Crimes And Punishements Illinois

  1. The laws of crimes in this state is governed by the criminal code.
  2. Criminal law defines conduct that is prohibited by the government and the range of penalties that can be imposed for violating these prohibitions.
  3. In Illinois State Criminal Code applies only in Illinois whereas the federal government has a criminal code that regulates certain crimes nationwide.
  4. Most criminal activity violates either a state law or a federal law, not both; however, an important exception is drug crimes, which can be prosecuted in either state or federal court or both.
Attempt, Conspiracy, Aiding and Abetting
  1. Anyone who, with intent to commit a crime, takes a substantial step toward committing the crime may be guilty of attempt to commit a crime.
  2. The law of conspiracy and the law of aiding and abetting are other general doctrines that apply to a wide range of offenses.
  3. A conspiracy is an agreement between two or more persons to commit a crime.
  4. A person who intentionally aids or advises another in committing a crime may be guilty of aiding and abetting, and may be criminally liable for the acts of the other person, as well.
  1. Generally, an offense is any violation of the Illinois Criminal Code.
  2. The code has distinguished the offences in to two broad categories such as
    1. Felony and
    2. Misdemeanor.
  3. A felony is a crime for which a person can be sentenced to one year or more in the penitentiary, or to death.
  4. A misdemeanor is a crime for which a person can be sentenced to less than one year in jail.
  1. The most vulgar crimes, such as murder and rape, as well as white-collar crimes, generally are felonies under the Illinois Criminal Code.
Crimes Causing Harm to Persons
Homicide and Suicide
  1. Homicide is the unlawful killing of another human being. There are several types of homicide such as:
    1. murder,
    2. manslaughter, and
    3. reckless homicide.
  2. All forms of homicide are felonies.
  3. Murder is the unlawful killing of another with intent to kill and may be divided into subcategories by degree of seriousness.
    1. First degree murder is killing someone with intent to kill or to cause great bodily harm, or knowing that one's actions will cause death or create a strong probability of death or great bodily harm.

Punishment: 20 to 60 Years in penitentiary Or Natural Life or death Penalty

    1. Second degree murder is similar to first degree murder, except at the time of the killing the offender has the unreasonable belief that the killing is justified, or the offender is acting under an intense and sudden passion resulting from being provoked.

Punishment: Fine Up to $25,000 and/or 4 to 20 Years in penitentiary

    1. Manslaughter and reckless homicide differ from murder because these crimes do not require proof of intent. Under Illinois law, involuntary manslaughter is unintentionally killing another person while engaged in an action that is likely to cause death or great bodily harm if the action is done recklessly.

Punishment: Fine Up to $25,000 and/or 2 to 5 Years in penitentiary

    1. However, if the cause of death is by a person recklessly driving a motor vehicle, the crime is called reckless homicide.

Punishment: Fine Up to $25,000 and/or 3 to 14Years in penitentiary

  1. Suicide is taking one's own life. Suicide and attempted suicide no longer are crimes in Illinois.
  2. However, it is a crime to induce another to commit suicide.
Punishment if attempted: Fine Up to $25,000 and/or 2 to 5 Years in penitentiary.
Punishment if committed: Fine Up to $25,000 and/or 3to 7Years in penitentiary.
Assault and Battery
  1. Assault is defined as an act that makes another person have reasonable apprehension of battery.

Punishment: Fine up to $1500 and/or up to 30 Days Jail.

  1. Battery means intentionally or knowingly and without legal justification causing bodily harm to another person, or making an insulting or provoking physical contact with a person.
Punishment: Fine up to $2500 and/or up to 1 year Jail.
  1. Criminal sexual assault also known as rape. This offence is a felony that carries with it severe penalties.
  2. Criminal sexual assault is sexual penetration by force or threat of force, without consent of the victim, or against a minor.

Punishment: Fine up to $25000 and/or up to 2 to 5 years penitentiary.

  1. Aggravated criminal sexual assault is criminal sexual assault when one of the following occurs:
    1. A dangerous weapon is used or displayed
    2. The offender causes bodily harm
    3. The rape occurs during the course of another felony
    4. The victim is over 60 years of age
    5. The victim has a physical disability
    6. The victim is under nine years of age
    7. The victim is institutionalized and severely mentally retarded

Punishment: Fine up to $25000 and/or up to 6to 30 years penitentiary.

  1. It is criminal sexual abuse, sometimes called statutory rape, for anyone to have sexual penetration or sexual conduct with a victim under the age of 17. If the accused is over 5 years older, it is a felony.

Punishment: Fine up to $25000 and/or up to 3 to 7 years penitentiary.

  1. Criminal sexual abuse also can be sexual conduct other than sexual penetration in which force is used or the victim was unable to consent.
  1. Kidnapping is secretly and knowingly confining a person against his or her will, or using deceit, enticement, force, or threat of force to cause a person to go from one place to another with the intention of secretly and knowingly confining that person against his or her will.
  2. Confining a child 12 years old or younger without the consent of the child's parent also constitutes kidnapping.

Punishment: Fine up to $25000 and/or up to 3 to 7 years penitentiary.

