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Attention lawNinvest 1. What class of crime in Illinois

Customer Question

Attention: lawNinvest

1. What class of crime in Illinois is going to a store where you are prohibited because you stole something form there. It seems to be criminal trespass but not class A.

2.Being involved in a fight where there is a gathering of people. Is this mob action or disorderly conduct. What is its class and penalty? (In Illinois.)
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 7 years ago.
1. What class of crime in Illinois is going to a store where you are prohibited because you stole something form there. It seems to be criminal trespass but not class A.

It is class B misdemeanor:


(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) Except as provided in subsection (a-5), whoever:
(1) knowingly and without lawful authority enters or
remains within or on a building; or
(2) enters upon the land of another, after receiving,
prior to such entry, notice from the owner or occupant that such entry is forbidden; or
(3) remains upon the land of another, after receiving
notice from the owner or occupant to depart; or
(3.5) presents false documents or falsely represents
his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
commits a Class B misdemeanor.


2.Being involved in a fight where there is a gathering of people. Is this mob action or disorderly conduct. What is its class and penalty?

A mob offense would be when there is a gather or assembly of people with the intent to disturb the peace. Disorderly conduct is based on certain actions, such as setting a false alarm. So if the question has nothing more specific it would be a mob offense.

Article 26 - Disorderly Conduct

What class and penalty would depend on its purpose:


(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
Sec. 25-1. Mob action.
(a) A person commits the offense of 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;
(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.
(b) Mob action as defined in paragraph (1) of subsection (a) is a Class 4 felony.
(c) Mob action as defined in paragraphs (2) and (3) of subsection (a) is a Class C misdemeanor.
(d) Any participant in a mob action that by violence inflicts injury to the person or property of another commits a Class 4 felony.
(e) Any participant in a mob action who does not withdraw on being commanded to do so by any peace officer commits a Class A misdemeanor.
(f) In addition to any other sentence that may be imposed, a court shall order any person convicted of mob action to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 96-710, eff. 1-1-10.)




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