What is the Law on Affray in Illinois and What are the Punishments for it?
Affray involves causing disturbance to others and disturbing the peaceful environment. It is a criminal offense where two or persons might indulge in a public fight or other kinds of disorderly conduct. The law regarding Affray in Illinois is covered in Criminal Offenses § 5/26-1 of the Illinois Statutes Chapter 720.
Illinois Affray Law
Disorderly conduct that can disturb the security and peace of the public is a punishable crime in the state of Illinois.
According to Section a of § 26-1 of the Illinois Statutes Chapter 720, a person will be considered to have indulged in disorderly conduct if he knowingly involves in any of the activities:
- Does an unreasonable act that will disturb or alarm others and to disturb the peace of others
- Transmits a false alarm of fire to the fire department in any city or town while knowing that there is no reasonable ground to believe that a fire exists
- Transmits a false alarm regarding a bomb, poison gas, biological weapons, nuclear substances or fire to the local law enforcement authorities
3.5 Causes or transmits the threat of destroying a school building/school property or causes harm to persons at a school, school functions or school events
- Conveys false information to the government officers about an offense is being committed, has been committed, and will be committed
- Transmits a false report to a public safety agency by knowing that transmitting the report is not necessary for the safety and welfare of the people
- Call ‘911’ for making a false alarm or complaint
- Makes a false report by calling the Department of Children and Family Services
- Makes a false report to the Department of Public Health under the Specialized Mental Health Rehabilitation Act, the Nursing Home Care Act, MC/DD Act, and ID/DD Community Care Act
- Makes a false request for an ambulance, paramedic, and emergency medical technician-ambulance
- Transmits a false report under Article 2 of the Public Act 83-1432
- Enters into the property of others and deliberately looks at a property through a window or an opening in it
- While acting as a collection agency or employee of a collection agency, makes a phone call to collect the debt and harasses, annoys, and intimidates the alleged debtor.
Punishment for Affray in Illinois
- A violation of subsection (a)(1) of this Section is a misdemeanor of Class C
- A violation of subsections (a)(5) and (a)(11) of this Section is a misdemeanor of Class A
- A violation of subsections (a)(8) and (a)(10) of this Section is a misdemeanor of Class B
- A violation of subsections (a)(2), a(3.5), a(4), a(6), a(7), or a(9) of this Section is a Class 4 felony
- A violation of subsection (a)(3) of this Section is a Class 3 felony for which an additional fine ranging between $3,000 and $10,000 will be levied in addition to any other penalty
- A violation of subsection a(12) is considered to be a business offense and will be punishable with a fine not exceeding $3,000. A second violation of subsections a(7) or a(5) of this Section is a Class 4 felony. A third violation of these Sections is a Class 4 felony.
In addition to other punishments that are given to the violators of this Section, a judge can order the convict to perform community service for between 30 and 120 hours. In some cases when the convict is placed under supervision, the supervision of the person will be conditioned based upon his performance in the community service.