Crime Definitions
Assault:
A person commits an assault when, without lawful authority, he/she
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Engages in conduct which places another in reasonable apprehension of receiving a battery.
This means, if someone threatens you, or swings a punch at you as if he/she intends to strike you. Aggravated Assault is if someone were to point a gun at you, or attempt to hit you with a baseball bat.
Battery:
A person commits a battery if he intentionally or knowingly without legal justification and by any means
-
Causes bodily harm to an individual; OR
-
Makes physical contact of an insulting or provoking nature with an individual.
This means, if someone hits you with a fist, they are committing battery. If a person spits on you, they are committing battery.
Burglary:
A person commits a burglary if he/she:
- Enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. Under Illinois law, it is not enough that someone illegally enters a building or a motor vehicle.
Damage and Trespass to Property
A person commits an illegal act when he/she:
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Knowingly damages any property of another without his consent; OR
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Recklessly by means of fire or explosive damages property of another; OR
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Knowingly starts a fire on the land of another without his consent; OR
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Knowingly injures a domestic animal of another without his consent; OR
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Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; OR
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Damages any property, other than as described in subsection (b) of Section 20-1, with intent to defraud an insurer; OR
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Knowingly shoots a firearm at any portion of a railroad train.
Hate Crime:
A person commits a hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he/she
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Commits assault; OR
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Battery; OR
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Aggravated assault; OR
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Misdemeanor theft; OR
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Criminal trespass to residence; OR
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Misdemeanor criminal damage to property; OR
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Criminal trespass to vehicle; OR
-
Criminal trespass to real property; OR
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Mob action; OR
-
Disorderly conduct as these crimes are defined.
This means that if someone commits one of the above crimes against a person because he/she believes the victim is of a certain race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, it is a hate crime. It is important here to recognize that the person does not necessarily actually have to be what the offender thought they were. If the offender perceives the victim to be something, and, based off of that, commits one of the above crimes, it can still be a hate crime.
Home Invasion:
A person who is not a peace officer acting in the line of duty commits home invasion when without authority he/she knowingly
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Enters the dwelling place of another when he/she knows or has reason to know that one or more persons is present; OR
-
He/she knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more persons is present.
Furthermore, the person who is illegally present in the house must be intending to commit either assault or battery on the occupants for it to be considered Home Invasion.
Robbery:
A person commits the felony crime of Robbery when he/she
- takes property (except a motor), from the person or presence of another by the use of force or by threatening the imminent use of force.
Sexual Abuse:
The accused commits criminal sexual abuse if he/she:
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Commits an act of sexual conduct by the use of force or threat of force; OR
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Commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; OR
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The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed; OR
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The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.
This means that sexual abuse is acts that are sexual in nature but do not include penetration by or of the sex organs, mouth. Or if the offender is under the age of 17.
Sexual Assault:
The accused commits criminal sexual assault if he/she:
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Commits an act of sexual penetration by the use of force or threat of force; OR
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Commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; OR
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Commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; OR
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Commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
Simply speaking, Sexual Assault is sexual penetration or contact through the use or threat of force, no matter how slight, or if the victim was unable to give consent. This can include but not be limited to; cunnilingus, fellatio and anal penetration.
Stalking:
A person commits stalking when he/she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:
- At any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; OR
- Places that person in reasonable apprehension of immediate or future bodily harm, sexual assault confinement or restraint; OR
- Places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault confinement or restraint.
This means that a person is considered to be stalking if he/she moves in relative proximity to a person as that person moves from place to place or if he/she remains in close proximity to a person who is stationary or confined to a small area.
Theft:
A person commits theft when he knowingly:
- Obtains or exerts unauthorized control over property of the owner; OR
- Obtains by deception control over property of the owner; OR
- Obtains by threat control over property of the owner; OR
- Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; OR
- Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen.
**The use of italics denotes the language of the actual law.**
Assault:
A person commits an assault when, without lawful authority, he/she
-
Engages in conduct which places another in reasonable apprehension of receiving a battery.
This means, if someone threatens you, or swings a punch at you as if he/she intends to strike you. Aggravated Assault is if someone were to point a gun at you, or attempt to hit you with a baseball bat.
Battery:
A person commits a battery if he intentionally or knowingly without legal justification and by any means
-
Causes bodily harm to an individual; OR
-
Makes physical contact of an insulting or provoking nature with an individual.
This means, if someone hits you with a fist, they are committing battery. If a person spits on you, they are committing battery.
Burglary:
A person commits a burglary if he/she:
- Enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. Under Illinois law, it is not enough that someone illegally enters a building or a motor vehicle.
Damage and Trespass to Property
A person commits an illegal act when he/she:
-
Knowingly damages any property of another without his consent; OR
-
Recklessly by means of fire or explosive damages property of another; OR
-
Knowingly starts a fire on the land of another without his consent; OR
-
Knowingly injures a domestic animal of another without his consent; OR
-
Knowingly deposits on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; OR
-
Damages any property, other than as described in subsection (b) of Section 20-1, with intent to defraud an insurer; OR
-
Knowingly shoots a firearm at any portion of a railroad train.
Hate Crime:
A person commits a hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he/she
-
Commits assault; OR
-
Battery; OR
-
Aggravated assault; OR
-
Misdemeanor theft; OR
-
Criminal trespass to residence; OR
-
Misdemeanor criminal damage to property; OR
-
Criminal trespass to vehicle; OR
-
Criminal trespass to real property; OR
-
Mob action; OR
-
Disorderly conduct as these crimes are defined.
This means that if someone commits one of the above crimes against a person because he/she believes the victim is of a certain race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, it is a hate crime. It is important here to recognize that the person does not necessarily actually have to be what the offender thought they were. If the offender perceives the victim to be something, and, based off of that, commits one of the above crimes, it can still be a hate crime.
Home Invasion:
A person who is not a peace officer acting in the line of duty commits home invasion when without authority he/she knowingly
-
Enters the dwelling place of another when he/she knows or has reason to know that one or more persons is present; OR
-
He/she knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more persons is present.
Furthermore, the person who is illegally present in the house must be intending to commit either assault or battery on the occupants for it to be considered Home Invasion.
Robbery:
A person commits the felony crime of Robbery when he/she
- takes property (except a motor), from the person or presence of another by the use of force or by threatening the imminent use of force.
Sexual Abuse:
The accused commits criminal sexual abuse if he/she:
-
Commits an act of sexual conduct by the use of force or threat of force; OR
-
Commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; OR
-
The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed; OR
-
The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.
This means that sexual abuse is acts that are sexual in nature but do not include penetration by or of the sex organs, mouth. Or if the offender is under the age of 17.
Sexual Assault:
The accused commits criminal sexual assault if he/she:
-
Commits an act of sexual penetration by the use of force or threat of force; OR
-
Commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; OR
-
Commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; OR
-
Commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
Simply speaking, Sexual Assault is sexual penetration or contact through the use or threat of force, no matter how slight, or if the victim was unable to give consent. This can include but not be limited to; cunnilingus, fellatio and anal penetration.
Stalking:
A person commits stalking when he/she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:
- At any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; OR
- Places that person in reasonable apprehension of immediate or future bodily harm, sexual assault confinement or restraint; OR
- Places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault confinement or restraint.
This means that a person is considered to be stalking if he/she moves in relative proximity to a person as that person moves from place to place or if he/she remains in close proximity to a person who is stationary or confined to a small area.
Theft:
A person commits theft when he knowingly:
- Obtains or exerts unauthorized control over property of the owner; OR
- Obtains by deception control over property of the owner; OR
- Obtains by threat control over property of the owner; OR
- Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; OR
- Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen.