CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/12-3.1

Sec. 12-3.1. Battery of an unborn child; aggravated battery of an unborn child.

Illinois Compiled Statute
720 ILCS 5/12-3.1
Offense Description
Battery of an unborn child
Offense Classification
Class A Misdemeanor, Class 3 Felony
Statutory Penalties & Sentencing Scope
2 to 5 years IDOC (Probation eligible) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
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.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/12-3.1 (Battery of an unborn child) is classified as a Class A Misdemeanor, Class 3 Felony. Statutory sentencing scope: 2 to 5 years IDOC (Probation eligible) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class A Misdemeanor, Class 3 Felony

2 to 5 years IDOC (Probation eligible) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) 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.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor, Class 3 Felony
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (2)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Battery of an unborn child Official ILGA · 720 ILCS 5/12-3.1 -> Class A Misdemeanor Release on Notice Release Eligible — ILGA.gov ->
Aggravated battery of unborn child 720 ILCS 5/12-3.1(a-5) Official ILGA · 720 ILCS 5/12-3.1(a-5) -> Class 3 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 12-3.1. Battery of an unborn child; aggravated battery of an unborn child.

(a)

(a) A person commits battery of an unborn child if he or she knowingly without legal justification and by any means causes bodily harm to an unborn child.

(a-5) A person commits aggravated battery of an unborn child when, in committing a battery of an unborn child, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an unborn child.

(b)

(b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from the implantation of an embryo until birth, and (2) "person" shall not include the pregnant individual whose unborn child is harmed.

(c)

(c) Sentence. Battery of an unborn child is a Class A misdemeanor. Aggravated battery of an unborn child is a Class 2 felony.

(d)

(d) This Section shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in Section 1-10 of the Reproductive Health Act, to which the pregnant individual has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

(Source: P.A. 101-13, eff. 6-12-19.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/12-3.1 in Illinois?

Under Illinois law, 720 ILCS 5/12-3.1 (Battery of an unborn child) is classified as a Class A Misdemeanor, Class 3 Felony.

Sentencing Scope: 2 to 5 years IDOC (Probation eligible) · Fine up to $25,000

Is a court appearance mandatory for 720 ILCS 5/12-3.1 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 720 ILCS 5/12-3.1 detainable before trial under the SAFE-T Act?

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.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/12-3.1?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/12-3.1 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/12-3.1 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-12-3.1
Cross-Referenced ILCS Codes