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Child endangerment is a serious offense under the Illinois Criminal Code. As this offense involves the mistreatment of children – and, thus, an intersection of criminal law and family law – it is severe in the eyes of the Illinois courts. Part of this reality stems from the fact that the Illinois courts have a vested duty in safeguarding the best interests of children within the state. Illinois Laws Against Child Endangerment The Illinois statute…
Civil no contact orders are legal mechanisms under Illinois law designed to protect victims of sex crimes. These orders are available to victims of rape, sexual assault, or sexual abuse and their family or household members. Civil no contact orders are similar to an Illinois petition for order of protection in domestic violence cases. But civil no contact orders are available to all victims of sex crimes, regardless of their relationship to the abuser…
What is the Illinois Crime of Predatory Criminal Sexual Assault? Predatory criminal sexual assault is an Illinois sex crime that involves child victims under the age of 13 years old. The perpetrator in these situations is normally an adult, though 17-year-old teenagers can commit this crime also. Predatory criminal sexual assault can occur without or without the use or threat of force. And this offense will almost always result in Class X felony charges, including…
In the recent past, the movement for social justice and equality has gained significant momentum across the United States. In Chicago, specifically, widespread protests have sprung up regularly since George Floyd died at the hands of police officers in Minnesota. Unfortunately, some individuals have used peaceful protests as cover to commit criminal acts, like rioting or looting. It can be confusing to separate law-abiding protesters from criminally motivated rioters or looters, especially as the media…
NOTE: The following article features updated materials to explain how Illinois law changed with Public Act 101-571. Since an August 2019 effective date, this Act made several changes to Sections 3, 10, and 11 of the Sex Offender Registration Act, including funding sources. Illinois law provides that any person who is found guilty of a sex offense must register as a sex offender pursuant to the Sex Offender Registration Act. See 730 ILCS 150/1. A…
NOTE: This page contains new materials to account for updates to Illinois law after passage of Public Act 101-440. After January 1, 2020, this Act modified several provisions of 730 ILCS 5/3-6-3, including guidelines for sentencing credits earned toward early release. There was a time in Illinois when inmates could get released from state prison in only days. It was the era of “dress-in-dress-out.” Those days are long gone, but the Illinois Department of Corrections…
NOTE: The following entry includes additional content to address the new Illinois requirements after Public Act 101-440 became effective. Since January 1, 2020, this Act amended the Criminal Identification Act and certain requirements for sealing criminal records. When a police officer conducts a traffic stop for a vehicle code violation, or detains a person on suspicion of committing a crime, the officer has a right to ask for identification. If a person provides a false…
The Class X felony is, short of first degree murder, the most serious felony offense on the books in Illinois. Upon a finding of guilt, the court cannot sentence the defendant to probation. The offense has a mandatory minimum sentence of 6-30 years in the Department of Corrections. The judge must sentence the defendant to prison. See 730 ILCS 5/5-8-1(a)(3). The only way a defendant can receive probation is if the prosecution agrees to amend…
Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year imprisonment. Among the various felony classes in Illinois, the law distinguishes them in the following way: Class X felony: Mandatory sentence of 6-30 years in the Illinois Department of Corrections. The defendant is not eligible for probation under any circumstances. It does not…
Note: This article has been updated to reflect the law as of 2020. The principal rule in regards to felony sentencing in Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. Rather, the law requires that the judge must sentence the defendant to a conviction combined with some other terms. Usually in felony cases, the judge has discretion to sentence the defendant to prison, period imprisonment (such…