720 ILCS 5/12-9
Threatening public officials; human service providers
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(720 ILCS 5/12-9)
(from Ch. 38, par. 12-9)
Sec. 12-9. Threatening public officials; human service providers.
(a) A person commits threatening a public official or human service provider when:
(1) that person knowingly delivers or conveys, | directly or indirectly, to a public official or human service provider by any means a communication: |
(i) containing a threat that would place the | public official or human service provider or a member of his or her immediate family in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or |
(ii) containing a threat that would place the | public official or human service provider or a member of his or her immediate family in reasonable apprehension that damage will occur to property in the custody, care, or control of the public official or his or her immediate family; and |
(2) the threat was conveyed because of the | performance or nonperformance of some public duty or duty as a human service provider, because of hostility of the person making the threat toward the status or position of the public official or the human service provider, or because of any other factor related to the official's public existence. |
(a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker, caseworker, investigator, or human service provider, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm. (b) For purposes of this Section:
(1) "Public official" means a person who is elected | to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. "Public official" includes a duly appointed assistant State's Attorney, assistant Attorney General, or Appellate Prosecutor; a sworn law enforcement or peace officer; a social worker, caseworker, attorney, or investigator employed by the Department of Healthcare and Family Services, the Department of Human Services, the Department of Children and Family Services, or the Guardianship and Advocacy Commission; or an assistant public guardian, attorney, social worker, case manager, or investigator employed by a duly appointed public guardian. |
(1.5) "Human service provider" means a social | worker, case worker, or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Human Services, the Department of Children and Family Services, the Department of Healthcare and Family Services, or the Department on Aging. |
(2) "Immediate family" means a public official's | spouse or child or children. |
(c) Threatening a public official or human service provider is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent offense.
(Source: P.A. 100-1, eff. 1-1-18.)
(720 ILCS 5/Art. 12, Subdiv. 20 heading) SUBDIVISION 20. MUTILATION
(Source: P.A. 96-1551, eff. 7-1-11.) |
Notes of Decisions
Cited in 51
cases (17 in the last 5 years), 2000–2026 · leading case: People v. Bona
People v. Bona (2018)
“Bona, was convicted of two counts of threatening a public official, in violation of section 12-9 of the Criminal Code of 2012 (Code) ( 720 ILCS 5/12-9(a) (West 2012) ). Defendant appeals his conviction, challenging (1) whether the statute is constitutional, (2) the sufficiency…”
People v. Hibbler (2019)
“*541 ¶ 1 In September 2015, defendant, Terrell Lasean Hibbler, pleaded guilty to threatening a public official ( 720 ILCS 5/12-9(a) (West 2014)) in exchange for a sentence of 30 months' probation.”
People v. Hale (2012)
“BACKGROUND ¶4 In July 2009, the State charged defendant by information with four counts of aggravated battery (counts I, II, III, and V) (720 ILCS 5/12-4(b)(18) (West 2008)) and one count of threatening a public official (count IV) (720 ILCS 5/12-9 (West 2008)). Count IV alleged…”
People v. Smith (2019)
“” 720 ILCS 5/12-9(a) (West 2014). ¶ 48 Section 12-9(a) requires a defendant to place the victim or immediate family in reasonable apprehension of damage to property or immediate or future bodily harm.”
People v. Dye (2015)
“Dye, guilty of threatening a public official (720 ILCS 5/12-9 (West 2012)). The court sentenced him to imprisonment for three years.”
People v. VanHoose (2020)
“¶ 14 On September 23, 2016, the defendant was charged by indictment with the offense of threatening a public official, in violation of section 12-9(a)(1)(i) of the Criminal Code of 2012 (720 ILCS 5/12-9(a)(1)(i) (West 2016)), a Class 3 felony.”
People v. Hibbler (2019)
“OPINION ¶1 In September 2015, defendant, Terrell Lasean Hibbler, pleaded guilty to threatening a public official (720 ILCS 5/12-9(a) (West 2014)) in exchange for a sentence of 30 months’ probation.”
People v. Gregory (2016)
“OPINION ¶1 Defendant, Scott Gregory, appeals his convictions of one count of threatening a public official (720 ILCS 5/12-9(a)(1)(i) (West 2010)) and three counts of cyberstalking (720 ILCS 5/12-7.”
People v. Wood (2017)
“" ¶ 23 In addition to there not being a threat that would permit the criminalization of the speech, the State did not introduce any evidence that defendant knew that the purportedly threatening statements he made about the judge would be conveyed to judge.”
People v. Goodwin (2019)
“¶ 34 Section 12-9 of the Criminal Code of 2012 (Code) (720 ILCS 5/12-9 (West 2014)) provides, in relevant part: “(a) A person commits threatening a public official or human service provider when: (1) that person knowingly delivers or conveys, directly or indirectly, to a public…”
Avila v. Pappas (2010)
“Compare 720 ILCS 5/12-9 with 720 ILCS 5/12-2(a)(10).”
People v. Garcia (2015)
“OPINION ¶1 Following a jury trial in the circuit court of Kane County, defendant, Christopher Garcia, was found guilty of threatening a public official (720 ILCS 5/12-9 (West 2012)) and was sentenced to a 54-month prison term.”
