Unit 2

Offense (720 ILCS 5/2-12)

A violation of any Illinois penal statute is an Offense. There are four separate types of Offenses in Illinois State Law (not counting local ordinances). They are felonies, misdemeanors, petty offenses, and business offenses. Each has their own limitations concerning how such violations would be penalized. Example: Burglary is a felony. Assault is a misdemeanor. Speeding is a petty offense. The Sale of Alcoholic Liquor without a License is a business offense.

Inchoate Offenses

An Inchoate offense is an incomplete or unfinished offense. The type of inchoate offense depends, to a point, on just how close the suspect gets to the completion of his offense. The following is a list of inchoate offenses that are recognized in Illinois.

Public Indecency (720 ILCS 5/11-30)

Comments For this offense there is an age requirement for the offender which is 17 years old or older. The elements for the offense are straight forward. Just remember the acts must occur in a public place (any place where the conduct may reasonably be expected to be viewed by others). An example of a (1) could be where two individuals engage in sexual penetration or sexual conduct inside of a car in a park or parking lot. An example of a (2) would be a person masturbating in public.

Travelling to Meet a Minor (720 ILCS 5/11-26)

Comments Here the offender hops on a plane from Nevada to Illinois to meet with a 15-year old girl that the offender met in an on-line chat room. The conversations included wanting to engage in sexual intercourse. Once in Illinois the offender goes to a parking lot of a box store to meet with the 15 year old, but meets a 30 something police officer that had posed as the 15 year old girl on-line (hopefully as opposed to a real 15 year old girl). Traveling includes travel within, to or from Illinois. Previous Term

Intoxicated or Drugged Condition (720 ILCS 5/6-3)

Comments Illinois now only recognizes involuntary intoxication or drugged condition as an affirmative defense. Voluntary intoxication is not a defense. In other words, if your suspect voluntarily gets drunk and robs a bank, he will not be able to claim this defense. Example Someone spikes your suspect's drink and he accompanies others when they rob a bank. The suspect's involuntary intoxicated condition may be used as a defense to the charge of armed robbery.

Insanity (720 ILCS 5/6-2)

Comments In Illinois, insanity is an affirmative defense. That means that if the defendant wants to avoid criminal responsibility for his conduct by raising this defense, he has to bring forth evidence that he was insane. This defense is now limited only to those situations where the defendant's mental condition prevents him from understanding that his conduct was criminal. Example A defendant who successfully raises an insanity defense will generally be involuntarily committed until he is declared to be sane again.

Knowledge (720 ILCS 5/4-5)

Comments In this case, the defendant acts with conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a result will follow (as defined in the statute creating the offense) and that disregard must constitute a gross deviation from the standard of care which a reasonable person would exercise in that situation. Example The suspect picks up a rock and throw it at a house. He may not have intended to break a window of that house. However, he did know that the rock he threw could result in the window being broken.

Kidnapping (720 ILCS 5/10-1)

Comments Note that originally kidnapping required the carrying away of the victim. The victim had to be transported from one place to another. That rule has been changed somewhat to now include the defendant's act of secretly confining the victim. Also note that now a child under 13 can be kidnapped even if the child willingly accompanies the defendant. A lack of parental consent now constitutes an act against the child's will.

Patronizing a Minor Engaged in Prostitution (720 ILCS 5/18.1)

Comments Similar to Patronizing a Prostitute with the exception that the person engaged in prostitution is under the age of 18 or is a person with a severe or profound intellectual disability.

Entrapment (720 ILCS 5/7-12)

Comments Sting operations normally give rise to these arguments. The suspect says he didn't want to do it but the police made him do it, or the police offered him large sums of money to do it. If the defendant was predisposed to commit the offense, the act of the police in affording him that opportunity does not constitute entrapment. Example An officer, posing as a drug purchaser, accepts an offer from another person to purchase drugs for $20. The officer was only affording the person with the opportunity to sell drugs. This was not entrapment.

Indecent Solicitation of a Child (720 ILCS 5/11-6)

Comments The key element for this offense is knowing or believing the victim to be a child. The offense also covers talking about an act of sexual conduct or sexual penetration via the internet knowing or believing the victim is a child. For both sections the offender needs to be 17 years old or older.

