720 ILCS 5/33A-2 – Armed Violence: Elements of the Offense
This law says it’s a separate crime to commit another felony while carrying or using a dangerous weapon.
If someone commits a felony while armed with a dangerous weapon, shoots a gun, or causes serious harm or death with a gun, they can be charged with armed violence – except for certain crimes where the weapon is already part of the crime’s definition.
(a) A person breaks this law if they carry a dangerous weapon while committing a felony. This rule does not apply to crimes like murder, manslaughter, certain child abuse crimes, home invasion, or any crime where using a weapon is already part of that offense or affects the sentence.
(b) A person also breaks this law if they personally fire a gun (that falls into Category I or Category II weapons) while committing a felony. This also excludes the same crimes listed above and those where gun use is already an element of the main offense or changes the sentence length.
(c) A person also breaks this law if they personally fire a Category I or Category II weapon while committing a felony and cause someone serious injury, permanent disability, disfigurement, or death. The same exceptions apply here as in (a) and (b).
(d) This rule does not apply to hunting or fishing violations under the Fish and Aquatic Life Code or the Wildlife Code.
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