. Merchants can sue in civil court for the retail value plus $100 to $1,000, attorney's fees and court costs, even without a criminal conviction. Civil liability: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K16-27.htm; theft: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K16-1.htm. Retail theft over $300 ($150 motor fuel) is a Class 3 felony (16-25(f)(3)); higher theft value tiers are in data/criminal. |
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| Burglary and robbery | Burglary means entering or staying in a building, housetrailer, vehicle, watercraft, aircraft, railroad car or freight container without authority, intending to commit a felony or theft. Burglary of a building is a Class 2 felony (3 to 7 years); burglary of a vehicle or similar without causing damage is a Class 3 felony (2 to 5 years); and burglary of a school, child care setting or place of worship is a Class 1 felony (4 to 15 years). Breaking into someone's home is residential burglary, a Class 1 felony. Robbery means taking property from a person by force or by threatening force; it is a Class 2 felony, or a Class 1 felony if the victim is 60 or older or has a physical disability, or if it happens in a school, child care setting or place of worship. Aggravated robbery (claiming to be armed, or drugging the victim) is a Class 1 felony, and armed robbery is a Class X felony (6 to 30 years), with 15, 20, or 25 years to life added when a firearm is carried, discharged, or discharged causing great bodily harm or death. Residential burglary: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K19-3.htm; robbery: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K18-1.htm; armed robbery: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K18-2.htm. 19-1 and 18-1 as amended by P.A. 104-480, eff. 7-1-26 (early care and education settings). |
| Vandalism (property damage) | Vandalism is called criminal damage to property in Illinois. Knowingly damaging someone else's property is a Class A misdemeanor (less than one year in jail, fine up to $2,500) when the damage is $500 or less, a Class 4 felony when it exceeds $500 but not $10,000, a Class 3 felony when it exceeds $10,000 but not $100,000, and a Class 2 felony when it exceeds $100,000. When the property belongs to a school or place of worship, is farm equipment or agricultural property, or memorializes police, firefighters, armed forces members or veterans, these become a Class 4 felony ($500 or less), Class 3 felony (over $500 to $10,000), Class 2 felony (over $10,000 to $100,000) and Class 1 felony (over $100,000). When damage exceeds $10,000, the court must impose a fine equal to the value of the damage, and every conviction carries 30 to 120 hours of community service where available. Tampering with or opening a fire hydrant without authorization is a Class B misdemeanor (21-1(d)(1)(A)). No separate graffiti statute was read for this record. |
| Trespassing | Criminal trespass to real property covers knowingly entering or staying in a building without lawful authority, entering land after being told (in person, in writing, or by posted signs) that entry is forbidden, staying on land after being told to leave, or using false identity to get permission to enter. These are Class B misdemeanors (up to 6 months in jail, fine up to $1,500). Driving a motor vehicle onto cropland, a livestock area or an orchard after notice is a Class A misdemeanor (less than one year, fine up to $2,500), and the landowner can also sue for damages. Owners may post land with purple paint marks on trees or posts as notice (except in Chicago), and the law does not apply to buildings open to the public during normal hours or to emergencies. Criminal trespass to a residence (720 ILCS 5/19-4) was not read for this record. |
Drugs and driving crimes
| Drug possession | Possessing a controlled or counterfeit substance (other than methamphetamine or anabolic steroids) in an amount below the large-quantity thresholds is a Class 4 felony (1 to 3 years), with a fine of not more than $25,000. Larger amounts are Class 1 felonies with longer ranges; for example, 15 grams or more but less than 100 grams of a substance containing heroin or cocaine carries 4 to 15 years. Possessing drug paraphernalia with intent to use it with a controlled substance is a Class A misdemeanor with a minimum fine of $750. A first-time offender with no prior drug felony may get 24 months of probation without a conviction being entered (so-called 410 probation); if completed, the case is dismissed, and a person may get only one such dismissal within 4 years. Paraphernalia: https://www.ilga.gov/Documents/legislation/ilcs/documents/072006000K3.5.htm; first-offender probation: https://www.ilga.gov/Documents/legislation/ilcs/documents/072005700K410.htm. Possession of any amount of anabolic steroid is a Class C misdemeanor for a first offense (402(d)). |
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| Hit and run | Leaving the scene of a crash is often called hit and run. A driver in a crash that damages only an attended vehicle must stop and remain at the scene until the requirements of 625 ILCS 5/11-403 are met; failing to do so is a Class A misdemeanor (less than one year in jail, fine up to $2,500), and the license is suspended if the damage exceeds $1,000. If anyone is injured or killed, failing to stop and remain is a Class 4 felony (1 to 3 years). A driver who left must report the crash to police within one-half hour; failing to report is a Class 2 felony (3 to 7 years), or a Class 1 felony (4 to 15 years) if someone died. A conviction in an injury or death case leads to license revocation. Property damage only: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-402.htm |
| Reckless driving | Reckless driving means driving with willful or wanton disregard for the safety of people or property, or deliberately using a hill, bridge approach or railroad crossing to make a vehicle airborne. It is a Class A misdemeanor (less than one year in jail, fine up to $2,500). It is a Class 4 felony (1 to 3 years) if it causes bodily harm to a child or an on-duty school crossing guard. Causing great bodily harm or permanent disability or disfigurement is aggravated reckless driving, a Class 4 felony, or a Class 3 felony (2 to 5 years) when the victim is a child or an on-duty school crossing guard. |
Arrests, court dates and probation
| Resisting arrest | Knowingly resisting arrest, or obstructing a known peace officer, firefighter or correctional employee in an authorized act, is called resisting or obstructing a peace officer, a Class A misdemeanor (less than one year in jail, fine up to $2,500), with a minimum of 48 consecutive hours in jail or at least 100 hours of community service. It is a Class 4 felony (1 to 3 years) if it causes injury to the officer, firefighter or correctional employee. A person cannot be arrested for resisting arrest alone unless there was an underlying offense. In a vehicle, fleeing or attempting to elude a police officer after a signal to stop is a Class A misdemeanor with a license suspension, and a third or later violation is a Class 4 felony. Aggravated fleeing (21 mph or more over the limit, causing injury, more than $300 in property damage, disobeying 2 or more traffic control devices, or concealing the license plate) is a Class 4 felony, a Class 3 felony for a second offense, with license revocation. Fleeing: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-204.htm; aggravated fleeing: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-204.1.htm |
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| Missing a court date | Illinois no longer charges missing court as a separate bail-jumping crime: the subsection of the Criminal Code that used to cover it now reads "(Blank)," and the remaining section punishes other pretrial-release violations (for example, possessing a firearm in violation of release conditions is a Class 4 felony, and violating release conditions in a domestic case is a Class A misdemeanor). When a person on pretrial release fails to appear, the court may issue a summons or a warrant for arrest, and the law prefers summonses over warrants whenever possible. A person who comes to court within 48 hours of being served with a failure-to-appear summons is not recorded as having missed the first date. If a person willfully violates release conditions, including by failing to appear, the court may hold a sanctions hearing; sanctions can include an admonishment, up to 30 days in county jail, or changed release conditions. Former bail-jumping subsection now blank: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K32-10.htm ; sanctions: https://www.ilga.gov/Documents/legislation/ilcs/documents/072500050K110-6.htm |
| Probation violation | A judge decides probation violations after a petition is filed. The court may send a notice, issue a summons, or issue an arrest warrant if the person may flee, may cause serious harm, or fails to answer a summons; filing and service pauses (tolls) the probation term. The court must hold a hearing in open court, with the right to counsel, confrontation and cross-examination, and the State must prove the violation by a preponderance of the evidence. If a violation is found, the court may continue probation with or without changing or adding conditions, or impose any other sentence that was available at the original sentencing. Probation cannot be revoked for failure to pay money unless the failure is a willful refusal to pay, and for minor technical violations the probation agency may instead offer intermediate sanctions. Source: 730 ILCS 5/5-6-4(a)-(e), (i) |
| Obstruction of justice | Obstructing justice is knowingly destroying, hiding or planting evidence, giving false information, getting a witness to leave the state or hide, or leaving or hiding oneself while having material knowledge, all with intent to prevent someone's arrest or obstruct a prosecution or defense. It is a Class 4 felony (1 to 3 years), or a Class 3 felony when done to further gang activity. Witness tampering, called communicating with jurors and witnesses, is a Class 3 felony when someone uses force, threats, false information, or money to deter a party or witness from testifying truthfully; trying to influence a juror is a Class 4 felony. Harassing or threatening a juror or witness because of their verdict or testimony is a Class 2 felony. Witness/juror tampering: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K32-4.htm ; harassment of jurors and witnesses: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K32-4a.htm . Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm |
| Perjury (lying under oath) | Perjury is making a false statement, material to the issue, under oath or affirmation in a proceeding or other matter where the oath is required by law, knowing the statement is false. Perjury is a Class 3 felony, punishable by 2 to 5 years in prison. When a person makes contradictory sworn statements, the prosecution does not need to prove which one is false, but admitting the falsity during the same continuous trial bars prosecution. Class 3 felony range: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-40.htm |
Public conduct crimes
| Public intoxication | Being drunk in public is not a crime in Illinois. State law says no county, municipality or political subdivision may adopt or enforce any law that includes being intoxicated as the sole basis of the offense. Laws against driving under the influence, operating boats, aircraft or machinery while impaired, and rules about where, when or by whom alcohol or drugs may be sold, bought or used are not affected. |
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| Disorderly conduct | Disorderly conduct covers knowingly acting in such an unreasonable manner as to alarm or disturb another and provoke a breach of the peace, plus making false reports such as false fire alarms, false 911 calls, false bomb threats, threats against a school, and peeping into a dwelling for a lewd purpose. The basic breach-of-the-peace form is a Class C misdemeanor (up to 30 days). Peeping and a false report to a public safety agency are Class A misdemeanors; a false fire alarm, school threat, false police report or false 911 call is a Class 4 felony; and a false bomb or poison-gas threat is a Class 3 felony with an added fine of $3,000 to $10,000. The court must also order 30 to 120 hours of community service where available. Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm |
| Indecent exposure | Indecent exposure is called public indecency in Illinois: a person 17 or older who, in a public place (anywhere the conduct may reasonably be expected to be viewed by others), performs a sexual act or makes a lewd exposure of the body intended to arouse or satisfy sexual desire. It is a Class A misdemeanor (less than one year in jail). A third or later violation is a Class 4 felony, as is public indecency by an adult on or within 500 feet of school grounds when children are present. Breastfeeding is not public indecency. A third or subsequent public indecency conviction is a sex offense that requires sex-offender registration. Registration: https://www.ilga.gov/Documents/legislation/ilcs/documents/073001500K2.htm . Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm |
| Prostitution and solicitation | Prostitution (performing, offering or agreeing to perform a sex act for anything of value) is a Class A misdemeanor; being a victim of trafficking is an affirmative defense, and anyone under 18 is immune from prosecution and treated as a possible abuse victim. Offering money or anything of value for a sex act, called solicitation of a sexual act, is also a Class A misdemeanor, but a Class 4 felony if the person solicited is under 18 or has a severe or profound intellectual disability. Actually engaging in a sex act with a person in the sex trade, called patronizing a person engaged in the sex trade, is a Class 4 felony (Class 3 within 1,000 feet of a school, or on a second or later sex-trade conviction). Prostitution is not legal anywhere in Illinois. Solicitation: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-14.1.htm ; patronizing: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-18.htm . Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm Source: 720 ILCS 5/11-14, 11-14.1, 11-18 |
| Gambling | Illinois law exempts many licensed forms of gambling from its gambling crime: the state lottery (including lottery tickets bought online through the state program), pari-mutuel horse-race betting, casino gambling under the Illinois Gambling Act, video gaming terminals at licensed establishments and truck stops, sports wagering (including online) under the Sports Wagering Act, fantasy contests, bingo, charitable games, raffles and poker runs, and pull tabs, each when conducted as those laws require. Other gambling, including playing a game of chance for money, illegal betting, bookmaking, or running an unlicensed Internet gambling site, is a Class A misdemeanor. A second or later conviction for the operator-type offenses (such as gambling devices, bookmaking, unlicensed lotteries or Internet gambling sites) is a Class 4 felony. Licensed casinos, video gaming and sports wagering are regulated by the Illinois Gaming Board under 230 ILCS 10, 230 ILCS 40 and 230 ILCS 45 (not separately reviewed here). |
Fraud, embezzlement and blackmail
| Embezzlement | Illinois has no separate embezzlement crime for most people; an employee or fiduciary who keeps or misuses someone else's money or property is charged with theft, which covers knowingly obtaining or exerting unauthorized control over another's property or obtaining it by deception. Theft is graded by value: not from the person and not exceeding $500 is a Class A misdemeanor (a Class 4 felony with certain prior convictions or in a school, place of worship, or of government property); exceeding $500 up to $10,000 is a Class 3 felony; exceeding $10,000 up to $100,000 is a Class 2 felony; exceeding $100,000 up to $500,000 is a Class 1 felony; exceeding $500,000 up to $1,000,000 is a non-probationable Class 1 felony; and exceeding $1,000,000 is a Class X felony. Theft by deception of $5,000 or more from a victim 60 or older or a person with a disability is a Class 2 felony. Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm |
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| Fraud and identity theft | Identity theft is knowingly using another person's identifying information or documents to fraudulently get credit, money, goods, services or property, or obtaining, possessing, selling or using such information to commit a felony or knowing it was stolen. It is always a felony: using someone's identity to obtain property not exceeding $300 is a Class 4 felony, over $300 up to $2,000 a Class 3 felony, over $2,000 up to $10,000 a Class 2 felony, over $10,000 up to $100,000 a Class 1 felony, and over $100,000 a Class X felony; most other forms are Class 3 felonies, with higher grades for repeat offenses, active-duty military victims, and three or more victims within 12 months. Aggravated identity theft applies when the victim is 60 or older or has a disability. Using a stolen, forged, expired or revoked credit or debit card with intent to defraud is a Class 4 felony if the value obtained or sought does not exceed $300 in any 6-month period, and a Class 3 felony above that. Credit/debit card fraud: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K17-36.htm . Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm |
| Forgery | Forgery is, with intent to defraud, knowingly making or altering a document so it is false and capable of defrauding someone, or issuing, delivering or possessing such a document to pass it, or misusing another person's digital or electronic signature. Forgery is generally a Class 3 felony (2 to 5 years); forging only one price-code label is a Class 4 felony, and forging an academic degree or a coin is a Class A misdemeanor. Writing a bad check knowing it will not be paid is a "deceptive practice": a Class A misdemeanor, but a Class 4 felony when the property obtained exceeds $150 (one check or several within 90 days) or on a second or later bad-check conviction. The person who gets a bad check may also sue for treble damages (at least $100, no more than $1,500) plus fees after a written demand goes unpaid for 30 days. Bad checks: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K17-1.htm . Class penalties (730 ILCS 5/5-4.5-25 to -65): Class X 6-30 years; Class 1 4-15 years; Class 2 3-7 years; Class 3 2-5 years; Class 4 1-3 years; Class A misdemeanor less than one year and up to $2,500; Class B up to 6 months; Class C up to 30 days. Class A misdemeanor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-55.htm ; Class 4 felony: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm |
