Illinois Law
Illinois Felony & Misdemeanor Defense
- Felony & Misdemeanor Defense
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 anyone to have sexual penetration or sexual conduct with a victim under the age of 17. If the accused is over five years older, it is a felony. Criminal sexual abuse also can be sexual conduct other than sexual penetration in which force is used or the victim was unable to consent.
Alcohol and Drug-Related Traffic Offenses
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 $1,000 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
- Has three or more DUI arrests
- Commits DUI while driving a school bus full of children
- Is convicted of DUI after a collision that caused great bodily harm or permanent disfigurement or disability
- Has a second DUI conviction after a DUI conviction that caused reckless homicide or great bodily injury
Numerous other offenses connected to DUI are misdemeanors in Illinois. Offenses include
- Falsifying a driver's license
- Failing to carry valid automobile insurance
- Allowing one's residence to be used by children under the age of 21 to drink
- Selling alcohol to a minor or an intoxicated person
- Knowingly renting a hotel or motel room to a person under the age of 21 who is drinking alcoholic beverages
- Allowing a person under the influence of alcohol to operate one's vehicle
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