Solicitation of Murder for Hire (720 ILCS 5/8-1.2)

Comments The ultimate aggravated form of Solicitation is this offense. It is committed when your suspect offers to pay for the murder she wishes to be committed. Example Your suspect has had no luck finding someone to kill her husband for free. Consequently, she offers to pay someone to have the job done. This would constitute the offense of Solicitation of Murder for Hire

Harboring a Runaway (720 ILCS 5/10-6)

Comments The unusual thing about this offense is the fact that it is aimed at a person who, arguably, was attempting to help a runaway child. The danger here is that despite the alleged good intentions of the defendant, failing to inform the parents or guardian regarding the whereabouts of a runaway child could cause more harm than good. That is the purpose of the creation of this offense. Obviously, if this defendant has bad, rather than good, motives, other offenses could arise.

Statute of Limitations

Comments There usually has to be an end to everything. This also includes the ability to prosecute defendants. As a general rule, the state's attorney has three years to prosecute a felony and 18 months to prosecute misdemeanors. There are, however, exceptions to almost every rule. There are some offenses in Illinois that have extended periods of time in which prosecutions can be brought. Other offenses, due to the seriousness of those offenses, have no statute of limitations. Example In Illinois, Leaving the scene of a motor vehicle accident involving death or personal injury, Driving Under the Influence involving death or personal injury, the homicide statutes, Forgery, Arson, Treason, Child Pornography, and sex offenses where DNA evidence is collected have no statute of limitations. That means these offenders can be prosecuted whenever they get caught, no matter how long it takes.

Compulsion (720 ILCS 5/7-11)

Comments This defense revolves around a suspect who claims that he was forced to commit his alleged crime. In effect, he argues that he "had no choice." Someone forced the suspect to do what he did. Example A pizza deliveryman is forced to wear a bomb around his neck and he is threatened that he will die if he doesn't rob a bank.

Necessity (720 ILCS 5/7-13)

Comments This is an affirmative defense raised by a suspect who argues that circumstances required that he did what he did. This type of defense only works if the suspect was without blame in causing or developing the situation and if the suspect reasonably believed that his conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct. In order for this defense to work, the harm caused by the defendant must be less serious than the consequence of his failing to act. This defense is only available if no other alternative is available to suspect. Example A guy is having a heart attack in his car and your suspect breaks the window of the car so that he can enter and help the man. A defense of necessity is available. A man is caught stealing a loaf of bread because his family was hungry. Because other alternatives are available, the defendant cannot use this defense.

Solicitation of Murder (720 ILCS 5/8-1(a))

Comments This is an aggravated form of simple Solicitation. It is committed when, with the intent to have someone killed, your suspect solicits another to commit murder. Example Your suspect is sick of her husband. In order to get rid of him, she asked her boyfriend to kill him. The act would constitute the offense of Solicitation of Murder.

Negligence (720 ILCS 5/4-7)

Comments This state of mind requires a suspect's failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow and that failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in that situation. Criminal negligence is rarely used as a crime in Illinois. It generally results in a civil action, not a criminal offense. Example Criminal neglect of an elderly person is a common area where negligence is alleged.

Patronizing a Prostitute (720 ILCS 5/11-18)

Comments This statute applies when a person actually engages in sexual penetration or other sex act with a prostitute. This offense also includes an element of either entering or remaining in a place of prostitution. Previous Term

Indecent Solicitation of an Adult (720 ILCS 5/11-6.5)

Comments This statute covers the arranging for a person 17 years of age or older to commit an act of sexual penetration or sexual conduct to a victim A) under the age of 13 or B) a victim 13 or over but under 17 years of age (i.e., 13-16).

Failure to Report Sexual Abuse of a Child (720 ILCS 5/11-1.9B)

Comments This statute mandates that if you see an act of Sexual Abuse you must report it to the authorities. The age of "child" in this case is under the age of 13.

Sexual Misconduct with a Person with a Disability (720 ILCS 5/11-9.5)

Comments This statute protects the disabled in a state run or community run residential or treatment facility. The prohibited act can be either sexual conduct or sexual penetration. An offender cannot claim "the victim gave consent" under this offense as long as the person is considered disabled and resides or receives care from a state run or community run facility.

