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:
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:
| 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 |
Mob Action Misdemeanor Offense
Mob action can also be charged as a misdemeanor offense. The code says that:
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:
| Class | Penalty Range | Maximum Fine |
|---|---|---|
| A | less than 1 year | not to exceed $2,500 |
| B | not more than 6 mths | not to exceed $1,500 |
| C | not more than 30 days | not 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:
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)
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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