720 ILCS 5/12-3.05 – Aggravated Battery

720 ILCS 5/12-3.05 – Aggravated Battery

This law explains when hurting someone becomes a more serious crime called aggravated battery.

Aggravated battery. is when someone intentionally hurts another person and certain serious conditions apply–like causing major injury, using a weapon, the location of the attack, or hurting someone because of their job.

(a) Offense based on injury. A person commits aggravated battery when they knowingly cause serious harm or lasting injury to another person during a battery (physical attack). This can include:

1. Causing a lot of damage, permanent disability, or disfigurement.
2. Causing serious harm using dangerous substances like acid, poison, explosives, or radiation.
3. Seriously injuring a police officer, firefighter, or other protected worker while they are doing their job, to stop them from working, or to get revenge.
4. Seriously hurting someone 60 or older.
5. Strangling another person.

(b) Injury to a child or person with an intellectual disability. If a person aged 18 or older hurts a child under 13 or someone with a severe intellectual disability, it is aggravated battery if the injury causes any bodily harm or disability.

(c) Based on location. It is aggravated battery if the attack happens in a public place, near a sports venue, at a shelter, or in a place of worship.

(d) Based on who the victim is. The crime is aggravated if the person attacked is someone vulnerable or in a special role, such as:

1. Someone 60 or older.
2. A pregnant person or someone with a physical disability.
3. A teacher or school employee at a school.
4. A police officer, firefighter, correctional officer, or similar worker doing their job or being targeted for it.
5. A judge, emergency worker, or nurse doing their job.
6. A government worker doing their duties.
7. A transit worker or passenger.
8. A taxi driver on duty.
9. A merchant being attacked while stopping theft.
10. A process server carrying out their duties.
11. A nurse on duty.
12. A store worker following safety or health rules during a declared disaster or emergency.

(e) Based on using a firearm. It is aggravated battery if someone shoots another person while committing a battery. The seriousness increases if the victim is a police officer, firefighter, emergency worker, teacher, or student, or if the weapon is a machine gun or has a silencer.

(f) Based on using a weapon or device. Aggravated battery includes using a deadly weapon (not a firearm), wearing something to hide identity, shining a laser at someone, or recording the attack to share it.

(g) Based on certain conduct. It is aggravated battery if someone:

1. Illegally gives another person drugs that cause serious harm.
2. Gives a harmful or poisonous substance to someone without consent.
3. Throws or exposes correctional workers to bodily fluids while in custody.

(h) Sentence. The punishment depends on what happened and who was hurt. It can range from a Class 3 felony (less serious) to a Class X felony (most serious), with prison sentences from a few years to life, especially for firearm use or serious injuries.

(i) Definitions:

• Building or other structure used to provide shelter: A place, like a building, that gives people a safe place to stay, as described in the Domestic Violence Shelters Act.
• Domestic violence: Harm or abuse that happens between family members, people living together, or those in a close relationship, as described in the Illinois Domestic Violence Act.
• Domestic violence shelter: A safe place that gives victims of domestic violence – and their children – a place to stay and get help. This also includes areas within 500 feet of that shelter when someone is traveling to or from it.
• Firearm: A gun, such as a handgun or rifle, as defined in the Firearm Owners Identification Card Act. This does not include air rifles.
• Machine gun: A gun that shoots many bullets quickly with one pull of the trigger, as defined in Illinois law.
• Merchant: A person or business that sells or trades goods, as defined in Illinois law.
• Strangle: To purposely stop someone from breathing or getting enough blood flow by pressing on their neck or blocking their nose or mouth.

View the full statute here.

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