(A) A person commits an aggravated assault, when, in committing an assault, he or she:
(1) Uses a deadly weapon, an air rifle as defined in the Air Rifle Act (ILCS Ch. 720, Act 535, §§ 0.01 et seq.), or any device manufactured and designed to be substantially similar in appearance to a firearm, other than discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, private security officer, or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer or fireman from performing his or her official duties, or in retaliation for the officer or fireman performing his or her official duties;
(2) Is hooded, robbed or masked in such a manner as to conceal his or her identity or any device manufactured and designed to be substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a buildings used for school purposes;
(4) Knows the individual assaulted to be a supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is any part of a building used for park purposes;
(5) Knows the individual assaulted to be a caseworker, investigator, or other person employed by the Department of Healthcare and Family Services (formerly State Department of Public Aid), a County Department of Public Aid, or the Department of Human Services (acting as successor to the state Department of Public Aid under the Department of Human Services Act) and such caseworker investigator, or other person is upon the grounds of a Public Aid office or grounds adjacent thereto, or is in any part of a building used for Public Aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employee's discharge of his or her duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;
(6) Knows the individual assaulted to be a peace officer, a community policing volunteer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his or her official duties or to prevent the officer, community policing volunteer, or fireman from performing his or her official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman;
(7) Knows the individual assaulted to be an emergency medical technician-ambulance emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties;
(8) Knows the individual assaulted to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;
(9) (a) Or the individual assaulted is on or about a public way, public property, or public place of accommodation or amusement;
(b) Is, or the individual assaulted is, in or about a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee- sanctioned sporting event is taking place in this venue;
(10) Knows the individual assaulted to be an employee of the state, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his or her authorized duties as such employee;
(11) Knowingly and without legal justifica- tion, commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification, commits an assault on a person 60 years of age or older;
(13) (a) Discharges a firearm, other than from a motor vehicle;
(b) Discharges a firearm from a motor vehicle;
(14) (a) Knows the individual assaulted to be a correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties;
(b) Knows the individual assaulted to be a probation officer, as defined in the Probation and Probation Officers Act (ILCS Ch. 730, Act 111, §§ 0.01 et seq.), while the officer is engaged in the execution of any of his or her duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her duties;
(15) Knows the individual assaulted to be a correctional employee or an employee or officer of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or an employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while the employee or officer is engaged in the execution of any of his or her official duties, or to prevent the employee or officer from performing his or her official duties, or in retaliation for the employee performing his or her official duties, or in retaliation for the employee or officer performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the employee or officer or in the direction of a vehicle occupied by the employee or officer;
(16) Knows the individual assaulted to be an employee of a police or sheriff’s department, or a person who is employed by a municipality and whose duties include traffic control, engaged in the performance of his or her official duties as such employee;
(17) Knows the individual assaulted to be a sports official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. For the purposes of this section, SPORTS OFFICIAL means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; and COACH means a person recognized as a coach by the sanctioning authority that conducted the athletic contest; or
(18) Knows the individual assaulted to be an emergency management worker, while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the emergency management worker or in the direction of a vehicle occupied by the emergency management worker.
(19) Knows the individual assaulted to be a utility worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties. In this division (A)(19), UTILITY WORKER means a person employed by a public utility as defined in Section 3-105 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 3-105), and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3-119 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 3-119), an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 13-202), an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 13-212), or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative.
(B) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
(C) A person commits an aggravated assault when he or she knowingly and without lawful justification operates a motor vehicle in a manner which places a person in reasonable apprehension of being struck by a moving vehicle
(D) Sentence. Aggravated assault as defined in divisions (A)(1) through (5) and (8) through (12) and (17) and (19) is a Class A misdemeanor. Aggravated assault as defined in divisions (A)(13), (14) and (15) and as defined in division (B) or division (C) is a Class 4 felony. Aggravated assault as defined in divisions (A)(6) and (16) is a Class A misdemeanor if a Category I, Category II, or Category III weapon is not used in the assault. Aggravated assault as defined in divisions (A)(6) and (16) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the assault. Aggravated assault as defined in divisions (A) (7) and (18) is a Class A misdemeanor if a firearm is not used in the commission of the assault. Aggravated assault as defined in divisions (A)(7) and (18) is a Class 4 felony if a firearm is used in the commission of the assault. Aggravated assault as defined in division (C) where the victim was a person defined in division (A)(6) or (13)(b) is a Class 3 felony. For purposes of this division (D), “Category I weapon”, “Category II weapon”, and “Category III weapon” have the meanings ascribed to those terms in ILCS Ch. 720, Act 5, § 33A-1(c).
(E) For the purposes of divisions (A) (1) and (6), PRIVATE SECURITY OFFICER means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 (ILCS Ch. 225, Act 447, §§ 1 et seq.).
(ILCS Ch. 720, Act 5, § 12-2) Penalty, see § 130.99