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1 | | the offense, and the offense related to the conduct of |
2 | | that office; |
3 | | (6) the defendant utilized his professional reputation |
4 | | or position in the community to commit the offense, or to |
5 | | afford him an easier means of committing it; |
6 | | (7) (blank); the sentence is necessary to deter others |
7 | | from committing the same crime; |
8 | | (8) the defendant committed the offense against a |
9 | | person 60 years of age or older or such person's property; |
10 | | (9) the defendant committed the offense against a |
11 | | person who has a physical disability or such person's |
12 | | property; |
13 | | (10) by reason of another individual's actual or |
14 | | perceived race, color, creed, religion, ancestry, gender, |
15 | | sexual orientation, physical or mental disability, or |
16 | | national origin, the defendant committed the offense |
17 | | against (i) the person or property of that individual; |
18 | | (ii) the person or property of a person who has an |
19 | | association with, is married to, or has a friendship with |
20 | | the other individual; or (iii) the person or property of a |
21 | | relative (by blood or marriage) of a person described in |
22 | | clause (i) or (ii). For the purposes of this Section, |
23 | | "sexual orientation" has the meaning ascribed to it in |
24 | | paragraph (O-1) of Section 1-103 of the Illinois Human |
25 | | Rights Act; |
26 | | (11) the offense took place in a place of worship or on |
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1 | | the grounds of a place of worship, immediately prior to, |
2 | | during or immediately following worship services. For |
3 | | purposes of this subparagraph, "place of worship" shall |
4 | | mean any church, synagogue or other building, structure or |
5 | | place used primarily for religious worship; |
6 | | (12) the defendant was convicted of a felony committed |
7 | | while he was on pretrial release or his own recognizance |
8 | | pending trial for a prior felony and was convicted of such |
9 | | prior felony, or the defendant was convicted of a felony |
10 | | committed while he was serving a period of probation, |
11 | | conditional discharge, or mandatory supervised release |
12 | | under subsection (d) of Section 5-8-1 for a prior felony; |
13 | | (13) the defendant committed or attempted to commit a |
14 | | felony while he was wearing a bulletproof vest. For the |
15 | | purposes of this paragraph (13), a bulletproof vest is any |
16 | | device which is designed for the purpose of protecting the |
17 | | wearer from bullets, shot or other lethal projectiles; |
18 | | (14) the defendant held a position of trust or |
19 | | supervision such as, but not limited to, family member as |
20 | | defined in Section 11-0.1 of the Criminal Code of 2012, |
21 | | teacher, scout leader, baby sitter, or day care worker, in |
22 | | relation to a victim under 18 years of age, and the |
23 | | defendant committed an offense in violation of Section |
24 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
25 | | 11-14.4 except for an offense that involves keeping a |
26 | | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, |
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1 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
2 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
3 | | of 2012 against that victim; |
4 | | (15) the defendant committed an offense related to the |
5 | | activities of an organized gang. For the purposes of this |
6 | | factor, "organized gang" has the meaning ascribed to it in |
7 | | Section 10 of the Streetgang Terrorism Omnibus Prevention |
8 | | Act; |
9 | | (16) the defendant committed an offense in violation |
10 | | of one of the following Sections while in a school, |
11 | | regardless of the time of day or time of year; on any |
12 | | conveyance owned, leased, or contracted by a school to |
13 | | transport students to or from school or a school related |
14 | | activity; on the real property of a school; or on a public |
15 | | way within 1,000 feet of the real property comprising any |
16 | | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, |
17 | | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
18 | | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, |
19 | | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, |
20 | | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except |
21 | | for subdivision (a)(4) or (g)(1), of the Criminal Code of |
22 | | 1961 or the Criminal Code of 2012; |
23 | | (16.5) the defendant committed an offense in violation |
24 | | of one of the following Sections while in a day care |
25 | | center, regardless of the time of day or time of year; on |
26 | | the real property of a day care center, regardless of the |
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1 | | time of day or time of year; or on a public way within |
2 | | 1,000 feet of the real property comprising any day care |
