In Illinois Aggravated Battery is a simple battery with certain aggravating circumstances.
In general, the Illinois Criminal Code (720 ILCS 5/12-3.05) organizes various forms of aggravated battery into the following types:
- Offenses based on injury
- Offenses based on injury to a child
- Offenses based on location of conduct
- Offenses based on status of victim
- Offense based on use of a firearm
- Offense based on use of a weapon or device
- Offense based on certain conduct
Aggravated Battery Based On Injury
“(a) A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
(1) Causes great bodily harm or permanent disability or disfigurement.
(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer…(i) performing his or her official duties;(ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties.
(4) Causes great bodily harm or permanent disability or disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.”
Aggravated Battery Based On Injury To A Child Or Disabled Person
“(b) A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability or disfigurement to any child under the age of 13 years, or to any person with a severe or profound intellectual disability; or
(2) causes bodily harm or disability or disfigurement to any child under the age of 13 years or to any person with a severe or profound intellectual disability.”
Aggravated Battery Based On Location
“(c) A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about
- a public way,
- public property,
- a public place of accommodation or amusement,
- a sports venue,
- a domestic violence shelter, or
- in a church,
- synagogue,
- mosque, or
- other building,
- structure, or
- place used for religious worship.”
Aggravated Battery Based On Status Of Victim
“(d) A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical disability.
(3) 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.
(4) A peace officer…(i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties.
(5) A judge, emergency management worker, emergency medical services personnel, or utility worker: (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties.
(6) An officer or employee of the State of Illinois, a unit of local government, or a school district, while performing his or her official duties.
(7) A transit employee performing his or her official duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged commission of retail theft under Section 16-26 of this Code and the person without legal justification by any means causes bodily harm to the merchant.
(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.
(11) A nurse while in the performance of his or her duties as a nurse.”
Aggravated Battery Based On Use Of A Firearm
“(e) A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(2) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer…(i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties.
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be emergency medical services personnel: (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(5) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer…(i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties.
(7) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be emergency medical services personnel: (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties.
(8) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.”
Aggravated Battery Based On Use Of A Weapon Or Device
“(f) A person commits aggravated battery when, in committing a battery, he or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her identity.
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
(4)Knowingly video or audio records the offense with the intent to disseminate the recording.”
Aggravated Battery Based On Certain Conduct
“(g) A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
(2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.”
Illinois Aggravated Battery Is A Felony
All Illinois aggravated battery offenses are a felony offence ranging from a Class 3 Felony up to a Super Class X Felony. See 720 ILCS 5/12-3.05(h)
As a reference, Illinois felonies are classified into the following levels of seriousness. Higher classes have higher sentencing ranges.
| Class | Sentencing Range | Extended Term (if eligible) |
|---|---|---|
| Class M | 20-60 years | 60-100 years |
| Class X | 6-30 years | 30-60 years |
| Class 1 | 4-15 year | 15-30 years |
| Class 2 | 3-7 years | 7-14 years |
| Class 3 | 2-5 years | 5-10 years |
| Class 4 | 1-3 years | 3-6 years |
Class 3 Felony
Most forms of aggravated battery in Illinois are classified as a Class 3 Felony.
| “Unless otherwise provided, aggravated battery is a Class 3 felony.” |
Class 2 Felony
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class 2 Felony:
| (a)(1) Gbh to church member. |
| (a)(4) Gbh to 60+ yr old. |
| (d)(4) Battery to a peace office. |
| (g)(3) Fluid on corrections officer . |
Class 1 Felony
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class 1 Felony:
| (a)(3) Gbh to a peace officer. |
| (g)(1) Gbh from delivery of controlled substance. |
| (a)(1) Gbh from torture. |
| (a)(5) Strangles a person and uses an instrument. |
| (a)(5) Strangles a person and gbh. |
| (a)(5) Strangles a person and has a similar prior. |
Class X Felony
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class X Felony. Note that most of these offenses are considered a Super Class X Felony, which means they have an enhanced sentencing range.
| (e)(1) Injury with a firearm. |
| (a)(2) Gbh with caustic substance (6 to 45 yrs). |
| (e)(5) Injury with machine gun with silencer (12 to 45 yrs). |
| (e)(2) Injury with a firearm to peace officer (15 to 60 yrs). |
| (e)(3) Injury with a firearm to person at school (15 to 60 yrs). |
| (e)(4) Injury with a firearm to person at school (15 to 60 yrs). |
| (e)(6) Injury to peace officer with machine gun or firearm with a silencer (20 to 60 yrs). |
| (e)(7) Injury to medical person with machine gun or firearm with a silencer (20 to 60 yrs). |
| (e)(8) Injury to person at school with machine gun or firearm with a silencer (20 to 60 yrs). |
Class X Felony With Gun Add-On
The gun-add-ons in Illinois tack on extra years of inceeration when a firearm is used in the commission of a listed offense.
