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1 | | (2) Causes severe and permanent disability, great |
2 | | bodily harm, or disfigurement by means of a caustic or |
3 | | flammable substance, a poisonous gas, a deadly biological |
4 | | or chemical contaminant or agent, a radioactive substance, |
5 | | or a bomb or explosive compound. |
6 | | (3) Causes great bodily harm or permanent disability |
7 | | or disfigurement to an individual whom the person knows to |
8 | | be a peace officer, community policing volunteer, fireman, |
9 | | private security officer, correctional institution |
10 | | employee, or Department of Human Services employee |
11 | | supervising or controlling sexually dangerous persons or |
12 | | sexually violent persons: |
13 | | (i) performing his or her official duties; |
14 | | (ii) battered to prevent performance of his or her |
15 | | official duties; or |
16 | | (iii) battered in retaliation for performing his |
17 | | or her official duties. |
18 | | (3.1) Is, at the time of the commission of the |
19 | | offense, 21 years of age or older and causes great bodily |
20 | | harm or permanent disability or disfigurement to an |
21 | | individual whom the person knows to be a Department of |
22 | | Children and Family Services employee: |
23 | | (i) performing his or her official duties; |
24 | | (ii) battered to prevent performance of his or her |
25 | | official duties; or |
26 | | (iii) battered in retaliation for performing his |
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1 | | or her official duties. |
2 | | (4) Causes great bodily harm or permanent disability |
3 | | or disfigurement to an individual 60 years of age or |
4 | | older. |
5 | | (5) Strangles another individual. |
6 | | (b) Offense based on injury to a child or person with an |
7 | | intellectual disability. A person who is at least 18 years of |
8 | | age commits aggravated battery when, in committing a battery, |
9 | | he or she knowingly and without legal justification by any |
10 | | means: |
11 | | (1) causes great bodily harm or permanent disability |
12 | | or disfigurement to any child under the age of 13 years, or |
13 | | to any person with a severe or profound intellectual |
14 | | disability; or |
15 | | (2) causes bodily harm or disability or disfigurement |
16 | | to any child under the age of 13 years or to any person |
17 | | with a severe or profound intellectual disability. |
18 | | (c) Offense based on location of conduct. A person commits |
19 | | aggravated battery when, in committing a battery, other than |
20 | | by the discharge of a firearm, he or she is or the person |
21 | | battered is on or about a public way, public property, a public |
22 | | place of accommodation or amusement, a sports venue, or a |
23 | | domestic violence shelter, or in a church, synagogue, mosque, |
24 | | or other building, structure, or place used for religious |
25 | | worship. |
26 | | (d) Offense based on status of victim. A person commits |
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1 | | aggravated battery when, in committing a battery, other than |
2 | | by discharge of a firearm, he or she knows the individual |
3 | | battered to be any of the following: |
4 | | (1) A person 60 years of age or older. |
5 | | (2) A person who is pregnant or has a physical |
6 | | disability. |
7 | | (3) A teacher or school employee upon school grounds |
8 | | or grounds adjacent to a school or in any part of a |
9 | | building used for school purposes. |
10 | | (4) A peace officer, community policing volunteer, |
11 | | fireman, private security officer, correctional |
12 | | institution employee, or Department of Human Services |
13 | | employee supervising or controlling sexually dangerous |
14 | | persons or sexually violent persons: |
15 | | (i) performing his or her official duties; |
16 | | (ii) battered to prevent performance of his or her |
17 | | official duties; or |
18 | | (iii) battered in retaliation for performing his |
19 | | or her official duties. |
20 | | (4.1)(A) A Department of Children and Family Services |
21 | | employee: |
22 | | (i) performing his or her official duties; |
23 | | (ii) battered to prevent performance of his or her |
24 | | official duties; or |
25 | | (iii) battered in retaliation for performing his |
26 | | or her official duties; and |
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1 | | (B) the person committing the offense, at the time of |
