Illinois Battery of Unborn Child

The Law – 720 ILCS 5/12-3.1

A person commits battery of an unborn child if he intentionally or knowingly – by any means - causes bodily harm to an unborn child.

Like with the crime of battery, the key here is that the action must be “intentional or knowing” as it relates to the unborn child. That means that the person must know the woman is “with child”. All of the defenses available to the charge of battery are available here, also.

The Sentence

CLASS A MISDEMEANOR – 364 DAYS MAX

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

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James A. Payonk, Jr.

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Orland Park, Illinois 60467

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