720 ILCS 5/12-7.2 – Educational Intimidation
This law makes it illegal to bully or scare a child with an infectious disease away from school or school activities in Illinois.
This Illinois law protects children who have or are believed to have a long-lasting infectious disease. It makes it a crime to threaten, harm, or publicly shame them to stop them from going to school or joining school events. Offenders can face criminal charges and may also owe money to the victim for any harm caused.
(a) A person breaks this law if they knowingly get in the way of a child’s right to go to school or join school activities because the child has or is thought to have a chronic infectious disease. This can happen in any of these ways:
- By hurting or threatening to hurt the child or the child’s family or their property.
- By blocking the child’s way to get in, leave, or move around on school property or at school events.
- By trying to embarrass, shame, or turn the public against the child, their family, or their friends.
(b) This rule does not apply to school staff or health review teams who are doing their jobs and following the law.
(c) Sentence: Breaking this law is a Class C misdemeanor. If someone breaks it again, it becomes a more serious Class A misdemeanor.
(d) Even if no one is charged with a crime, a person who is harmed or who has property damaged because of educational intimidation can sue in civil court. They can ask for money for emotional distress or other loss, and the court may also make the wrongdoer pay attorney fees and costs. A minor’s parents or guardians may have to pay these damages up to the limit set by the Parental Responsibility Law.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