2 | | the commission of the offense, is 21 years of age or older. |
3 | | (5) A judge, emergency management worker, emergency |
4 | | medical services personnel, or utility worker: |
5 | | (i) performing his or her official duties; |
6 | | (ii) battered to prevent performance of his or her |
7 | | official duties; or |
8 | | (iii) battered in retaliation for performing his |
9 | | or her official duties. |
10 | | (6) An officer or employee of the State of Illinois, a |
11 | | unit of local government, or a school district, while |
12 | | performing his or her official duties. |
13 | | (7) A transit employee performing his or her official |
14 | | duties, or a transit passenger. |
15 | | (8) A taxi driver on duty. |
16 | | (9) A merchant who detains the person for an alleged |
17 | | commission of retail theft under Section 16-26 of this |
18 | | Code and the person without legal justification by any |
19 | | means causes bodily harm to the merchant. |
20 | | (10) A person authorized to serve process under |
21 | | Section 2-202 of the Code of Civil Procedure or a special |
22 | | process server appointed by the circuit court while that |
23 | | individual is in the performance of his or her duties as a |
24 | | process server. |
25 | | (11) A nurse while in the performance of his or her |
26 | | duties as a nurse. |
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1 | | (12) A merchant: (i) while performing his or her |
2 | | duties, including, but not limited to, relaying directions |
3 | | for healthcare or safety from his or her supervisor or |
4 | | employer or relaying health or safety guidelines, |
5 | | recommendations, regulations, or rules from a federal, |
6 | | State, or local public health agency; and (ii) during a |
7 | | disaster declared by the Governor, or a state of emergency |
8 | | declared by the mayor of the municipality in which the |
9 | | merchant is located, due to a public health emergency and |
10 | | for a period of 6 months after such declaration. |
11 | | (e) Offense based on use of a firearm. A person commits |
12 | | aggravated battery when, in committing a battery, he or she |
13 | | knowingly does any of the following: |
14 | | (1) Discharges a firearm, other than a machine gun or |
15 | | a firearm equipped with a silencer, and causes any injury |
16 | | to another person. |
17 | | (2) Discharges a firearm, other than a machine gun or |
18 | | a firearm equipped with a silencer, and causes any injury |
19 | | to a person he or she knows to be a peace officer, |
20 | | community policing volunteer, person summoned by a police |
21 | | officer, fireman, private security officer, correctional |
22 | | institution employee, or emergency management worker: |
23 | | (i) performing his or her official duties; |
24 | | (ii) battered to prevent performance of his or her |
25 | | official duties; or |
26 | | (iii) battered in retaliation for performing his |
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1 | | or her official duties. |
2 | | (3) Discharges a firearm, other than a machine gun or |
3 | | a firearm equipped with a silencer, and causes any injury |
4 | | to a person he or she knows to be emergency medical |
5 | | services personnel: |
6 | | (i) performing his or her official duties; |
7 | | (ii) battered to prevent performance of his or her |
8 | | official duties; or |
9 | | (iii) battered in retaliation for performing his |
10 | | or her official duties. |
11 | | (4) Discharges a firearm and causes any injury to a |
12 | | person he or she knows to be a teacher, a student in a |
13 | | school, or a school employee, and the teacher, student, or |
14 | | employee is upon school grounds or grounds adjacent to a |
15 | | school or in any part of a building used for school |
16 | | purposes. |
17 | | (5) Discharges a machine gun or a firearm equipped |
18 | | with a silencer, and causes any injury to another person. |
19 | | (6) Discharges a machine gun or a firearm equipped |
20 | | with a silencer, and causes any injury to a person he or |
21 | | she knows to be a peace officer, community policing |
22 | | volunteer, person summoned by a police officer, fireman, |
23 | | private security officer, correctional institution |
24 | | employee or emergency management worker: |
25 | | (i) performing his or her official duties; |
26 | | (ii) battered to prevent performance of his or her |
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1 | | official duties; or |