3 | | center, regardless of the time of day or time of year: |
4 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
5 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
6 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
7 | | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
8 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
9 | | (a)(4) or (g)(1), of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012; |
11 | | (17) the defendant committed the offense by reason of |
12 | | any person's activity as a community policing volunteer or |
13 | | to prevent any person from engaging in activity as a |
14 | | community policing volunteer. For the purpose of this |
15 | | Section, "community policing volunteer" has the meaning |
16 | | ascribed to it in Section 2-3.5 of the Criminal Code of |
17 | | 2012; |
18 | | (18) the defendant committed the offense in a nursing |
19 | | home or on the real property comprising a nursing home. |
20 | | For the purposes of this paragraph (18), "nursing home" |
21 | | means a skilled nursing or intermediate long term care |
22 | | facility that is subject to license by the Illinois |
23 | | Department of Public Health under the Nursing Home Care |
24 | | Act, the Specialized Mental Health Rehabilitation Act of |
25 | | 2013, the ID/DD Community Care Act, or the MC/DD Act; |
26 | | (19) the defendant was a federally licensed firearm |
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1 | | dealer and was previously convicted of a violation of |
2 | | subsection (a) of Section 3 of the Firearm Owners |
3 | | Identification Card Act and has now committed either a |
4 | | felony violation of the Firearm Owners Identification Card |
5 | | Act or an act of armed violence while armed with a firearm; |
6 | | (20) the defendant (i) committed the offense of |
7 | | reckless homicide under Section 9-3 of the Criminal Code |
8 | | of 1961 or the Criminal Code of 2012 or the offense of |
9 | | driving under the influence of alcohol, other drug or |
10 | | drugs, intoxicating compound or compounds or any |
11 | | combination thereof under Section 11-501 of the Illinois |
12 | | Vehicle Code or a similar provision of a local ordinance |
13 | | and (ii) was operating a motor vehicle in excess of 20 |
14 | | miles per hour over the posted speed limit as provided in |
15 | | Article VI of Chapter 11 of the Illinois Vehicle Code; |
16 | | (21) the defendant (i) committed the offense of |
17 | | reckless driving or aggravated reckless driving under |
18 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
19 | | operating a motor vehicle in excess of 20 miles per hour |
20 | | over the posted speed limit as provided in Article VI of |
21 | | Chapter 11 of the Illinois Vehicle Code; |
22 | | (22) the defendant committed the offense against a |
23 | | person that the defendant knew, or reasonably should have |
24 | | known, was a member of the Armed Forces of the United |
25 | | States serving on active duty. For purposes of this clause |
26 | | (22), the term "Armed Forces" means any of the Armed |
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1 | | Forces of the United States, including a member of any |
2 | | reserve component thereof or National Guard unit called to |
3 | | active duty; |
4 | | (23) the defendant committed the offense against a |
5 | | person who was elderly or infirm or who was a person with a |
6 | | disability by taking advantage of a family or fiduciary |
7 | | relationship with the elderly or infirm person or person |
8 | | with a disability; |
9 | | (24) the defendant committed any offense under Section |
10 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012 and possessed 100 or more images; |
12 | | (25) the defendant committed the offense while the |
13 | | defendant or the victim was in a train, bus, or other |
14 | | vehicle used for public transportation; |
15 | | (26) the defendant committed the offense of child |
16 | | pornography or aggravated child pornography, specifically |
17 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
18 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
19 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
20 | | solicited for, depicted in, or posed in any act of sexual |
21 | | penetration or bound, fettered, or subject to sadistic, |
22 | | masochistic, or sadomasochistic abuse in a sexual context |
23 | | and specifically including paragraph (1), (2), (3), (4), |
24 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
25 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
26 | | engaged in, solicited for, depicted in, or posed in any |
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1 | | act of sexual penetration or bound, fettered, or subject |
2 | | to sadistic, masochistic, or sadomasochistic abuse in a |
3 | | sexual context; |
4 | | (27) the defendant committed the offense of first |
5 | | degree murder, assault, aggravated assault, battery, |
6 | | aggravated battery, robbery, armed robbery, or aggravated |
