ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/12-3 (2026)

Battery

✓ current as of May 2026
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(720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
    Sec. 12-3. Battery.
    (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
    (b) Sentence.
    Battery is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)

    
Notes of Decisions
Cited in 349 cases (144 in the last 5 years), 1993–2026 · leading case: United States v. Lynn, 851 F.3d 786 (7th Cir. 2017).
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United States v. Lynn, 851 F.3d 786 (7th Cir. 2017). · cites it 3× “2d 490, 492 (2009) (quoting 720 ILCS 5/12-3). Other than adding gender inclusive language, the battery statute has not changed since 2007; it provides: “Sec.”
Michael Hill v. Robert Werlinger, 695 F.3d 644 (7th Cir. 2012). · cites it 3× “The court determined that Hill’s two aggravated battery convictions were under subsection (1) of 720 ILCS 5/12-3, not subsection (2), and con- *647 eluded that the convictions constituted “violent felonies.”
Lonzo Stanley v. United States, 827 F.3d 562 (7th Cir. 2016). · cites it 2× “Stanley’s conviction for aggravated battery of a peace officer, in violation of 720 ILCS 5/12-3, 5/12-4(b)(6) (1997), also is outside the scope of Johnson .”
People v. Taylor, 2022 IL App (4th) 210507 (Ill. App. Ct. 2022). · cites it 7× “3d at 814 (quoting 720 ILCS 5/12-3(a) (West 1992)). Thus, we held that spitting in the face of the officer “easily” constituted physical contact of an insulting or provoking nature to meet the definition of battery under section 12- 3(a)(2) (720 ILCS 5/12-3(a)(2) (West 1992)).”
People v. Davidson, 2023 IL 127538 (Ill. 2023). · cites it 2× “See 720 ILCS 5/12-3(a) (West 2018)). Defendant contends the State must present evidence proving Officer Stitt subjectively found the physical contact insulting or provoking.”
Dobias v. Oak Park, 2016 IL App (1st) 152205 (Ill. App. Ct. 2016). · cites it 2× “Specifically, plaintiff contends that Tarrant imputed that she committed a battery. A person commits the crime of battery if she “knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking…”
Gonzalez v. City of Elgin, 578 F.3d 526 (7th Cir. 2009). “Under 720 ILCS 5/12-3(a), it is a battery if a person *539 “intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.”
People v. Williams, 2020 IL App (4th) 180554 (Ill. App. Ct. 2020). · cites it 2× “” 720 ILCS 5/12-3 (West 2016). Defendant argues that a person cannot make contact of an insulting or provoking nature with an individual who is already unconscious.”
People v. Wrencher, 959 N.E.2d 693 (Ill. App. Ct. 2011). · cites it 2× “Defendant acknowledges he has procedurally forfeited this argument, but he maintains we should consider the argument, anyway, because (in his estimation) the violation of Rule 431(b) amounts to plain error and a structural defect. ¶ 3 Second, defendant argues that an element of…”
People v. Matthew K., 823 N.E.2d 252 (Ill. App. Ct. 2005). · cites it 2× “Due to the lack of evidence regarding this element, counsel asked for a finding on the lesser included offense of battery (720 ILCS 5/12-3(a)(2) (West 2002)). The trial court found Matthew guilty of two counts of aggravated criminal sexual abuse as to Allena.”
People v. J.A., 784 N.E.2d 373 (Ill. App. Ct. 2003). · cites it 2× “720 ILCS 5/12-3(a)(1) (West 2000). In defining the term "bodily harm" as it relates to simple battery, the Illinois Supreme Court has indicated as follows: "Although it may be difficult to pinpoint exactly what constitutes bodily harm for the purposes of the statute, some sort…”
People v. Moffett, 2019 IL App (2d) 180964 (Ill. App. Ct. 2020). · cites it 2× “See 720 ILCS 5/12-3(a)(1), 12-3.05(d)(4) (West 2018).”
Show all 349 citing cases →
— 720 ILCS 5/12-3(a) — 108 cases
