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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/Art. 12C, Subdiv. 1

 
    (720 ILCS 5/Art. 12C, Subdiv. 1 heading)
SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-5

    (720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)
    Sec. 12C-5. Endangering the life or health of a child.
    (a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left in a motor vehicle for more than 10 minutes.
    (c) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person.
    (d) Sentence. A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-10

    (720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
    Sec. 12C-10. Child abandonment.
    (a) A person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety, or well-being. For the purposes of this Section, no specific age shall be determinative of reasonableness. Reasonableness shall be determined by the maturity of each individual child. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:
        (1) the age of the child;
        (2) the number of children left at the location;
        (3) special needs of the child, including whether the
    
child is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
        (4) the duration of time in which the child was left
    
without supervision;
        (5) the condition and location of the place where the
    
child was left without supervision;
        (6) the time of day or night when the child was left
    
without supervision;
        (7) the weather conditions, including whether the
    
child was left in a location with adequate protection from the natural elements such as adequate heat or light;
        (8) the location of the parent, guardian, or other
    
person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
        (9) whether the child's movement was restricted, or
    
the child was otherwise locked within a room or other structure;
        (10) whether the child was given a phone number of a
    
person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
        (11) whether there was food and other provision left
    
for the child;
        (12) whether any of the conduct is attributable to
    
economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
        (13) the age and physical and mental capabilities of
    
the person or persons who provided supervision for the child;
        (14) any other factor that would endanger the health
    
or safety of that particular child;
        (15) whether the child was left under the supervision
    
of another person.
    (c) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 103-233, eff. 6-30-23.)

720 ILCS 5/12C-15

    (720 ILCS 5/12C-15) (was 720 ILCS 5/12-22)
    Sec. 12C-15. Child abandonment or endangerment; probation.
    (a) Whenever a parent of a child as determined by the court on the facts before it, pleads guilty to or is found guilty of, with respect to his or her child, child abandonment under Section 12C-10 of this Article or endangering the life or health of a child under Section 12C-5 of this Article, the court may, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person upon probation upon the reasonable terms and conditions as the court may require. At least one term of the probation shall require the person to cooperate with the Department of Children and Family Services at the times and in the programs that the Department of Children and Family Services may require.
    (b) Upon fulfillment of the terms and conditions imposed under subsection (a), the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be considered a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. However, a record of the disposition shall be reported by the clerk of the circuit court to the Illinois State Police under Section 2.1 of the Criminal Identification Act, and the record shall be maintained and provided to any civil authority in connection with a determination of whether the person is an acceptable candidate for the care, custody and supervision of children.
    (c) Discharge and dismissal under this Section may occur only once.
    (d) Probation under this Section may not be for a period of less than 2 years.
    (e) If the child dies of the injuries alleged, this Section shall be inapplicable.
(Source: P.A. 102-538, eff. 8-20-21.)

720 ILCS 5/12C-20

    (720 ILCS 5/12C-20)
    Sec. 12C-20. Abandonment of a school bus containing children.
    (a) A school bus driver commits abandonment of a school bus containing children when he or she knowingly abandons the school bus while it contains any children who are without other adult supervision, except in an emergency where the driver is seeking help or otherwise acting in the best interests of the children.
    (b) Sentence. A violation of this Section is a Class A misdemeanor for a first offense, and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-25

    (720 ILCS 5/12C-25)
    Sec. 12C-25. Contributing to the dependency and neglect of a minor.
    (a) Any parent, legal guardian or person having the custody of a child under the age of 18 years commits contributing to the dependency and neglect of a minor when he or she knowingly: (1) causes, aids, or encourages such minor to be or to become a dependent and neglected minor; (2) does acts which directly tend to render any such minor so dependent and neglected; or (3) fails to do that which will directly tend to prevent such state of dependency and neglect. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) "Dependent and neglected minor" means any child who, while under the age of 18 years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be is an unfit place for such child; and any child who while under the age of 10 years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing.
    (c) Sentence. A violation of this Section is a Class A misdemeanor.
    (d) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-30

    (720 ILCS 5/12C-30) (was 720 ILCS 5/33D-1)
    Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor.
    (a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent.
    (b) Contributing to the criminal delinquency of a minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
    (c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense.
    (d) Sentence.
        (1) A violation of subsection (a) is a Class A
    
misdemeanor.
        (2) A violation of subsection (b) is:
            (i) a Class C misdemeanor if the offense
        
committed is a petty offense or a business offense;
            (ii) a Class B misdemeanor if the offense
        
committed is a Class C misdemeanor;
            (iii) a Class A misdemeanor if the offense
        
committed is a Class B misdemeanor;
            (iv) a Class 4 felony if the offense committed is
        
a Class A misdemeanor;
            (v) a Class 3 felony if the offense committed is
        
a Class 4 felony;
            (vi) a Class 2 felony if the offense committed is
        
a Class 3 felony;
            (vii) a Class 1 felony if the offense committed
        
is a Class 2 felony; and
            (viii) a Class X felony if the offense committed
        
is a Class 1 felony or a Class X felony.
        (3) A violation of subsection (b) incurs the same
    
penalty as first degree murder if the committed offense is first degree murder.
    (e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)