7 | | robbery against a person who was a veteran and the |
8 | | defendant knew, or reasonably should have known, that the |
9 | | person was a veteran performing duties as a representative |
10 | | of a veterans' organization. For the purposes of this |
11 | | paragraph (27), "veteran" means an Illinois resident who |
12 | | has served as a member of the United States Armed Forces, a |
13 | | member of the Illinois National Guard, or a member of the |
14 | | United States Reserve Forces; and "veterans' organization" |
15 | | means an organization comprised of members of which |
16 | | substantially all are individuals who are veterans or |
17 | | spouses, widows, or widowers of veterans, the primary |
18 | | purpose of which is to promote the welfare of its members |
19 | | and to provide assistance to the general public in such a |
20 | | way as to confer a public benefit; |
21 | | (28) the defendant committed the offense of assault, |
22 | | aggravated assault, battery, aggravated battery, robbery, |
23 | | armed robbery, or aggravated robbery against a person that |
24 | | the defendant knew or reasonably should have known was a |
25 | | letter carrier or postal worker while that person was |
26 | | performing his or her duties delivering mail for the |
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1 | | United States Postal Service; |
2 | | (29) the defendant committed the offense of criminal |
3 | | sexual assault, aggravated criminal sexual assault, |
4 | | criminal sexual abuse, or aggravated criminal sexual abuse |
5 | | against a victim with an intellectual disability, and the |
6 | | defendant holds a position of trust, authority, or |
7 | | supervision in relation to the victim; |
8 | | (30) the defendant committed the offense of promoting |
9 | | juvenile prostitution, patronizing a prostitute, or |
10 | | patronizing a minor engaged in prostitution and at the |
11 | | time of the commission of the offense knew that the |
12 | | prostitute or minor engaged in prostitution was in the |
13 | | custody or guardianship of the Department of Children and |
14 | | Family Services; |
15 | | (31) the defendant (i) committed the offense of |
16 | | driving while under the influence of alcohol, other drug |
17 | | or drugs, intoxicating compound or compounds or any |
18 | | combination thereof in violation of Section 11-501 of the |
19 | | Illinois Vehicle Code or a similar provision of a local |
20 | | ordinance and (ii) the defendant during the commission of |
21 | | the offense was driving his or her vehicle upon a roadway |
22 | | designated for one-way traffic in the opposite direction |
23 | | of the direction indicated by official traffic control |
24 | | devices; |
25 | | (32) the defendant committed the offense of reckless |
26 | | homicide while committing a violation of Section 11-907 of |
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1 | | the Illinois Vehicle Code; |
2 | | (33) the defendant was found guilty of an |
3 | | administrative infraction related to an act or acts of |
4 | | public indecency or sexual misconduct in the penal |
5 | | institution. In this paragraph (33), "penal institution" |
6 | | has the same meaning as in Section 2-14 of the Criminal |
7 | | Code of 2012; or |
8 | | (34) the defendant committed the offense of leaving |
9 | | the scene of a crash in violation of subsection (b) of |
10 | | Section 11-401 of the Illinois Vehicle Code and the crash |
11 | | resulted in the death of a person and at the time of the |
12 | | offense, the defendant was: (i) driving under the |
13 | | influence of alcohol, other drug or drugs, intoxicating |
14 | | compound or compounds or any combination thereof as |
15 | | defined by Section 11-501 of the Illinois Vehicle Code; or |
16 | | (ii) operating the motor vehicle while using an electronic |
17 | | communication device as defined in Section 12-610.2 of the |
18 | | Illinois Vehicle Code. |
19 | | For the purposes of this Section: |
20 | | "School" is defined as a public or private elementary or |
21 | | secondary school, community college, college, or university. |
22 | | "Day care center" means a public or private State |
23 | | certified and licensed day care center as defined in Section |
24 | | 2.09 of the Child Care Act of 1969 that displays a sign in |
25 | | plain view stating that the property is a day care center. |
26 | | "Intellectual disability" means significantly subaverage |
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1 | | intellectual functioning which exists concurrently with |
2 | | impairment in adaptive behavior. |
3 | | "Public transportation" means the transportation or |
4 | | conveyance of persons by means available to the general |
5 | | public, and includes paratransit services. |
6 | | "Traffic control devices" means all signs, signals, |
7 | | markings, and devices that conform to the Illinois Manual on |
8 | | Uniform Traffic Control Devices, placed or erected by |
9 | | authority of a public body or official having jurisdiction, |