| Blackmail (extortion) | Blackmail and extortion are mainly charged as intimidation in Illinois: communicating a threat, with intent to make someone do or not do something, to physically harm a person or property, confine someone, commit a felony or Class A misdemeanor, accuse someone of a crime, expose someone to hatred, contempt or ridicule, misuse official power, or start a strike or boycott. Intimidation is a Class 3 felony for which the offender may be sentenced to not less than 2 years and not more than 10 years in prison. Obtaining property by threat is also theft, graded by value. Theft by threat: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K16-1.htm |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | First degree murder is killing someone without lawful justification while intending to kill or do great bodily harm (or knowing the acts will cause death), knowing the acts create a strong probability of death or great bodily harm, or causing a death during a forcible felony (felony murder). The sentence is 20 to 60 years in prison, 60 to 100 years with an extended term, or natural life imprisonment where Section 5-8-1 allows it (for example exceptionally brutal or heinous behavior or listed aggravating factors); probation is not allowed. Second degree murder is first degree murder committed under a sudden and intense passion from serious provocation, or with an unreasonable belief that the killing was justified; it is a Class 1 felony (4 to 20 years for second degree murder). Illinois abolished the death penalty effective July 1, 2011. Read on ilga.gov in the browser on 2026-10-27. Second degree: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K9-2.htm; sentence: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-20.htm; death penalty abolished: https://www.ilga.gov/Documents/legislation/ilcs/documents/072500050K119-1.htm. |
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| Manslaughter (voluntary, involuntary, vehicular) | In Illinois, a killing in sudden intense passion from serious provocation is second degree murder, a Class 1 felony (4 to 20 years). Involuntary manslaughter is unintentionally killing someone by acts likely to cause death or great bodily harm that are performed recklessly; when the death is caused by driving a vehicle (or a snowmobile, ATV or watercraft) the offense is reckless homicide. Both are Class 3 felonies (2 to 5 years), but reckless homicide becomes a Class 2 felony with 3 to 14 years in listed situations such as school crossing zones with a guard on duty, construction zones or fleeing police, and 6 to 28 years when two or more people are killed. A DUI crash that kills someone is aggravated DUI, a Class 2 felony with 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances requiring probation. Read on ilga.gov in the browser on 2026-10-27. Aggravated DUI: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-501.htm. |
| Child endangerment | Endangering the life or health of a child is knowingly causing or permitting a child under 18's life or health to be endangered, or placing a child in circumstances that endanger the child's life or health; a child 6 or younger left in a car for more than 10 minutes without a person 14 or older in sight may be inferred to be unattended. A first offense is a Class A misdemeanor (less than one year in jail and up to $2,500). A second or subsequent offense is a Class 3 felony (2 to 5 years), and an offense that is a proximate cause of the child's death is a Class 3 felony with 2 to 10 years. An amendment effective January 1, 2027 (P.A. 104-832) also makes it a Class 3 felony after a prior conviction for a substantially equivalent offense in another state. Read on ilga.gov in the browser on 2026-10-27. ilga.gov shows both the current text and the text after amendment by P.A. 104-832 (eff. 1-1-27). |
| Arson | Arson is knowingly using fire or explosives to damage another's real property, or another's personal property worth $150 or more, without consent, or damaging property to defraud an insurer; it is a Class 2 felony (3 to 7 years). Residential arson (damaging another's dwelling) and place of worship arson are Class 1 felonies (4 to 15 years). Aggravated arson, a Class X felony (6 to 30 years), is arson that damages a building, structure, school, house trailer, watercraft, vehicle or railroad car when the offender knows or should know people are inside, someone suffers great bodily harm or permanent disability or disfigurement, or a firefighter, police officer or correctional officer on duty is injured. Read on ilga.gov in the browser on 2026-10-27. Aggravated arson: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K20-1.1.htm. |
| Human trafficking | Illinois's trafficking law covers involuntary servitude (forced labor or services), involuntary sexual servitude of a minor, and trafficking in persons. Involuntary servitude ranges from a Class X felony (6 to 30 years) when obtained by causing or threatening physical harm, down to Class 1 through Class 4 felonies for restraint, abuse of legal process, taking identity documents, or intimidation and financial control. Recruiting or obtaining a minor for commercial sex is a Class X felony when the minor is under 17 or force or threats are used, and a Class 1 felony when the minor is 17 and there is no force or threat. Trafficking in persons (recruiting, transporting or harboring someone for involuntary servitude, or knowingly profiting from such a venture) is a Class 1 felony (4 to 15 years); any of these offenses involving kidnapping, aggravated criminal sexual assault or attempted murder is a Class X felony, and restitution is mandatory. Read on ilga.gov in the browser on 2026-10-27. |
| Money laundering | Money laundering is conducting a financial transaction with property known to be proceeds of unlawful activity to promote that activity, to hide its source or ownership, or to avoid a state reporting requirement (and related transfers of monetary instruments). Grades depend on the value laundered: up to $10,000 is a Class 3 felony (2 to 5 years); over $10,000 up to $100,000 is a Class 2 felony (3 to 7 years); over $100,000 up to $500,000 is a Class 1 felony (4 to 15 years); and over $500,000 is a non-probationable Class 1 felony. Laundering meant to promote a specified criminal activity under subsection (a)(2) is a Class X felony (6 to 30 years). Read on ilga.gov in the browser on 2026-10-27. |
Online crimes and teens
| Revenge porn (sharing intimate images) | Illinois makes non-consensual dissemination of private sexual images a crime: intentionally sharing an image of an identifiable person engaged in a sexual act or with intimate parts exposed, when the image was obtained under circumstances where it was to remain private and the sharer knew or should have known the person did not consent. It is a Class 4 felony (1 to 3 years), with forfeiture, and there are exceptions for criminal investigations, reporting unlawful conduct, voluntary public or commercial exposure and lawful public purposes. Victims can also sue under the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, which covers intentional sharing or threatened sharing of private or intentionally digitally altered sexual images by a person over 18. Read on ilga.gov in the browser on 2026-10-27. Civil action: https://www.ilga.gov/Documents/legislation/ilcs/documents/074001900K10.htm. |
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| Cyberbullying | Harassment through electronic communications includes sending (or getting someone to send) an electronic communication to harass a child under 13 when the sender is 16 or older, as well as obscene messages meant to offend, threats of injury, and interrupting someone's phone or electronic service to harass. It is normally a Class B misdemeanor (up to 6 months) and a Class A misdemeanor for a repeat offense, but harassing a child under 13 this way, or any electronic harassment by an adult of a victim under 18, is a Class 4 felony (1 to 3 years). Separately, the School Code requires schools to address bullying, which it defines to include cyber-bullying, but that law sets school policy rather than a criminal penalty. Read on ilga.gov in the browser on 2026-10-27. Sentence: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K26.5-5.htm; school bullying law (renumbered from 105 ILCS 5/27-23.7 by P.A. 104-391): https://www.ilga.gov/Documents/legislation/ilcs/documents/010500050K22-110.htm. |
| Sexting by minors | Illinois has a special rule for minors: a person under 18 may not send or share an indecent visual depiction (a lewd image of unclothed or transparently clothed private parts) of another minor by computer or phone. A minor who does so can be adjudicated a 'minor in need of supervision' in juvenile court and ordered to get counseling or other services or to perform community service. The law states that it does not prevent prosecution for other offenses such as disorderly conduct, child sexual abuse material or electronic harassment. Read on ilga.gov in the browser on 2026-10-27. Source: 705 ILCS 405/3-40 |
| Underage drinking and fake IDs | A person under 21 may not buy, accept a gift of, possess or drink alcohol, and no one may transfer, alter or deface an ID, use another person's ID, carry or use a false or forged ID, or get an ID with false information. Violating these rules of the Liquor Control Act is a Class A misdemeanor (less than one year in jail and up to $2,500). Exceptions include religious services, drinking at home under a parent's direct supervision, culinary students tasting in class, and immunity for possession or consumption when the person called for medical help for someone else or reported a sexual assault and cooperated. A driver under 21 convicted of carrying open alcohol in a vehicle is subject to loss of driving privileges. Read on ilga.gov in the browser on 2026-10-27. The length of the driver's license suspension for under-21 offenses (625 ILCS 5/6-205, 6-206) was not read. The Illinois State Police page (https://isp.illinois.gov/TrafficSafety/TeenageDui) describes zero-tolerance suspensions for under-21 drivers who drink. |
| Animal cruelty | Under the Humane Care for Animals Act no person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse an animal, abandon an animal, or leave a companion dog or cat in life-threatening extreme heat or cold that causes injury, death or conditions such as hypothermia or frostbite. Cruel treatment is a Class A misdemeanor, and a second or subsequent conviction is a Class 4 felony (1 to 3 years); abusing a companion animal in front of a child adds a $250 fine and at least 100 hours of community service. Aggravated cruelty (intentionally causing a companion animal serious injury or death) is a Class 4 felony, and a repeat offense is a Class 3 felony. Animal torture is a Class 3 felony (2 to 5 years) with a required psychological evaluation and treatment. Read on ilga.gov in the browser on 2026-10-27. Aggravated cruelty: https://www.ilga.gov/Documents/legislation/ilcs/documents/051000700K3.02.htm; torture: https://www.ilga.gov/Documents/legislation/ilcs/documents/051000700K3.03.htm. |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while your license, permit or driving privilege is suspended or revoked is a Class A misdemeanor (less than one year in jail and up to $2,500). A second conviction requires at least 100 hours of community service, and a third or later conviction at least 30 days in jail or 300 hours of community service. It becomes a Class 4 felony (1 to 3 years) in listed cases, including a repeat violation that causes a crash with injury or death, driving while revoked for reckless homicide or a fatal aggravated DUI, and second or third violations where the suspension was for DUI or leaving the scene of an injury crash. If the suspension was for DUI, a statutory summary suspension or leaving the scene, the court must impose at least 10 days in jail or 30 days of community service, and the Secretary of State extends the suspension or delays a new license. Read on ilga.gov in the browser on 2026-10-27. Some suspensions (e.g., for unpaid parking or insurance under 6-306.5 or 7-702) lead only to a Uniform Traffic Citation unless 3 or more go unpaid (6-303(a-7)). |
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| Driving without a license | No one may drive a motor vehicle on an Illinois highway without a valid license or permit. Driving when you have never been issued a license, or are too young to get one, or with a license expired more than one year, is a Class B misdemeanor (up to 6 months in jail and up to $1,500); failing to get a license after a revocation period ends is a Class A misdemeanor. Drivers must have their license in immediate possession and show it to police on demand, but a person charged with not carrying it cannot be convicted if they show in court that a valid license had been issued to them. A driver without a license who is also uninsured has the vehicle impounded. Read on ilga.gov in the browser on 2026-10-27. Penalties: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K6-601.htm; carrying: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K6-112.htm. Violations of Chapter 6 with no other penalty are petty offenses with a fine up to $500 (6-601(a)-(b)). |
| Open container in a car | No driver and no passenger may carry, possess or have alcohol in the passenger area of a motor vehicle on a highway unless it is in the original container with the seal unbroken. Passengers in a limousine, a chartered bus or a motor home are exempt, but the driver of such a vehicle may not have alcohol in the driver's area. The offense is a petty offense (fine up to $1,000, no jail); a driver convicted a second time within one year faces suspension of driving privileges, and a driver under 21 faces loss of driving privileges on conviction. Read on ilga.gov in the browser on 2026-10-27. Grade from 625 ILCS 5/11-202 (petty offense unless otherwise declared; 11-502 sets no other grade). The Illinois State Police summary (https://isp.illinois.gov/TrafficSafety/OtherAlcoholOffenses) describes the same maximum $1,000 fine and point-assigned violation. |
| Jaywalking | Pedestrians crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. A pedestrian may not suddenly leave a curb into the path of a vehicle that is too close to stop, and drivers must stop and yield to pedestrians in a crosswalk where there are no working signals. Violating these Vehicle Code rules is a petty offense unless the Chapter says otherwise, with a fine of up to $1,000 (minimum $75 unless the law says otherwise) and no jail. Read on ilga.gov in the browser on 2026-10-27. Crosswalk right-of-way: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-1002.htm; petty offense: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-202.htm; petty offense fine: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-75.htm. Local ordinances may set their own fines. |
| Knife laws | It is illegal to sell, make, buy, possess or carry a switchblade knife (blade opens automatically by a button, spring or other device in the handle) or a ballistic knife (blade shot out by a spring, elastic or gas), along with throwing stars and metal knuckles; this is a Class A misdemeanor. Carrying or possessing a dagger, dirk, dangerous knife, razor or stiletto with intent to use it unlawfully against another is also a Class A misdemeanor. These offenses become Class 4 felonies (1 to 3 years) when committed in a school, on school property or a school bus, in a public park, courthouse, public housing property or public transit vehicle, or on a public way within 1,000 feet of those places. Carrying a deadly weapon in a place licensed to sell alcohol or at a licensed or paid-admission public gathering, or carrying a ballistic knife while masked, is a Class 4 felony. Read on ilga.gov in the browser on 2026-10-27. Exemptions in 720 ILCS 5/24-2 were searched for knife provisions; none found. |
| Fireworks | Illinois makes it unlawful to knowingly possess, sell or use display fireworks, flame effects or consumer fireworks, except that cities, villages and (outside them) counties may adopt rules for granting display permits. A consumer display permit can go only to an adult who has completed a State Fire Marshal-approved consumer fireworks training class, after a fire-department site inspection, and the fireworks may then be bought, possessed and used only for that display. Sparklers, snakes and glow worms, smoke devices, party poppers, snappers and toy caps are not 'consumer fireworks' and may be sold and used at all times. Violating the Pyrotechnic Use Act is a Class A misdemeanor (less than one year in jail and up to $2,500), and illegally possessed fireworks can be seized and destroyed by court order. Read on ilga.gov in the browser on 2026-10-27. Definitions: https://www.ilga.gov/Documents/legislation/ilcs/documents/042500350K1.htm; consumer displays: https://www.ilga.gov/Documents/legislation/ilcs/documents/042500350K2.2.htm; penalty: https://www.ilga.gov/Documents/legislation/ilcs/documents/042500350K5.htm. The State Fire Marshal's approved-item list (ground-mounted 1.4G items; no hand-held items, bottle rockets, firecrackers, Roman candles or sky lanterns) comes from its rules and notices, not the Act: https://sfm.illinois.gov/content/dam/soi/en/web/sfm/sfmdocuments/documents/fireworksnoticetolawenforcementagencies.pdf |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping means knowingly and secretly confining someone against their will, or moving them by force, threat, deceit or enticement with intent to secretly confine them; confining a child under 13 or a person with a severe or profound intellectual disability without a parent's or guardian's consent counts as against their will. Kidnapping is a Class 2 felony (3 to 7 years). Aggravated kidnaping (kidnapping for ransom, of a child under 13, with great bodily harm or another felony, while masked, or while armed) is a Class X felony (6 to 30 years); being armed with a firearm adds 15 years, discharging one adds 20 years, and causing great bodily harm or death by discharging one adds 25 years to life. An adult's second aggravated kidnaping conviction carries natural life. Unlawful restraint (knowingly detaining someone without legal authority) is a Class 4 felony (1 to 3 years), and aggravated unlawful restraint (using a deadly weapon) is a Class 3 felony (2 to 5 years). Aggravated kidnaping: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K10-2.htm ; unlawful restraint: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K10-3.htm ; aggravated unlawful restraint: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K10-3.1.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
