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This chapter also discusses driving-under-the-influence violations, as well as the juvenile justice system. The Family Law Chapter covers domestic abuse and protective orders, and the Process of a Case: Civil & Criminal Chapter describes criminal procedure. Private causes of action that result from criminal conduct are covered in the Personal Injury Law Chapters.
Every crime is defined by a list of elements. In a criminal trial, the prosecutor attempts to prove all the elements of the crime the person is accused of committing. If all elements are proven, the judge or the jury finds the person guilty of the crime. However, even for minor criminal violations, the accused may not be found guilty unless the jury or judge finds him or her guilty "beyond a reasonable doubt."
A person who aids or advises another in committing a crime may be guilty of aiding and abetting, and may be criminally liable for the acts of the other person, as well. Thus, if someone intentionally advises another how to commit a crime, both people are equally liable under the law.
As mentioned, misdemeanors usually carry a maximum punishment of a fine and less than one year of incarceration. Crimes for which a person may be punished by more than one year in jail or in prison are categorized in Illinois as felonies.
Crimes Causing Harm to Property
Theft, burglary, and robbery are felonies in Illinois unless the value of the property taken is under $300. Similarly, whether a crime against property is charged as a misdemeanor or a felony depends on the value of the property taken or damaged. The statute prohibiting criminal damage to property, for example, proscribes knowingly or recklessly damaging another's property, setting a fire on another's property, injuring another's domestic animal, and setting a stink bomb or other offensive-smelling compound on another's property. If the damage to the property is no more than $300, these crimes are misdemeanors; if the damage equals more than $300, the crimes are felonies. Similarly, criminal defacement of property is knowingly damaging another's property with paint, an etching tool, a writing instrument, or a similar device; the severity of punishment depends on the level of offense, which is a misdemeanor or felony depending on whether the property damage exceeds $300. In contrast, trespass to another person's property generally is a misdemeanor, while arson is always a felony.
Civil Rights Crimes
The Illinois Human Rights Act forbids discrimination in employment, housing, financial credit, and public accommodations on the basis of age, ancestry, citizenship, color, disability, marital status, national origin, race, religion, sex, or unfavorable military discharge. Violation of these prohibitions can subject the violator to criminal prosecution.
Sex Crimes
Some actions involving sex are illegal misdemeanors under Illinois law, unless the person charged has been convicted of a previous offense or unless a child is involved, in which case they are felonies that carry more severe punishment. Prostitution, pimping, and solicitation are misdemeanors.
It is criminal sexual abuse, sometimes called statutory rape, for any one to have sexual penetration or sexual conduct with a victim under the age of 17. Criminal sexual abuse also can be sexual conduct other than sexual penetration in which force is used or the victim was unable to consent.
A person age 21 or over who is convicted of DUI the first time faces a mandatory sentence of losing driving privileges for at least one year, as well as possible imprisonment. If the person had a child in the car at the time of the arrest, the judge must add to the punishment a fine of $500 to $1000 and five days of community service. Subsequent convictions carry increased jail time, higher fines, mandatory community service for ten days, and/or loss of driving privileges for up to six years.
Illinois recently began a "zero tolerance" campaign to address the problem of DUI, especially among drivers under age 21. The first time a person under age 21 is convicted of DUI, he or she automatically loses driving privileges for two years and may face imprisonment and a fine, as well. Subsequent convictions have more severe mandatory penalties. For drivers under age 21, "zero tolerance" means it is illegal to drive with a BAC of more than .00, even if the BAC is not as high as what some people consider enough to make them intoxicated. For the first such offense a driver automatically loses his or her license for three months; for subsequent offenses he or she loses driving privileges for one year. Refusing to submit to chemical testing for BAC also carries with it a mandatory suspension of driving privileges. Other alcohol or drug-related traffic offenses include reckless homicide (discussed in the Criminal Law: Felonies & White Collar Crime Chapter) under the influence and aggravated DUI. Aggravated DUI is committed if the offender:
Numerous other offenses connected to DUI are misdemeanors in Illinois. Offenses include:
The most significant distinction between the juvenile court system and adult criminal courts is in courtroom procedures. Juvenile courts generally are less formal than other courts. For example, minors being adjudicated or giving courtroom testimony in some cases can have a supportive person present during their testimony. Juvenile cases are heard in an adjudication hearing by a judge who determines the guilt or innocence of a minor accused of committing a delinquent act. Sometimes these hearings are closed to the public. Records made by law enforcement officers about delinquent minors must be kept confidential and separate from other arrest records. Only under certain circumstances may records from juvenile court be used in other legal proceedings.
Illinois has strict laws that seek to address juvenile gang violence. When the state seeks to try a violent juvenile delinquent on criminal charges, it may include in its petition evidence that the criminal activity was gang-related, and the judge may consider this evidence and order the minor tried as an adult. For example, if a 16-year-old minor allegedly committed a forcible felony that was part of criminal gang activity, and the minor already was declared a juvenile delinquent, the judge will order the case to be heard in criminal court.
Under some Illinois laws, the victim may receive compensation from the person who committed the crime. This is called restitution. For example, a person whose vehicle is stolen may be able to receive compensation for the vehicle. In this case, the state arranges to collect the money from the criminal and sends a check to the victim when all the restitution has been made.
The Illinois Victims Rights Constitutional Amendment gives all victims the right to be treated with fairness, the right to privacy, the right to make a statement at sentencing, and the right to reasonable protection from the accused during the criminal justice proceedings. Victims of the most violent crimes also have the right to be notified of the status of the investigation, whether an indictment has been brought, the time and place of any hearings, and when the defendant is released from custody.
If the court does not order restitution, or if a prosecutor does not press charges, the victim still has the option to seek compensation directly by suing the offender in civil court. This option is discussed more fully in the Process of a Case: Civil & Criminal Chapter.
Illinois State Bar Association, Illinois Bar Center, Springfield, IL 62701-1779. Call (217) 525-1760 for information or to order the free pamphlet, Your Rights if Arrested.
Secretary of State, Traffic Safety Division, 2701 Dirksen Parkway South, Springfield, IL 62723, phone: (217) 785-1444, TTY: (800) 252-2904. Contact the Traffic Safety Division to order the free pamphlet, DUI Law: Making Progress, Getting Results or the free booklet, DUI 1994 Fact Book.
Crime victims who wish to apply for compensation should apply to the Illinois Court of Claims, Capitol Building Room 213, Springfield, IL 62756, phone: (217) 782-7101. Illinois Crime Victims Reparation Board, 100 Randolph Street West, Chicago, IL 60601, phone: (312) 814-2581.
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