10 | | for the purpose of regulating, warning, or guiding traffic. |
11 | | (b) The following factors, related to all felonies, may be |
12 | | considered by the court as reasons to impose an extended term |
13 | | sentence under Section 5-8-2 upon any offender: |
14 | | (1) When a defendant is convicted of any felony, after |
15 | | having been previously convicted in Illinois or any other |
16 | | jurisdiction of the same or similar class felony or |
17 | | greater class felony, when such conviction has occurred |
18 | | within 10 years after the previous conviction, excluding |
19 | | time spent in custody, and such charges are separately |
20 | | brought and tried and arise out of different series of |
21 | | acts; or |
22 | | (2) When a defendant is convicted of any felony and |
23 | | the court finds that the offense was accompanied by |
24 | | exceptionally brutal or heinous behavior indicative of |
25 | | wanton cruelty; or |
26 | | (3) When a defendant is convicted of any felony |
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1 | | committed against: |
2 | | (i) a person under 12 years of age at the time of |
3 | | the offense or such person's property; |
4 | | (ii) a person 60 years of age or older at the time |
5 | | of the offense or such person's property; or |
6 | | (iii) a person who had a physical disability at |
7 | | the time of the offense or such person's property; or |
8 | | (4) When a defendant is convicted of any felony and |
9 | | the offense involved any of the following types of |
10 | | specific misconduct committed as part of a ceremony, rite, |
11 | | initiation, observance, performance, practice or activity |
12 | | of any actual or ostensible religious, fraternal, or |
13 | | social group: |
14 | | (i) the brutalizing or torturing of humans or |
15 | | animals; |
16 | | (ii) the theft of human corpses; |
17 | | (iii) the kidnapping of humans; |
18 | | (iv) the desecration of any cemetery, religious, |
19 | | fraternal, business, governmental, educational, or |
20 | | other building or property; or |
21 | | (v) ritualized abuse of a child; or |
22 | | (5) When a defendant is convicted of a felony other |
23 | | than conspiracy and the court finds that the felony was |
24 | | committed under an agreement with 2 or more other persons |
25 | | to commit that offense and the defendant, with respect to |
26 | | the other individuals, occupied a position of organizer, |
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1 | | supervisor, financier, or any other position of management |
2 | | or leadership, and the court further finds that the felony |
3 | | committed was related to or in furtherance of the criminal |
4 | | activities of an organized gang or was motivated by the |
5 | | defendant's leadership in an organized gang; or |
6 | | (6) When a defendant is convicted of an offense |
7 | | committed while using a firearm with a laser sight |
8 | | attached to it. For purposes of this paragraph, "laser |
9 | | sight" has the meaning ascribed to it in Section 26-7 of |
10 | | the Criminal Code of 2012; or |
11 | | (7) When a defendant who was at least 17 years of age |
12 | | at the time of the commission of the offense is convicted |
13 | | of a felony and has been previously adjudicated a |
14 | | delinquent minor under the Juvenile Court Act of 1987 for |
15 | | an act that if committed by an adult would be a Class X or |
16 | | Class 1 felony when the conviction has occurred within 10 |
17 | | years after the previous adjudication, excluding time |
18 | | spent in custody; or |
19 | | (8) When a defendant commits any felony and the |
20 | | defendant used, possessed, exercised control over, or |
21 | | otherwise directed an animal to assault a law enforcement |
22 | | officer engaged in the execution of his or her official |
23 | | duties or in furtherance of the criminal activities of an |
24 | | organized gang in which the defendant is engaged; or |
25 | | (9) When a defendant commits any felony and the |
26 | | defendant knowingly video or audio records the offense |
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1 | | with the intent to disseminate the recording. |
2 | | (c) The following factors may be considered by the court |
3 | | as reasons to impose an extended term sentence under Section |
4 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
5 | | offenses: |
6 | | (1) When a defendant is convicted of first degree |
7 | | murder, after having been previously convicted in Illinois |
8 | | of any offense listed under paragraph (c)(2) of Section |
9 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has |
10 | | occurred within 10 years after the previous conviction, |
11 | | excluding time spent in custody, and the charges are |
12 | | separately brought and tried and arise out of different |
13 | | series of acts. |
14 | | (1.5) When a defendant is convicted of first degree |
15 | | murder, after having been previously convicted of domestic |
16 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