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| Criminal threats (terroristic threats) | Illinois has no single 'criminal threats' crime; threats are covered by several offenses. Assault (knowingly making someone reasonably fear being hit) is a Class C misdemeanor (up to 30 days) with 30 to 120 hours of community service. Aggravated assault (for example using a deadly weapon, targeting certain protected people, or wearing a mask) is usually a Class A misdemeanor (under 1 year), but it is a Class 4 felony (1 to 3 years) in some cases such as discharging a firearm, and a Class 3 felony (2 to 5 years) for discharging a firearm from a motor vehicle. Threatening a public official or human service provider with bodily harm, sexual assault, confinement or property damage, because of their duties, is a Class 3 felony for a first offense and a Class 2 felony (3 to 7 years) for a repeat offense. Making a terrorist threat meant to intimidate or coerce a significant portion of a civilian population is a Class X felony (6 to 30 years). Assault: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-1.htm ; threatening public officials: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-9.htm (the ilga.gov page shows text before and after amendment by P.A. 104-465; subsection (c) grades are the same in both) ; terrorist threat: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K29D-20.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Sexual assault and rape | Illinois calls rape 'criminal sexual assault': sexual penetration by force or threat of force, when the person knows the victim cannot understand the act or give knowing consent, by a family member with a victim under 18, or by someone 17 or older in a position of trust, authority or supervision over a victim 13 to 17. It is a Class 1 felony (4 to 15 years); a repeat conviction for the force or incapacity forms is a Class X felony with 30 to 60 years, and natural life after a prior aggravated or predatory conviction. Aggravated criminal sexual assault (for example with a weapon, causing bodily harm, endangering life, or during another felony) is a Class X felony (6 to 30 years), with 10, 15, 20 or 25-years-to-life added depending on use of a dangerous weapon or firearm. Sexual touching (sexual conduct) by force or with a victim unable to consent is criminal sexual abuse, a Class 4 felony (1 to 3 years; Class 2 for a repeat), and aggravated criminal sexual abuse is a Class 2 felony (3 to 7 years). Offenses based only on the victim's age are covered on the age-of-consent page. Aggravated criminal sexual assault: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-1.30.htm ; criminal sexual abuse: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-1.50.htm ; aggravated criminal sexual abuse: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-1.60.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Child molestation (child sexual abuse) | Predatory criminal sexual assault of a child (a person 17 or older having sexual contact or penetration with a child under 13) is a Class X felony with 6 to 60 years; being armed with a firearm adds 15 years and discharging one adds 20 years, causing life-threatening or permanently disabling great bodily harm brings 50 years to natural life for an adult, and an adult convicted of offenses against 2 or more children receives natural life. Sexual penetration by someone under 17 with a child under 9 (or 9 to 12 by force) is aggravated criminal sexual assault, a Class X felony. Sexual touching of a child under 13 by someone 17 or older, of a 13- to 16-year-old by force, or of a child under 18 by a family member is aggravated criminal sexual abuse, a Class 2 felony (3 to 7 years); it is a Class 1 felony (4 to 15 years) when someone 17 or older in a position of trust, authority or supervision touches a victim under 18. Sexual penetration by a family member of a victim under 18 is criminal sexual assault, a Class 1 felony. Aggravated criminal sexual assault: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-1.30.htm ; aggravated criminal sexual abuse: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-1.60.htm ; criminal sexual assault: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-1.20.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Child pornography (child sexual abuse material) | Illinois now names this offense 'child sexual abuse material' (formerly child pornography). Possessing material depicting a child under 18 (or a person with a severe or profound intellectual disability) in sexual acts or poses is a Class 3 felony (2 to 5 years), or a Class 2 felony (3 to 7 years) if it is a film or other moving depiction or the child is under 13. Producing it, disseminating or possessing it with intent to disseminate, using or enticing a child to appear in it, or a parent or guardian permitting it, is a Class 1 felony (4 to 15 years), or a Class X felony (6 to 30 years) for moving depictions or a child under 13. Each offense carries a mandatory minimum fine of $1,000 to $2,000 and a maximum of $100,000, and each separate image is a separate violation. A separate crime covers obscene depictions of a 'purported child', including computer-generated images indistinguishable from a real child: receiving or accessing them is a Class 3 felony and disseminating them a Class 1 felony, with higher grades for repeat offenses or depictions indistinguishable from a child under 13. Obscene depiction of a purported child: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-20.4.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Online solicitation of a minor | Indecent solicitation of a child: a person 17 or older who knowingly solicits a child under 17 (or someone believed to be one), by any means including phone, computer or advertisement, to perform a sexual act, intending a sex offense, commits a Class 1, 2 or 3 felony depending on the act sought; knowingly discussing a sexual act with a child over the Internet with that intent is a Class 4 felony (1 to 3 years). Solicitation to meet a child (an adult using a computer, phone or other device to arrange to meet a child under 17 without a parent's knowledge for an unlawful purpose) is a Class A misdemeanor, or a Class 4 felony if the solicitor believes they are 5 or more years older. Grooming (someone 5 or more years older, or in a position of trust, using electronic communications, written messages or other conduct to lure a child under 17 into a sex offense or unlawful sexual conduct) is a Class 4 felony. Solicitation to meet a child: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-6.6.htm ; grooming: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K11-25.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Sex offender registration | People convicted of listed sex offenses (including attempts and similar out-of-state, federal or military offenses), and certain people found not guilty by reason of insanity, must register in person with the Illinois State Police through local law enforcement within 3 days of establishing a residence, job, school or temporary domicile in any county, giving their address, employment, phone numbers, online identities and other details. Registration lasts 10 years for most offenders; it is for life for 'sexual predators' (for example people convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse or child sexual abuse material), sexually dangerous or sexually violent persons, and people who were already required to register before. Failing to register or comply, or giving false information, is a Class 3 felony (2 to 5 years), and a Class 2 felony (3 to 7 years) for a repeat violation, with a mandatory minimum of 7 days in jail and a $500 minimum fine. Definitions: https://www.ilga.gov/Documents/legislation/ilcs/documents/073001500K2.htm ; duration: https://www.ilga.gov/Documents/legislation/ilcs/documents/073001500K7.htm ; penalty: https://www.ilga.gov/Documents/legislation/ilcs/documents/073001500K10.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a car is charged as theft, graded by the vehicle's value (for example more than $500 up to $10,000 is a Class 3 felony, more than $10,000 up to $100,000 a Class 2 felony). The Vehicle Code adds separate crimes: knowingly receiving, possessing, concealing, selling or transferring a stolen or converted vehicle or essential part, or altering or removing a vehicle identification number, is a Class 2 felony (3 to 7 years). The aggravated version (for example 3 or more stolen vehicles or parts within a year, a stolen vehicle worth $25,000 or more, a stolen police vehicle, or fleeing police in a vehicle the driver knows is stolen) is a Class 1 felony (4 to 15 years). Tampering with a vehicle, going into it or trying to set it in motion without authority (often called joyriding) is a Class A misdemeanor for a first offense and a Class 4 felony for a second. Aggravated vehicle offenses: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K4-103.2.htm ; tampering: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K4-102.htm ; theft grades: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K16-1.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
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| Receiving stolen property | Receiving stolen property is a form of theft in Illinois: obtaining control over stolen property knowing it was stolen, or in circumstances that would reasonably make a person believe it was stolen. Grades follow the theft value tiers: up to $500 is a Class A misdemeanor (under 1 year), or a Class 4 felony with a prior theft-type conviction; more than $500 up to $10,000 is a Class 3 felony (2 to 5 years); more than $10,000 up to $100,000 is a Class 2 felony (3 to 7 years); more than $100,000 up to $500,000 is a Class 1 felony (4 to 15 years); more than $500,000 up to $1,000,000 is a non-probationable Class 1 felony; and more than $1,000,000 is a Class X felony (6 to 30 years). Grades are one step higher if the property was taken from a school, place of worship or the government. Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Organized retail theft | Illinois has a crime of organized retail crime. Committing retail theft together with others and, during the theft or flight, committing an assault or certain batteries on the store premises or damaging store property is a Class 3 felony (2 to 5 years), or a Class 2 felony (3 to 7 years) for a battery causing bodily harm. Recruiting, organizing, financing or directing others to steal merchandise worth more than $300 in total for resale (or to steal it in transit, fence it, or traffic in fraudulent-return goods) is a Class 2 felony. Ordinary retail theft can also be aggregated: thefts by one person over $300 ($150 for motor fuel) in a single transaction, or in separate transactions as a continuing course of conduct from one or more stores over one year, are a Class 3 felony; smaller retail thefts are a Class A misdemeanor (a Class 4 felony with a prior theft-type conviction). Retail theft: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K16-25.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Drug trafficking and intent to distribute | Illinois punishes manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance by drug type and weight. For heroin, cocaine, fentanyl and morphine, 15 to under 100 grams is a Class X felony with 6 to 30 years; 100 to under 400 grams, 9 to 40 years; 400 to under 900 grams, 12 to 50 years; and 900 grams or more, 15 to 60 years, with possible fines up to $500,000 or the street value for 100 grams or more of heroin, cocaine or morphine. One to under 15 grams of heroin, fentanyl or cocaine is a Class 1 felony (4 to 15 years; fine up to $250,000). Other amounts of Schedule I or II narcotics, LSD, amphetamine or fentanyl are a Class 2 felony, and other Schedule I-V amounts are Class 3 felonies. Controlled substance trafficking (bringing drugs into Illinois to manufacture or deliver them) carries a prison range of twice the minimum to twice the maximum for the amount, and delivering to someone under 18 or near places such as schools, parks, places of worship or truck stops raises the penalties. Methamphetamine and cannabis are covered by separate Acts. Trafficking: https://www.ilga.gov/Documents/legislation/ilcs/documents/072005700K401.1.htm ; enhanced zones and delivery to minors: https://www.ilga.gov/Documents/legislation/ilcs/documents/072005700K407.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Prescription drug fraud | Knowingly obtaining or attempting to obtain a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, or withholding information from a practitioner in order to get a controlled substance that was not prescribed (which covers 'doctor shopping'), is a Class 4 felony (1 to 3 years; fine up to $100,000) for a first offense and a Class 3 felony (2 to 5 years; fine up to $200,000) for each later offense. The same grades apply to using a fictitious, revoked or another person's registration number to make or distribute controlled substances and to falsifying required records. A registrant who dispenses or distributes outside the Act's rules commits a Class A misdemeanor for a first offense (Class 4 felony after that), and a practitioner can lose their professional license. Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
Driving and boating
| Vehicular assault | Illinois has no crime named vehicular assault. Driving under the influence and causing a crash that results in great bodily harm or permanent disability or disfigurement to another person is aggravated DUI, a Class 4 felony; if prison is imposed the term is 1 to 12 years. Aggravated DUI causing a death is a Class 2 felony with 3 to 14 years for one death (unless the court finds extraordinary circumstances requiring probation). Recklessly causing great bodily harm or permanent disability or disfigurement by any means (for example reckless driving) is reckless conduct, a Class 4 felony (1 to 3 years); reckless conduct causing bodily harm or endangering someone is a Class A misdemeanor. Reckless conduct: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-5.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
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| Street racing | Street racing (for example 2 or more vehicles racing side by side, a timed or course race, or trying to outdistance or block another vehicle), taking part in a street sideshow (blocking traffic for stunts, speed contests or exhibitions of speed), or slowing or stopping traffic to make either possible is a Class A misdemeanor (under 1 year) with a minimum $250 fine for a first offense and a Class 4 felony (1 to 3 years) with a minimum $500 fine for a second. A street-racing conviction leads to revocation of the driver's license. An owner who knowingly lets their vehicle be used for street racing or a sideshow commits a Class B misdemeanor (Class A for a repeat). Aggravated street racing, where the race causes a crash with great bodily harm or permanent disability or disfigurement, is a Class 4 felony with 1 to 12 years if prison is imposed. Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Boating under the influence (BUI) | Operating or being in actual physical control of a watercraft at the driving alcohol limit (0.08 or more), while under the influence of alcohol, drugs or intoxicating compounds, or at the driving limit for THC is prohibited. A first offense is a Class A misdemeanor (under 1 year; fine up to $2,500). It is a Class 4 felony with a prior conviction under this law, when operating while boating privileges are suspended or revoked for such an offense, or when it causes great bodily harm or permanent disability or disfigurement (1 to 12 years if prison is imposed for the injury case). Causing a death is a Class 2 felony with 3 to 14 years if prison is imposed. Having a child under 16 aboard brings a mandatory minimum $500 fine and 5 days of community service, and refusing or failing chemical testing can lead to suspension of watercraft operating privileges. 0.08 limit incorporated from the Vehicle Code: https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-501.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud is knowingly obtaining or trying to obtain an insurer's or self-insured entity's property through a false claim. Grades depend on the amount: $300 or less is a Class A misdemeanor (under 1 year); more than $300 up to $10,000 is a Class 3 felony (2 to 5 years); more than $10,000 up to $100,000 is a Class 2 felony (3 to 7 years); and more than $100,000 is a Class 1 felony (4 to 15 years). Committing insurance fraud 3 or more times within 18 months (aggravated insurance fraud) is a Class 1 felony regardless of amount, and organizing an aggravated insurance fraud conspiracy is a Class X felony (6 to 30 years). Health care benefits fraud against a private provider is a Class A misdemeanor, and restitution, including court costs and attorney's fees, is mandatory. Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
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| Welfare and unemployment fraud | Public aid (welfare) recipient fraud is obtaining or trying to obtain aid, including food stamp (SNAP) benefits, by a false statement, willful misrepresentation, failing to report a change in status, or another fraudulent device. Grades depend on the total amount, which can be added together: under $150 is a Class A misdemeanor; $150 to under $1,000 a Class 4 felony; $1,000 to under $5,000 a Class 3 felony; $5,000 to under $10,000 a Class 2 felony; and $10,000 or more a Class 1 felony, with ineligibility for aid for 2 years or until repaid, whichever comes first. Repeat offenses are graded one class higher. The recipient must refund the full amount, and a court may add a civil penalty up to the amount of aid. For unemployment benefits, knowingly making a false statement or hiding a material fact to get benefits requires repayment and makes the person ineligible for 6 more weeks for a first offense (2 more weeks per later offense), and a willful false statement to obtain benefits is a Class B misdemeanor (up to 6 months). Recipient fraud: https://www.ilga.gov/Documents/legislation/ilcs/documents/030500050K8A-2.htm ; civil remedies: https://www.ilga.gov/Documents/legislation/ilcs/documents/030500050K8A-7.htm ; unemployment repayment and ineligibility: https://www.ilga.gov/Documents/legislation/ilcs/documents/082004050K901.htm ; unemployment criminal penalty: https://www.ilga.gov/Documents/legislation/ilcs/documents/082004050K2800.htm (the ilga.gov page shows text before and after amendment by P.A. 104-839; the Class B misdemeanor grade is the same in both). Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Bribery | Bribery means offering or giving a public officer, public employee, juror or witness property or a personal advantage they are not allowed by law to accept, to influence their official acts; it also covers anyone who solicits, accepts or agrees to accept such a benefit. Bribery is a Class 2 felony (3 to 7 years). A public officer, employee or juror who fails to promptly report a bribe offer commits a Class A misdemeanor. Commercial bribery (offering a benefit to an employee, agent or fiduciary without the employer's consent to influence their conduct) and commercial bribe receiving are Class A misdemeanors with a fine up to $5,000 when the benefit is under $500,000, and Class 3 felonies (2 to 5 years) when it is $500,000 or more. Failure to report a bribe: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K33-2.htm ; commercial bribery: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K29A-1.htm , https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K29A-2.htm ; sentence: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K29A-3.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| State tax evasion | Under the Illinois Income Tax Act, willfully failing to file a return, filing a fraudulent return, or willfully trying to evade income tax or its payment (and a preparer knowingly entering false information) is a Class 4 felony (1 to 3 years) for a first offense and a Class 3 felony (2 to 5 years) for each later offense. Willfully breaking Department rules or failing to keep required records is a Class A misdemeanor, as is an agent willfully failing to pay over a taxpayer's money to the Department. Prosecution must start within 5 years. Under the Retailers' Occupation (sales) Tax Act, a retailer who fails to file or files a fraudulent return commits a Class 4 felony when the amount due is under $300 and a Class 3 felony when it is $300 or more. These are in addition to civil penalties. Failure to pay over: https://www.ilga.gov/Documents/legislation/ilcs/documents/003500050K1302.htm ; sales tax: https://www.ilga.gov/Documents/legislation/ilcs/documents/003501200K13.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Computer hacking and cybercrime | Computer tampering (accessing a computer, network, program or data without authorization or beyond authorization) is a Class B misdemeanor (up to 6 months); doing so and obtaining data or services is a Class A misdemeanor (Class 4 felony for a repeat); and accessing and damaging, deleting or altering programs or data, or inserting a harmful program such as a virus, is a Class 4 felony (Class 3 for a repeat). Aggravated computer tampering that disrupts vital government or public utility services is a Class 3 felony, or a Class 2 felony if it creates a strong probability of death or great bodily harm. Computer fraud (accessing a computer to carry out a scheme to defraud) is a Class 4 felony; damaging a computer or data as part of a fraud is a Class 3 felony; and obtaining money, property or services is a Class 4 felony up to $1,000, a Class 3 felony up to $50,000, and a Class 2 felony at $50,000 or more, with property forfeiture. Computer fraud: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K17-50.htm ; aggravated computer tampering: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K17-52.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | Anyone convicted of a felony in any jurisdiction may not knowingly possess a firearm, firearm ammunition, or other prohibited weapons on their person, land, home or business, unless relief has been granted under the Firearm Owners Identification Card Act. A violation is a Class 3 felony with a special range of 2 to 10 years. It is a Class 2 felony with 3 to 14 years for a second violation, for a person with a prior forcible felony, weapons felony, stalking, or Class 2 or higher drug felony, or for a person on parole or mandatory supervised release; possessing a machine gun is a Class X felony. A prohibited person may ask the FOID Card Review Board or the circuit court for relief, which can be granted if the person has no forcible felony conviction within the past 20 years (or 20 years have passed since prison), is not likely to be dangerous to public safety, and relief is not contrary to the public interest or federal law. Relief: https://www.ilga.gov/Documents/legislation/ilcs/documents/043000650K10.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