Defenses (consent) (720 ILCS 5/11-1.70)

Comments This subsection creates the defense of consent to any offense in this section where it is alleged that there was the use of force or the threatened use of force. However, the mode of the victim's dress or his or her lack of verbal or physical resistance or submission does not constitute consent. Also note that a victim who originally consents may withdraw that consent during the course of the sexual penetration or conduct.

Aggravated Criminal Sexual Abuse (720 ILCS 5/11-1.60)

Comments Using some of the same aggravating factors found in Aggravated Criminal Sexual Assault, this offense created an enhanced offense of criminal sexual abuse.

Solicitation of a Sexual Act (720 ILCS 5/11-14.1)

Comments Whereas Prostitution is offering a sex act for something of value. Solicitation of a Sexual Act where any person offers someone something of value to perform any kind of sex act. The solicitor is commonly referred to as the "John" in the transaction.

Correctional Institution Employee

A person employed by a penal institution.

Coach

A person recognized as a coach by the sanctioning authority that conducts an athletic contest.

Sexual Exploitation of a Child (720 ILCS 5/11-9.1)

Comments For this offense the offender must either engage in a sexual act or expose his/her sex organs, anus or breast for the purpose of sexual arousal or gratification of the offender, child or one whom the offender believes is a child. A person can also commit sexual exploitation of a child by knowingly entices, coerces or persuades a child to remove the child's clothing for the purpose of sexual gratification of the offender, child or both. This offense was created to protect children from sexual predators. With the advent of the "dark web" child predators hide out there and share child pornography with other predators and attempt to entice children to be a part of their criminal enterprise by taking explicit photos and videos of themselves and posting them back on the "dark web".

Trafficking, Involuntary Servitude, and related offenses (720 ILCS 5-10-9)

Comments Here we have a statute that addresses Human Trafficking. This statute not only addresses the sexual exploitation of individuals, but also the forced labor of individuals.

Accountability for Conduct of Another

Comments If your suspect causes another to perform criminal conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state OR if the suspect solicits, aids, abets, agrees or attempts to aid another person in the planning or commission of an offense, he is legally accountable for the conduct of that other person. Example A drug grower needs a place to dry his pot. Your suspect has an old shed and he allows the grower to use it. Your suspect has aided the grower in committing this Cannabis offense. This makes him accountable for that offense.

Citizen Initiated Prosecution

Comments In Illinois, only prosecutors (and in certain limited situations, law enforcement officers) are authorized to initiate criminal prosecutions. These include the various State's Attorneys and the Illinois Attorney General. Private Citizens must work through these offices if they wish to see defendants prosecuted for criminal offenses.

Burden of Proof

Comments In a criminal case, the People have the burden of proving a defendant guilty beyond a reasonable doubt. While this is a heavy burden, it clearly is not impossible to achieve. It is accomplished every day. Example Note the difference between a criminal case and a forfeiture case. In the criminal case, the burden is beyond a reasonable doubt. However, the burden of proof in a forfeiture case is proof by a preponderance of the evidence.

Recklessness (720 ILCS 5/4-6)

Comments In this case, the defendant acts with conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a result will follow (as defined in the statute creating the offense) and that disregard must of a substantial and unjustifiable risk that circumstances exists or that a result will follow (as defined in the statute creating the offense) and that disregard must constitute a gross deviation from the standard of care which a reasonable person would exercise in that situation. Example Firing a gun down a busy street is a good example. In firing that gun, the suspect has to consciously disregard the substantial risk that those individuals walking down that street might be injured.