17 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
18 | | having been previously convicted of violation of an order |
19 | | of protection (720 ILCS 5/12-30) in which the same victim |
20 | | was the protected person. |
21 | | (2) When a defendant is convicted of voluntary |
22 | | manslaughter, second degree murder, involuntary |
23 | | manslaughter, or reckless homicide in which the defendant |
24 | | has been convicted of causing the death of more than one |
25 | | individual. |
26 | | (3) When a defendant is convicted of aggravated |
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1 | | criminal sexual assault or criminal sexual assault, when |
2 | | there is a finding that aggravated criminal sexual assault |
3 | | or criminal sexual assault was also committed on the same |
4 | | victim by one or more other individuals, and the defendant |
5 | | voluntarily participated in the crime with the knowledge |
6 | | of the participation of the others in the crime, and the |
7 | | commission of the crime was part of a single course of |
8 | | conduct during which there was no substantial change in |
9 | | the nature of the criminal objective. |
10 | | (4) If the victim was under 18 years of age at the time |
11 | | of the commission of the offense, when a defendant is |
12 | | convicted of aggravated criminal sexual assault or |
13 | | predatory criminal sexual assault of a child under |
14 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
15 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
17 | | (5) When a defendant is convicted of a felony |
18 | | violation of Section 24-1 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
20 | | finding that the defendant is a member of an organized |
21 | | gang. |
22 | | (6) When a defendant was convicted of unlawful use of |
23 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
24 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
25 | | a weapon that is not readily distinguishable as one of the |
26 | | weapons enumerated in Section 24-1 of the Criminal Code of |
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1 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
2 | | (7) When a defendant is convicted of an offense |
3 | | involving the illegal manufacture of a controlled |
4 | | substance under Section 401 of the Illinois Controlled |
5 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
6 | | of methamphetamine under Section 25 of the Methamphetamine |
7 | | Control and Community Protection Act (720 ILCS 646/25), or |
8 | | the illegal possession of explosives and an emergency |
9 | | response officer in the performance of his or her duties |
10 | | is killed or injured at the scene of the offense while |
11 | | responding to the emergency caused by the commission of |
12 | | the offense. In this paragraph, "emergency" means a |
13 | | situation in which a person's life, health, or safety is |
14 | | in jeopardy; and "emergency response officer" means a |
15 | | peace officer, community policing volunteer, fireman, |
16 | | emergency medical technician-ambulance, emergency medical |
17 | | technician-intermediate, emergency medical |
18 | | technician-paramedic, ambulance driver, other medical |
19 | | assistance or first aid personnel, or hospital emergency |
20 | | room personnel. |
21 | | (8) When the defendant is convicted of attempted mob |
22 | | action, solicitation to commit mob action, or conspiracy |
23 | | to commit mob action under Section 8-1, 8-2, or 8-4 of the |
24 | | Criminal Code of 2012, where the criminal object is a |
25 | | violation of Section 25-1 of the Criminal Code of 2012, |
26 | | and an electronic communication is used in the commission |
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1 | | of the offense. For the purposes of this paragraph (8), |
2 | | "electronic communication" shall have the meaning provided |
3 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
4 | | (d) For the purposes of this Section, "organized gang" has |
5 | | the meaning ascribed to it in Section 10 of the Illinois |
6 | | Streetgang Terrorism Omnibus Prevention Act. |
7 | | (e) The court may impose an extended term sentence under |
8 | | Article 4.5 of Chapter V upon an offender who has been |
9 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
10 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
11 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
12 | | when the victim of the offense is under 18 years of age at the |
13 | | time of the commission of the offense and, during the |
14 | | commission of the offense, the victim was under the influence |
15 | | of alcohol, regardless of whether or not the alcohol was |
16 | | supplied by the offender; and the offender, at the time of the |
17 | | commission of the offense, knew or should have known that the |
18 | | victim had consumed alcohol. |
19 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
20 | | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. |
21 | | 8-20-21; 102-982, eff. 7-1-23 .) |