Illinois Mob Action

The Law – 720 ILCS 5/25-1

A person commits Mob Action when he or she commits any of the following:

  1. The knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law; or
  2. The knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or
  3. The assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.

One of the many “catch-all” crimes in Illinois is the Mob Action statute. As with other catch all crimes, many portions of the Mob Action law are subject to interpretation. For instance, under subsection (a), the charged individual must have disturbed the public peace. While many actions, such as firing a gun into the air, can obviously be construed as disturbing the public peace (although firing a gun in the air may NOT actually constitute “disturbing the peace”), other actions are not as clear.

Additionally, under subsection (b), if two or more persons knowingly assemble with the intent to commit a crime, they would be guilty of Mob Action. For instance, if two individuals met outside of a bank intending to rob it, but at the last second change their mind, the two can still be found guilty of Mob Action. This is regardless of their withdrawal of the plan to rob the bank.

The sentence for Mob Action ranges from the lowest level misdemeanor to a Class 4 felony. Often, the charge of Mob Action is an additional to charge to other charges filed. However, Mob Action may be charged as a single or stand-alone charge as well.

The Sentence

Violation of Section (a) or if injury or property damage sustained by an individual

Class 4 Felony

  • 1 to 3 years in prison
  • Up to $25,000 fine
  • Mandatory 30 to 120 hours of community service

Violation of Sections (b) or (c)

Class C Misdemeanor

  • Up to 30 days in county jail
  • Up to $1,500 fine
  • Mandatory 30 to 120 hours of community service

Refusing to withdraw from mob after commanded to do so by law enforcement

Class A Misdemeanor

  • Up to 364 days in county jail
  • Up to $2,500 fine
  • Mandatory 30 to 120 hours of community service

Probation Possible? Yes.

Supervision Possible? Yes, on misdemeanor charges.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005