ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/24-1.2 (2026)

Aggravated discharge of a firearm

✓ current as of May 2026
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(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
    Sec. 24-1.2. Aggravated discharge of a firearm.
    (a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally:
        (1) Discharges a firearm at or into a building he or
    
she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;
        (2) Discharges a firearm in the direction of another
    
person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;
        (3) Discharges a firearm in the direction of a person
    
he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;
        (4) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
        (5) Discharges a firearm in the direction of a person
    
he or she knows to be emergency medical services personnel who is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
        (6) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by emergency medical services personnel while the emergency medical services personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
        (7) Discharges a firearm in the direction of a person
    
he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
        (8) Discharges a firearm in the direction of a person
    
he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or
        (9) Discharges a firearm in the direction of a
    
vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.
    (b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony. A violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.
    (c) For purposes of this Section:
    "Emergency medical services personnel" has the meaning specified in Section 3.5 of the Emergency Medical Services (EMS) Systems Act and shall include all ambulance crew members, including drivers or pilots.
    "School" means a public or private elementary or secondary school, community college, college, or university.
    "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
(Source: P.A. 99-816, eff. 8-15-16.)

    
Notes of Decisions
Cited in 341 cases (152 in the last 5 years), 1995–2026 · leading case: People v. Hartfield, 2022 IL 126729 (Ill. 2022).
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People v. Hartfield, 2022 IL 126729 (Ill. 2022). · cites it 5× “See 720 ILCS 5/24-1.2(a)(1), (2) (West 2016).”
People v. Hartfield, 2020 IL App (4th) 170787 (Ill. App. Ct. 2020). · cites it 12× “¶7 Sixth, defendant contends that his four convictions of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(3) (West 2016)) violate the one-act, one-crime doctrine.”
People v. Moss, 795 N.E.2d 208 (Ill. 2003). · cites it 4× “) Similarly, the circuit court found that the 20-year addition mandated when a firearm is personally discharged produced a penalty that was disproportionate to the punishment for aggravated discharge of a firearm (720 ILCS 5/24-1.2 (West 2000)). *220 The court quoted from this…”
People v. Hardin, 2012 IL App (1st) 100682 (Ill. App. Ct. 2012). · cites it 8× “However, as in Pryor, the statutes at issue in Leach defined the criminal act as being directed at a person -9- (720 ILCS 5/9-2 (West 2008) (a person commits second degree murder where he or she kills an individual and the requisite mitigating factors are present); 720 ILCS…”
In re M.I., 2013 IL 113776 (Ill. 2013). · cites it 3× “The petition charged respondent, 16 years old, with three counts of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(2), (3) (West 2008)), one count of reckless discharge of a firearm (720 ILCS 5/24-1.”
Fernando Lopez v. Sheriff of Cook Cnty., 993 F.3d 981 (7th Cir. 2021). · cites it 2× “See 720 ILCS 5/24-1.2(a)(2) (defining and criminalizing the aggra- vated discharge of a firearm).”
People v. Leach, 952 N.E.2d 647 (Ill. App. Ct. 2011). · cites it 3× “See 720 ILCS 5/24-1.2 (West 2008). ¶ 23 Although it is true that the offense of reckless discharge of a firearm that was at issue in Collins refers to "an individual" (720 ILCS 5/24-1.”
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). “The jury found defendant guilty of first degree murder (720 ILCS 5/9-1(a)(1) (West 2002)), aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(2) (West 2002)), and unlawful use of a weapon by a felon (720 ILCS 5/24-1.”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). · cites it 2× “Nixon, was convicted of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(1) (West 2012)) and being an armed habitual criminal (720 ILCS 5/24-1.”
People v. Sauseda, 2016 IL App (1st) 140134 (Ill. App. Ct. 2016). “See 720 ILCS 5/24-1.2(a)(2) (West 2008); 730 ILCS 5/5-8-1(a)(4) (West 2008); Pub.”
People v. Kasp, 815 N.E.2d 809 (Ill. App. Ct. 2004). · cites it 3× “720 ILCS 5/24-1.2, 24-1.5 (West 2002). The aggravated discharge of a firearm statute states: "(a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally: (1) Discharges a firearm at or into a building he or she knows or reasonably should…”
People v. Meyers, 2018 IL App (1st) 140891 (Ill. App. Ct. 2019). · cites it 10× “¶3 In connection with defendant’s alleged discharge of a firearm at Officers Iza and Debose, he was separately charged with four counts of attempted first degree murder (counts I through IV) (720 ILCS 5/8-4(a), 9-1(a) (West 2008)) and two counts of aggravated discharge of a…”
