720 ILCS 5/31-1
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (from Ch. 38, par. 31-1)(Text of Section before amendment by P.A. 101-652)Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional  institution employee.(a) A person who knowingly resists or obstructs the performance by one known  to the person to be a peace officer, firefighter, or correctional institution employee of any  authorized act within his or her official capacity commits a Class A misdemeanor.(a-5) In addition to any other sentence that may be imposed, a court  shall  order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional  institution employee to be  sentenced to a minimum of 48 consecutive hours of imprisonment or  ordered to perform community service for not less than 100 hours as  may be determined by the court. The person shall not be eligible for probation  in order to reduce the sentence of imprisonment or community service.(a-7) A person convicted for a violation of this Section whose violation was  the proximate cause of an injury to a peace officer, firefighter, or correctional  institution employee is guilty of a Class 4  felony.(b) For purposes of this Section, "correctional institution employee"  means  any person employed to supervise and control inmates incarcerated in a  penitentiary, State farm, reformatory, prison, jail, house of correction,  police detention area, half-way house, or other institution or place for the  incarceration or custody of persons under sentence for offenses or awaiting  trial or sentence for offenses, under arrest for an offense, a violation of  probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised  release, or awaiting a bail setting hearing or preliminary hearing, or who  are  sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly  constituted fire department of a municipality or fire protection district who  performs fire fighting duties, including, but not limited to,  the fire chief, assistant fire  chief, captain, engineer, driver, ladder person, hose person, pipe person, and any  other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter    by returning to or remaining in a dwelling, residence, building,  or other structure to rescue or to attempt to rescue any person. (Source: P.A. 98-558, eff. 1-1-14; 102-28, eff. 6-25-21.)(Text of Section after amendment by P.A. 101-652)Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional  institution employee.(a) A person who knowingly:(1) resists arrest, or(2) obstructs the performance by one known to the     person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity commits a Class A misdemeanor.(a-5) In addition to any other sentence that may be imposed, a court  shall  order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional  institution employee to be  sentenced to a minimum of 48 consecutive hours of imprisonment or  ordered to perform community service for not less than 100 hours as  may be determined by the court. The person shall not be eligible for probation  in order to reduce the sentence of imprisonment or community service.(a-7) A person convicted for a violation of this Section whose violation was  the proximate cause of an injury to a peace officer, firefighter, or correctional  institution employee is guilty of a Class 4  felony.(b) For purposes of this Section, "correctional institution employee"  means  any person employed to supervise and control inmates incarcerated in a  penitentiary, State farm, reformatory, prison, jail, house of correction,  police detention area, half-way house, or other institution or place for the  incarceration or custody of persons under sentence for offenses or awaiting  trial or sentence for offenses, under arrest for an offense, a violation of  probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised  release, or awaiting a hearing or preliminary hearing on setting the conditions of pretrial release, or who  are  sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly  constituted fire department of a municipality or fire protection district who  performs fire fighting duties, including, but not limited to,  the fire chief, assistant fire  chief, captain, engineer, driver, ladder person, hose person, pipe person, and any  other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter    by returning to or remaining in a dwelling, residence, building,  or other structure to rescue or to attempt to rescue any person.(d) A person shall not be subject to arrest for resisting arrest under this Section unless there is an underlying offense for which the person was initially subject to arrest.(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)