720 ILCS 5/12-9 – Threatening Public Officials; Human Service Providers
This law makes it a crime to threaten public officials or human service workers because of their job.
This Illinois law says it’s illegal to threaten a public official or someone who works in human services. If the threat is made because of their official duties or job, it can lead to serious criminal charges.
(a) A person breaks the law if they knowingly send or give a message to a public official or human service provider that includes a threat. This can be done directly or indirectly, in person, or through other communication. The threat must be one that would reasonably cause fear of harm, sexual assault, confinement, or damage to property to the person or their family. The threat must also be made because of something related to the person’s job or position.
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The threat must include one of the following:
- A threat that makes the public official or service provider–or their immediate family–fear that they might be physically harmed, sexually assaulted, confined, or restrained.
- A threat that makes them fear that their property, or property in their care, might be damaged.
- The threat must be made because of the person’s job duties, actions, or position, or out of hostility toward their role as a public official or service provider.
(a-5) Special rule for police officers: the threat must include specific details showing a personal, unique threat–not just a general statement of harm.
(a-6) Special rule for social workers, caseworkers, and investigators: the threat must also include unique, specific facts showing a real threat to them or their family, not just a general statement of harm.
(b) Definitions:
1. Public official: Someone who was elected or appointed to a government position, such as a law enforcement officer, State’s Attorney, attorney for a public agency, or social worker employed by certain state departments.
1.5 Human service provider: Someone like a social worker, caseworker, or investigator who works for an agency that provides services under state contracts or grants.
2. Immediate family: A public official’s spouse or children.
(c) Penalties: Threatening a public official or human service provider is a Class 3 felony for a first offense and a Class 2 felony for any later offenses.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