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| Recording conversations (one-party consent) | Illinois requires the consent of all parties to record a private conversation in a surreptitious (secret) way. It is eavesdropping to secretly record or transmit a private conversation you are part of without all other parties' consent, to secretly overhear or record one you are not part of, to secretly intercept a private electronic communication, or to use or disclose information obtained that way. A 'private conversation' is an oral communication, in person or by phone or other means, that a party intended to be private in circumstances reasonably justifying that expectation. Eavesdropping is a Class 4 felony (1 to 3 years) for a first offense and a Class 3 felony (2 to 5 years) after that; recording a police officer, prosecutor or judge performing official duties without authorization is a Class 3 felony (Class 2 for a repeat). Definitions: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K14-1.htm ; sentence: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K14-4.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Filing a false police report | Falsely reporting a crime is a form of disorderly conduct in Illinois. Knowingly telling a peace officer, public officer or public employee that a crime will be, is being or was committed with no reasonable ground to believe it, making a false 911 call or text knowing it could trigger an emergency response, falsely calling for an ambulance, or giving a false fire alarm is a Class 4 felony (1 to 3 years). A false report of a bomb, poison gas or biological, chemical or radioactive hazard is a Class 3 felony (2 to 5 years) with a $3,000 to $10,000 fine. A false report to a public safety agency without reasonable grounds is a Class A misdemeanor for a first offense and a Class 4 felony after that. Courts must order 30 to 120 hours of community service and can order repayment of emergency response costs (up to $10,000 for false 911 calls and school threats). Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Hate crimes | Yes. Illinois has a separate hate crime offense: committing assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass, misdemeanor criminal damage to property, mob action, disorderly conduct, or certain harassment offenses because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status or national origin of another person or group. Hate crime is a Class 4 felony (1 to 3 years) for a first offense and a Class 2 felony (3 to 7 years) for a repeat; a first offense is a Class 3 felony (2 to 5 years) if committed at or near a place of worship, cemetery, school, public park or ethnic or religious community center. Courts must order restitution or a fine, and probation must include at least 200 hours of community service (where available) and an in-person anti-bias education program. For any crime, bias against a person for these kinds of characteristics is also a sentencing aggravating factor that can support a more severe sentence. Aggravating factor: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-5-3.2.htm (lists race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin). Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Parole violation | Illinois abolished discretionary parole for people sentenced under the 1977 law; they serve a fixed (determinate) sentence less good-conduct credit and are then released to a term of mandatory supervised release (MSR). The Prisoner Review Board decides violations of parole or MSR. A person charged with a violation gets a preliminary hearing before a Board hearing officer to decide whether there is cause for a revocation hearing (not needed when a court has found probable cause on new criminal charges or there is a new conviction), written notice of the alleged violation, and a revocation hearing before at least one Board member where they can answer the charge and bring witnesses. The Board may continue supervision (with or without new conditions), place the person in a halfway house, or revoke release and send the person back to prison, generally for the rest of the supervised release term less time already served on release. Release cannot be revoked for failure to pay unless the failure is a willful refusal. Parole eligibility: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K3-3-3.htm . Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Violating a restraining order | Knowingly violating certain remedies of a valid order of protection (for example stay-away or no-abuse provisions) after being served or otherwise learning its contents is a Class A misdemeanor (under 1 year). It is a Class 4 felony (1 to 3 years) if the person has a prior conviction for domestic battery or violating an order of protection, or for listed violent or sex offenses (such as murder, aggravated battery, stalking, kidnapping or criminal sexual assault) committed against a family or household member. A second or later violation of any order of protection carries a minimum of 24 hours in jail unless the court finds that manifestly unjust, and the court may order a fine or restitution. Violating a civil no contact order or a stalking no contact order is a Class A misdemeanor for a first violation and a Class 4 felony for a second or later violation. Civil no contact order: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-3.8.htm ; stalking no contact order: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-3.9.htm . These ilga.gov pages show text before and after amendment by P.A. 104-835; the grades used are the same in both. Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
| Juveniles tried as adults | Illinois uses automatic exclusion, judicial transfer and extended jurisdiction juvenile (EJJ) prosecution. A minor who was at least 16 at the time and is charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged it is automatically prosecuted as an adult, along with all charges from the same incident. A judge may transfer a minor 13 or older to adult court on the State's Attorney's motion after finding probable cause and that proceeding in juvenile court is not in the public's best interest (discretionary transfer); for a minor 15 or older charged with a forcible felony who has a prior forcible felony and acted for an organized gang, transfer is presumed unless the minor shows by clear and convincing evidence that they are amenable to juvenile treatment. In an EJJ prosecution of a minor 13 or older charged with a felony, a conviction brings a juvenile sentence plus a stayed adult sentence that can take effect if the juvenile sentence is violated. Minors sentenced as adults are sentenced under the special juvenile-offender sentencing rules of 730 ILCS 5/5-4.5-105. Transfer: https://www.ilga.gov/Documents/legislation/ilcs/documents/070504050K5-805.htm ; EJJ: https://www.ilga.gov/Documents/legislation/ilcs/documents/070504050K5-810.htm (the ilga.gov page shows text before and after amendment by P.A. 104-784, which changes the EJJ designation procedure). Class 1 felony 4 to 15 years; Class 2 felony 3 to 7 years; Class 3 felony 2 to 5 years; Class 4 felony 1 to 3 years; felony fines up to $25,000; Class A misdemeanor less than 1 year and up to $2,500; Class B misdemeanor up to 6 months and $1,500; Class C misdemeanor up to 30 days and $1,500. Read on ilga.gov in the browser 2026-10-27. |
Death penalty, three strikes and rights after a felony
| Death penalty | Illinois does not have the death penalty. It was abolished effective July 1, 2011, by Public Act 96-1543, which added the death-penalty abolition section to the Code of Criminal Procedure. Taken from the Illinois Supreme Court opinion because ilga.gov refused automated reads of the statute. |
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| Three strikes and habitual offender laws | Illinois has two repeat-offender laws. Habitual criminal ('three strikes'): a person twice convicted of an offense that is now a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, who is then convicted of a Class X felony, criminal sexual assault or first degree murder, must be sentenced to natural life imprisonment; the third offense must be committed within 20 years of the first conviction (not counting time in custody), each offense must follow the conviction for the one before, and the first offense must have been committed at age 21 or older. Separately, a person over 21 convicted of a Class 1 or Class 2 forcible felony after two prior convictions for Class 2 or greater forcible felonies (first committed after February 1, 1978, each after conviction on the one before, first at age 21 or older) must be sentenced as a Class X offender (6 to 30 years). Section source note: P.A. 100-3, 100-759, 101-652 (eff. 7-1-21); no pending amendment shown. |
| Voting with a felony conviction | In Illinois, people lose the right to vote only while they are serving a sentence for a conviction in a federal or state prison or county jail, including while on work release, on furlough, or living in an Adult Transition Center. People on parole, mandatory supervised release, electronic monitoring or probation can vote, as can people in jail awaiting trial. Rights return automatically on release, but a person must register to vote again even if registered before the conviction. Election Code section not read (ilga.gov refused automated reads); rule taken from the IDOC guide. |
| Restoring rights after a felony | Voting rights return automatically when a person is released from prison or jail (re-registration is required). Firearm rights are handled through the FOID (Firearm Owner's Identification) card system: a person denied a FOID card because of a felony may ask the FOID Card Review Board for relief, except that for forcible felonies, stalking, aggravated stalking, domestic battery, Class 2 or higher drug felonies, deadly-weapons felonies and juvenile felony adjudications the request must be filed with the circuit court in the county of residence. A pardon (executive clemency) comes from the Governor: petitions are filed with the Prisoner Review Board, which holds a hearing and sends a confidential recommendation to the Governor, who decides with no deadline. Voting: https://idoc.illinois.gov/content/dam/soi/en/web/idoc/communityresources/documents/know-your-rights-crim-record.pdf ; FCRB jurisdiction: https://isp.illinois.gov/FoidCardReviewBoard/RequestsForRelief ; clemency: https://prb.illinois.gov/prbexclemex.html . Restoration of jury service or eligibility for office was not found on an official page. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Under SB 3222, signed June 12, 2026, selling intoxicating hemp products (such as delta-8, THC-P and HHC) to anyone under 21 is banned effective immediately, and buyers must show ID. Effective November 12, 2026, intoxicating hemp products are reclassified as cannabis and regulated under the Cannabis Regulation and Tax Act, the law that governs the licensed adult-use cannabis market; only non-intoxicating products with less than 0.4 mg total THC may be sold outside the licensed medical and adult-use cannabis market, and products must meet testing, labeling and child-resistant packaging rules. Bill text not read (ilga.gov refused automated reads); rule and dates taken from the Governor's announcement. |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn are Schedule I controlled substances in Illinois. Possessing any amount (they are not among the drugs with weight-based possession tiers) is a Class 4 felony, punishable by 1 to 3 years in prison and a fine of up to $25,000. Possession section: https://www.ilga.gov/Documents/legislation/ilcs/documents/072005700K402.htm . The weight tiers in 402(a)(7.5) list other paragraphs of 204(d), not (16) or (17). |
| Kratom | Kratom is legal for adults in Illinois but restricted for minors under the Kratom Control Act. 'Kratom' includes any part of the Mitragyna speciosa plant and its compounds, including mitragynine and 7-hydroxymitragynine. A minor under 18 may not knowingly buy or possess any product containing kratom or use a false ID to get it (Class B misdemeanor, up to 6 months in jail), and no one may sell, buy for, give samples of or furnish kratom to a minor under 18 (Class B misdemeanor with a fine of at least $500). Kratom is not listed in Illinois' controlled-substance schedules. The Kratom Control Act consists only of Sections 1 and 5 (P.A. 98-981, eff. 1-1-15). Schedules I-V (720 ILCS 570/204-212) were searched for 'kratom' and 'mitragynine' with no result. |
| CBD | Non-intoxicating hemp CBD products remain legal in Illinois. Under the Illinois Hemp Act (SB 3222), effective November 12, 2026, only non-intoxicating CBD products with less than 0.4 mg total THC may be sold outside the licensed medical and adult-use cannabis market; all products must use safe ingredients, be tested and carry detailed labels, and packaging may not target minors, mimic children's products, make health claims or imply state endorsement. The announcement does not say whether the 0.4 mg limit is per serving or per package; bill text not read (ilga.gov refused automated reads). |
| Smoking and vaping age | The minimum age to buy tobacco products, electronic cigarettes (vapes) and alternative nicotine products in Illinois is 21. No one may sell, buy for, give samples of or furnish these products to anyone under 21, and sellers must check government photo ID of anyone who appears under 30 (online sellers must use third-party age verification). A seller who violates the age rules commits a petty offense with fines of $200, $400, $600 and $800 for first through fourth offenses within 24 months. A person under 21 who uses or displays a false or altered ID to get these products commits a Class A misdemeanor; the Act sets no penalty for a person under 21 merely possessing them. Penalties: https://www.ilga.gov/Documents/legislation/ilcs/documents/072006750K2.htm (source note P.A. 102-558; 103-937, eff. 1-1-25; subsections (c)-(g) of Section 2 are blank). |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Illinois covers people 60 or older. Criminal abuse or neglect of an elderly person (60 or older and unable to care for themselves) or a person with a disability by a caregiver, such as endangering their life or health, abandoning them, physically abusing or intimidating them, or willful deprivation, is a Class 3 felony (2 to 5 years), or a Class 2 felony with 3 to 14 years if the victim dies. Abuse of a long-term care facility resident is a Class 3 felony; criminal neglect of a resident is a Class 4 felony (Class 3 if death results). Financial exploitation of an elderly person (60 or older) or a person with a disability by someone in a position of trust is a Class 4 felony for $300 or less, Class 3 for $300 to under $5,000, Class 2 for $5,000 to under $50,000, and Class 1 for $50,000 or more, or $15,000 or more if the victim is 70 or older, or $5,000 or more if the victim is 80 or older. Battery of a person 60 or older is aggravated battery. Sections 12-4.4a and 17-56 show amended text by P.A. 104-671, effective 1-1-27; the text summarized is the version currently in effect. |
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| Voyeurism (peeping tom) | Illinois' main voyeurism crime is unauthorized video recording and live video transmission. Knowingly recording or live-streaming another person without consent in a restroom, tanning bed or salon, locker room, changing room or hotel bedroom, or in that person's own home (including from outside by remote device), or recording a person's intimate parts to view their body or undergarments without consent, is a Class 4 felony (1 to 3 years). Placing a hidden camera in those places with intent to record is a Class A misdemeanor. Spreading such a recording is a Class 3 felony (2 to 5 years). Each offense goes up one class (to Class 3, or Class 2 for spreading) when the victim is under 18 or the offender is a registered sex offender. From January 1, 2027, recording a known victim or witness inside a courthouse without consent becomes a Class A misdemeanor. The page shows the text before and after amendment by P.A. 104-750 (effective 1-1-27); the penalties above are the same in both versions. |
| Assaulting a police officer | In Illinois, simple assault (placing someone in reasonable fear of a battery) is a Class C misdemeanor and simple battery is a Class A misdemeanor, but both become aggravated offenses when the victim is a known peace officer, firefighter or other listed worker performing official duties, or targeted to prevent or retaliate for those duties. Aggravated assault of a peace officer, firefighter, emergency management worker or EMS worker is a Class 4 felony (1 to 3 years). Aggravated battery of a peace officer, community policing volunteer, firefighter, private security officer or correctional institution employee is a Class 2 felony (3 to 7 years), and a Class 1 felony (4 to 15 years) if it causes great bodily harm, permanent disability or disfigurement; discharging a firearm and injuring an on-duty officer is a Class X felony with a 15 to 60 year term. Aggravated assault: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K12-2.htm . Assaults involving firearms or vehicles have separate higher grades under 12-2(c). |
Criminal Law FAQ
What are the felony classes and maximum sentences in Illinois?
Illinois grades felonies as first degree murder, Class X, and Classes 1, 2, 3 and 4. Prison terms: Class X 6 to 30 years (extended term 30 to 60; no probation); Class 1 4 to 15 years (second degree murder 4 to 20; extended term 15 to 30); Class 2 3 to 7 years (extended term 7 to 14); Class 3 2 to 5 years (extended term 5 to 10); Class 4 1 to 3 years (extended term 3 to 6). Probation can be up to 4 years for Class 1 and 2 felonies and up to 30 months for Class 3 and 4 felonies. Felony fines can be up to $25,000 per offense or the amount specified in the offense, whichever is greater.
What are the misdemeanor classes and penalties in Illinois?
Illinois has Class A, B and C misdemeanors. Class A: less than one year in jail and a fine up to $2,500. Class B: up to 6 months in jail and a fine up to $1,500. Class C: up to 30 days in jail and a fine up to $1,500. The fine can be higher if the offense specifies a greater amount. Probation or conditional discharge can be up to 2 years.
How much do you have to steal for it to be a felony in Illinois?
Theft of property whose value exceeds $500 (but is less than $10,000) is a Class 3 felony. The Illinois pattern jury instruction for theft lists these value tiers: exceeding $500 and not exceeding $10,000; exceeding $10,000 and not exceeding $100,000; exceeding $100,000 and not exceeding $500,000; exceeding $500,000 and not exceeding $1,000,000; and exceeding $1,000,000. Value is measured by fair market value at the time and place of the theft.
Is Illinois a stand your ground state?
Illinois has no duty to retreat for a person who did not start the confrontation. The Illinois pattern jury instruction states: "A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor." The rule comes from case law (People v. Hughes, 46 Ill. App. 3d 490 (1st Dist. 1977); People v. Miller, 259 Ill. App. 3d 257 (1st Dist. 1994)).
Does Illinois have a castle doctrine?
A person is justified in using force when and to the extent the person reasonably believes it is necessary to prevent or end another's unlawful entry into or attack on a dwelling. Force intended or likely to cause death or great bodily harm is justified only if (1) the entry is made or attempted in a violent, riotous or tumultuous manner and the person reasonably believes the force is necessary to prevent an assault on or personal violence to someone in the dwelling, or (2) the person reasonably believes the force is necessary to prevent a felony in the dwelling. A home dweller does not have to wait for the unlawful entry to be completed before using justifiable force.
What is the statute of limitations for crimes in Illinois?
Unless the statute for the offense says otherwise or the period is extended, prosecution must begin within 3 years for a felony and within one year and 6 months for a misdemeanor. There is no time limit for first degree murder, attempted first degree murder, second degree murder, involuntary manslaughter, reckless homicide, arson, treason, forgery, child sexual abuse material and any offense involving sexual conduct or sexual penetration, among others listed. Theft of property over $100,000, identity theft and financial exploitation of an elderly person or a person with a disability must be charged within 7 years of the last act.
How does bail work in Illinois?
Illinois abolished cash (monetary) bail under the Pretrial Fairness Act (part of the SAFE-T Act); cash bail ended in Illinois courts on September 18, 2023, after the Illinois Supreme Court upheld the law in Rowe v. Raoul, 2023 IL 129248. The default is pretrial release on personal recognizance, with conditions. The State may seek detention only in specified cases by filing a petition; at the first detention hearing the State must prove by clear and convincing evidence that the proof is evident or the presumption great that the defendant committed a detainable offense, that the defendant poses a real and present threat to any person or the community or a high likelihood of willful flight, and that no conditions could mitigate that threat or risk. The court must revisit continued detention at later hearings.
How do you get a public defender in Illinois?
Under Illinois Supreme Court Rule 401(a), an indigent defendant has the right to appointed counsel whenever the charge is punishable by imprisonment. The trial judge appoints the county Office of the Public Defender, which assigns the individual assistant public defender. Whether a person is indigent is left to the trial court's discretion based on as complete a financial picture as possible; a person need not be entirely without funds to be found indigent, and a court may not refuse appointment solely because the defendant posted bail. The Office of the State Appellate Defender handles appeals for indigent defendants.
What is the age of consent in Illinois?
Aggravated criminal sexual abuse includes an act of "sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim." It is an affirmative defense if "the accused reasonably believed the person to be 17 years of age or over."
Is marijuana legal in Illinois?
Adult-use cannabis is legal for people 21 or older. Possession limits (cumulative): Illinois residents 60 grams of cannabis flower, 1,000 mg of THC in infused products and 10 grams of concentrate; non-residents 30 grams of flower, 500 mg of THC in infused products and 5 grams of concentrate. Underage possession and use are illegal, as is giving cannabis to anyone under 21. Only registered qualifying medical cannabis patients may grow up to 5 plants at home. Use is not allowed in any public place. Transporting cannabis in a non-compliant container is a Class A misdemeanor.
Is assault a felony in Illinois?
Threatening someone so they reasonably fear being hit, without touching them, is called assault in Illinois. Assault is a Class C misdemeanor (up to 30 days in jail and a fine up to $1,500), and the court must also order 30 to 120 hours of community service where available. It becomes aggravated assault because of where it happens (such as a public way or place of worship), who the victim is (such as a person 60 or older, a teacher at school, a peace officer, firefighter or transit worker on duty), or how it is done (such as using a deadly weapon, wearing a mask, or discharging a firearm). Aggravated assault ranges from a Class A misdemeanor (less than one year in jail, fine up to $2,500) to a Class 4 felony (1 to 3 years) for, among others, assaults on peace officers, firefighters and EMS personnel or discharging a firearm, and a Class 3 felony (2 to 5 years) for discharging a firearm from a motor vehicle.
Is battery a felony in Illinois?
Illinois has a separate crime of battery: knowingly and without legal justification causing bodily harm to someone, or making physical contact of an insulting or provoking nature. Battery is a Class A misdemeanor (less than one year in jail and a fine up to $2,500). It becomes aggravated battery, generally a Class 3 felony (2 to 5 years), when it causes great bodily harm or permanent disability or disfigurement, involves strangling, or targets protected victims or places listed in the statute. Some forms are more serious: for example, great bodily harm to a person 60 or older is a Class 2 felony, great bodily harm to an on-duty peace officer or firefighter is a Class 1 felony, and strangling is a Class 1 felony if a dangerous instrument was used, great bodily harm resulted, or the person has a prior strangulation conviction.
Is domestic violence a felony in Illinois?
Hitting or making insulting or provoking physical contact with a family or household member is a separate crime called domestic battery, a Class A misdemeanor (less than one year in jail, fine up to $2,500). It is a Class 4 felony with a prior conviction for violating an order of protection, for one of several listed violent offenses against a family or household member, or with 1 or 2 prior domestic battery convictions; a Class 3 felony with 3 prior domestic battery convictions; and a Class 2 felony with 4 or more. Any second or subsequent conviction carries a mandatory minimum of 72 consecutive hours in jail. Causing great bodily harm, permanent disability or disfigurement, or strangling the victim is aggravated domestic battery, a Class 2 felony (3 to 7 years) with at least 60 consecutive days in jail even on probation.
What is the penalty for shoplifting in Illinois?
Shoplifting is called retail theft in Illinois. Retail theft of merchandise worth $300 or less ($150 or less for motor fuel) is a Class A misdemeanor (less than one year in jail, fine up to $2,500); ordinary theft of property worth $500 or less, not from the person, is also a Class A misdemeanor. A repeat offense becomes a felony: retail theft of $300 or less is a Class 4 felony (1 to 3 years) if the person has a prior conviction for any type of theft, robbery, burglary, home invasion, unlawful use of a credit card or forgery, among others. Using a theft-detection shielding device is a Class 4 felony on a second offense, and leaving through an emergency exit to commit retail theft is a Class 4 felony even for $300 or less. Merchants can sue in civil court for the retail value plus $100 to $1,000, attorney's fees and court costs, even without a criminal conviction.
What is the difference between burglary and robbery in Illinois?
Burglary means entering or staying in a building, housetrailer, vehicle, watercraft, aircraft, railroad car or freight container without authority, intending to commit a felony or theft. Burglary of a building is a Class 2 felony (3 to 7 years); burglary of a vehicle or similar without causing damage is a Class 3 felony (2 to 5 years); and burglary of a school, child care setting or place of worship is a Class 1 felony (4 to 15 years). Breaking into someone's home is residential burglary, a Class 1 felony. Robbery means taking property from a person by force or by threatening force; it is a Class 2 felony, or a Class 1 felony if the victim is 60 or older or has a physical disability, or if it happens in a school, child care setting or place of worship. Aggravated robbery (claiming to be armed, or drugging the victim) is a Class 1 felony, and armed robbery is a Class X felony (6 to 30 years), with 15, 20, or 25 years to life added when a firearm is carried, discharged, or discharged causing great bodily harm or death.
Is vandalism a felony in Illinois?
Vandalism is called criminal damage to property in Illinois. Knowingly damaging someone else's property is a Class A misdemeanor (less than one year in jail, fine up to $2,500) when the damage is $500 or less, a Class 4 felony when it exceeds $500 but not $10,000, a Class 3 felony when it exceeds $10,000 but not $100,000, and a Class 2 felony when it exceeds $100,000. When the property belongs to a school or place of worship, is farm equipment or agricultural property, or memorializes police, firefighters, armed forces members or veterans, these become a Class 4 felony ($500 or less), Class 3 felony (over $500 to $10,000), Class 2 felony (over $10,000 to $100,000) and Class 1 felony (over $100,000). When damage exceeds $10,000, the court must impose a fine equal to the value of the damage, and every conviction carries 30 to 120 hours of community service where available.
Is trespassing a crime in Illinois?
Criminal trespass to real property covers knowingly entering or staying in a building without lawful authority, entering land after being told (in person, in writing, or by posted signs) that entry is forbidden, staying on land after being told to leave, or using false identity to get permission to enter. These are Class B misdemeanors (up to 6 months in jail, fine up to $1,500). Driving a motor vehicle onto cropland, a livestock area or an orchard after notice is a Class A misdemeanor (less than one year, fine up to $2,500), and the landowner can also sue for damages. Owners may post land with purple paint marks on trees or posts as notice (except in Chicago), and the law does not apply to buildings open to the public during normal hours or to emergencies.
What are the penalties for drug possession in Illinois?
Possessing a controlled or counterfeit substance (other than methamphetamine or anabolic steroids) in an amount below the large-quantity thresholds is a Class 4 felony (1 to 3 years), with a fine of not more than $25,000. Larger amounts are Class 1 felonies with longer ranges; for example, 15 grams or more but less than 100 grams of a substance containing heroin or cocaine carries 4 to 15 years. Possessing drug paraphernalia with intent to use it with a controlled substance is a Class A misdemeanor with a minimum fine of $750. A first-time offender with no prior drug felony may get 24 months of probation without a conviction being entered (so-called 410 probation); if completed, the case is dismissed, and a person may get only one such dismissal within 4 years.
Is a hit and run a felony in Illinois?
Leaving the scene of a crash is often called hit and run. A driver in a crash that damages only an attended vehicle must stop and remain at the scene until the requirements of 625 ILCS 5/11-403 are met; failing to do so is a Class A misdemeanor (less than one year in jail, fine up to $2,500), and the license is suspended if the damage exceeds $1,000. If anyone is injured or killed, failing to stop and remain is a Class 4 felony (1 to 3 years). A driver who left must report the crash to police within one-half hour; failing to report is a Class 2 felony (3 to 7 years), or a Class 1 felony (4 to 15 years) if someone died. A conviction in an injury or death case leads to license revocation.
Is reckless driving a crime in Illinois?
Reckless driving means driving with willful or wanton disregard for the safety of people or property, or deliberately using a hill, bridge approach or railroad crossing to make a vehicle airborne. It is a Class A misdemeanor (less than one year in jail, fine up to $2,500). It is a Class 4 felony (1 to 3 years) if it causes bodily harm to a child or an on-duty school crossing guard. Causing great bodily harm or permanent disability or disfigurement is aggravated reckless driving, a Class 4 felony, or a Class 3 felony (2 to 5 years) when the victim is a child or an on-duty school crossing guard.
Is harassment a crime in Illinois?
Online harassment is called harassment through electronic communications in Illinois: using electronic communication to make obscene comments to offend, threaten injury to someone or their family or property, disrupt their phone or device service, or harass a child under 13. A first offense is a Class B misdemeanor (up to 6 months), a second is a Class A misdemeanor with a minimum of 14 days in jail or 240 hours of community service, and it is a Class 4 felony in listed cases such as a threat to kill, a prior offense against the same victim, a violation while under an order of protection or on release, or an adult harassing a minor. Stalking (a course of conduct that would make a reasonable person fear for safety or suffer emotional distress) and cyberstalking (the same done electronically) are Class 4 felonies (1 to 3 years), and Class 3 felonies on a second conviction. Aggravated stalking, which involves causing bodily harm, confining the victim, or violating a protective order, is a Class 3 felony (2 to 5 years), and a Class 2 felony on a second conviction.
Is resisting arrest a felony in Illinois?
Knowingly resisting arrest, or obstructing a known peace officer, firefighter or correctional employee in an authorized act, is called resisting or obstructing a peace officer, a Class A misdemeanor (less than one year in jail, fine up to $2,500), with a minimum of 48 consecutive hours in jail or at least 100 hours of community service. It is a Class 4 felony (1 to 3 years) if it causes injury to the officer, firefighter or correctional employee. A person cannot be arrested for resisting arrest alone unless there was an underlying offense. In a vehicle, fleeing or attempting to elude a police officer after a signal to stop is a Class A misdemeanor with a license suspension, and a third or later violation is a Class 4 felony. Aggravated fleeing (21 mph or more over the limit, causing injury, more than $300 in property damage, disobeying 2 or more traffic control devices, or concealing the license plate) is a Class 4 felony, a Class 3 felony for a second offense, with license revocation.
What happens if you miss a court date in Illinois?
Illinois no longer charges missing court as a separate bail-jumping crime: the subsection of the Criminal Code that used to cover it now reads "(Blank)," and the remaining section punishes other pretrial-release violations (for example, possessing a firearm in violation of release conditions is a Class 4 felony, and violating release conditions in a domestic case is a Class A misdemeanor). When a person on pretrial release fails to appear, the court may issue a summons or a warrant for arrest, and the law prefers summonses over warrants whenever possible. A person who comes to court within 48 hours of being served with a failure-to-appear summons is not recorded as having missed the first date. If a person willfully violates release conditions, including by failing to appear, the court may hold a sanctions hearing; sanctions can include an admonishment, up to 30 days in county jail, or changed release conditions.
