Illinois Disarming a Peace Officer or Correctional Institution Employee

The Law – 720 ILCS 5/31-1a

A person commits the offense of Disarming a Peace Officer or Correctional Institution Employee when they knowingly disarm a peace officer or correctional institution employee, known to them to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of their official duty by taking, without the peace officer’s or correctional institution employee’s consent, a firearm:

  1. From the person of the peace officer or correctional institution employee

  2. OR

  3. From an area within the peace officer’s immediate presence or correctional institutional employee.

The Disarming of a Peace Officer or Correctional Institution Employee not only prohibits the actual, physical removal of weapons from the body of a peace officer or correctional employee, but also prohibits the removal of their weapons even when not on their person. For instance, if a police officer removed his utility belt and placed it on a counter next to him, and an individual removes the officer’s weapon from the belt, that individual can still be charged with, and convicted of, Disarming a Peace Officer or Correctional Institution Employee. The law requires, however, that the peace officer or correctional institution employee be acting in the scope of his or her official duties.

The Sentence

CLASS 1 FELONY

  • 4 to 15 years in state prison
  • Fine of up to $25,000

Probation Possible? – Yes.

Supervision Possible? – No.

The latest from our blog...

Reducing Cell Phone Distracted Driving

Although young drivers are the most attached to their phones, adults drive distracted as well. You are 400% more likely to get into a car accident while using a cell ...

Read more...

Why Soft Tissue Injuries Should Be Taken Seriously after Car Accidents

If you have been in a car accident, you run the risk of getting soft tissue injuries. These injuries are common and can be debilitating for significant periods of time. ...

Read more...

When Is a Store Responsible for Your Slip and Fall?

In our firm’s 30 years of representing clients, one misconception that comes up regularly is that if you fall on someone else’s property, you have a viable lawsuit against them. ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005