Illinois
Last updated: August 24, 2010
Sec. 1-2. Harassment through electronic communications. (a) Harassment through electronic communications is the use of electronic communication for any of the following
purposes:
(1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend;
(2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;
(3) Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
(4) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
(5) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a).
(b) As used in this Act:
(1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.
(2) "Family or household member" includes 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 share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Act, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
(c) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P. A. 95-849, eff. 1-1-09; 95-984, eff. 6-1-09; 96-328, eff. 8-11-09.)
Illinois Domestic Violence Laws
Overview of Illinois Domestic Violence Laws
When a violent act or physical harm occurs within a family or in a dating relationship, the state may prosecute the person who committed the act on a criminal charge of domestic violence. Criminal domestic violence laws generally focus on physical harm, while civil domestic violence laws cover physical, emotional, and sexual harm. A victim of domestic violence can apply for an order of protection, also known as a restraining order, against an abuser in either the Illinois state criminal courts or the state civil court system.
See FindLaw's Domestic Violence section for additional articles and resources.
The Illinois Domestic Violence Act covers violence within many types of relationships, including:
spouses or former spouses
individuals in a current or former dating relationship
a parent and child or stepparent and child
parents who have child in common
individuals related by blood through a child
family members related by blood
current or former roommates in a shared dwelling
disabled or elderly adult and a caregiver
Illinois domestic violence laws establish criminal offenses for domestic battery and aggravated domestic battery. Battery involves physical harm caused to another person or an unwanted, insulting, or provoking physical contact. To prove domestic battery, the state prosecutor must prove that a battery occurred within one of the relationships listed by the Illinois Domestic Violence Act.
The state can increase the criminal charge to aggravated domestic battery if the defendant intentionally caused great bodily harm or the crime resulted in permanent disability or disfigurement. Illinois state laws also require a charge of aggravated domestic battery if the defendant strangled the victim by choking the victim's neck or blocking the victim's ability to breathe.
Defenses to Domestic Violence Charges
Penalties and Sentences
Illinois domestic violence laws punish domestic battery as a Class A misdemeanor, which can result in a sentence of imprisonment for up to one year. The court can also choose to release the defendant on probation. State law requires the prosecution of domestic battery as a Class 4 felony, however, if the defendant's criminal history includes at least one previous conviction for domestic battery. In addition, a domestic battery involving one of the circumstances listed in the Illinois Domestic Violence Act -- for example, battery using a firearm, battery involving a child, or battery involving sexual assault -- results in prosecution as a Class 4 felony. Under state law, a Class 4 felony may result in a sentence of imprisonment for one to three years, but a prosecutor might be able to request an additional punishment based on the defendant's criminal history or the state's sentencing extension laws.
In Illinois, an aggravated domestic battery is a Class 2 felony, which may result in three to seven years in prison or a sentence of probation. If the court grants a request for probation, the defendant must still serve at least 60 days of imprisonment. A defendant who has a previous conviction for aggravated domestic battery must receive a sentence of between three and seven years in prison. The term of imprisonment may increase to an extended term of up to 14 years if the prosecutor can meet the criteria established by state law.
Illinois Domestic Violence Laws: Statute
Note: State laws are constantly changing -- please contact an Illinois domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources
Identification
In general, minors are considered to be people who are under 18 years of age; at 18, people assume most adult legal rights except for the purchase of alcoholic beverages. However, each state has its own laws that define the age of consent, or the time when a person is old enough "to willingly engage in a sexual act." Be aware of the legal age of consent in your state. All states set the age of consent from 14 to 18; in more than half of the states, the age is 16. Sexlaws. org/answer_board is a good place to find the age of consent for your state as well as answers to other questions about minor relationships.
Considerations
It is normal for older teens to be attracted to younger teens, but parents and teens should be aware of certain stipulations in the law. As long as there is no sexual contact, the teens are free to date platonically, although common sense should rule parents' judgment in this situation. Rarely does a 14-year-old have much in common with an 18- or a 19-year-old, and parents should ensure that their teen is not involved in such an imbalanced relationship.
Significance
One family in Georgia experienced the importance of being careful of the law. Genarlow Wilson, 17, engaged in oral sex with a consenting 15-year-old girl and was convicted of aggravated child molestation. Before his lawyers were finally able to get the Georgia Supreme Court to hear his case and rule that his 10-year sentence was cruel and unusual, this former scholarship student had spent two years in prison. (At the time, the Georgia law allowing similarity of age to be taken into account applied only to vaginal sex, not oral sex.) Both sets of parents could have helped to avoid this horrendous incident by training and teaching their teens about the law, but more importantly about boundaries, and about building healthy relationships through respect for themselves and respect for others.
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Curfew Laws
One major issue that can put a crimp in your Saturday night is a curfew law. While not universal, curfew laws generally mean that people under the age of 18 are not allowed out in public or in business establishments after certain hours. If one or both people who are out on a date are affected by the curfew law, then it will mean that their date needs to end before the time in the law, or that the date has to move to a private establishment such as a person's home or apartment.
Age of Consent
While not necessarily a part of dating, sexual contact can be one aspect of a relationship. The age of consent is the law that states individuals (both male and female) have to be a certain age before they can consent to any form of sexual contact. The oldest and most common age is 18, but some states or local jurisdictions might have laws that say people aged 16, or even 15, are old enough to be able to have sex if they consent to doing so. If one person is younger than the age of consent, then any sexual acts, consensual or otherwise, can be considered statutory rape.
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An Overview of Gun Laws in Illinois
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Constitutional Right to Keep and Bear Arms?
Yes. Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. Enacted in 1960.
Concealed Carry
Illinois does not permit concealed carry. The state is the only in the U. S. that does not have some type of carry law and one of only two (Wisconsin being the other) that does not issue any concealed carry permits.
In 2011, a strong push was being made in the Illinois state legislature to institute a concealed carry permit system.
Castle Doctrine
While Illinois has not adopted a modern castle law, it does have a statute on the books protecting citizens’ right to self-defense in the event of an attack within their home. The law does not require a duty to retreat but does require that victims “reasonably believe” that an attack that could cause serious physical harm is imminent. The law allows for the use of physical or deadly force only when the invader has forcefully entered the home or when the homeowner reasonably believes that a felony is about to be committed. Illinois provides immunity from civil liability for residents using physical or deadly force under such circumstances.
Pro-Gun Provisions
Illinois has a range law providing protection for firing ranges but no other notable pro-gun provisions.
Open carry is not permissible in Illinois, making it illegal to carry weapons in any form or fashion in Illinois outside one’s home or business except for the purposes of hunting, range shooting or similar activities.
Gun bans: None statewide, but some weapons — such as handguns and assault weapons — are banned in some cities and counties.
Waiting periods for gun purchases: Three days for handguns and two for long gun purchases.
License or permit to purchase guns: A Firearms Owner Identification Card (FOID) is required to purchase any gun or ammunition. The cards are issued by the Illinois State Police after application is made and a background check is performed. FOIDs are issued to persons under the age of 21 only with the consent of one’s parent or legal guardian, and then only if the parent or legal guardian is not ineligible for obtaining a FOID. As a result, persons between the ages of 18 and 21 cannot purchase a long gun if their parent is a convicted felon, classified as mentally ill or otherwise ineligible for a FOID. Additionally, residents under the age of 21 are prohibited from receiving a FOID if they’ve been convicted of a misdemeanor other than a traffic offense.
Registration of guns: Not required statewide, but is required by some local governments, the most notable being Chicago.
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