What happens if you violate probation in Illinois?
A judge decides probation violations after a petition is filed. The court may send a notice, issue a summons, or issue an arrest warrant if the person may flee, may cause serious harm, or fails to answer a summons; filing and service pauses (tolls) the probation term. The court must hold a hearing in open court, with the right to counsel, confrontation and cross-examination, and the State must prove the violation by a preponderance of the evidence. If a violation is found, the court may continue probation with or without changing or adding conditions, or impose any other sentence that was available at the original sentencing. Probation cannot be revoked for failure to pay money unless the failure is a willful refusal to pay, and for minor technical violations the probation agency may instead offer intermediate sanctions.
Is obstruction of justice a felony in Illinois?
Obstructing justice is knowingly destroying, hiding or planting evidence, giving false information, getting a witness to leave the state or hide, or leaving or hiding oneself while having material knowledge, all with intent to prevent someone's arrest or obstruct a prosecution or defense. It is a Class 4 felony (1 to 3 years), or a Class 3 felony when done to further gang activity. Witness tampering, called communicating with jurors and witnesses, is a Class 3 felony when someone uses force, threats, false information, or money to deter a party or witness from testifying truthfully; trying to influence a juror is a Class 4 felony. Harassing or threatening a juror or witness because of their verdict or testimony is a Class 2 felony.
Is perjury a felony in Illinois?
Perjury is making a false statement, material to the issue, under oath or affirmation in a proceeding or other matter where the oath is required by law, knowing the statement is false. Perjury is a Class 3 felony, punishable by 2 to 5 years in prison. When a person makes contradictory sworn statements, the prosecution does not need to prove which one is false, but admitting the falsity during the same continuous trial bars prosecution.
Is public intoxication a crime in Illinois?
Being drunk in public is not a crime in Illinois. State law says no county, municipality or political subdivision may adopt or enforce any law that includes being intoxicated as the sole basis of the offense. Laws against driving under the influence, operating boats, aircraft or machinery while impaired, and rules about where, when or by whom alcohol or drugs may be sold, bought or used are not affected.
What is a disorderly conduct charge in Illinois?
Disorderly conduct covers knowingly acting in such an unreasonable manner as to alarm or disturb another and provoke a breach of the peace, plus making false reports such as false fire alarms, false 911 calls, false bomb threats, threats against a school, and peeping into a dwelling for a lewd purpose. The basic breach-of-the-peace form is a Class C misdemeanor (up to 30 days). Peeping and a false report to a public safety agency are Class A misdemeanors; a false fire alarm, school threat, false police report or false 911 call is a Class 4 felony; and a false bomb or poison-gas threat is a Class 3 felony with an added fine of $3,000 to $10,000. The court must also order 30 to 120 hours of community service where available.
What is the penalty for indecent exposure in Illinois?
Indecent exposure is called public indecency in Illinois: a person 17 or older who, in a public place (anywhere the conduct may reasonably be expected to be viewed by others), performs a sexual act or makes a lewd exposure of the body intended to arouse or satisfy sexual desire. It is a Class A misdemeanor (less than one year in jail). A third or later violation is a Class 4 felony, as is public indecency by an adult on or within 500 feet of school grounds when children are present. Breastfeeding is not public indecency. A third or subsequent public indecency conviction is a sex offense that requires sex-offender registration.
Is prostitution illegal in Illinois?
Prostitution (performing, offering or agreeing to perform a sex act for anything of value) is a Class A misdemeanor; being a victim of trafficking is an affirmative defense, and anyone under 18 is immune from prosecution and treated as a possible abuse victim. Offering money or anything of value for a sex act, called solicitation of a sexual act, is also a Class A misdemeanor, but a Class 4 felony if the person solicited is under 18 or has a severe or profound intellectual disability. Actually engaging in a sex act with a person in the sex trade, called patronizing a person engaged in the sex trade, is a Class 4 felony (Class 3 within 1,000 feet of a school, or on a second or later sex-trade conviction). Prostitution is not legal anywhere in Illinois.
Is gambling legal in Illinois?
Illinois law exempts many licensed forms of gambling from its gambling crime: the state lottery (including lottery tickets bought online through the state program), pari-mutuel horse-race betting, casino gambling under the Illinois Gambling Act, video gaming terminals at licensed establishments and truck stops, sports wagering (including online) under the Sports Wagering Act, fantasy contests, bingo, charitable games, raffles and poker runs, and pull tabs, each when conducted as those laws require. Other gambling, including playing a game of chance for money, illegal betting, bookmaking, or running an unlicensed Internet gambling site, is a Class A misdemeanor. A second or later conviction for the operator-type offenses (such as gambling devices, bookmaking, unlicensed lotteries or Internet gambling sites) is a Class 4 felony.
Is embezzlement a felony in Illinois?
Illinois has no separate embezzlement crime for most people; an employee or fiduciary who keeps or misuses someone else's money or property is charged with theft, which covers knowingly obtaining or exerting unauthorized control over another's property or obtaining it by deception. Theft is graded by value: not from the person and not exceeding $500 is a Class A misdemeanor (a Class 4 felony with certain prior convictions or in a school, place of worship, or of government property); exceeding $500 up to $10,000 is a Class 3 felony; exceeding $10,000 up to $100,000 is a Class 2 felony; exceeding $100,000 up to $500,000 is a Class 1 felony; exceeding $500,000 up to $1,000,000 is a non-probationable Class 1 felony; and exceeding $1,000,000 is a Class X felony. Theft by deception of $5,000 or more from a victim 60 or older or a person with a disability is a Class 2 felony.
Is identity theft a felony in Illinois?
Identity theft is knowingly using another person's identifying information or documents to fraudulently get credit, money, goods, services or property, or obtaining, possessing, selling or using such information to commit a felony or knowing it was stolen. It is always a felony: using someone's identity to obtain property not exceeding $300 is a Class 4 felony, over $300 up to $2,000 a Class 3 felony, over $2,000 up to $10,000 a Class 2 felony, over $10,000 up to $100,000 a Class 1 felony, and over $100,000 a Class X felony; most other forms are Class 3 felonies, with higher grades for repeat offenses, active-duty military victims, and three or more victims within 12 months. Aggravated identity theft applies when the victim is 60 or older or has a disability. Using a stolen, forged, expired or revoked credit or debit card with intent to defraud is a Class 4 felony if the value obtained or sought does not exceed $300 in any 6-month period, and a Class 3 felony above that.
Is forgery a felony in Illinois?
Forgery is, with intent to defraud, knowingly making or altering a document so it is false and capable of defrauding someone, or issuing, delivering or possessing such a document to pass it, or misusing another person's digital or electronic signature. Forgery is generally a Class 3 felony (2 to 5 years); forging only one price-code label is a Class 4 felony, and forging an academic degree or a coin is a Class A misdemeanor. Writing a bad check knowing it will not be paid is a "deceptive practice": a Class A misdemeanor, but a Class 4 felony when the property obtained exceeds $150 (one check or several within 90 days) or on a second or later bad-check conviction. The person who gets a bad check may also sue for treble damages (at least $100, no more than $1,500) plus fees after a written demand goes unpaid for 30 days.
Is blackmail illegal in Illinois?
Blackmail and extortion are mainly charged as intimidation in Illinois: communicating a threat, with intent to make someone do or not do something, to physically harm a person or property, confine someone, commit a felony or Class A misdemeanor, accuse someone of a crime, expose someone to hatred, contempt or ridicule, misuse official power, or start a strike or boycott. Intimidation is a Class 3 felony for which the offender may be sentenced to not less than 2 years and not more than 10 years in prison. Obtaining property by threat is also theft, graded by value.
What is the difference between first and second degree murder in Illinois?
First degree murder is killing someone without lawful justification while intending to kill or do great bodily harm (or knowing the acts will cause death), knowing the acts create a strong probability of death or great bodily harm, or causing a death during a forcible felony (felony murder). The sentence is 20 to 60 years in prison, 60 to 100 years with an extended term, or natural life imprisonment where Section 5-8-1 allows it (for example exceptionally brutal or heinous behavior or listed aggravating factors); probation is not allowed. Second degree murder is first degree murder committed under a sudden and intense passion from serious provocation, or with an unreasonable belief that the killing was justified; it is a Class 1 felony (4 to 20 years for second degree murder). Illinois abolished the death penalty effective July 1, 2011.
What is the sentence for manslaughter in Illinois?
In Illinois, a killing in sudden intense passion from serious provocation is second degree murder, a Class 1 felony (4 to 20 years). Involuntary manslaughter is unintentionally killing someone by acts likely to cause death or great bodily harm that are performed recklessly; when the death is caused by driving a vehicle (or a snowmobile, ATV or watercraft) the offense is reckless homicide. Both are Class 3 felonies (2 to 5 years), but reckless homicide becomes a Class 2 felony with 3 to 14 years in listed situations such as school crossing zones with a guard on duty, construction zones or fleeing police, and 6 to 28 years when two or more people are killed. A DUI crash that kills someone is aggravated DUI, a Class 2 felony with 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances requiring probation.
Is child endangerment a felony in Illinois?
Endangering the life or health of a child is knowingly causing or permitting a child under 18's life or health to be endangered, or placing a child in circumstances that endanger the child's life or health; a child 6 or younger left in a car for more than 10 minutes without a person 14 or older in sight may be inferred to be unattended. A first offense is a Class A misdemeanor (less than one year in jail and up to $2,500). A second or subsequent offense is a Class 3 felony (2 to 5 years), and an offense that is a proximate cause of the child's death is a Class 3 felony with 2 to 10 years. An amendment effective January 1, 2027 (P.A. 104-832) also makes it a Class 3 felony after a prior conviction for a substantially equivalent offense in another state.
Is arson a felony in Illinois?
Arson is knowingly using fire or explosives to damage another's real property, or another's personal property worth $150 or more, without consent, or damaging property to defraud an insurer; it is a Class 2 felony (3 to 7 years). Residential arson (damaging another's dwelling) and place of worship arson are Class 1 felonies (4 to 15 years). Aggravated arson, a Class X felony (6 to 30 years), is arson that damages a building, structure, school, house trailer, watercraft, vehicle or railroad car when the offender knows or should know people are inside, someone suffers great bodily harm or permanent disability or disfigurement, or a firefighter, police officer or correctional officer on duty is injured.
Is animal cruelty a felony in Illinois?
Under the Humane Care for Animals Act no person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse an animal, abandon an animal, or leave a companion dog or cat in life-threatening extreme heat or cold that causes injury, death or conditions such as hypothermia or frostbite. Cruel treatment is a Class A misdemeanor, and a second or subsequent conviction is a Class 4 felony (1 to 3 years); abusing a companion animal in front of a child adds a $250 fine and at least 100 hours of community service. Aggravated cruelty (intentionally causing a companion animal serious injury or death) is a Class 4 felony, and a repeat offense is a Class 3 felony. Animal torture is a Class 3 felony (2 to 5 years) with a required psychological evaluation and treatment.
Is revenge porn illegal in Illinois?
Illinois makes non-consensual dissemination of private sexual images a crime: intentionally sharing an image of an identifiable person engaged in a sexual act or with intimate parts exposed, when the image was obtained under circumstances where it was to remain private and the sharer knew or should have known the person did not consent. It is a Class 4 felony (1 to 3 years), with forfeiture, and there are exceptions for criminal investigations, reporting unlawful conduct, voluntary public or commercial exposure and lawful public purposes. Victims can also sue under the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, which covers intentional sharing or threatened sharing of private or intentionally digitally altered sexual images by a person over 18.
Is cyberbullying a crime in Illinois?
Harassment through electronic communications includes sending (or getting someone to send) an electronic communication to harass a child under 13 when the sender is 16 or older, as well as obscene messages meant to offend, threats of injury, and interrupting someone's phone or electronic service to harass. It is normally a Class B misdemeanor (up to 6 months) and a Class A misdemeanor for a repeat offense, but harassing a child under 13 this way, or any electronic harassment by an adult of a victim under 18, is a Class 4 felony (1 to 3 years). Separately, the School Code requires schools to address bullying, which it defines to include cyber-bullying, but that law sets school policy rather than a criminal penalty.
What are the sexting laws for minors in Illinois?
Illinois has a special rule for minors: a person under 18 may not send or share an indecent visual depiction (a lewd image of unclothed or transparently clothed private parts) of another minor by computer or phone. A minor who does so can be adjudicated a 'minor in need of supervision' in juvenile court and ordered to get counseling or other services or to perform community service. The law states that it does not prevent prosecution for other offenses such as disorderly conduct, child sexual abuse material or electronic harassment.
Is money laundering a felony in Illinois?
Money laundering is conducting a financial transaction with property known to be proceeds of unlawful activity to promote that activity, to hide its source or ownership, or to avoid a state reporting requirement (and related transfers of monetary instruments). Grades depend on the value laundered: up to $10,000 is a Class 3 felony (2 to 5 years); over $10,000 up to $100,000 is a Class 2 felony (3 to 7 years); over $100,000 up to $500,000 is a Class 1 felony (4 to 15 years); and over $500,000 is a non-probationable Class 1 felony. Laundering meant to promote a specified criminal activity under subsection (a)(2) is a Class X felony (6 to 30 years).
What are the human trafficking laws in Illinois?
Illinois's trafficking law covers involuntary servitude (forced labor or services), involuntary sexual servitude of a minor, and trafficking in persons. Involuntary servitude ranges from a Class X felony (6 to 30 years) when obtained by causing or threatening physical harm, down to Class 1 through Class 4 felonies for restraint, abuse of legal process, taking identity documents, or intimidation and financial control. Recruiting or obtaining a minor for commercial sex is a Class X felony when the minor is under 17 or force or threats are used, and a Class 1 felony when the minor is 17 and there is no force or threat. Trafficking in persons (recruiting, transporting or harboring someone for involuntary servitude, or knowingly profiting from such a venture) is a Class 1 felony (4 to 15 years); any of these offenses involving kidnapping, aggravated criminal sexual assault or attempted murder is a Class X felony, and restitution is mandatory.
Is jaywalking illegal in Illinois?
Pedestrians crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. A pedestrian may not suddenly leave a curb into the path of a vehicle that is too close to stop, and drivers must stop and yield to pedestrians in a crosswalk where there are no working signals. Violating these Vehicle Code rules is a petty offense unless the Chapter says otherwise, with a fine of up to $1,000 (minimum $75 unless the law says otherwise) and no jail.
What is the open container law in Illinois?
No driver and no passenger may carry, possess or have alcohol in the passenger area of a motor vehicle on a highway unless it is in the original container with the seal unbroken. Passengers in a limousine, a chartered bus or a motor home are exempt, but the driver of such a vehicle may not have alcohol in the driver's area. The offense is a petty offense (fine up to $1,000, no jail); a driver convicted a second time within one year faces suspension of driving privileges, and a driver under 21 faces loss of driving privileges on conviction.
What happens if you are caught drinking under 21 in Illinois?
A person under 21 may not buy, accept a gift of, possess or drink alcohol, and no one may transfer, alter or deface an ID, use another person's ID, carry or use a false or forged ID, or get an ID with false information. Violating these rules of the Liquor Control Act is a Class A misdemeanor (less than one year in jail and up to $2,500). Exceptions include religious services, drinking at home under a parent's direct supervision, culinary students tasting in class, and immunity for possession or consumption when the person called for medical help for someone else or reported a sexual assault and cooperated. A driver under 21 convicted of carrying open alcohol in a vehicle is subject to loss of driving privileges.
What happens if you drive on a suspended license in Illinois?
