ILCS » Chapter 730 · Act 150

730 ILCS 150/10

Penalty

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(730 ILCS 150/10) (from Ch. 38, par. 230)
    (Text of Section before amendment by P.A. 104-131)
    Sec. 10. Penalty.
    (a) Any person who is required to register under this Article who violates any of the provisions of this Article and any person who is required to register under this Article who seeks to change his or her name under Article XXI of the Code of Civil Procedure is guilty of a Class 3 felony, unless, as provided under Section 21-101 of the Code of Civil Procedure, that person verifies under oath that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. Any person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony, unless, as provided under Section 21-101 of the Code of Civil Procedure, that person verifies under oath that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. Any person who is required to register under this Article who knowingly or willfully gives material information required by this Article that is false is guilty of a Class 3 felony. Any person convicted of a violation of any provision of this Article shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail. The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Article. These fines shall be deposited in the Offender Registration Fund. Any sex offender, as defined in Section 2 of this Act, or sexual predator who violates any provision of this Article may be arrested and tried in any Illinois county where the sex offender can be located. The local police department or sheriff's office is not required to determine whether the person is living within its jurisdiction.
    (b) Any person, not covered by privilege under Part 8 of Article VIII of the Code of Civil Procedure or the Illinois Supreme Court's Rules of Professional Conduct, who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this Article and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this Article is guilty of a Class 3 felony if he or she:
        (1) provides false information to the law enforcement
    
agency having jurisdiction about the sexual predator's noncompliance with the requirements of this Article, and, if known, the whereabouts of the sexual predator;
        (2) harbors, or attempts to harbor, or assists
    
another person in harboring or attempting to harbor, the sexual predator; or
        (3) conceals or attempts to conceal, or assists
    
another person in concealing or attempting to conceal, the sexual predator.
    (c) Subsection (b) does not apply if the sexual predator is incarcerated in or is in the custody of a State correctional facility, a private correctional facility, a county or municipal jail, a State mental health facility or a State treatment and detention facility, or a federal correctional facility.
    (d) Subsections (a) and (b) do not apply if the sex offender accurately registered his or her Internet protocol address under this Act, and the address subsequently changed without his or her knowledge or intent.
(Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24.)
 
    (Text of Section after amendment by P.A. 104-131)
    Sec. 10. Penalty.
    (a) Any person who is required to register under this Article who violates any of the provisions of this Article and any person who is required to register under this Article who seeks to change his or her name under Article XXI of the Code of Civil Procedure is guilty of a Class 3 felony, unless, as provided under Section 21-101 of the Code of Civil Procedure, that person verifies under oath that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. Any person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony, unless, as provided under Section 21-101 of the Code of Civil Procedure, that person verifies under oath that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. Any person who is required to register under this Article who knowingly or willfully gives material information required by this Article that is false is guilty of a Class 3 felony. Any person convicted of a violation of any provision of this Article shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail. The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Article. These fines shall be deposited in the State Police Operations Assistance Fund. Any sex offender, as defined in Section 2 of this Act, or sexual predator who violates any provision of this Article may be arrested and tried in any Illinois county where the sex offender can be located. The local police department or sheriff's office is not required to determine whether the person is living within its jurisdiction.
    (b) Any person, not covered by privilege under Part 8 of Article VIII of the Code of Civil Procedure or the Illinois Supreme Court's Rules of Professional Conduct, who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this Article and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this Article is guilty of a Class 3 felony if he or she:
        (1) provides false information to the law enforcement
    
agency having jurisdiction about the sexual predator's noncompliance with the requirements of this Article, and, if known, the whereabouts of the sexual predator;
        (2) harbors, or attempts to harbor, or assists
    
another person in harboring or attempting to harbor, the sexual predator; or
        (3) conceals or attempts to conceal, or assists
    
another person in concealing or attempting to conceal, the sexual predator.
    (c) Subsection (b) does not apply if the sexual predator is incarcerated in or is in the custody of a State correctional facility, a private correctional facility, a county or municipal jail, a State mental health facility or a State treatment and detention facility, or a federal correctional facility.
    (d) Subsections (a) and (b) do not apply if the sex offender accurately registered his or her Internet protocol address under this Act, and the address subsequently changed without his or her knowledge or intent.
(Source: P.A. 104-131, eff. 9-1-26.)