— 720 ILCS 5/12-9(1)(a)(1)(i) — 2 cases
People v. Khan (2019)
People v. Khan (2018)
— 720 ILCS 5/12-9(a) — 11 cases
People v. Bona (2018)
“Bona, was convicted of two counts of threatening a public official, in violation of section 12-9 of the Criminal Code of 2012 (Code) ( 720 ILCS 5/12-9(a) (West 2012) ). Defendant appeals his conviction, challenging (1) whether the statute is constitutional, (2) the sufficiency…”
People v. Smith (2019)
“” 720 ILCS 5/12-9(a) (West 2014). ¶ 48 Section 12-9(a) requires a defendant to place the victim or immediate family in reasonable apprehension of damage to property or immediate or future bodily harm.”
People v. Hibbler (2019)
“*541 ¶ 1 In September 2015, defendant, Terrell Lasean Hibbler, pleaded guilty to threatening a public official ( 720 ILCS 5/12-9(a) (West 2014)) in exchange for a sentence of 30 months' probation.”
People v. Hibbler (2019)
“OPINION ¶1 In September 2015, defendant, Terrell Lasean Hibbler, pleaded guilty to threatening a public official (720 ILCS 5/12-9(a) (West 2014)) in exchange for a sentence of 30 months’ probation.”
People v. Greenfield (2021)
— 720 ILCS 5/12-9(a)(1) — 10 cases
People v. Smith (2019)
“” 720 ILCS 5/12-9(a) (West 2014). ¶ 48 Section 12-9(a) requires a defendant to place the victim or immediate family in reasonable apprehension of damage to property or immediate or future bodily harm.”
People v. Dye (2015)
“Dye, guilty of threatening a public official (720 ILCS 5/12-9 (West 2012)). The court sentenced him to imprisonment for three years.”
People v. Wood (2017)
“" ¶ 23 In addition to there not being a threat that would permit the criminalization of the speech, the State did not introduce any evidence that defendant knew that the purportedly threatening statements he made about the judge would be conveyed to judge.”
People v. Goodwin (2019)
“¶ 34 Section 12-9 of the Criminal Code of 2012 (Code) (720 ILCS 5/12-9 (West 2014)) provides, in relevant part: “(a) A person commits threatening a public official or human service provider when: (1) that person knowingly delivers or conveys, directly or indirectly, to a public…”
People v. Garcia (2015)
“OPINION ¶1 Following a jury trial in the circuit court of Kane County, defendant, Christopher Garcia, was found guilty of threatening a public official (720 ILCS 5/12-9 (West 2012)) and was sentenced to a 54-month prison term.”
— 720 ILCS 5/12-9(a)(1)(i) — 18 cases
People v. VanHoose (2020)
“¶ 14 On September 23, 2016, the defendant was charged by indictment with the offense of threatening a public official, in violation of section 12-9(a)(1)(i) of the Criminal Code of 2012 (720 ILCS 5/12-9(a)(1)(i) (West 2016)), a Class 3 felony.”
People v. Gregory (2016)
“OPINION ¶1 Defendant, Scott Gregory, appeals his convictions of one count of threatening a public official (720 ILCS 5/12-9(a)(1)(i) (West 2010)) and three counts of cyberstalking (720 ILCS 5/12-7.”
People v. Bona (2018)
“Bona, was convicted of two counts of threatening a public official, in violation of section 12-9 of the Criminal Code of 2012 (Code) ( 720 ILCS 5/12-9(a) (West 2012) ). Defendant appeals his conviction, challenging (1) whether the statute is constitutional, (2) the sufficiency…”
People v. Wood (2017)
“" ¶ 23 In addition to there not being a threat that would permit the criminalization of the speech, the State did not introduce any evidence that defendant knew that the purportedly threatening statements he made about the judge would be conveyed to judge.”
People v. Hale (2012)
“BACKGROUND ¶4 In July 2009, the State charged defendant by information with four counts of aggravated battery (counts I, II, III, and V) (720 ILCS 5/12-4(b)(18) (West 2008)) and one count of threatening a public official (count IV) (720 ILCS 5/12-9 (West 2008)). Count IV alleged…”
— 720 ILCS 5/12-9(a)(1)(ii) — 1 case
People v. Williams (2024)
— 720 ILCS 5/12-9(b)(1) — 9 cases
Vicars-Duncan v. Tactikos (2014)
People v. Dorris (2001)
Vicars-Duncan v. Tactikos (2014)
People v. Goodwin (2017)
People v. Goodwin (2017)
— 720 ILCS 5/12-9(c) — 4 cases
People v. Hibbler (2019)
“*541 ¶ 1 In September 2015, defendant, Terrell Lasean Hibbler, pleaded guilty to threatening a public official ( 720 ILCS 5/12-9(a) (West 2014)) in exchange for a sentence of 30 months' probation.”
People v. Hibbler (2019)
“OPINION ¶1 In September 2015, defendant, Terrell Lasean Hibbler, pleaded guilty to threatening a public official (720 ILCS 5/12-9(a) (West 2014)) in exchange for a sentence of 30 months’ probation.”
People v. Hibbler (2019)
People v. Lawson (2023)
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