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Illinois Criminal Code of 1961

Article 25: Miscellaneous Crimes Related to Mob Action

Illinois legislators also outline several miscellaneous crimes related to mob action in Article 25 of the Illinois Criminal Code. The first, looting, describes when a person enters someone elses home in a situation where normal security is not present, such as during a natural disaster or riot. If convicted, a defendant faces a Class 4 felony, must pay restitution to the owner, and must perform at least 100 hours of community service.

One might wonder: Is being in a gang a crime, even if criminal acts are not committed? In Illinois, even associating with so-called streetgang members is a crime. However, only those who have been previously sentenced to probation, conditional discharge, supervision, or are out on bond may be prosecuted for the crime of unlawful contact with streetgang members. If a person with these circumstances knowingly has direct or indirect contact with a gang member, that person could be convicted of a Class A misdemeanor.

Lastly, this section of Article 25 discusses a crime committed by police officers and sheriff. If, on their watch, a prisoner is removed from custody by civilians to be violently harmed, he or she faces automatic suspension under Illinois criminal law.

Need an Illinois criminal defense attorney? If you've been arrested or charged with a crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 25 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Sec. 25-4. Looting by individuals.
    (720 ILCS 5/25-4)

(a) A person commits the offense of looting when he or she knowingly without authority of law or the owner enters any home or dwelling or upon any premises of another, or enters any commercial, mercantile, business, or industrial building, plant, or establishment, in which normal security of property is not present by virtue of a hurricane, fire, or vis major of any kind or by virtue of a riot, mob, or other human agency, and obtains or exerts control over property of the owner. (b) Sentence. Looting is a Class 4 felony. In addition to any other penalty imposed, the court shall impose a sentence of at least 100 hours of community service as determined by the court and shall require the defendant to make restitution to the owner of the property looted pursuant to Section 5-5-6 of the Unified Code of Corrections. (Source: P.A. 96-710, eff. 1-1-10.)

(720 ILCS 5/25-5) (was 720 ILCS 5/25-1.1)

Sec. 25-5. Unlawful contact with streetgang members.

(a) A person commits the offense of unlawful contact with streetgang members when:

(1) he or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of that sentence being to refrain from direct or indirect contact with a streetgang member or members; or

(2) he or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act after having been released on bond for any criminal offense with a condition of that bond being to refrain from direct or indirect contact with a streetgang member or members.

(b) Unlawful contact with streetgang members is a Class A misdemeanor.

(c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963 and the streetgang members are not engaged in any streetgang-related activity. (Source: P.A. 96-710, eff. 1-1-10.)

(720 ILCS 5/25-6) (was 720 ILCS 5/25-2)

Sec. 25-6. Removal of chief of police or sheriff for allowing a person in his or her custody to be lynched.

(a) If a prisoner is taken from the custody of any policeman or chief of police of any municipality and lynched, it shall be prima facie evidence of wrong-doing on the part of that chief of police and he or she shall be suspended. The mayor or chief executive of the municipality shall appoint an acting chief of police until he or she has ascertained whether the suspended chief of police had done all in his or her power to protect the life of the prisoner. If, upon hearing all evidence and argument, the mayor or chief executive finds that the chief of police had done his or her utmost to protect the prisoner, he or she may reinstate the chief of police; but, if he or she finds the chief of police guilty of not properly protecting the prisoner, a new chief of police shall be appointed. Any chief of police replaced is not be eligible to serve again in that office.

(b) If a prisoner is taken from the custody of any sheriff or his or her deputy and lynched, it is prima facie evidence of wrong-doing on the part of that sheriff and he or she shall be suspended. The Governor shall appoint an acting sheriff until he or she has ascertained whether the suspended sheriff had done all in his or her power to protect the life of the prisoner. If, upon hearing all evidence and argument, the Governor finds that the sheriff had done his or her utmost to protect the prisoner, he or she shall reinstate the sheriff; but, if he or she finds the sheriff guilty of not properly protecting the prisoner, a new sheriff shall be duly elected or appointed, pursuant to the existing law provided for the filling of vacancies in that office. Any sheriff replaced is not eligible to serve again in that office. (Source: P.A. 96-710, eff. 1-1-10.)

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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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