2 | | (iii) battered in retaliation for performing his |
3 | | or her official duties. |
4 | | (7) Discharges a machine gun or a firearm equipped |
5 | | with a silencer, and causes any injury to a person he or |
6 | | she knows to be emergency medical services personnel: |
7 | | (i) performing his or her official duties; |
8 | | (ii) battered to prevent performance of his or her |
9 | | official duties; or |
10 | | (iii) battered in retaliation for performing his |
11 | | or her official duties. |
12 | | (8) Discharges a machine gun or a firearm equipped |
13 | | with a silencer, and causes any injury to a person he or |
14 | | she knows to be a teacher, or a student in a school, or a |
15 | | school employee, and the teacher, student, or employee is |
16 | | upon school grounds or grounds adjacent to a school or in |
17 | | any part of a building used for school purposes. |
18 | | (f) Offense based on use of a weapon or device. A person |
19 | | commits aggravated battery when, in committing a battery, he |
20 | | or she does any of the following: |
21 | | (1) Uses a deadly weapon other than by discharge of a |
22 | | firearm, or uses an air rifle as defined in Section |
23 | | 24.8-0.1 of this Code. |
24 | | (2) Wears a hood, robe, or mask to conceal his or her |
25 | | identity. |
26 | | (3) Knowingly and without lawful justification shines |
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1 | | or flashes a laser gunsight or other laser device attached |
2 | | to a firearm, or used in concert with a firearm, so that |
3 | | the laser beam strikes upon or against the person of |
4 | | another. |
5 | | (4) Knowingly video or audio records the offense with |
6 | | the intent to disseminate the recording. |
7 | | (g) Offense based on certain conduct. A person commits |
8 | | aggravated battery when, other than by discharge of a firearm, |
9 | | he or she does any of the following: |
10 | | (1) Violates Section 401 of the Illinois Controlled |
11 | | Substances Act by unlawfully delivering a controlled |
12 | | substance to another and any user experiences great bodily |
13 | | harm or permanent disability as a result of the injection, |
14 | | inhalation, or ingestion of any amount of the controlled |
15 | | substance. |
16 | | (2) Knowingly administers to an individual or causes |
17 | | him or her to take, without his or her consent or by threat |
18 | | or deception, and for other than medical purposes, any |
19 | | intoxicating, poisonous, stupefying, narcotic, |
20 | | anesthetic, or controlled substance, or gives to another |
21 | | person any food containing any substance or object |
22 | | intended to cause physical injury if eaten. |
23 | | (3) Knowingly causes or attempts to cause a |
24 | | correctional institution employee or Department of Human |
25 | | Services employee to come into contact with blood, seminal |
26 | | fluid, urine, or feces by throwing, tossing, or expelling |
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1 | | the fluid or material, and the person is an inmate of a |
2 | | penal institution or is a sexually dangerous person or |
3 | | sexually violent person in the custody of the Department |
4 | | of Human Services. |
5 | | (h) Sentence. Unless otherwise provided, aggravated |
6 | | battery is a Class 3 felony. |
7 | | Aggravated battery as defined in subdivision (a)(4), |
8 | | (d)(4), (d)(4.1), or (g)(3) is a Class 2 felony. |
9 | | Aggravated battery as defined in subdivision (a)(3) , |
10 | | (a)(3.1), or (g)(1) is a Class 1 felony. |
11 | | Aggravated battery as defined in subdivision (a)(1) is a |
12 | | Class 1 felony when the aggravated battery was intentional and |
13 | | involved the infliction of torture, as defined in paragraph |
14 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
15 | | infliction of or subjection to extreme physical pain, |
16 | | motivated by an intent to increase or prolong the pain, |
17 | | suffering, or agony of the victim. |
18 | | Aggravated battery as defined in subdivision (a)(1) is a |
19 | | Class 2 felony when the person causes great bodily harm or |
20 | | permanent disability to an individual whom the person knows to |
21 | | be a member of a congregation engaged in prayer or other |
22 | | religious activities at a church, synagogue, mosque, or other |
23 | | building, structure, or place used for religious worship. |
24 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
25 | | felony if: |
