What Is the Law on Riot in Illinois and What Are the Punishments for It?
The Illinois Compiled Statutes (ILCS) explains the state’s laws on mob attacks and violence in Chapter 720 - Criminal Code. The act of engaging in, or inciting mob violence, is a crime in Illinois. The accused, depending on the severity of the crime, can be guilty of a felony or misdemeanor and sentenced accordingly.
What is a Mob Action According to ILCS?
ILCS does not define Riot specifically but has a broader law that describes what amounts to an offense of Mob Action. The offense is listed in Article 25 of Chapter 720.
According to Section 25.1, an individual becomes guilty of committing a Mob Action if any of the following happens:
- There are 2 or more individuals; and
o All the individuals, either knowingly or recklessly, use violence or force unlawfully thereby disturbing public peace; or
- 2 or more people form an assembly intentionally, either to directly engage in, or facilitate the commission of, a misdemeanor or felony; or
- An unlawful assembly of 2 or more individuals, formed intentionally, for the purpose of engaging in violent acts:
o Against another individual, or property of any other individual, who is supposed to have acted unlawfully and therefore supposed to be guilty of the act; or
- An unlawful assembly of 2 or more individuals formed knowingly, for the purpose of using violence over any individual for exercising regulative or correctional powers.
How ILCS Categorizes Different Types of Mob Action?
Mob Action, as explained above, can differ in terms of the knowledge of the commission of the act, the extent of violence involved, and the intention of the perpetrators. The charges vary accordingly.
- An individual committing a Mob Action where 2 or more individuals use unlawful force or violence, knowingly or recklessly, disturbing public peace is guilty of committing a Class 4 Felony.
- An individual committing a Mob Action in which 2 or more people assemble on purpose with an intention to do, or facilitate the commission, of a misdemeanor or felony, is guilty of committing a Class C Misdemeanor.
- An individual committing a Mob Action in which 2 or more people assemble on purpose and unlawfully, with an intention to do violence to another individual, or property of any other individual, who is assumed or believed to be guilty of commission of an unlawful act; or a Mob Action in which 2 or more people assemble purposefully or unlawfully to use violence on any individual to exercise regulative or correctional authority, is guilty of Class C Misdemeanor.
- An individual who is a participant in a Mob Action in which a physical injury is inflicted upon another individual or damage to property of any individual is caused, through an act of violence, is guilty of committing a Class 4 Felony.
- An individual who, as a participant of a Mob Action, refuses to withdraw upon the order of a Peace Officer, is guilty of committing a Class A Misdemeanor.
Punishments for Mob Action
- For Mob Action classified under Class 4 Felony, the sentence is imprisonment in state prison for a term between 1 and 3 years and a fine of up to $25, 000.
- For Mob Action classified under Class C Misdemeanor, the sentence can be up to a month of imprisonment in county prison, and a fine of up to $1500.
- An individual who, as part of a Mob Action, violates the order of a Peace Officer to withdraw, and thereby commits a Class A Misdemeanor, can be sentenced to imprisonment for up to a year and can be fined by up to $2500.
- In addition to the sentence applicable for the felony or misdemeanor, an individual guilty of Mob Action can be ordered by a court to perform community service for a period between 30 and 120 hours.
This sentence is applicable if such community service exists in the jurisdiction. The said community service must be approved and funded by the county board of the county where the crime was committed.
Also, an individual charged with Mob Action and found guilty of the crime is ordered supervision by a court, and the supervision shall take into account the individual’s performance of community service.
The sentence of community service does not apply if the court sentences the individual with imprisonment.