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Mob Action Illinois Felony Offense

May 3, 2020 By Arthur McGibbons

In Illinois the offense of mob action is the lowest level felony a person could be charged with. The exact language in the criminal code says that:

“A person commits mob action when he or she engages in any of the following:

(1) the knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law;”

Mob Action Felony Sentencing

Disturbing the public peace under § (a)(1) is a Class 4 Felony. See 720 ILCS 25-1(b). See also § (b)(3) which says that,

“A participant in a mob action that by violence inflicts injury to the person or property of another commits a Class 4 felony.”

Mob action is punishable between 1 to 3 years in prison, but see the chart below for extended term numbers when applicable:

ClassSentencing RangeExtended Term
(if eligible)
Class M20-60 years60-100 years
Class X6-30 years30-60 years
Class 14-15 year15-30 years
Class 23-7 years7-14 years
Class 32-5 years5-10 years
Class 41-3 years3-6 years

720 ILCS 5/25-1.

Mob Action Misdemeanor Offense

Mob action can also be charged as a misdemeanor offense. The code says that:

“A person commits mob action when he or she engages in any of the following:

(2) the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or

(3) the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.”

Mob action under § (a)(2) and (a)(3) (knowing assembly of 2 or more persons) is a Class C Misdemeanor. See 720 ILCS 25-1(b). This means misdemeanor mob action is punishable to up to 30 days in jail. See the chart below for the maximum fine that can be imposed:

ClassPenalty RangeMaximum Fine
Aless than 1 yearnot to exceed $2,500
Bnot more than 6 mthsnot to exceed $1,500
Cnot more than 30 daysnot to exceed $1,500

Police Power To Dispurse

There is a provision in the mob action code that give police the power to break-up and dispurse an unlawful mob. Any person who does not leave when ordered to can be arrested.

See 720 ILCS 5/25-1(b)(4), which say:

“A participant in a mob action who does not withdraw when commanded to do so by a peace officer commits a Class A misdemeanor.

See also People v. Nash, 173 Ill.2d 423 (1996) (case dealing with the sufficiency of the evidence needed to convict on a mob action)

Filed Under: Mob Action

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