After a violent hazing incident, five Wheaton College football players now face felony charges for aggravated battery, mob action, and unlawful restraint, according to an article by the Chicago Tribune. The perpetrators allegedly barged into a freshman teammate’s dorm room in March of 2016. After tackling their victim, the perpetrators duct taped his wrists and ankles. Then they carried the victim through a crowded dorm to the parking lot.
While driving the victim to another location, the perpetrators applied more duct tape and stripped the victim’s clothes. In addition to beating the victim repeatedly, the players also tried to insert an object into the victim’s rectum. Finally, the perpetrators dumped the victim half naked on a baseball diamond and drove off.
To fully grasp the impact of this violent incident, we need to review Illinois laws concerning aggravated battery, mob action, and unlawful restraint.
How Does Illinois Define Aggravated Battery?
We can find the definition for aggravated battery in Illinois under 720 ILCS 5/12-3.05. Essentially, Illinois defines aggravated battery as regular battery committed under certain circumstances. As a reminder, battery in Illinois occurs when causing harm to another person or insulting or provoking another person with unwanted physical contact.
Battery rises to the level of aggravated battery in Illinois if the perpetrator:
- Causes serious bodily harm, permanent injury, or disfigurement;
- Injures a child or any person with a serious intellectual disability;
- Commits the crime in public, on public property at a sports arena, or at a domestic violence shelter;
- Injures certain types of victims, including but not limited to the elderly, pregnant mothers, teachers, judges, law enforcement, and taxi drivers; or
- Uses a firearm or other dangerous weapon to cause harm or injury.
It is important to note that the list above is not exhaustive. There are many other circumstances that constitute aggravated battery in Illinois.
How Does Illinois Define Mob Action?
We can find the definition for mob action in Illinois under 720 ILCS 5/25-1. Essentially, Illinois defines mob actions as two or more people acting together to:
- Disturb the peace in public with force or violence;
- Intend to or actually commit any felony or misdemeanor; or
- Use violence as a form of vigilante justice.
How Does Illinois Define Unlawful Restraint?
We can find the definition for unlawful restraint in Illinois under 720 ILCS 5/10-3. Essentially, Illinois defines unlawful restraint as detaining another person without legal authority.
Do You Need Legal Advice?
No matter what the criminal offense, all criminal charges are serious. Without a sound strategy and an aggressive defense, you could miss out on your best chance for a positive outcome. An experienced criminal defense attorney can help you understand the law and navigate toward an effective resolution.
Serving the counties of Dewitt, Ford, Livingston, Logan, McLean, Peoria, Tazewell and Woodford, The Prior Law Firm is located in Bloomington, Illinois. Our attorneys are dedicated to the practice of Illinois criminal law. If you need legal advice concerning any criminal offense, please do not hesitate to contact us immediately.
You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or online by completing a simple form.