Sec. 5. Any person or persons who shall wilfully injure, deface or destroy any flag, flag-staff or pole, or adjustments attached thereto, erected and arranged for the purpose of carrying out the requirements of this Act, shall be deemed guilty of a petty offense and fined not less than one (1) dollar nor more than fifteen (15) dollars.
Under Illinois law, 5 ILCS 465/5 (Willful defacement or destruction of flag) is classified as a Petty Offense. Statutory sentencing scope: No incarceration authorized · Fine up to $1,000. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.
No incarceration authorized · Fine up to $1,000
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
| Offense Description | Class | Court Mandate | SAFE-T Act | Reporting Code | Official ILGA |
|---|---|---|---|---|---|
| Willful defacement or destruction of flag Official ILGA · 5 ILCS 465/5 -> | Petty Offense | Release on Notice | Release Eligible | — | ILGA.gov -> |
(Source: P.A. 77-2446.)
Under Illinois law, 5 ILCS 465/5 (Willful defacement or destruction of flag) is classified as a Petty Offense.
Sentencing Scope: No incarceration authorized · Fine up to $1,000
No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.
5 ILCS 465/5 (West 2026)
5 Ill. Comp. Stat. 465/5 (2026)
https://ilcsindex.com/statutes/5-ilcs-465-5