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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

Where’s Samuel Partida, Jr.?

Samuel Partida, Jr.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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