26 | | (A) the person used or attempted to use a dangerous
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1 | | instrument while committing the offense; |
2 | | (B) the person caused great bodily harm or
permanent |
3 | | disability or disfigurement to the other
person while |
4 | | committing the offense; or |
5 | | (C) the person has been previously convicted of a
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6 | | violation of subdivision (a)(5) under the laws of this
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7 | | State or laws similar to subdivision (a)(5) of any other
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8 | | state. |
9 | | Aggravated battery as defined in subdivision (e)(1) is a |
10 | | Class X felony. |
11 | | Aggravated battery as defined in subdivision (a)(2) is a |
12 | | Class X felony for which a person shall be sentenced to a term |
13 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
14 | | years. |
15 | | Aggravated battery as defined in subdivision (e)(5) is a |
16 | | Class X felony for which a person shall be sentenced to a term |
17 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
18 | | years. |
19 | | Aggravated battery as defined in subdivision (e)(2), |
20 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
21 | | be sentenced to a term of imprisonment of a minimum of 15 years |
22 | | and a maximum of 60 years. |
23 | | Aggravated battery as defined in subdivision (e)(6), |
24 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
25 | | be sentenced to a term of imprisonment of a minimum of 20 years |
26 | | and a maximum of 60 years. |
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1 | | Aggravated battery as defined in subdivision (b)(1) is a |
2 | | Class X felony, except that: |
3 | | (1) if the person committed the offense while armed |
4 | | with a firearm, 15 years shall be added to the term of |
5 | | imprisonment imposed by the court; |
6 | | (2) if, during the commission of the offense, the |
7 | | person personally discharged a firearm, 20 years shall be |
8 | | added to the term of imprisonment imposed by the court; |
9 | | (3) if, during the commission of the offense, the |
10 | | person personally discharged a firearm that proximately |
11 | | caused great bodily harm, permanent disability, permanent |
12 | | disfigurement, or death to another person, 25 years or up |
13 | | to a term of natural life shall be added to the term of |
14 | | imprisonment imposed by the court. |
15 | | (i) Definitions. In this Section: |
16 | | "Building or other structure used to provide shelter" has |
17 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
18 | | Violence Shelters Act. |
19 | | "Department of Children and Family Services employee" |
20 | | includes any (i) Department case worker or (ii) investigator |
21 | | employed by an agency or organization providing social work, |
22 | | case work, or investigative services under a contract with or |
23 | | a grant from the Department of Children and Family Services. |
24 | | "Domestic violence" has the meaning ascribed to it in |
25 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
26 | | "Domestic violence shelter" means any building or other |
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1 | | structure used to provide shelter or other services to victims |
2 | | or to the dependent children of victims of domestic violence |
3 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
4 | | Domestic Violence Shelters Act, or any place within 500 feet |
5 | | of such a building or other structure in the case of a person |
6 | | who is going to or from such a building or other structure. |
7 | | "Firearm" has the meaning provided under Section 1.1
of |
8 | | the Firearm Owners Identification Card Act, and does
not |
9 | | include an air rifle as defined by Section 24.8-0.1 of this |
10 | | Code. |
11 | | "Machine gun" has the meaning ascribed to it in Section |
12 | | 24-1 of this Code. |
13 | | "Merchant" has the meaning ascribed to it in Section |
14 | | 16-0.1 of this Code. |
15 | | "Strangle" means
intentionally impeding the normal |
16 | | breathing or circulation of the blood of an individual by |
17 | | applying pressure on the throat
or neck of that individual or |
18 | | by blocking the nose or mouth of
that individual.
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19 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)".
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