    
Notes of Decisions
Cited in 57 cases (5 in the last 5 years), 1998–2026 · leading case: People v. Malchow
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People v. Malchow (2000) ill · cites it 8× “BACKGROUND On December 17, 1997, the State indicted defendant, Carl Malchow, with one count of failure to register as a sex offender (730 ILCS 150/10 (West 1998)). The State alleged that defendant was required to register as a sex offender because of his 1988 conviction of…”
People v. Molnar (2006) ill · cites it 8× “” 730 ILCS 150/10 (West 2002). As noted, the circuit court found the Registration Act and the Code unconstitutional facially and as applied under the Illinois and the federal due process clauses (Ill.”
In re A.C. (2016) illappct · cites it 3× “730 ILCS 150/10 (West 2014). ¶21 Under the Notification Law, section 120 provides for liberal disclosure by law enforcement of a registrant's name, address, date of birth, place of employment, school, e-mail addresses, internet identities, and offense information to local…”
People v. Logan (1998) illappct · cites it 5× “730 ILCS 150/10 (West Supp. 1997). 3. Community Notification Under section 120 of the Notification Law, the sheriff of the county in which the registrant resides is required to disclose to certain institutions the registrant’s name, address, date of birth, and.”
People v. Avila-Briones (2015) illappct · cites it 3× “If defendant fails to comply with any of these requirements, he may be convicted of a Class 3 felony (730 ILCS 150/10(a) (West 2012)), carrying a sentence of up to five years' incarceration.”
People v. Malchow (1999) illappct · cites it 6× “In Logan, we recognized that section 10 of the Registration Act was amended, effective June 1, 1996, to provide that any person who violates the Registration Act is guilty of a Class 4 felony (see 730 ILCS 150/10 (West 1996)) and that prior to this amendment a violation of the…”
People v. Pollard (2016) illappct · cites it 2× “730 ILCS 150/10 (West 1998); 730 ILCS 150/10 (West 2014).”
People v. Cornelius (2004) ill “730 ILCS 150/10 (West 2002). An offender who is subject to Registration Law is, in turn, also subject to the provisions of the Notification Law.”
People v. Carmony (2005) calctapp “Cent.Code, § 12.1-32-15(9); S.C.Code, §§ 23-3-470(B)(1)[third violation is a felony], 17-25-45; S.”
People v. Minnis (2016) ill “” 730 ILCS 150/10 (West 2014). ¶ 27 A sex offender who is subject to the Registration Act “is, in turn, also subject to the provisions of the Notification Law.”
Derfus v. City of Chicago (2014) ilnd · cites it 2× “730 ILCS 150/10(a). Defendants make light of this point, claiming that individuals who violate SORA “may ” ‘be required to serve a minimum period of 7 days confinement in the local county jail.”
People v. Brock (2016) illappct “” 730 ILCS 150/10(a) (West 2012). The defendant was eligible to be sentenced as a Class 2 offender because he was previously convicted of failure to register under case number 04 CR 2354101, making the instant conviction a subsequent violation of the Act.”
Show all 57 citing cases →
— 730 ILCS 150/10(a) — 24 cases
People v. Avila-Briones (2015) illappct “If defendant fails to comply with any of these requirements, he may be convicted of a Class 3 felony (730 ILCS 150/10(a) (West 2012)), carrying a sentence of up to five years' incarceration.”
People v. Pollard (2016) illappct “730 ILCS 150/10 (West 1998); 730 ILCS 150/10 (West 2014).”
Derfus v. City of Chicago (2014) ilnd “730 ILCS 150/10(a). Defendants make light of this point, claiming that individuals who violate SORA “may ” ‘be required to serve a minimum period of 7 days confinement in the local county jail.”
People v. Brock (2016) illappct “” 730 ILCS 150/10(a) (West 2012). The defendant was eligible to be sentenced as a Class 2 offender because he was previously convicted of failure to register under case number 04 CR 2354101, making the instant conviction a subsequent violation of the Act.”
People v. Manskey (2016) illappct
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