Involuntary Manslaughter and Reckless Homicide (720 ILCS 5/9-3)

Comments Note that this offense classification is somewhat rare because it contains not one but two named criminal offenses. Also note that the elements of both of these offenses are identical. Why create two separate but identical offenses within the same statutory creation? The answer is human nature. These offenses deal with the reckless conduct of the defendant that causes the victim's unintentional death. The classic example of Involuntary Manslaughter would consist of a defendant who was playing with a bow and arrow. He recklessly shoots the arrow and unintentionally kills his victim. He acted recklessly and thereby caused the victim's unintentional death. The offense of Reckless Homicide is the offense of Involuntary Manslaughter which is committed by the use of a motor vehicle, a snowmobile, and all-terrain vehicle, or a water craft. Why call this offense Reckless Homicide? The Illinois Legislature decided that people would be reluctant to convict a person of "Manslaughter" in cases where the defendant drove a car recklessly and unintentionally killed someone. (This was known as the" There but for the grace of God goes me" principle.) It was simply too easy for a jury to place themselves in the position of the defendant and refuse to convict him of Involuntary Manslaughter. Rather than run the risk, the Legislature simply chose to call the offense "Reckless Homicide" rather than Involuntary Manslaughter.

First Degree Murder (720 ILCS 5/9-1)

Comments Originally, Illinois had only one criminal offense of murder. In 1986, the Illinois Legislature did away with the old offense of murder and created First-Degree Murder. This offense was intended to cover the classic homicide situation where the defendant acted intentionally or knowingly and thereby caused the victim's death. Also included within this offense is felony murder. Felony murder is committed when the victim dies during the commission of a forcible felony.

Criminal Sexual Assault (720 ILCS 5/11-1.20)

Comments Originally, a sexual attack could result in a charge of Rape, Deviate Sexual Assault, or Indecent Liberties with a Child. In 1984, these offenses were repealed and four new offenses were created that combined the features of all of these offenses. This particular offense deals with the sexual penetration of the victim.

Absolute Liability (720 ILCS 5/4-9)

Comments Proof of a mental state is not necessary in these cases. They result in the punishment of defendants without ever proving that they acted with any mental state at all. Example Most of the minor traffic code violations are absolute liability offenses. Speeding is a good example.

Aggravated Unlawful Restraint (720 ILCS 5/10-3.1)

Comments The aggravating factor used in this offense is the defendant's use of a deadly weapon. Note that deadly weapons are not limited to firearms.

Sexual Relations within Families (720 ILCS 5/11-11)

Comments This is commonly referred to as incest. Persons known to be related as siblings, parent and child, aunt/uncle and niece/nephew, great aunt/great uncle and great niece/great nephew, grandparent and grandchild cannot commit an act of sexual penetration (no matter how old, we say people related in this way either by whole/half blood, adoption, or step relationship cannot engage in sexual penetration). This statute applies when the victim has reached his/her 18th birthday. So, if dad begins having sex with his daughter at age 10 and it continues until she is 20, he committed the offense of Predatory Criminal Sexual Assault until her 13th birthday; Criminal Sexual Assault until her 18th birthday; this crime after her 18th birthday.

Unlawful Restraint (720 ILCS 5/10-3)

Comments This offense is often used in domestic violence situations. The defendant "detains" his or her spouse during an argument. Also note that this offense does not require the use of force. How can a son detain his elderly parent? It could be argued that an elderly person may be unlawfully detained simply by taking her or her eye-glasses, car keys, or even walker.

Promoting Juvenile Prostitution (720 ILCS 5/11-14.4)

Comments This offense not only has age requirements of the person engaged in prostitution being either under the age of 18 or under the age of 13, but includes a provision where the person engaged in prostitution is a person with a severe or profound intellectual disability. This offense provides for a Class 1 felony or Class X felony depending on the aggravating factors.

Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40)

Comments This offense primarily focuses on the age between offender and victim. The offender must be at least 17 years old or older and the victim is under 13 years of age. Also addressed is the use of a firearm, causing great bodily harm or using a controlled substance on a victim under 13 years of age.

Second Degree Murder (720 ILCS 5/9-2)

Comments This offense was also created in 1986. It was intended to cover those situations where the defendant commits First Degree Murder but other, mitigating factors exist. Those mitigating factors do not excuse or justify the conduct of the defendant but they are sufficient to allow the defendant to be convicted of this lesser charge. These mitigating factors included a sudden and intense passion on the part of the defendant or an unreasonable belief that his or her actions were justified.

