720 ILCS 5/33-3
Official misconduct
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(720 ILCS 5/33-3)
(from Ch. 38, par. 33-3)
Sec. 33-3. Official
misconduct. (a) A public officer or employee or special government agent commits misconduct
when, in his official capacity or capacity as a special government agent, he or she commits any of the following acts:
(1) Intentionally or recklessly fails to perform any | mandatory duty as required by law; or |
(2) Knowingly performs an act which he knows he is | forbidden by law to perform; or |
(3) With intent to obtain a personal advantage for | himself or another, he performs an act in excess of his lawful authority; or |
(4) Solicits or knowingly accepts for the performance | of any act a fee or reward which he knows is not authorized by law. |
(b) An employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, with the intent to obstruct, impede, or prevent the investigation, apprehension, or prosecution of any criminal offense or person. Nothing in this subsection (b) shall be construed to impose liability for communicating to a confidential resource, who is participating or aiding law enforcement, in an ongoing investigation. (c) A public officer or employee or special government agent
convicted of violating any provision of
this Section forfeits his or her office or employment or position as a special government agent. In addition, he or she commits a
Class
3 felony. (d) For purposes of this Section: "Special government agent" has the meaning ascribed | to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act. |
(Source: P.A. 101-652, eff. 7-1-21.)
Notes of Decisions
Cited in 53
cases (11 in the last 5 years), 1995–2026 · leading case: People v. Williams
People v. Williams (2009)
“On appeal, Williams presents four issues for our review: (1) whether a person must violate a law in order to be guilty of official misconduct (720 ILCS 5/33-3 (b) (West 1998)); (2) whether the State proved her guilty of official misconduct beyond a reasonable doubt; (3) whether…”
People v. Grever (2004)
“720 ILCS 5/33-3 (West 1998). Generally, the prosecution of a felony offense must be commenced within three years after the commission of the offense.”
United States v. Jerome Genova, Lawrence Gulotta, and Jerome Stack (2003)
“Ge-nova filed statements that did not disclose the money he received from Gulotta & Kawanna; this omission, according to the indictment, violated 720 ILCS 5/33-3, a statute covering several varieties of official misconduct.”
Empress Casino Joliet Corpora v. Balmoral Racing Club, Incorpor (2016)
“§ 1961 (1)(A); 720 ILCS 5/33-3(a)(4). “Honest services” wire fraud is also a RICO predicate.”
People v. Kotero (2012)
“720 ILCS 5/33-3 (West 2006). Theft of government property valued at more than $300 and less than $10,000 was classified as a Class 2 felony.”
People v. Klingenberg (1996)
“Chief Justice BILANDIC delivered the opinion of the court: The defendant, Allen Klingenberg, was charged by indictment in the circuit court of Lake County with two counts of official misconduct (720 ILCS 5/33-3 (West 1992)) and one count of theft over $300 (720 ILCS…”
LaFlamboy v. Landek (2008)
“2003) (720 ILCS 5/33-3(d) "defines a species of bribery" and thus violations constitute predicate acts for RICO purposes; violations of 720 ILCS 5/33-3(c), however, do not). 18 .”
People v. Brown (2013)
“Defendant was additionally charged with three counts of official misconduct (720 ILCS 5/33-3(b) (West 2006)) predicated on the attempted theft and forgery charges (counts IV, V, and VI), and one count of official misconduct in that, by making the check, she violated a Chicago…”
East St. Louis Federation of Teachers, Local 1220 v. East St. Louis School District No. 189 Financial Oversight Panel (1997)
“720 ILCS 5/33-3 (West 1994). In this case, the state has also required that school board members obey valid orders of a Panel.”
People v. Wilkinson (1996)
“The indictment at issue charges the appellees violated section 33-3(c) of the Criminal Code of 1961, which states: "[a] public officer or employee commits misconduct when, in his official capacity, he commits any of the following acts: * * * * * * (c) [w]ith intent to obtain a…”
People v. Klimek (2023)
“Following a jury trial, where the State proceeded on 34 2023 IL App (2d) 220372 counts, defendant was convicted of 6 counts of official misconduct in violation of section 33- 3(a)(1) and (a)(2) of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/33-3(a)(1), (2) (West 2016))…”
People v. Brown (2014)
“Defendant was additionally charged with three counts of official misconduct (720 ILCS 5/33-3(b) (West 2006)) predicated on the attempted theft and forgery charges (counts IV, V, and VI), and one count of official misconduct in that, by making the check, she violated a Chicago…”
— 720 ILCS 5/33-3(a) — 4 cases
People v. Grever (2004)
“720 ILCS 5/33-3 (West 1998). Generally, the prosecution of a felony offense must be commenced within three years after the commission of the offense.”