Driving while your license, permit or driving privilege is suspended or revoked is a Class A misdemeanor (less than one year in jail and up to $2,500). A second conviction requires at least 100 hours of community service, and a third or later conviction at least 30 days in jail or 300 hours of community service. It becomes a Class 4 felony (1 to 3 years) in listed cases, including a repeat violation that causes a crash with injury or death, driving while revoked for reckless homicide or a fatal aggravated DUI, and second or third violations where the suspension was for DUI or leaving the scene of an injury crash. If the suspension was for DUI, a statutory summary suspension or leaving the scene, the court must impose at least 10 days in jail or 30 days of community service, and the Secretary of State extends the suspension or delays a new license.
What is the penalty for driving without a license in Illinois?
No one may drive a motor vehicle on an Illinois highway without a valid license or permit. Driving when you have never been issued a license, or are too young to get one, or with a license expired more than one year, is a Class B misdemeanor (up to 6 months in jail and up to $1,500); failing to get a license after a revocation period ends is a Class A misdemeanor. Drivers must have their license in immediate possession and show it to police on demand, but a person charged with not carrying it cannot be convicted if they show in court that a valid license had been issued to them. A driver without a license who is also uninsured has the vehicle impounded.
What knives are legal to carry in Illinois?
It is illegal to sell, make, buy, possess or carry a switchblade knife (blade opens automatically by a button, spring or other device in the handle) or a ballistic knife (blade shot out by a spring, elastic or gas), along with throwing stars and metal knuckles; this is a Class A misdemeanor. Carrying or possessing a dagger, dirk, dangerous knife, razor or stiletto with intent to use it unlawfully against another is also a Class A misdemeanor. These offenses become Class 4 felonies (1 to 3 years) when committed in a school, on school property or a school bus, in a public park, courthouse, public housing property or public transit vehicle, or on a public way within 1,000 feet of those places. Carrying a deadly weapon in a place licensed to sell alcohol or at a licensed or paid-admission public gathering, or carrying a ballistic knife while masked, is a Class 4 felony.
Are fireworks legal in Illinois?
Illinois makes it unlawful to knowingly possess, sell or use display fireworks, flame effects or consumer fireworks, except that cities, villages and (outside them) counties may adopt rules for granting display permits. A consumer display permit can go only to an adult who has completed a State Fire Marshal-approved consumer fireworks training class, after a fire-department site inspection, and the fireworks may then be bought, possessed and used only for that display. Sparklers, snakes and glow worms, smoke devices, party poppers, snappers and toy caps are not 'consumer fireworks' and may be sold and used at all times. Violating the Pyrotechnic Use Act is a Class A misdemeanor (less than one year in jail and up to $2,500), and illegally possessed fireworks can be seized and destroyed by court order.
Is kidnapping a felony in Illinois?
Kidnapping means knowingly and secretly confining someone against their will, or moving them by force, threat, deceit or enticement with intent to secretly confine them; confining a child under 13 or a person with a severe or profound intellectual disability without a parent's or guardian's consent counts as against their will. Kidnapping is a Class 2 felony (3 to 7 years). Aggravated kidnaping (kidnapping for ransom, of a child under 13, with great bodily harm or another felony, while masked, or while armed) is a Class X felony (6 to 30 years); being armed with a firearm adds 15 years, discharging one adds 20 years, and causing great bodily harm or death by discharging one adds 25 years to life. An adult's second aggravated kidnaping conviction carries natural life. Unlawful restraint (knowingly detaining someone without legal authority) is a Class 4 felony (1 to 3 years), and aggravated unlawful restraint (using a deadly weapon) is a Class 3 felony (2 to 5 years).
Is making a threat a crime in Illinois?
Illinois has no single 'criminal threats' crime; threats are covered by several offenses. Assault (knowingly making someone reasonably fear being hit) is a Class C misdemeanor (up to 30 days) with 30 to 120 hours of community service. Aggravated assault (for example using a deadly weapon, targeting certain protected people, or wearing a mask) is usually a Class A misdemeanor (under 1 year), but it is a Class 4 felony (1 to 3 years) in some cases such as discharging a firearm, and a Class 3 felony (2 to 5 years) for discharging a firearm from a motor vehicle. Threatening a public official or human service provider with bodily harm, sexual assault, confinement or property damage, because of their duties, is a Class 3 felony for a first offense and a Class 2 felony (3 to 7 years) for a repeat offense. Making a terrorist threat meant to intimidate or coerce a significant portion of a civilian population is a Class X felony (6 to 30 years).
Is stealing a car a felony in Illinois?
Stealing a car is charged as theft, graded by the vehicle's value (for example more than $500 up to $10,000 is a Class 3 felony, more than $10,000 up to $100,000 a Class 2 felony). The Vehicle Code adds separate crimes: knowingly receiving, possessing, concealing, selling or transferring a stolen or converted vehicle or essential part, or altering or removing a vehicle identification number, is a Class 2 felony (3 to 7 years). The aggravated version (for example 3 or more stolen vehicles or parts within a year, a stolen vehicle worth $25,000 or more, a stolen police vehicle, or fleeing police in a vehicle the driver knows is stolen) is a Class 1 felony (4 to 15 years). Tampering with a vehicle, going into it or trying to set it in motion without authority (often called joyriding) is a Class A misdemeanor for a first offense and a Class 4 felony for a second.
Is receiving stolen property a felony in Illinois?
Receiving stolen property is a form of theft in Illinois: obtaining control over stolen property knowing it was stolen, or in circumstances that would reasonably make a person believe it was stolen. Grades follow the theft value tiers: up to $500 is a Class A misdemeanor (under 1 year), or a Class 4 felony with a prior theft-type conviction; more than $500 up to $10,000 is a Class 3 felony (2 to 5 years); more than $10,000 up to $100,000 is a Class 2 felony (3 to 7 years); more than $100,000 up to $500,000 is a Class 1 felony (4 to 15 years); more than $500,000 up to $1,000,000 is a non-probationable Class 1 felony; and more than $1,000,000 is a Class X felony (6 to 30 years). Grades are one step higher if the property was taken from a school, place of worship or the government.
What is organized retail theft in Illinois?
Illinois has a crime of organized retail crime. Committing retail theft together with others and, during the theft or flight, committing an assault or certain batteries on the store premises or damaging store property is a Class 3 felony (2 to 5 years), or a Class 2 felony (3 to 7 years) for a battery causing bodily harm. Recruiting, organizing, financing or directing others to steal merchandise worth more than $300 in total for resale (or to steal it in transit, fence it, or traffic in fraudulent-return goods) is a Class 2 felony. Ordinary retail theft can also be aggregated: thefts by one person over $300 ($150 for motor fuel) in a single transaction, or in separate transactions as a continuing course of conduct from one or more stores over one year, are a Class 3 felony; smaller retail thefts are a Class A misdemeanor (a Class 4 felony with a prior theft-type conviction).
What counts as drug trafficking in Illinois?
Illinois punishes manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance by drug type and weight. For heroin, cocaine, fentanyl and morphine, 15 to under 100 grams is a Class X felony with 6 to 30 years; 100 to under 400 grams, 9 to 40 years; 400 to under 900 grams, 12 to 50 years; and 900 grams or more, 15 to 60 years, with possible fines up to $500,000 or the street value for 100 grams or more of heroin, cocaine or morphine. One to under 15 grams of heroin, fentanyl or cocaine is a Class 1 felony (4 to 15 years; fine up to $250,000). Other amounts of Schedule I or II narcotics, LSD, amphetamine or fentanyl are a Class 2 felony, and other Schedule I-V amounts are Class 3 felonies. Controlled substance trafficking (bringing drugs into Illinois to manufacture or deliver them) carries a prison range of twice the minimum to twice the maximum for the amount, and delivering to someone under 18 or near places such as schools, parks, places of worship or truck stops raises the penalties. Methamphetamine and cannabis are covered by separate Acts.
Is prescription fraud a felony in Illinois?
Knowingly obtaining or attempting to obtain a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, or withholding information from a practitioner in order to get a controlled substance that was not prescribed (which covers 'doctor shopping'), is a Class 4 felony (1 to 3 years; fine up to $100,000) for a first offense and a Class 3 felony (2 to 5 years; fine up to $200,000) for each later offense. The same grades apply to using a fictitious, revoked or another person's registration number to make or distribute controlled substances and to falsifying required records. A registrant who dispenses or distributes outside the Act's rules commits a Class A misdemeanor for a first offense (Class 4 felony after that), and a practitioner can lose their professional license.
What is vehicular assault in Illinois?
Illinois has no crime named vehicular assault. Driving under the influence and causing a crash that results in great bodily harm or permanent disability or disfigurement to another person is aggravated DUI, a Class 4 felony; if prison is imposed the term is 1 to 12 years. Aggravated DUI causing a death is a Class 2 felony with 3 to 14 years for one death (unless the court finds extraordinary circumstances requiring probation). Recklessly causing great bodily harm or permanent disability or disfigurement by any means (for example reckless driving) is reckless conduct, a Class 4 felony (1 to 3 years); reckless conduct causing bodily harm or endangering someone is a Class A misdemeanor.
Is street racing a crime in Illinois?
Street racing (for example 2 or more vehicles racing side by side, a timed or course race, or trying to outdistance or block another vehicle), taking part in a street sideshow (blocking traffic for stunts, speed contests or exhibitions of speed), or slowing or stopping traffic to make either possible is a Class A misdemeanor (under 1 year) with a minimum $250 fine for a first offense and a Class 4 felony (1 to 3 years) with a minimum $500 fine for a second. A street-racing conviction leads to revocation of the driver's license. An owner who knowingly lets their vehicle be used for street racing or a sideshow commits a Class B misdemeanor (Class A for a repeat). Aggravated street racing, where the race causes a crash with great bodily harm or permanent disability or disfigurement, is a Class 4 felony with 1 to 12 years if prison is imposed.
What is the penalty for boating under the influence in Illinois?
Operating or being in actual physical control of a watercraft at the driving alcohol limit (0.08 or more), while under the influence of alcohol, drugs or intoxicating compounds, or at the driving limit for THC is prohibited. A first offense is a Class A misdemeanor (under 1 year; fine up to $2,500). It is a Class 4 felony with a prior conviction under this law, when operating while boating privileges are suspended or revoked for such an offense, or when it causes great bodily harm or permanent disability or disfigurement (1 to 12 years if prison is imposed for the injury case). Causing a death is a Class 2 felony with 3 to 14 years if prison is imposed. Having a child under 16 aboard brings a mandatory minimum $500 fine and 5 days of community service, and refusing or failing chemical testing can lead to suspension of watercraft operating privileges.
Is insurance fraud a felony in Illinois?
Insurance fraud is knowingly obtaining or trying to obtain an insurer's or self-insured entity's property through a false claim. Grades depend on the amount: $300 or less is a Class A misdemeanor (under 1 year); more than $300 up to $10,000 is a Class 3 felony (2 to 5 years); more than $10,000 up to $100,000 is a Class 2 felony (3 to 7 years); and more than $100,000 is a Class 1 felony (4 to 15 years). Committing insurance fraud 3 or more times within 18 months (aggravated insurance fraud) is a Class 1 felony regardless of amount, and organizing an aggravated insurance fraud conspiracy is a Class X felony (6 to 30 years). Health care benefits fraud against a private provider is a Class A misdemeanor, and restitution, including court costs and attorney's fees, is mandatory.
What happens if you commit welfare or unemployment fraud in Illinois?
Public aid (welfare) recipient fraud is obtaining or trying to obtain aid, including food stamp (SNAP) benefits, by a false statement, willful misrepresentation, failing to report a change in status, or another fraudulent device. Grades depend on the total amount, which can be added together: under $150 is a Class A misdemeanor; $150 to under $1,000 a Class 4 felony; $1,000 to under $5,000 a Class 3 felony; $5,000 to under $10,000 a Class 2 felony; and $10,000 or more a Class 1 felony, with ineligibility for aid for 2 years or until repaid, whichever comes first. Repeat offenses are graded one class higher. The recipient must refund the full amount, and a court may add a civil penalty up to the amount of aid. For unemployment benefits, knowingly making a false statement or hiding a material fact to get benefits requires repayment and makes the person ineligible for 6 more weeks for a first offense (2 more weeks per later offense), and a willful false statement to obtain benefits is a Class B misdemeanor (up to 6 months).
Is bribery a felony in Illinois?
Bribery means offering or giving a public officer, public employee, juror or witness property or a personal advantage they are not allowed by law to accept, to influence their official acts; it also covers anyone who solicits, accepts or agrees to accept such a benefit. Bribery is a Class 2 felony (3 to 7 years). A public officer, employee or juror who fails to promptly report a bribe offer commits a Class A misdemeanor. Commercial bribery (offering a benefit to an employee, agent or fiduciary without the employer's consent to influence their conduct) and commercial bribe receiving are Class A misdemeanors with a fine up to $5,000 when the benefit is under $500,000, and Class 3 felonies (2 to 5 years) when it is $500,000 or more.
What are the penalties for tax evasion in Illinois?
Under the Illinois Income Tax Act, willfully failing to file a return, filing a fraudulent return, or willfully trying to evade income tax or its payment (and a preparer knowingly entering false information) is a Class 4 felony (1 to 3 years) for a first offense and a Class 3 felony (2 to 5 years) for each later offense. Willfully breaking Department rules or failing to keep required records is a Class A misdemeanor, as is an agent willfully failing to pay over a taxpayer's money to the Department. Prosecution must start within 5 years. Under the Retailers' Occupation (sales) Tax Act, a retailer who fails to file or files a fraudulent return commits a Class 4 felony when the amount due is under $300 and a Class 3 felony when it is $300 or more. These are in addition to civil penalties.
What are the penalties for sexual assault in Illinois?
Illinois calls rape 'criminal sexual assault': sexual penetration by force or threat of force, when the person knows the victim cannot understand the act or give knowing consent, by a family member with a victim under 18, or by someone 17 or older in a position of trust, authority or supervision over a victim 13 to 17. It is a Class 1 felony (4 to 15 years); a repeat conviction for the force or incapacity forms is a Class X felony with 30 to 60 years, and natural life after a prior aggravated or predatory conviction. Aggravated criminal sexual assault (for example with a weapon, causing bodily harm, endangering life, or during another felony) is a Class X felony (6 to 30 years), with 10, 15, 20 or 25-years-to-life added depending on use of a dangerous weapon or firearm. Sexual touching (sexual conduct) by force or with a victim unable to consent is criminal sexual abuse, a Class 4 felony (1 to 3 years; Class 2 for a repeat), and aggravated criminal sexual abuse is a Class 2 felony (3 to 7 years). Offenses based only on the victim's age are covered on the age-of-consent page.
What are the penalties for child molestation in Illinois?
Predatory criminal sexual assault of a child (a person 17 or older having sexual contact or penetration with a child under 13) is a Class X felony with 6 to 60 years; being armed with a firearm adds 15 years and discharging one adds 20 years, causing life-threatening or permanently disabling great bodily harm brings 50 years to natural life for an adult, and an adult convicted of offenses against 2 or more children receives natural life. Sexual penetration by someone under 17 with a child under 9 (or 9 to 12 by force) is aggravated criminal sexual assault, a Class X felony. Sexual touching of a child under 13 by someone 17 or older, of a 13- to 16-year-old by force, or of a child under 18 by a family member is aggravated criminal sexual abuse, a Class 2 felony (3 to 7 years); it is a Class 1 felony (4 to 15 years) when someone 17 or older in a position of trust, authority or supervision touches a victim under 18. Sexual penetration by a family member of a victim under 18 is criminal sexual assault, a Class 1 felony.