Aggravated Kidnapping (720 ILCS 5/10-2)

Comments This offense was created to address kidnappings that include circumstances that increase the inherent danger caused by the conduct of the defendant. These facts include kidnapping for ransom, the use of a disguise by the defendant, and the young age of the victim. Also note the new changes to this offense that incorporate the use of a firearm by a defendant while committing this offense. The use of a firearm results in many years being added to the defendant's prison sentence.

Solicitation to Meet a Child (720 ILCS 5/11-6.6)

Comments This offense was created to combat the growing use of computers and other electronic devices to engage in illicit activities, specifically child predators. State and local task forces have been created to combat this growing threat. The task forces use specially trained officers to pose as children on the internet to attempt to locate child predators. The offender must be 18 years of age or older. For purposes of this section "child" means any person under 17 years of age.

Forcible Detention (720 ILCS 5/10-4)

Comments This offense was created to deal with hostage situations. It does not squarely fit within the kidnapping offense because it does not require secret confinement or the transportation of the victim. It is more serious than mere unlawful restraint because it specifically involves the use of a dangerous weapon or the hostage was a peace officer or a correctional employee. Obviously, the potential consequences of this offense are much greater than mere unlawful restraint.

Concealment of Homicidal Death (720 ILCS 5/9-3.4)

Comments This offense was originally created to cover those situations where we are unable to prove that the defendant actually caused the death of the victim. The facts only show that the defendant "dumped" the body of the victim.

Unlawful Visitation or Parenting Time Interference (720 ILCS 5/10-5.5)

Comments Without a doubt, the application of this offense has created many headaches for law enforcement officers. It was created, believe it or not, by a legislator who had been having difficulties visiting his own kids. The trouble with this offense is the difficulty of defining exactly what constitutes an interference with visitation rights. Note the mandatory requirements that law enforcement officers give a notice to appear to a person alleged to have committed this offense.

Conduct (720 ILCS 5/2-4)

Criminal conduct is an act or a series of acts along with a mental state. One must first determine if an act (or failure to act) has occurred and then determine if the suspect possessed one of the basic mental states. Remember, criminal conduct is a combination of an act and a mental state. Most of the time a mental state is required; sometimes, however an act alone is sufficient. See "absolute liability" - 5/4-9) Example: Consider a husband and wife sleeping in the bed. The husband, in his sleep, rolls over and smacks his wife in the face. You have an act. The husband struck his wife. However, you do not have the required mental state. Thus, the husband's act does not constitute criminal conduct. You need both an act and a mental state in this case.

Forcible Felony (720 ILCS 5/2-8)

Forcible felonies are the most serious and the most dangerous types of felonies. Felony murder is based upon the commission of forcible felonies. Additionally, a police officer may sometimes use deadly force in response to the commission of a forcible felony Treason, First Degree Murder, Second Degree Murder, Predatory Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Criminal Sexual Assault, Robbery, Burglary, Residential Burglary, Aggravated Arson, Arson, Aggravated Kidnapping, Kidnapping, Aggravated Battery resulting in Great Bodily Harm or Permanent Disability or Disfigurement, and any other felony which involves the use or threat of physical force or violence against any individual.

Offense Based on Injury to a Child or Person with an Intellectual Disability (720 ILCS 5/12-3.05(b))

Here there is an age requirement that the defendant must be at least 18 years of age and the victim must be under the age of 13 years or a person with a severe or profound intellectual disability. Pay close attention to subsections (b)(1) and (2). (1) States great bodily harm, disfigurement or permanent disability and (2) States just bodily harm, etc... Penalty for subsection (b)(1) is a Class X Felony.

Family or Household Members

Include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.

Probation Officer

Means a person as defined in the Probation and Probation Officers Act. Previous Term

Possession as a Voluntary Act (720 ILCS 5/4-2)

The violator must voluntarily receive or procure the thing possessed or, at least, control it long enough so as to have an opportunity to get rid of it. Example: A man is driving his brother's car. In the glove compartment of that car is a gun. Since the man was totally unaware of the gun, he did not possess it. (If, however, the man knew of the gun and did nothing about it, he might be charged with possession of the gun.)

