Illinois Compiled Statutes 720 ILCS 5 Criminal Code of 2012. Section 12-2

    (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)

    Sec. 12-2. Aggravated assault.

    (a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.

    (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:

        (1) A physically handicapped person or a person 60

    years of age or older and the assault is without legal justification.

        (2) A teacher or school employee upon school grounds

    or grounds adjacent to a school or in any part of a building used for school purposes.

        (3) A park district employee upon park grounds or

    grounds adjacent to a park or in any part of a building used for park purposes.

        (4) A peace officer, community policing volunteer,

    fireman, private security officer, emergency management worker, emergency medical technician, or utility worker:

            (i) performing his or her official duties;

            (ii) assaulted to prevent performance of his or

        her official duties; or

            (iii) assaulted in retaliation for performing his

        or her official duties.

        (5) A correctional officer or probation officer:

            (i) performing his or her official duties;

            (ii) assaulted to prevent performance of his or

        her official duties; or

            (iii) assaulted in retaliation for performing

        his or her official duties.

        (6) A correctional institution employee, a county

    juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:

            (i) performing his or her official duties;

            (ii) assaulted to prevent performance of his or

        her official duties; or

            (iii) assaulted in retaliation for performing his

        or her official duties.

        (7) An employee of the State of Illinois, a municipal

    corporation therein, or a political subdivision thereof, performing his or her official duties.

        (8) A transit employee performing his or her official

    duties, or a transit passenger.

        (9) A sports official or coach actively participating

    in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.

        (10) A person authorized to serve process under

    Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.

    (c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:

        (1) Uses a deadly weapon, an air rifle as defined in

    the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.

        (2) Discharges a firearm, other than from a motor

    vehicle.

        (3) Discharges a firearm from a motor vehicle.

        (4) Wears a hood, robe, or mask to conceal his or her

    identity.

        (5) Knowingly and without lawful justification shines

    or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.

        (6) Uses a firearm, other than by discharging the

    firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:

            (i) performing his or her official duties;

            (ii) assaulted to prevent performance of his or

        her official duties; or

            (iii) assaulted in retaliation for performing his

        or her official duties.

        (7) Without justification operates a motor vehicle in

    a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.

        (8) Without justification operates a motor vehicle in

    a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.

        (9) Knowingly video or audio records the offense

    with the intent to disseminate the recording.

    (d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.

    (e) For the purposes of this Section, "Category I weapon", "Category II weapon, and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.

(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 1-1-14.)

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Last modified: February 18, 2015