People v. Becker (2000)
People v. Dorrough (2011)
Goings v. Baldwin (2020)
— 720 ILCS 5/33-3(a)(1) — 3 cases
People v. Klimek (2023)
“Following a jury trial, where the State proceeded on 34 2023 IL App (2d) 220372 counts, defendant was convicted of 6 counts of official misconduct in violation of section 33- 3(a)(1) and (a)(2) of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/33-3(a)(1), (2) (West 2016))…”
People v. Trutenko (2024)
— 720 ILCS 5/33-3(a)(2) — 6 cases
People v. Nordike (2021)
People v. Rosario (2021)
People v. McGhee (2023)
People v. Burge (2023)
People v. Wheatley (2021)
— 720 ILCS 5/33-3(a)(3) — 1 case
People v. Sandage (2025)
— 720 ILCS 5/33-3(a)(4) — 1 case
Empress Casino Joliet Corpora v. Balmoral Racing Club, Incorpor (2016)
“§ 1961 (1)(A); 720 ILCS 5/33-3(a)(4). “Honest services” wire fraud is also a RICO predicate.”
— 720 ILCS 5/33-3(b) — 23 cases
People v. Williams (2009)
“On appeal, Williams presents four issues for our review: (1) whether a person must violate a law in order to be guilty of official misconduct (720 ILCS 5/33-3 (b) (West 1998)); (2) whether the State proved her guilty of official misconduct beyond a reasonable doubt; (3) whether…”
People v. Kotero (2012)
“720 ILCS 5/33-3 (West 2006). Theft of government property valued at more than $300 and less than $10,000 was classified as a Class 2 felony.”
People v. Brown (2013)
“Defendant was additionally charged with three counts of official misconduct (720 ILCS 5/33-3(b) (West 2006)) predicated on the attempted theft and forgery charges (counts IV, V, and VI), and one count of official misconduct in that, by making the check, she violated a Chicago…”
People v. Brown (2014)
“Defendant was additionally charged with three counts of official misconduct (720 ILCS 5/33-3(b) (West 2006)) predicated on the attempted theft and forgery charges (counts IV, V, and VI), and one count of official misconduct in that, by making the check, she violated a Chicago…”
People v. Klingenberg (1996)
“Chief Justice BILANDIC delivered the opinion of the court: The defendant, Allen Klingenberg, was charged by indictment in the circuit court of Lake County with two counts of official misconduct (720 ILCS 5/33-3 (West 1992)) and one count of theft over $300 (720 ILCS…”
— 720 ILCS 5/33-3(c) — 5 cases
People v. Grever (2004)
“720 ILCS 5/33-3 (West 1998). Generally, the prosecution of a felony offense must be commenced within three years after the commission of the offense.”
People v. Wilkinson (1996)
“The indictment at issue charges the appellees violated section 33-3(c) of the Criminal Code of 1961, which states: "[a] public officer or employee commits misconduct when, in his official capacity, he commits any of the following acts: * * * * * * (c) [w]ith intent to obtain a…”
LaFlamboy v. Landek (2008)
“2003) (720 ILCS 5/33-3(d) "defines a species of bribery" and thus violations constitute predicate acts for RICO purposes; violations of 720 ILCS 5/33-3(c), however, do not). 18 .”
United States v. Genova (2002)
People v. Rosario (2021)
— 720 ILCS 5/33-3(d) — 3 cases
LaFlamboy v. Landek (2008)
“2003) (720 ILCS 5/33-3(d) "defines a species of bribery" and thus violations constitute predicate acts for RICO purposes; violations of 720 ILCS 5/33-3(c), however, do not). 18 .”
United States v. Genova (2002)
People v. Dorrough (2011)
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