Felony (720 ILCS 5/2-7)

These are the most serious offenses. They are the only offenses that can result in a person being sent to prison. Illinois recognizes five different classes of felonies. They are (from least serious to most serious) Classes 4, 3, 2, 1 and X. First- Degree murder is classified as a Special Felony Offense. Burglary, Theft over $500, Illegal Possession of a Controlled Substance, and Aggravated Battery are all examples of felonies.

Act (720 IL CS 5/2-2)

This does not have to be an affirmative action on the part of the individual; it can also be a failure to act. Example: Consider the criminal offense of Endangering the Life or Health of a Child. Leaving a child alone in the house while the parent is out buying drugs may constitute an act. Failing to supervise the child while taking the drugs also may constitute an act.

Offense Based on Use of a Firearm (720 ILCS 5/12-3.05(e))

in this subsection everything is the same as the other subsections with the exception that the firearm causes an injury to a person.

Utility Worker

A person employed by a public utility.

Prostitution (720 ILCS 5/11-14)

Comments Any person who knowingly performs, offers or agrees to perform any act of sexual penetration for anything of value. Prostitution may also form the basis of Human Trafficking.

Permitting Sexual Abuse of a Child (720 ILCS 5/11-9.1A)

Comments Basically, the offender of this statute has knowledge that a child or children in their care is being sexually abused or allows a child or children to be prostituted. The age of "child" is under the age of 17 years.

Conspiracy (720 ILCS 5/8-2)

Comments Conspiracy is the next step in inchoate offenses. It is committed when your suspect agrees with another to the commission of an offense. Additionally, the parties (either your suspect or his co-conspirator) commit an act in furtherance of their conspiracy. Example Your suspect and his friend need money. Both agree to rob a store. In furtherance of this agreement, your suspect (or his friend) goes out and obtains a gun. This agreement and the act in furtherance of that agreement constitutes the offense of Conspiracy.

Criminal Sexual Abuse (720 ILCS 5/11-1.50)

Comments For the most part (although not exclusively) this offense deals with illegal sexual conduct on the part of the defendant.

Infancy (720 ILCS 5/6-1)

Comments No person under the age of 13 years can be convicted of a criminal offense in Illinois. Example Persons under 13 years who commit criminal offenses will be dealt with.

Attempt (720 ILCS 5/8-4)

Comments The offense of attempt is the ultimate in inchoate offenses. It is committed when your suspect, with the intent that his offense be committed, commits an act that constitutes a substantial step toward the commission of the offense. Example Your suspect is sick and tired of trying to get someone to kill her husband so she takes matters into her own hands. She takes a knife and stabs him in the back. Fortunately (or unfortunately) for your suspect, her husband survives. She intended to kill her husband and she committed an act which constitutes a substantial step towards the completion of that goal

Ignorance or Mistake (720 ILCS 5/4-8)

Comments The old saying that "ignorance is no excuse" is not quite true. The actual rule is a defendant's ignorance or mistake only excuses his conduct if it was sufficient to show that he lacked the needed mental state to commit that particular offense. Most of the time this will not be a viable defense since it is only applicable in specific circumstances outlined in 720 ILCS 5/4-8(b).

Grooming (720 ICLS 5/11-25)

Comments The premise behind this offense is to prevent child predators from using electronic devices to communicate with minors in order to seduce, lure, solicit or an attempt to solicit, lure, or entice a child to commit any sex offense. This also applies to distributing photographs of a child's sex organs. Example would be the offender texting a child an explicit message to engage in sexual intercourse; knowing the offender is texting to a child or a person believed by the offender to be a child. Using any types of social media would fall under this category as well.

Intent (720 ILCS 5/4-4)

Comments The suspect intends to do the act that results in the offense. An attempt to commit an offense must be accomplished by an intentional act. Example A person can be guilty of attempted first-degree murder, is when the suspect intended to kill the victim.

Failure to Report the Death or Disappearance of a Child under 13 years of age (720 ILCS 5/10-10)

Comments This legislation came about after the death of Caylee Anthony, the Florida toddler whose death went unreported for about a month. This law provides a way for prosecutors to charge an offender who may kill a child and attempt to hide the body and the evidence associated with it. The longer the remains of a child are hidden or if they are destroyed, valuable evidence may be lost, making prosecution of a homicide that much more difficult.

Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30)

Comments This offense addresses situations where the defendant used a dangerous weapon (or a firearm) during the commission of the criminal sexual assault or some other aggravating factor is present resulting in an enhanced penalty.

Solicitation

Comments This offense constitutes a type of invitation. Specifically, it is committed when your suspect commands, encourages or requests another to commit an offense. Example Your suspect would like to cook up some methamphetamine. However, he does not have the ingredients to do the job. In order to get them he asks his friend to steal some anhydrous ammonia. This request would constitute the criminal offense of Solicitation.

Promoting Prostitution (720 ICLS 5/14.3)

Comments This offense goes after the "pimps". Some large agencies throughout the country are targeting the "pimps" instead of the prostitutes or their clientele. These agencies see prostitutes as victims due to the Human Trafficking element. These agencies are trying to remove the prostitute from their "pimp" in order to assist them with recovery from drug and alcohol addictions and getting their lives back on track.

Child Abduction (720 ILCS 5/10-5)

Comments This offense is most often applied in cases involving child custody disputes. It was created to prevent the application of the offense of kidnapping, a much more serious offense. Notice also subsection (b)(10). According to that subsection, a defendant can commit this offense merely by attempting to lure a child under the age of 17. Generally, "child" in this statute is defined as under the age of 18 or a person with a severe or profound intellectual disability.

Drug Induced Homicide (720 ILCS 5/9-3.3)

Comments This offense was created in 1989 and was a direct result of the drug epidemic in Illinois. What happens if a drug dealer sells a "hot shot" to a customer and the customer dies as a result of taking those drugs? Before this offense, the Prosecutor had to rely upon the standard Murder or Involuntary Manslaughter offenses to try to cover the situation. The trouble was that these facts do not squarely fit those offenses. This offense was created to precisely fit that fact situation. The evidence presented must prove that the substance the victim took actually caused the victim's death rather than the death merely resulted from the taking of the substance. Note: A "hot shot" is a lethally large amount of heroin, usually given to troublemakers to make them appear to be a random overdose.

Luring of a Minor (720 ILCS 5/10-5.1)

Comments This offense was created to combat the growing trend of driving up to minors and luring them into vehicles, buildings, etc. by enticing them with candy or some other gift. Another trend is for sexual predators to contact minors via the internet in "chat rooms" or on social media sites in order to meet the minor in a parking lot or some other area that minors tend to hang out. In Sec. (a), the offender must be 21 years of age or older and entices a minor under 15 years of age. In Sec. (b), the offender must be at least 18 years of age but less than 21 years of age and entices a minor under the age of 15.

A person employed by a penal institution.

Has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots.

Park District Employee

Means a supervisor, director, instructor, or other person employed by a park district.

Misdemeanor (720 ILCS 5/2-11)

Misdemeanors are less serious criminal offenses that do not result in a defendant being sentenced to prison. Incarceration in a County Jail is a possible result of a misdemeanor conviction. Theft under $500, Battery, Assault, and the Unlawful possession of small amounts of Cannabis are examples of Misdemeanors.

In the Presence of a Child

The physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting an offense.

Penal Institution (720 ILCS 5/2-14)

Generally speaking, a Penal Institution is a state prison, a county jail, or a municipal lock-up. Why is it important? Escape from a penal institution is also a criminal offense. Example: Stateville Correctional Center and the Macoupin County jail are both Penal Institutions.

Offense Based on Location of Conduct (720 ILCS 5/12-3.05(c))

Here the elements require the Battery take place on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a Domestic Violence Shelter.

Offense Based on Status of Victim (720 ICLS 5/12-3.05(d)) Comments

Here there are several Status victims. All Status victims must be in the performance of their official duties or the battery must be to prevent the Status victims from performing or in retaliation for performing their official duties. The only exception to the performance of duty is a victim over the age of 60, pregnant, or one with a physical disability.

