720 ILCS 5/12-3.05(e) – Aggravated Battery With A Firearm

720 ILCS 5/12-3.05(e) – Aggravated Battery With A Firearm

This law makes it a serious crime to hurt someone by shooting a gun, especially if the person shot is a police officer, firefighter, medical worker, or school employee.

This Illinois law says that if someone knowingly shoots another person and causes injury, it’s a serious crime called aggravated battery. The punishment is even harsher if the victim is someone who works in public safety, emergency services, or education, or if a machine gun or silencer is used.

(e) Offense Based On Use Of A Firearm: A person commits aggravated battery with a firearm if, while committing a battery, he or she knowingly does any of the following:

1. Fires a gun (not a machine gun or silenced gun) and injures another person.
2. Fires a gun (not a machine gun or silenced gun) and injures someone he or she knows is a police officer, community helper, firefighter, security guard, prison worker, or emergency worker who is:
   1. Doing their job duties,
   2. Hurt to stop them from doing their job, or
   3. Hurt because they did their job.
3. Fires a gun (not a machine gun or silenced gun) and injures emergency medical workers who are:
   1. Doing their job duties,
   2. Hurt to stop them from doing their job, or
   3. Hurt because they did their job.
4. Fires a gun and injures a teacher, student, or school worker who is on or near school grounds or inside a school building.
5. Fires a machine gun or gun with a silencer and injures another person.
6. Fires a machine gun or silenced gun and injures someone he or she knows is a police officer, community helper, firefighter, security guard, prison worker, or emergency worker who is:
   1. Doing their job duties,
   2. Hurt to stop them from doing their job, or
   3. Hurt because they did their job.
7. Fires a machine gun or silenced gun and injures emergency medical workers who are:
   1. Doing their job duties,
   2. Hurt to stop them from doing their job, or
   3. Hurt because they did their job.
8. Fires a machine gun or silenced gun and injures a teacher, student, or school worker who is on or near school grounds or inside a school building.

(h) Sentence: Normally, aggravated battery is a Class 3 felony. The sentences for the kinds listed above are:

• For (e)(1), it is a Class X felony.
• For (e)(5), it is a Class X felony with prison time of 12 to 45 years.
• For (e)(2), (e)(3), or (e)(4), it is a Class X felony with prison time of 15 to 60 years.
• For (e)(6), (e)(7), or (e)(8), it is a Class X felony with prison time of 20 to 60 years.

(i) Definitions:

“Building or other structure used to provide shelter” means a place used to give people a safe space to live or stay, such as a house or shelter.

“Domestic violence” means abuse or threats of abuse between people who live together, are related, or are in a close relationship.

“Domestic violence shelter” means a place used to protect and help victims of abuse or their children.

“Firearm” means a real gun, not an air rifle or BB gun.

“Machine gun” means a weapon that can fire bullets automatically by holding down the trigger.

“Strangle” means pressing someone’s neck or blocking their nose or mouth to stop normal breathing or blood flow.

View the full statute here.

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