720 ILCS 5/12-3.2
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (from Ch. 38, par. 12-3.2)Sec. 12-3.2. Domestic battery.(a) A person commits domestic battery if he or she knowingly  without legal justification by any means:(1) causes bodily harm to any family or household     member;(2) makes physical contact of an insulting or     provoking nature with any family or household member.(b) Sentence.  Domestic battery is a Class A misdemeanor.  Domestic battery is a Class 4 felony if the defendant has any  prior  conviction under this Code for violation  of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the  law of another jurisdiction for an offense which is substantially similar.  Domestic battery is a Class 4 felony  if the  defendant has any prior conviction under this Code for first degree murder  (Section 9-1), attempt to  commit first degree murder (Section 8-4), aggravated domestic battery (Section  12-3.3), aggravated battery  (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a  firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3),  aggravated battery of  an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen  (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section  12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual  assault  (Section 11-1.30 or 12-14),  kidnapping (Section 10-1), aggravated kidnapping (Section 10-2),  predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated  criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3),  aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section  20-1.1), or aggravated discharge of a firearm  (Section 24-1.2), or any prior conviction under the law of another  jurisdiction for any offense that is substantially similar to the offenses  listed in this Section, when any of these  offenses have been committed  against a  family or household member. Domestic battery is a Class 4 felony if the defendant has one  or 2 prior  convictions under this Code for domestic battery (Section 12-3.2), or one or 2 prior convictions under the law of another jurisdiction for any offense which is substantially similar.  Domestic battery is a Class 3 felony if the defendant had 3 prior convictions under this Code for domestic battery (Section 12-3.2), or 3 prior convictions under the law of another jurisdiction for any offense which is substantially similar.  Domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under this Code for domestic battery (Section 12-3.2), or 4 or more prior convictions under the law of another jurisdiction for any offense which is substantially similar. In addition to any other  sentencing alternatives, for any second or subsequent conviction of violating this  Section, the  offender shall be mandatorily sentenced to a minimum of 72    consecutive hours of  imprisonment.  The imprisonment shall not be subject to suspension, nor shall  the person be eligible for probation in order to reduce the sentence.(c) Domestic battery committed in the presence of a child.  In addition to  any other sentencing alternatives, a defendant who commits, in the presence of  a child, a felony domestic battery (enhanced under subsection  (b)), aggravated domestic battery (Section 12-3.3),  aggravated battery (Section 12-3.05 or 12-4), unlawful restraint (Section  10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or  household member shall be required to serve a mandatory minimum imprisonment  of 10 days or perform 300 hours of community service, or both.  The defendant  shall further be liable for the cost of any counseling required for the child  at the discretion of the court in accordance  with subsection (b) of Section 5-5-6 of the Unified Code of Corrections.  For purposes of this Section, "child" means a person under 18    years of age  who is the defendant's or victim's child or step-child or who is a minor child  residing  within or visiting the household of the defendant or victim.(d)  Upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows:  "An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of  the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))."  A notation shall be made in the court file that the admonition was given. (Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14; 98-994, eff. 1-1-15.)