Illinois Unlawful Use of Body Armor

The Law – 720 ILCS 5/33F-2

A person commits Unlawful Use of Body Armor when he knowingly wears body armor and is in possession of a dangerous weapon, other than a firearm, in the commission or attempted commission of any offense.

Illinois provides a special criminal law prohibiting individuals from wearing body armor during the commission, or attempted commission, of any crime if they are also in the possession of a dangerous weapon. The law defines “body armor” as any type of protective clothing that can used to stop firearms. This includes: military style flak vests, soft body armor or protective clothing. The determination of whether or not an item of clothing constitutes body armor for the purposes of the statute depends on whether the item is made of Kevlar or any other similar material.

The Sentence

CLASS A MISDEAMENOR FOR FIRST OFFENSE

  • Up to 364 days in county jail

  • Fine of up to $2,500

Probation Possible? – Yes.

Supervision Possible? – Yes.

CLASS 4 FELONY IF SECOND OR SUBSEQUENT OFFENSE

  • 1 to 3 years in state prison

  • Fine of up to $25,000

Probation Possible? – Yes.

Supervision Possible? – No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005