Show all 341 citing cases →
— 720 ILCS 5/24-1.2(2) — 2 cases
People v. Rios, 2013 IL App (1st) 121072 (Ill. App. Ct. 2013).
People v. Rios, 2013 IL App (1st) 121072 (Ill. App. Ct. 2013).
— 720 ILCS 5/24-1.2(A)(2) — 1 case
People v. Dawson (Ill. App. Ct. 2010).
— 720 ILCS 5/24-1.2(a) — 13 cases
United States v. Jacob Mikulski, 35 F.4th 1074 (7th Cir. 2022).
United States v. Arthur Robinson, 29 F.4th 370 (7th Cir. 2022).
Antoine Hill v. United States, 827 F.3d 560 (7th Cir. 2016).
People v. O'Neal, 2016 IL App (1st) 132284 (Ill. App. Ct. 2016).
People v. Fowler, 2022 IL App (1st) 200741-U (Ill. App. Ct. 2022).
— 720 ILCS 5/24-1.2(a)(1) — 45 cases
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “See 720 ILCS 5/24-1.2(a)(1), (2) (West 2016).”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). “Nixon, was convicted of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(1) (West 2012)) and being an armed habitual criminal (720 ILCS 5/24-1.”
People v. Rodriguez, 2014 IL App (2d) 130148 (Ill. App. Ct. 2014).
People v. Willis, 2014 IL App (4th) 130118 (Ill. App. Ct. 2014).
Miguel Quezada-Luna v. Alberto R. Gonzales, Attorney Gen. of the United States, 439 F.3d 403 (7th Cir. 2006).
— 720 ILCS 5/24-1.2(a)(2) — 235 cases
People v. Moss, 795 N.E.2d 208 (Ill. 2003). “) Similarly, the circuit court found that the 20-year addition mandated when a firearm is personally discharged produced a penalty that was disproportionate to the punishment for aggravated discharge of a firearm (720 ILCS 5/24-1.2 (West 2000)). *220 The court quoted from this…”
Fernando Lopez v. Sheriff of Cook Cnty., 993 F.3d 981 (7th Cir. 2021). “See 720 ILCS 5/24-1.2(a)(2) (defining and criminalizing the aggra- vated discharge of a firearm).”
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). “The jury found defendant guilty of first degree murder (720 ILCS 5/9-1(a)(1) (West 2002)), aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(2) (West 2002)), and unlawful use of a weapon by a felon (720 ILCS 5/24-1.”
People v. Sauseda, 2016 IL App (1st) 140134 (Ill. App. Ct. 2016). “See 720 ILCS 5/24-1.2(a)(2) (West 2008); 730 ILCS 5/5-8-1(a)(4) (West 2008); Pub.”
People v. Thompson, 2020 IL App (1st) 171265 (Ill. App. Ct. 2020).
— 720 ILCS 5/24-1.2(a)(3) — 36 cases
People v. Hartfield, 2020 IL App (4th) 170787 (Ill. App. Ct. 2020). “¶7 Sixth, defendant contends that his four convictions of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(3) (West 2016)) violate the one-act, one-crime doctrine.”
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “See 720 ILCS 5/24-1.2(a)(1), (2) (West 2016).”
People v. Meyers, 2018 IL App (1st) 140891 (Ill. App. Ct. 2019). “¶3 In connection with defendant’s alleged discharge of a firearm at Officers Iza and Debose, he was separately charged with four counts of attempted first degree murder (counts I through IV) (720 ILCS 5/8-4(a), 9-1(a) (West 2008)) and two counts of aggravated discharge of a…”
In re M.I., 2013 IL 113776 (Ill. 2013). “The petition charged respondent, 16 years old, with three counts of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(2), (3) (West 2008)), one count of reckless discharge of a firearm (720 ILCS 5/24-1.”
People v. Meyers, 2018 IL App (1st) 140891 (Ill. App. Ct. 2018).
— 720 ILCS 5/24-1.2(a)(4) — 9 cases
People v. Hardin, 2012 IL App (1st) 100682 (Ill. App. Ct. 2012). “However, as in Pryor, the statutes at issue in Leach defined the criminal act as being directed at a person -9- (720 ILCS 5/9-2 (West 2008) (a person commits second degree murder where he or she kills an individual and the requisite mitigating factors are present); 720 ILCS…”
People v. Hartfield, 2020 IL App (4th) 170787 (Ill. App. Ct. 2020). “¶7 Sixth, defendant contends that his four convictions of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(3) (West 2016)) violate the one-act, one-crime doctrine.”
People v. Avelar, 2017 IL App (4th) 150442 (Ill. App. Ct. 2017).
People v. Avelar, 2017 IL App (4th) 150442 (Ill. App. Ct. 2017).
People v. Hartfield, 2020 IL App (4th) 170787 (Ill. App. Ct. 2020).
— 720 ILCS 5/24-1.2(a)(l) — 2 cases
People v. Nino, 665 N.E.2d 847 (Ill. App. Ct. 1996).
United States v. Calderon-Asevedo, 290 F. App'x 923 (7th Cir. 2008).
— 720 ILCS 5/24-1.2(b) — 18 cases
In re M.I., 2013 IL 113776 (Ill. 2013). “The petition charged respondent, 16 years old, with three counts of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(2), (3) (West 2008)), one count of reckless discharge of a firearm (720 ILCS 5/24-1.”
People v. Villa, 2011 IL 110777 (Ill. 2011).
People v. Hardin, 2012 IL App (1st) 100682 (Ill. App. Ct. 2012). “However, as in Pryor, the statutes at issue in Leach defined the criminal act as being directed at a person -9- (720 ILCS 5/9-2 (West 2008) (a person commits second degree murder where he or she kills an individual and the requisite mitigating factors are present); 720 ILCS…”
People v. Fickes, 2017 IL App (5th) 140300 (Ill. App. Ct. 2017).
People v. Villa, 959 N.E.2d 634 (Ill. 2011).
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