Illinois Compiled Statutes

720 ILCS 646/35 (2026)

Use of property

✓ current as of May 2026
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(720 ILCS 646/35)
    Sec. 35. Use of property.
    (a) It is unlawful for a person knowingly to use or allow the use of a vehicle, a structure, real property, or personal property within the person's control to help bring about a violation of this Act.
    (b) A person who violates subsection (a) of this Section is guilty of a Class 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2010–2025 · leading case: People v. Schmidt, 938 N.E.2d 559 (Ill. App. Ct. 2010).
People v. Schmidt, 938 N.E.2d 559 (Ill. App. Ct. 2010). · cites it 3× “In this direct appeal, defendant claims that his conviction for unlawful use of property cannot stand as section 35 of the Methamphetamine Control and Community Protection Act (the Act) (720 ILCS 646/35 (West 2008)) is: (1) unconstitutional as it bears no reasonable relationship…”
People v. Shamhart, 2016 IL App (5th) 130589 (Ill. App. Ct. 2016). “A few weeks later, the State added two counts of aggravated participation in methamphetamine manufacturing (720 ILCS 646/15(b)(1) (West 2012)) and one count of use of property (720 ILCS 646/35 (West 2012)). ¶5 The defendant's trial attorney, Ken Gano, filed a motion to quash the…”
People v. Schmidt (Ill. App. Ct. 2010). · cites it 3× “In this direct appeal, defendant claims that his conviction for unlawful use of property cannot stand as section 35 of the Methamphetamine Control and Community Protection Act (the Act) (720 ILCS 646/35 (West 2008)) is: (1) unconstitutional as it bears no reasonable relationship…”
People v. Drum, 2021 IL App (4th) 180798-U (Ill. App. Ct. 2021). “17-CF-71), the State charged defendant with one count of participation in methamphetamine manufacturing (720 ILCS 646/15(a)(1) (West 2016)), and one count of unlawful use of property for methamphetamine manufacturing (720 ILCS 646/35 (West 2016)). In Coles County case No.”
People v. Vogt, 2025 IL App (5th) 240342-U (Ill. App. Ct. 2025). “In March 2023, the defendant entered an open plea of guilty to the Class 2 felony offense of unlawful use of property (720 ILCS 646/35 (West 2022)) in case number 2022-CF-101, and to the Class 3 felony offense of aggravated battery (720 ILCS 5/12- 3.”
— 720 ILCS 646/35(a) — 2 cases
People v. Schmidt, 938 N.E.2d 559 (Ill. App. Ct. 2010). “In this direct appeal, defendant claims that his conviction for unlawful use of property cannot stand as section 35 of the Methamphetamine Control and Community Protection Act (the Act) (720 ILCS 646/35 (West 2008)) is: (1) unconstitutional as it bears no reasonable relationship…”
People v. Schmidt (Ill. App. Ct. 2010). “In this direct appeal, defendant claims that his conviction for unlawful use of property cannot stand as section 35 of the Methamphetamine Control and Community Protection Act (the Act) (720 ILCS 646/35 (West 2008)) is: (1) unconstitutional as it bears no reasonable relationship…”
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