People v. Davidson, 2023 IL 127538 (Ill. 2023). “See 720 ILCS 5/12-3(a) (West 2018)). Defendant contends the State must present evidence proving Officer Stitt subjectively found the physical contact insulting or provoking.”
Gonzalez v. City of Elgin, 578 F.3d 526 (7th Cir. 2009). “Under 720 ILCS 5/12-3(a), it is a battery if a person *539 “intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.”
People v. Wrencher, 959 N.E.2d 693 (Ill. App. Ct. 2011). “Defendant acknowledges he has procedurally forfeited this argument, but he maintains we should consider the argument, anyway, because (in his estimation) the violation of Rule 431(b) amounts to plain error and a structural defect. ¶ 3 Second, defendant argues that an element of…”
In re N.H., 2016 IL App (1st) 152504 (Ill. App. Ct. 2016).
People v. Moon, 2019 IL App (1st) 161573 (Ill. App. Ct. 2019).
— 720 ILCS 5/12-3(a)(1) — 77 cases
People v. Moffett, 2019 IL App (2d) 180964 (Ill. App. Ct. 2020). “See 720 ILCS 5/12-3(a)(1), 12-3.05(d)(4) (West 2018).”
People v. Perez, 2024 IL App (2d) 230504 (Ill. App. Ct. 2024).
Johnson v. Dep't of State Police, 2020 IL 124213 (Ill. 2021).
People v. Castillo, 2024 IL App (1st) 232315 (Ill. App. Ct. 2024).
People v. J.A., 784 N.E.2d 373 (Ill. App. Ct. 2003). “720 ILCS 5/12-3(a)(1) (West 2000). In defining the term "bodily harm" as it relates to simple battery, the Illinois Supreme Court has indicated as follows: "Although it may be difficult to pinpoint exactly what constitutes bodily harm for the purposes of the statute, some sort…”
— 720 ILCS 5/12-3(a)(2) — 81 cases
People v. Matthew K., 823 N.E.2d 252 (Ill. App. Ct. 2005). “Due to the lack of evidence regarding this element, counsel asked for a finding on the lesser included offense of battery (720 ILCS 5/12-3(a)(2) (West 2002)). The trial court found Matthew guilty of two counts of aggravated criminal sexual abuse as to Allena.”
People v. Nichols, 2012 IL App (4th) 110519 (Ill. App. Ct. 2012).
People v. Taylor, 2022 IL App (4th) 210507 (Ill. App. Ct. 2022). “3d at 814 (quoting 720 ILCS 5/12-3(a) (West 1992)). Thus, we held that spitting in the face of the officer “easily” constituted physical contact of an insulting or provoking nature to meet the definition of battery under section 12- 3(a)(2) (720 ILCS 5/12-3(a)(2) (West 1992)).”
People v. McCoy, 881 N.E.2d 621 (Ill. App. Ct. 2008).
People v. Young, 792 N.E.2d 468 (Ill. App. Ct. 2003).
— 720 ILCS 5/12-3(a)(i) — 1 case
United States v. Bailey, 676 F. App'x 606 (7th Cir. 2017).
— 720 ILCS 5/12-3(a)(l) — 3 cases
Lonzo Stanley v. United States, 827 F.3d 562 (7th Cir. 2016). “Stanley’s conviction for aggravated battery of a peace officer, in violation of 720 ILCS 5/12-3, 5/12-4(b)(6) (1997), also is outside the scope of Johnson .”
Michael Hill v. Robert Werlinger, 695 F.3d 644 (7th Cir. 2012). “The court determined that Hill’s two aggravated battery convictions were under subsection (1) of 720 ILCS 5/12-3, not subsection (2), and con- *647 eluded that the convictions constituted “violent felonies.”
Casares v. Bernal, 790 F. Supp. 2d 769 (N.D. Ill. 2011).
— 720 ILCS 5/12-3(b) — 8 cases
People v. J.A., 784 N.E.2d 373 (Ill. App. Ct. 2003). “720 ILCS 5/12-3(a)(1) (West 2000). In defining the term "bodily harm" as it relates to simple battery, the Illinois Supreme Court has indicated as follows: "Although it may be difficult to pinpoint exactly what constitutes bodily harm for the purposes of the statute, some sort…”
In re Raheem M., 2013 IL App (4th) 130585 (Ill. App. Ct. 2014).
People v. Lucas, 865 N.E.2d 420 (Ill. App. Ct. 2007).
People v. Gwartney, 2022 IL App (4th) 210737-U (Ill. App. Ct. 2022).
Hubly v. Ayala, 2023 IL App (2d) 220015-U (Ill. App. Ct. 2023).
— 720 ILCS 5/12-3(c) — 1 case
People v. Whitehead, 2021 IL App (2d) 210104-U (Ill. App. Ct. 2021).
— 720 ILCS 5/12-3(e)(1) — 1 case
People v. Beauchamp, 2025 IL App (4th) 241202-U (Ill. App. Ct. 2025).
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