  1. Aggravated kidnapping is kidnapping under additional circumstances or with additional actions, such as kidnapping while wearing a mask or with a dangerous weapon, or kidnapping for ransom. All forms of kidnapping are felonies.
Punishment: Fine up to $25000 and/or up to 6to 30years penitentiary.
  1. The crime of intimidation is defined as intending to cause another person to act a certain way by threatening the person by phone, by mail, or in person. Intimidation is a felony. The threats can include threatening to
  2. Hurt the person, another person, or property
  3. Physically confine or restrain the person
  4. Commit a crime or accuse the other person of committing a crime
  5. Expose the person to hatred or ridicule
  6. Cause a strike or boycott
Punishment: Fine up to $25000 and/or up to 1 year in jail.
  1. Stalking is the crime of knowingly following a person or putting a person under surveillance without justification, combined with threatening the person or causing the person to believe the stalker will harm him or her physically. Stalking also is a felony.
  2. The acts of following or watching must occur on at least two separate occasions to be stalking.

Punishment: Fine up to $25000 and/or up to 1 to 3 years penitentiary.

  1. A person commits aggravated stalking by actually causing physical harm. Another form of aggravated stalking is stalking that violates an order of protection.
Punishment: Fine up to $25000 and/or up to 2to 5 years penitentiary.
  1. A hate crime is defined as a crime such as assault, battery, or theft committed against a person because of his or her ancestry, color, disability, gender, national origin, race, or sexual orientation.
Punishment: Fine up to $25000 and/or up to 1 to 3 years penitentiary.
Federal Drug and Gun Laws
  1. Federal laws contain penalties for distributing controlled substances, such as crack cocaine, especially if firearms are even remotely involved.
  2. Penalties for controlled substance offenses become even harsher as quantities of the contraband increase.
Punishment: 5 years mandatory imprisonment without parole
  1. The crime against property may include:
    1. Theft
    2. Robbery
    3. Burglary
  2. The legal definition of theft is obtaining, exerting control over, and intending to deprive; or knowingly using, concealing, or abandoning so as to deprive a person of his or her property.

Punishment: Fine up to $2500 and/or up to 1 year in jail.

  1. It may include
    1. writing bad checks,
    2. keeping found property without making a reasonable attempt to find its rightful owner,
    3. misusing trade secrets,
    4. unlawfully tapping into cable television or other television services,
    5. interfering with public utilities, or
    6. taking large sums of money by deception from persons over age 60.
  2. If the value of the property taken is $300 or more, the crime of theft is a felony.

Punishment: Fine up to $25000 and/or up to 1 year penitentiary.

  1. The theft always is a felony if a firearm is involved or if the accused has been convicted previously of theft, burglary, or robbery.
  2. Burglary, because it involves entering or remaining in a building or dwelling without authority and with the intent to commit theft or a felony there, generally is a felony.
  3. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it also is burglary to enter with the intent to commit a felony such as arson or murder.
  4. A robbery is unlawfully taking personal property from another person or in the presence of the other person while using or threatening to use force against the person.
  5. Aggravated robbery is robbery committed with a dangerous weapon.
Punishment: Fine up to $25000 and/or up to 3 to 7years penitentiary.
  1. Under the Criminal Code, misdemeanors range from
    1. unlawfully interfering with a public utility
    2. criminal trespass to a residence, a vehicle, or real property,
    3. to intentionally damaging a traffic sign or traffic light.
  2. Under the law, many crimes are misdemeanors on the first offense, but become felonies on the second offense.
  3. Misdemeanors carry a maximum punishment of a fine and less than one year of incarceration.
  4. Crimes for which a person may be punished by more than one year in jail or in prison are categorized in Illinois as felonies.
  1. Alcohol and drug-related traffic offenses, commonly known as Driving Under the Influence (DUI) are frequently prosecuted crimes in Illinois.
  2. If a person's blood alcohol concentration (BAC) is 0.10 or greater and the person is in physical control of a motor vehicle, he or she is presumed to be driving under the influence.
  3. Even if a person's BAC is more than .05 but less than 0.10, the person may face DUI charges if there is other evidence to show DUI.
  4. It is a DUI-related offense to carry alcoholic beverages in a vehicle, unless the beverages are sealed in the original containers.
  5. A person also can be held liable for serving alcohol to someone who commits a DUI offense.
  6. A person age 21 or over who is convicted of DUI the first time faces a mandatory sentence of losing driving privileges for at least one year, as well as possible imprisonment.
  7. If the person had a child in the car at the time of the arrest, the judge must add to the punishment a fine of $500 to $1,000 and five days of community service.
  8. Subsequent convictions carry increased jail time, higher fines, mandatory community service for ten days, and/or loss of driving privileges for up to six years.
  9. Aggravated DUI is committed if the offender
    1. Has three or more DUI arrests
    2. Commits DUI while driving a school bus full of children
    3. Is convicted of DUI after a collision that caused great bodily harm or permanent disfigurement or disability
    4. Has a second DUI conviction after a DUI conviction that caused reckless homicide or great bodily injury
  10. Aggravated DUI carries with it a loss of driving privileges for one year, a minimum fine of $10,000, and possible imprisonment for one to three years.
  11. Numerous other offenses connected to DUI are misdemeanors in Illinois. Offenses include
    1. Falsifying a driver's license
    2. Failing to carry valid automobile insurance
    3. Allowing one's residence to be used by children under the age of 21 to drink
    4. Selling alcohol to a minor or an intoxicated person
    5. Knowingly renting a hotel or motel room to a person under the age of 21 who is drinking alcoholic beverages
    6. Allowing a person under the influence of alcohol to operate one's vehicle