A. Assault: A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.
B. Aggravated Assault: A person commits an aggravated assault, when, in committing an assault, he:
1. Uses a deadly weapon or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a firefighter 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 or a firefighter while the officer or firefighter is engaged in the execution of any of his official duties, or to prevent the officer or firefighter from performing his official duties, or in retaliation for the officer or firefighter performing his official duties;
2. Is hooded, robed or masked in such manner as to conceal his 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 building 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 in 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 State Department of Public Aid or a County Department of Public Aid 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 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; (Ord. 615, 3-6-1995)
6. Knows the individual assaulted to be a peace officer, or a person summoned and directed by him or a firefighter while the officer or firefighter is engaged in the execution of any of his official duties, or to prevent the officer or firefighter from performing his official duties, or in retaliation for the officer or firefighter performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or firefighter or in the direction of a vehicle occupied by the officer or firefighter; (Ord. 615, 3-6-1995; 1998 Code)
7. Knows the individual assaulted to be a paramedic, ambulance driver or other medical assistance or first aid personnel employed by a municipality or other governmental unit engaged in the execution of any of his official duties, or in retaliation for the paramedic, ambulance driver or other medical assistance or first aid personnel performing his 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. Or the individual assaulted is on or about a public way, public property or public place of accommodation or amusement;
10. Knows the individual assaulted to be an employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee;
11. Knowingly and without legal justification, commits an assault on a physically handicapped person;
12. Knowingly and without legal justification, commits an assault on a person sixty (60) years of age or older; or
13. Discharges a firearm.
C. Battery: A person commits battery if he intentionally or knowingly without legal justification and by any means:
1. Causes bodily harm to an individual; or
2. Makes physical contact of an insulting or provoking nature with an individual.
D. Battery Of An Unborn Child:
1. Definitions: As used in this subsection, the following words and terms shall have the meanings ascribed to them in this subsection:
PERSON: Shall not include the pregnant woman whose unborn child is harmed.
UNBORN CHILD: Any individual of the human species from fertilization until birth.
2. A person commits battery of an unborn child if he intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child.
3. This subsection shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in 720 Illinois Compiled Statutes 510/2 section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This subsection shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
E. Aggravated Battery:
1. A person who, in committing a battery, intentionally or knowingly causes great bodily harm or permanent disability or disfigurement commits aggravated battery.
2. A person who, in committing a battery, commits aggravated battery if he:
a. Uses a deadly weapon, other than by the discharge of a firearm;
b. Is hooded, robed or masked in such manner as to conceal his identity;
c. Knows the individual harmed 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 building used for school purposes;
d. Knows the individual harmed 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 in any part of a building used for park purposes;
e. Knows the individual harmed to be a caseworker, investigator or other person employed by the State Department of Public Aid or a County Department of Public Aid and such caseworker, investigator or other person is upon the grounds of a public aid office or grounds adjacent thereto, 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 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;
f. Knows the individual harmed to be a peace officer, a person summoned and directed by a peace officer, a correctional institution employee, or a firefighter while such officer, employee or firefighter is engaged in the execution of any of his official duties including arrest or attempted arrest, or to prevent the officer, employee or firefighter from performing his official duties, or in retaliation for the officer, employee or firefighter performing his duties and the battery is committed other than by the discharge of a firearm;
g. Knows the individual harmed to be a paramedic, ambulance driver or other medical assistance or first aid personnel employed by a municipality or other governmental unit and engaged in the execution of any of his official duties, or to prevent the paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for performing his official duties;
h. Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement;
i. Knows the individual harmed 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;
j. Knowingly and without legal justification and by any means causes bodily harm to an individual of sixty (60) years of age or older;
k. Knows the individual harmed is pregnant;
l. Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge;
m. Knows the individual harmed to be an employee of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee; or
n. Knows the individual harmed to be a person who is physically handicapped.
For the purpose of this subsection, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.
3. A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic or anesthetic substance commits aggravated battery.
4. A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery. (Ord. 615, 3-6-1995)