Just one section of the Illinois aggravated battery statute is eligible for this gun-add-on penalty. When there is great bodily harm to a child under 13 years of age or to a person with a mental disability (720 ILCS 5/12-3.05(b)(1)) then the “gun-add-on” may apply.
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class X Felony with the following additional years added to the sentence:
| (b)(1) Add 15 years if armed with a firearm. |
| (b)(1) Add 20 years if personally discharges a firearm. |
| (b)(1) Add 25 to life if causes gbh or death with a firearm. |
- People v. Vanell, 54 Ill.App.3d 824 (2nd Dist. 1977) (guilty when defendant pointed his cane gun at a group of people outside a tavern and intended to shoot above them unintentionally shooting the victim)
- People v. Blanks, 361 Ill.App.3d 400 (1st Dist. 2005) (stick 30 inches long and 2 inches thick is not dangerous per se but the manner of its use was dangerous when it was wildly swung landing a blow on the victim’s forehead)
- People v. Ptak, 193 Ill.app.3d 782 (2nd Dist. 1990) (broken glass is a dangerous weapon)
- People v. Bronw 319 Ill.App.3d 89 (discusses correct jury instruction for aggravated battery to a child)
- People v. Williams, 892 NE.2d 620 (4th Dist 2008) (law does not require that the deadly weapon be the instrument of the physical contact with the victim)
- People v. Belpedio, 212 Ill.App.3d 155 (2nd Dist. 1991) (game of touch football does not include a beating at the end of a play-voluntary game of football is not permission for all illegal contact)
- People v. Dillard, 319 Ill.App.3d 102 (4th Dist. 2001) (retaliation is not self defense)
- People v. Hickman, 9 Ill.App.3d 39 (3rd Dist. 1973) (transferred intent)
- People v. Dorn, 378 Ill.App.3d 693 (4th Dist. 2008) (transferred intent)
- People v. Peterson, 273 Ill.App.3d 412 (1st Dist. 1995) (transferred intent)
- Poeple v. Dunlap, 315 Ill.App.3d 1017 (1st Dist. 2000) (unless state raises the issue defendant must present some evidence that shifts the burden to the state in a self defense case)
- People v. Pergeson, 347 Ill.App.3d 991 (2nd Dist. 2004) (parking lot drive way of mall is a place of public accommodation or amusement)
- People v. Rodriguez, 355 Ill.App.3d 290 (2nd Dist. 2005) (public way means what dictionary says about it any passageway as an alley, road, higway, boulevard, turnpike or part thereof as a bridge open as of right to the public and designed for travel)
- People v. Hale, 77 Ill.2d 114 (1979) (aggravated battery may result from insulting or provoking contact)
- People v. Peck, 260 Ill.App.3d 812 (4th Dist. 1994) (spitting on a cop is insulting and provoking)
- People v. Conley, 187 Ill.App.3d 234 (1st Dist. 1989) (specfic intent crime)
- People v. Bailey, 10 Ill.App.3d 191 (2nd Dist. 1973) (indictment must allege cop on official duty and name the officer)
- People v. Luttrell, 134 Ill.App.3d 328 (4th Dist. 1985) (cop must be named in the charging instrument)
- People v. Psichalinos, 229 Ill.App.3d 1058 (2nd Dist. 1992) (nose bleed equal great bodily harm also transferred intent when he punches a 3 year old)
- People v. O’Neal, 257 Ill.App.3d 491 (1st Dist. 1993) (heinous injury requires permanency while great bodily harm does not, striking with a belt and immersing in hot water is great bodily harm)
- People v. Hall, 273 Ill.App.3d 838 (1st Dist 1995) (no joke defendant guilty of aggravated battery after he grabs a child and shields himself with the kid while he’s being shot at)
- People v. Witherspoon, 379 Ill.App.3d 298 (4th Dist. 2008) (great bodily harm equals severe bodily injury and under one-act one crime principles separate acts are established by language in the charge, notice given pretrial, argument to the jury, verdict sheets, and the JI )
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
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