As of August 7, 2020, Illinois has made it a Class 3 felony to attack any merchant who attempts to enforce COVID-related safety guidelines.

The new law amends the aggravated battery statute. Section (720 ILCS 5/12-3.05(d)(12)) applies when you commit battery (other than with a firearm) against a merchant who is performing his or her duties, including relaying government or employer-related health/safety guidelines, during and for six months after a government-declared state of disaster due to a public health emergency.

If you are charged with aggravated battery or a similar offense, contact an experienced criminal law attorney immediately. As with most criminal offenses, the state must still prove all the elements of the offense beyond a reasonable doubt. Under Illinois law, battery is defined as knowingly and without legal justification causing bodily harm or making physical contact of an insulting or provoking nature. Did you make physical contact or were you simply arguing? Was the merchant performing his or her duties? Even if you clearly went off the rails, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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