730 ILCS 5/5-5-3.2
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

(Text of Section before amendment by P.A. 101-652)Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing.(a) The following factors shall be accorded weight in favor of  imposing a term of imprisonment or may be considered by the court as reasons  to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V:(1) the defendant's conduct caused or threatened     serious harm;(2) the defendant received compensation for     committing the offense;(3) the defendant has a history of prior delinquency     or criminal activity;(4) the defendant, by the duties of his office or by     his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;(5) the defendant held public office at the time of     the offense, and the offense related to the conduct of that office;(6) the defendant utilized his professional     reputation or position in the community to commit the offense, or to afford him an easier means of committing it;(7) the sentence is necessary to deter others from     committing the same crime;(8) the defendant committed the offense against a     person 60 years of age or older or such person's property;(9) the defendant committed the offense against a     person who has a physical disability or such person's property;(10) by reason of another individual's actual or     perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii).  For the purposes of this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act;(11) the offense took place in a place of worship or     on the grounds of a place of worship, immediately prior to, during or immediately following worship services.  For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;(12) the defendant was convicted of a felony     committed while he was released on bail or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5-8-1 for a prior felony;(13) the defendant committed or attempted to commit a     felony while he was wearing a bulletproof vest.  For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;(14) the defendant held a position of trust or     supervision such as, but not limited to, family member as defined in Section 11-0.1 of the Criminal Code of 2012, teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 against that victim;(15) the defendant committed an offense related to     the activities of an organized gang.  For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act;(16) the defendant committed an offense in violation     of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5,  12-13, 12-14, 12-14.1, 12-15, 12-16,  18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;(16.5) the defendant committed an offense in     violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;(17) the defendant committed the offense by reason of     any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer.  For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012;(18) the defendant committed the offense in a nursing     home or on the real property comprising a nursing home.  For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;(19) the defendant was a federally licensed firearm     dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while armed with a firearm;(20) the defendant (i) committed the offense of     reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;(21) the defendant (i) committed the offense of     reckless driving or aggravated reckless driving  under Section 11-503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;(22) the defendant committed the offense against a     person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United States serving on active duty.  For purposes of this clause (22), the term "Armed Forces" means any of the Armed Forces of the United States, including a member of any reserve component thereof or National Guard unit called to active duty;(23)  the defendant committed the offense against a     person who was elderly or infirm or who was a person with a disability by taking advantage of a family or fiduciary relationship with the elderly or infirm person or person with a disability;(24)   the defendant committed any offense under     Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 and possessed 100 or more images;(25)  the defendant committed the offense while the     defendant or the victim was in a train, bus, or other vehicle used for public transportation;(26)  the defendant committed the offense of child     pornography or aggravated child pornography, specifically including  paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where  a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminal Code of 1961 where  a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context;(27)  the defendant committed the offense of first     degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization.  For the purposes of this paragraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces; and   "veterans' organization" means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit;(28)  the defendant committed the offense of assault,     aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person that the defendant knew or reasonably should have known was a letter carrier or postal worker while that person was performing his or her duties delivering mail for the United States Postal Service;(29) the defendant committed the offense of criminal     sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse against a victim with an intellectual disability, and the defendant holds a position of trust, authority, or supervision in relation to the victim;(30) the defendant committed the offense of promoting     juvenile prostitution, patronizing a prostitute, or patronizing a minor engaged in prostitution and at the time of the commission of the offense knew that the prostitute or minor engaged in prostitution was in the custody or guardianship of the Department of Children and Family Services;(31)  the defendant (i) committed the offense of     driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite direction of the direction indicated by official traffic control devices;(32) the defendant committed the offense of reckless     homicide while committing a violation of Section 11-907 of the Illinois Vehicle Code;(33) the defendant was found guilty of an     administrative infraction related to an act or acts of public indecency or sexual misconduct in the penal institution. In this paragraph (33), "penal institution" has the same meaning as in Section 2-14 of the Criminal Code of 2012; or(34) the defendant  committed the offense of leaving     the scene of an accident in violation of subsection (b) of Section 11-401 of the Illinois Vehicle Code and the accident resulted in the death of a person and at the time of the offense, the defendant was: (i) driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof as defined by Section 11-501 of the Illinois Vehicle Code; or (ii)  operating the motor vehicle while using an electronic communication device as defined in Section 12-610.2 of the Illinois Vehicle Code.For the purposes of this Section:"School" is defined as a public or private  elementary or secondary school, community college, college, or university."Day care center" means a public or private State certified and  licensed day care center as defined in Section 2.09 of the Child Care Act of  1969 that displays a sign in plain view stating that the  property is a day care center."Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently  with impairment in adaptive behavior."Public transportation" means the transportation         or conveyance of persons by means available to the general public, and includes paratransit services."Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.(b) The following factors, related to all felonies, may be considered by the court as  reasons to impose an extended term sentence under Section 5-8-2  upon any offender:(1) When a defendant is convicted of any felony,     after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or(2) When a defendant is convicted of any felony and     the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or(3) When a defendant is convicted of any felony     committed against:(i) a person under 12 years of age at the time of         the offense or such person's property;(ii) a person 60 years of age or older at the         time of the offense or such person's property; or(iii) a person who had a physical disability at         the time of the offense or such person's property; or(4) When a defendant is convicted of any felony and     the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:(i) the brutalizing or torturing of humans or         animals;(ii) the theft of human corpses;(iii) the kidnapping of humans;(iv) the desecration of any cemetery, religious,         fraternal, business, governmental, educational, or other building or property; or(v) ritualized abuse of a child; or(5) When a defendant is convicted of a felony other     than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or(6) When a defendant is convicted of an offense     committed while using a firearm with a laser sight attached to it.  For purposes of this paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or(7) When a defendant who was at least 17 years of age     at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or(8) When a defendant commits any felony and the     defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged; or(9)  When a defendant commits any felony and the     defendant knowingly video or audio records the offense with the intent to disseminate the recording.(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2