720 ILCS 5/12-3.2 – Domestic Battery
This law makes it illegal to hurt or physically mistreat a family or household member.
This Illinois law says that someone commits domestic battery. when they knowingly hurt or act in an insulting or provoking way toward a family or household member. It also explains how the punishment’s severity can be depending on past offenses and whether a child was present.
(a) A person breaks this law if they knowingly and without a good reason:
- Cause physical harm to a family or household member.
- Physically touch a family or household member in a rude or offensive way.
(b) Punishment: Domestic battery is usually a Class A misdemeanor. However:
- It becomes a Class 4 felony if the person has certain past convictions, such as violating a protection order or violent crimes against a family or household member.
- If the person has 1 or 2 past domestic battery convictions, it is also a Class 4 felony.
- If the person has 3 past convictions, it becomes a Class 3 felony.
- If the person has 4 or more past convictions, it becomes a Class 2 felony.
- For any second or later conviction, the person must serve at least 72 hours in jail without the option for probation or a reduced sentence.
(c) If the crime happens in front of a child, and it is a felony domestic battery or similar offense, the offender must serve at least 10 days in jail, do 300 hours of community service, or both. The offender may also have to pay for counseling for the child. A “child” means anyone under 18 who is the defendant’s or victim’s child, stepchild, or a minor living with or visiting them.
(d) When someone is found guilty of domestic battery, the court must tell them they could face federal criminal charges for owning or handling a gun or ammunition, according to federal law. The court must record that this warning was given.
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