720 ILCS 5/12-2 – Aggravated Assault

720 ILCS 5/12-2 – Aggravated Assault

This law explains when an assault becomes more serious, called “aggravated assault,” based on where it happens, who the victim is, or what weapon or object is used.

This Illinois law says that a regular assault. becomes an aggravated assault when it happens in special places, against certain people like police officers or teachers, or involves using weapons, vehicles, or other dangerous actions. The punishment depends on the details and can range from a misdemeanor to a felony.

(a) Location of the assault. A person commits aggravated assault if they attack someone who is in or near a public street, park, school, church, or sports area, or any place open to the public.

(b) Who the victim is. It’s also aggravated assault if the attacker knows the victim is:

1. A person with a physical disability or someone 60 or older, attacked without reason.
2. A teacher or school employee at school or school grounds.
3. A park district employee at a park or park building.
4. A volunteer, security guard, or utility worker who is attacked while A. doing their job, B. to stop them from doing it, or C. because they did it.
   • These conditions also apply if the victim was a police officer, firefighter, emergency worker, or ambulance worker.
5. A correctional officer or probation officer, under the same conditions.
6. A state employee working in detention centers or with dangerous people, under the same conditions.
7. A government employee doing their job.
8. A bus or train worker doing their job, or a passenger.
9. A referee or coach during a game or near the playing area.
10. A process server delivering legal papers while working.

(c) Use of a weapon, vehicle, or other object. Assault is aggravated when someone:

1. Uses a deadly weapon or anything that looks like a gun.
2. Fires a gun (not from a vehicle).
3. Fires a gun from a vehicle.
4. Wears a disguise like a hood or mask to hide their identity.
5. Shines a laser toward someone to scare or threaten them.
6. Uses a gun (without shooting it) against police or similar workers doing their job, to stop them, or in revenge.
7. Drives a vehicle in a threatening way toward someone (not one of the workers listed above).
8. Drives a vehicle in a threatening way toward one of the listed workers.
9. Records the crime on video or audio to share it later.

(d) Penalties. The punishment depends on how serious the assault was. Some types are Class A misdemeanors, and others are Class 4 or Class 3 felonies if a weapon or certain victims are involved.

(e) Weapon types. Terms like “Category I,” “Category II,” and “Category III” weapons refer to definitions in another part of the Illinois law (Section 33A-1).

View the full statute here.

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