720 ILCS 5/12-3.05(b) – Aggravated Battery of a Child
This law makes it a serious crime for an adult to badly hurt or injure a child under 13 or a person with a severe intellectual disability.
This Illinois law says that if someone 18 or older hurts a young child or a person with a serious intellectual disability on purpose, it is considered aggravated battery. The punishment is very serious, especially if the attack involves a gun.
(b) Offense Based on Injury to a Child or Person with an Intellectual Disability: A person who is 18 or older commits aggravated battery of a child if they knowingly and without a good legal reason hurt a child younger than 13 or a person with a severe or profound intellectual disability. This is divided into the two following subcategories
- Causing serious injury, permanent disability, or scarring to a child under 13 or to a person with a severe or profound intellectual disability.
- Causing any kind of bodily harm, disability, or scarring to a child under 13 or to a person with a severe or profound intellectual disability.
(h) Sentence: Aggravated battery is normally a Class 3 felony. Aggravated battery described in section (b)(1) is a Class X felony. Extra prison time can be added if a gun is involved:
- Sentence: If the person had a firearm, 15 more years are added to the prison sentence.
- Sentence: If the person fired the gun during the crime, 20 more years are added.
- Sentence: If firing the gun caused great injury, disability, disfigurement, or death, 25 years to life can be added to the sentence.
(i) Definitions: This section explains certain terms used in the law:
“Building or other structure used to provide shelter” means any place that provides housing or safety for people.
“Domestic violence” means violence between family members or people living together.
“Domestic violence shelter” means a place where victims of domestic violence or their children can go for safety or services.
“Firearm” means a gun that uses gunpowder to shoot, not an air rifle.
“Machine gun” means a gun that can keep firing bullets automatically when the trigger is held down.
“Merchant” means someone who sells or trades goods as part of their business.
“Strangle” means to stop someone’s breathing or blood flow by pressing on their neck or blocking their mouth or nose.
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