Offense Based on Injury (720 ILCS 5/12-3.05(a))

Injury is great bodily harm or permanent disability or disfigurement. Offender(s) uses chemicals or an explosive device, etc. This subsection (a)(2) addresses an event uses nuclear, biological or chemical compounds. Now this sub-section does not mean it has to be a terrorist event because anybody can use a chemical compound to cause great bodily harm. Example would be a methamphetamine investigation where caustic and explosive chemicals are used to manufacture methamphetamine. Offender throws the chemical(s) on an officer. There are also protected persons in this subsection. However the protected persons must be performing official duties and the battery is preventing the protected person from carrying out their duty or in retaliation for carrying out their duty (and there still must be great bodily harm or permanent disability or disfigurement to the protected person). Strangulation was recently added to this statute.

Aggravated Battery (720 ILCS 5/12-3.05)

Just as with the offense of aggravated assault, this offense has numerous alternative aggravating factors to the offense of simple battery. Factors such as the age of the victim or his occupation are used to aggravate a simple battery. As an example, a battery of an employee of any unit of State or local government now constitutes an aggravated battery.

Transit Employee

Means a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire.

Transit Passenger

Means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.

Sports Official

Means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee.

Person with a Physical Disability

Means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital condition.

Sports Venue

Means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, or amusement facility, or a special event center in a public park, during the 12 hours before or after the sanctioned sporting event. Previous Term

Private Security Officer

Means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

Streetgang, Streetgang Member, and Criminal Street Gang

Means ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

Battery (720 ILCS 5/12-3)

Note that simple battery may be committed in two separate ways, by causing bodily harm to the victim or by making any physical contact of an insulting or provoking nature. Previous Term

Dwelling (720 ICLS 5/2-6)

Note, this definition is divided into two parts. Subsection (a) contains the general definition of a "dwelling". You would use this definition in cases of Home Invasion and Residential Arson. Subsection (b) is more narrowly drawn. The definition was created only to apply to the offense of Residential Burglary. Someone has burned down the victim's outhouse. It will not be residential arson because, while it is in a "building" and it is often used, it is not intended to be used as a residence.

Peace Officer (720 ILCS 5/2-13)

This generally means any person who, by virtue of their employment, is vested by law with a duty to maintain public order. This is important because a peace officer may, in some cases be entitled to qualified immunity from liability if he or she is sued. However, remember that if a person is accused of a criminal act, he generally will not be considered as acting as a peace officer. Example: There are numerous examples of peace officers. State Police Officer; County Deputy Sheriffs; Municipal Officers; and Department of Natural Resources Officers are all considered to be Peace Officers.

Petty Offense (730 ILCS 5/5-1-17)

This is the third of the four types of State criminal offenses. Violators convicted of petty offenses cannot be jailed. Sentences generally may involve a fine, probation, or supervision. Example: Most traffic violations are petty offenses.

Sexual Conduct or Sexual Contact with an Animal (720 ICLS 5/12-35)

This offense leaves no ambiguity.

Reasonable Belief (720 ILCS 5/2-19)

This phrase deals with the mental state of a person who is confronted with a set of circumstances. What does that person believe? The answer here is what a reasonable person would believe when considering those circumstances. Example: if a police officer has a reasonable belief that a suspect is armed and dangerous, he can frisk the suspect for weapons. The justification for the frisk is that officer's reasonable belief.

Voluntary Act (720 ICLS 5/4-1)

This provision deals with the free will of the suspect. When any offense is committed, the suspect committing that offense exercise his free will. That exercise of free will constitute a voluntary act. Example: If a person hangs an explosive device around a victim's neck and orders him to rob a bank, the bank robbery was not a voluntary act on the part of the victim.

Assault (720 ILCS 5/12-1)

The question raised by this offense is what exactly constitutes the "reasonable apprehension" of receiving a battery. The same conduct by a defendant committed against two different victims would not necessarily constitute an assault. Taking a swing at a 260 pound man might not have placed him in fear of receiving a battery, but if the victim was a 90-year-old grandmother, it very well might.

Mental States

n Illinois, a person cannot be found guilty of an offense unless the person commits an offense ("act") completes each element of the offense and has the appropriate mental state. The exception to this rule is an offense which involves "absolute liability", which does not require a specific mental state.

Aggravated Assault (720 ILCS 5/12-2)

The aggravating factors in this offense are well worth noting. There are 21 separate provisions that constitute aggravating factors.