What are the child pornography laws in Illinois?
Illinois now names this offense 'child sexual abuse material' (formerly child pornography). Possessing material depicting a child under 18 (or a person with a severe or profound intellectual disability) in sexual acts or poses is a Class 3 felony (2 to 5 years), or a Class 2 felony (3 to 7 years) if it is a film or other moving depiction or the child is under 13. Producing it, disseminating or possessing it with intent to disseminate, using or enticing a child to appear in it, or a parent or guardian permitting it, is a Class 1 felony (4 to 15 years), or a Class X felony (6 to 30 years) for moving depictions or a child under 13. Each offense carries a mandatory minimum fine of $1,000 to $2,000 and a maximum of $100,000, and each separate image is a separate violation. A separate crime covers obscene depictions of a 'purported child', including computer-generated images indistinguishable from a real child: receiving or accessing them is a Class 3 felony and disseminating them a Class 1 felony, with higher grades for repeat offenses or depictions indistinguishable from a child under 13.
Is online solicitation of a minor a felony in Illinois?
Indecent solicitation of a child: a person 17 or older who knowingly solicits a child under 17 (or someone believed to be one), by any means including phone, computer or advertisement, to perform a sexual act, intending a sex offense, commits a Class 1, 2 or 3 felony depending on the act sought; knowingly discussing a sexual act with a child over the Internet with that intent is a Class 4 felony (1 to 3 years). Solicitation to meet a child (an adult using a computer, phone or other device to arrange to meet a child under 17 without a parent's knowledge for an unlawful purpose) is a Class A misdemeanor, or a Class 4 felony if the solicitor believes they are 5 or more years older. Grooming (someone 5 or more years older, or in a position of trust, using electronic communications, written messages or other conduct to lure a child under 17 into a sex offense or unlawful sexual conduct) is a Class 4 felony.
What happens if you fail to register as a sex offender in Illinois?
People convicted of listed sex offenses (including attempts and similar out-of-state, federal or military offenses), and certain people found not guilty by reason of insanity, must register in person with the Illinois State Police through local law enforcement within 3 days of establishing a residence, job, school or temporary domicile in any county, giving their address, employment, phone numbers, online identities and other details. Registration lasts 10 years for most offenders; it is for life for 'sexual predators' (for example people convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse or child sexual abuse material), sexually dangerous or sexually violent persons, and people who were already required to register before. Failing to register or comply, or giving false information, is a Class 3 felony (2 to 5 years), and a Class 2 felony (3 to 7 years) for a repeat violation, with a mandatory minimum of 7 days in jail and a $500 minimum fine.
Can a felon own a gun in Illinois?
Anyone convicted of a felony in any jurisdiction may not knowingly possess a firearm, firearm ammunition, or other prohibited weapons on their person, land, home or business, unless relief has been granted under the Firearm Owners Identification Card Act. A violation is a Class 3 felony with a special range of 2 to 10 years. It is a Class 2 felony with 3 to 14 years for a second violation, for a person with a prior forcible felony, weapons felony, stalking, or Class 2 or higher drug felony, or for a person on parole or mandatory supervised release; possessing a machine gun is a Class X felony. A prohibited person may ask the FOID Card Review Board or the circuit court for relief, which can be granted if the person has no forcible felony conviction within the past 20 years (or 20 years have passed since prison), is not likely to be dangerous to public safety, and relief is not contrary to the public interest or federal law.
Is hacking a crime in Illinois?
Computer tampering (accessing a computer, network, program or data without authorization or beyond authorization) is a Class B misdemeanor (up to 6 months); doing so and obtaining data or services is a Class A misdemeanor (Class 4 felony for a repeat); and accessing and damaging, deleting or altering programs or data, or inserting a harmful program such as a virus, is a Class 4 felony (Class 3 for a repeat). Aggravated computer tampering that disrupts vital government or public utility services is a Class 3 felony, or a Class 2 felony if it creates a strong probability of death or great bodily harm. Computer fraud (accessing a computer to carry out a scheme to defraud) is a Class 4 felony; damaging a computer or data as part of a fraud is a Class 3 felony; and obtaining money, property or services is a Class 4 felony up to $1,000, a Class 3 felony up to $50,000, and a Class 2 felony at $50,000 or more, with property forfeiture.
Is Illinois a one-party consent state?
Illinois requires the consent of all parties to record a private conversation in a surreptitious (secret) way. It is eavesdropping to secretly record or transmit a private conversation you are part of without all other parties' consent, to secretly overhear or record one you are not part of, to secretly intercept a private electronic communication, or to use or disclose information obtained that way. A 'private conversation' is an oral communication, in person or by phone or other means, that a party intended to be private in circumstances reasonably justifying that expectation. Eavesdropping is a Class 4 felony (1 to 3 years) for a first offense and a Class 3 felony (2 to 5 years) after that; recording a police officer, prosecutor or judge performing official duties without authorization is a Class 3 felony (Class 2 for a repeat).
Is filing a false police report a crime in Illinois?
Falsely reporting a crime is a form of disorderly conduct in Illinois. Knowingly telling a peace officer, public officer or public employee that a crime will be, is being or was committed with no reasonable ground to believe it, making a false 911 call or text knowing it could trigger an emergency response, falsely calling for an ambulance, or giving a false fire alarm is a Class 4 felony (1 to 3 years). A false report of a bomb, poison gas or biological, chemical or radioactive hazard is a Class 3 felony (2 to 5 years) with a $3,000 to $10,000 fine. A false report to a public safety agency without reasonable grounds is a Class A misdemeanor for a first offense and a Class 4 felony after that. Courts must order 30 to 120 hours of community service and can order repayment of emergency response costs (up to $10,000 for false 911 calls and school threats).
Does Illinois have a hate crime law?
Yes. Illinois has a separate hate crime offense: committing assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass, misdemeanor criminal damage to property, mob action, disorderly conduct, or certain harassment offenses because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status or national origin of another person or group. Hate crime is a Class 4 felony (1 to 3 years) for a first offense and a Class 2 felony (3 to 7 years) for a repeat; a first offense is a Class 3 felony (2 to 5 years) if committed at or near a place of worship, cemetery, school, public park or ethnic or religious community center. Courts must order restitution or a fine, and probation must include at least 200 hours of community service (where available) and an in-person anti-bias education program. For any crime, bias against a person for these kinds of characteristics is also a sentencing aggravating factor that can support a more severe sentence.
What happens if you violate parole in Illinois?
Illinois abolished discretionary parole for people sentenced under the 1977 law; they serve a fixed (determinate) sentence less good-conduct credit and are then released to a term of mandatory supervised release (MSR). The Prisoner Review Board decides violations of parole or MSR. A person charged with a violation gets a preliminary hearing before a Board hearing officer to decide whether there is cause for a revocation hearing (not needed when a court has found probable cause on new criminal charges or there is a new conviction), written notice of the alleged violation, and a revocation hearing before at least one Board member where they can answer the charge and bring witnesses. The Board may continue supervision (with or without new conditions), place the person in a halfway house, or revoke release and send the person back to prison, generally for the rest of the supervised release term less time already served on release. Release cannot be revoked for failure to pay unless the failure is a willful refusal.
What happens if you violate a restraining order in Illinois?
Knowingly violating certain remedies of a valid order of protection (for example stay-away or no-abuse provisions) after being served or otherwise learning its contents is a Class A misdemeanor (under 1 year). It is a Class 4 felony (1 to 3 years) if the person has a prior conviction for domestic battery or violating an order of protection, or for listed violent or sex offenses (such as murder, aggravated battery, stalking, kidnapping or criminal sexual assault) committed against a family or household member. A second or later violation of any order of protection carries a minimum of 24 hours in jail unless the court finds that manifestly unjust, and the court may order a fine or restitution. Violating a civil no contact order or a stalking no contact order is a Class A misdemeanor for a first violation and a Class 4 felony for a second or later violation.
When can a juvenile be tried as an adult in Illinois?
Illinois uses automatic exclusion, judicial transfer and extended jurisdiction juvenile (EJJ) prosecution. A minor who was at least 16 at the time and is charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged it is automatically prosecuted as an adult, along with all charges from the same incident. A judge may transfer a minor 13 or older to adult court on the State's Attorney's motion after finding probable cause and that proceeding in juvenile court is not in the public's best interest (discretionary transfer); for a minor 15 or older charged with a forcible felony who has a prior forcible felony and acted for an organized gang, transfer is presumed unless the minor shows by clear and convincing evidence that they are amenable to juvenile treatment. In an EJJ prosecution of a minor 13 or older charged with a felony, a conviction brings a juvenile sentence plus a stayed adult sentence that can take effect if the juvenile sentence is violated. Minors sentenced as adults are sentenced under the special juvenile-offender sentencing rules of 730 ILCS 5/5-4.5-105.
Does Illinois have the death penalty?
Illinois does not have the death penalty. It was abolished effective July 1, 2011, by Public Act 96-1543, which added the death-penalty abolition section to the Code of Criminal Procedure.
Can felons vote in Illinois?
In Illinois, people lose the right to vote only while they are serving a sentence for a conviction in a federal or state prison or county jail, including while on work release, on furlough, or living in an Adult Transition Center. People on parole, mandatory supervised release, electronic monitoring or probation can vote, as can people in jail awaiting trial. Rights return automatically on release, but a person must register to vote again even if registered before the conviction.
How do you restore your rights after a felony in Illinois?
Voting rights return automatically when a person is released from prison or jail (re-registration is required). Firearm rights are handled through the FOID (Firearm Owner's Identification) card system: a person denied a FOID card because of a felony may ask the FOID Card Review Board for relief, except that for forcible felonies, stalking, aggravated stalking, domestic battery, Class 2 or higher drug felonies, deadly-weapons felonies and juvenile felony adjudications the request must be filed with the circuit court in the county of residence. A pardon (executive clemency) comes from the Governor: petitions are filed with the Prisoner Review Board, which holds a hearing and sends a confidential recommendation to the Governor, who decides with no deadline.
Does Illinois have a three strikes law?
Illinois has two repeat-offender laws. Habitual criminal ('three strikes'): a person twice convicted of an offense that is now a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, who is then convicted of a Class X felony, criminal sexual assault or first degree murder, must be sentenced to natural life imprisonment; the third offense must be committed within 20 years of the first conviction (not counting time in custody), each offense must follow the conviction for the one before, and the first offense must have been committed at age 21 or older. Separately, a person over 21 convicted of a Class 1 or Class 2 forcible felony after two prior convictions for Class 2 or greater forcible felonies (first committed after February 1, 1978, each after conviction on the one before, first at age 21 or older) must be sentenced as a Class X offender (6 to 30 years).
Is delta-8 legal in Illinois?
Under SB 3222, signed June 12, 2026, selling intoxicating hemp products (such as delta-8, THC-P and HHC) to anyone under 21 is banned effective immediately, and buyers must show ID. Effective November 12, 2026, intoxicating hemp products are reclassified as cannabis and regulated under the Cannabis Regulation and Tax Act, the law that governs the licensed adult-use cannabis market; only non-intoxicating products with less than 0.4 mg total THC may be sold outside the licensed medical and adult-use cannabis market, and products must meet testing, labeling and child-resistant packaging rules.
Are magic mushrooms legal in Illinois?
Psilocybin and psilocyn are Schedule I controlled substances in Illinois. Possessing any amount (they are not among the drugs with weight-based possession tiers) is a Class 4 felony, punishable by 1 to 3 years in prison and a fine of up to $25,000.
Is kratom legal in Illinois?
Kratom is legal for adults in Illinois but restricted for minors under the Kratom Control Act. 'Kratom' includes any part of the Mitragyna speciosa plant and its compounds, including mitragynine and 7-hydroxymitragynine. A minor under 18 may not knowingly buy or possess any product containing kratom or use a false ID to get it (Class B misdemeanor, up to 6 months in jail), and no one may sell, buy for, give samples of or furnish kratom to a minor under 18 (Class B misdemeanor with a fine of at least $500). Kratom is not listed in Illinois' controlled-substance schedules.
Is CBD legal in Illinois?
Non-intoxicating hemp CBD products remain legal in Illinois. Under the Illinois Hemp Act (SB 3222), effective November 12, 2026, only non-intoxicating CBD products with less than 0.4 mg total THC may be sold outside the licensed medical and adult-use cannabis market; all products must use safe ingredients, be tested and carry detailed labels, and packaging may not target minors, mimic children's products, make health claims or imply state endorsement.
What is the smoking and vaping age in Illinois?
The minimum age to buy tobacco products, electronic cigarettes (vapes) and alternative nicotine products in Illinois is 21. No one may sell, buy for, give samples of or furnish these products to anyone under 21, and sellers must check government photo ID of anyone who appears under 30 (online sellers must use third-party age verification). A seller who violates the age rules commits a petty offense with fines of $200, $400, $600 and $800 for first through fourth offenses within 24 months. A person under 21 who uses or displays a false or altered ID to get these products commits a Class A misdemeanor; the Act sets no penalty for a person under 21 merely possessing them.
Is elder abuse a felony in Illinois?
Illinois covers people 60 or older. Criminal abuse or neglect of an elderly person (60 or older and unable to care for themselves) or a person with a disability by a caregiver, such as endangering their life or health, abandoning them, physically abusing or intimidating them, or willful deprivation, is a Class 3 felony (2 to 5 years), or a Class 2 felony with 3 to 14 years if the victim dies. Abuse of a long-term care facility resident is a Class 3 felony; criminal neglect of a resident is a Class 4 felony (Class 3 if death results). Financial exploitation of an elderly person (60 or older) or a person with a disability by someone in a position of trust is a Class 4 felony for $300 or less, Class 3 for $300 to under $5,000, Class 2 for $5,000 to under $50,000, and Class 1 for $50,000 or more, or $15,000 or more if the victim is 70 or older, or $5,000 or more if the victim is 80 or older. Battery of a person 60 or older is aggravated battery.
Is voyeurism a felony in Illinois?
Illinois' main voyeurism crime is unauthorized video recording and live video transmission. Knowingly recording or live-streaming another person without consent in a restroom, tanning bed or salon, locker room, changing room or hotel bedroom, or in that person's own home (including from outside by remote device), or recording a person's intimate parts to view their body or undergarments without consent, is a Class 4 felony (1 to 3 years). Placing a hidden camera in those places with intent to record is a Class A misdemeanor. Spreading such a recording is a Class 3 felony (2 to 5 years). Each offense goes up one class (to Class 3, or Class 2 for spreading) when the victim is under 18 or the offender is a registered sex offender. From January 1, 2027, recording a known victim or witness inside a courthouse without consent becomes a Class A misdemeanor.
Is assaulting a police officer a felony in Illinois?
In Illinois, simple assault (placing someone in reasonable fear of a battery) is a Class C misdemeanor and simple battery is a Class A misdemeanor, but both become aggravated offenses when the victim is a known peace officer, firefighter or other listed worker performing official duties, or targeted to prevent or retaliate for those duties. Aggravated assault of a peace officer, firefighter, emergency management worker or EMS worker is a Class 4 felony (1 to 3 years). Aggravated battery of a peace officer, community policing volunteer, firefighter, private security officer or correctional institution employee is a Class 2 felony (3 to 7 years), and a Class 1 felony (4 to 15 years) if it causes great bodily harm, permanent disability or disfigurement; discharging a firearm and injuring an on-duty officer is a Class X felony with a 15 to 60 year term.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.