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Criminal Threats Laws in Illinois

How Illinois law treats criminal threats (terroristic threats): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: 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. 720 ILCS 5/12-1, 5/12-2(c), (d), 5/12-9(c), 5/29D-20; 730 ILCS 5/5-4.5-25 to -65

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.
Source: 720 ILCS 5/12-1, 5/12-2(c), (d), 5/12-9(c), 5/29D-20; 730 ILCS 5/5-4.5-25 to -65

More Illinois criminal law

FAQ

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).
Can I get a court-appointed lawyer for criminal threats (terroristic threats) in Illinois?
Illinois's rule on court-appointed lawyers: 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. Ill. S. Ct. R. 401(a); People v. Campbell, 224 Ill. 2d 80 (2007); Burnette v. Terrell, 232 Ill. 2d 522 (2009); People v. Ellis, 309 Ill. App. 3d 443 (1999); People ex rel. Baker v. Power, 60 Ill. 2d 151 (1975)
How much does a lawyer for criminal threats (terroristic threats) cost in Illinois?
Lawyers set their own fees, and Illinois has rules on how they may charge. See hiring a criminal defense lawyer in Illinois for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for criminal threats (terroristic threats) in Illinois?
How release before trial works 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. 725 ILCS 5/110-6.1 (P.A. 101-652, 102-1104); Rowe v. Raoul, 2023 IL 129248 What happens after an arrest.
Can a conviction for criminal threats (terroristic threats) be removed from my record in Illinois?
Each state sets its own rules for sealing or expunging records. See Illinois expungement and record sealing rules.

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.