Aggravated Discharge of a Firearm

Definition.  In Illinois, a person commits aggravated discharge of a firearm when he or she knowingly or intentionally:

(1)Discharges a firearm at or into a building he or she knows or reasonably should know to be occupied and that firearm is discharged from a place or position outside that building;

(2)Discharges a firearm in the direction of another person or in the direction of vehicle he or she knows or reasonably should know to be occupied by a person;

(3)Discharges a firearm in the direction of a person he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or firearm is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;

(4)Discharges a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;

(5) Discharges a firearm in the direction of a person he or she knows to be an emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(6)Discharges a firearm in the direction of a vehicle he or she knows to be occupied by an emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;

(7) Discharges a firearm in the direction of a person he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;

(8)Discharges a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management workers is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.

Sentence.

A violation of subsection (1) or (2) is a Class 1 felony.

A violation of subsection (1) or (2) committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed in a Class X felony.

A violation of subsection (3), (4), (5), (6), (7), (8), or (9) is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.

Definitions

“School” means a public or private elementary or secondary school, community college, college, or university.

“School related activity” means any sporting, social, academic, or other activity for which students’ attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.