CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/26.5-1

Sec. 26.5-1. Transmission of obscene messages.

Illinois Compiled Statute
720 ILCS 5/26.5-1
Offense Description
Transmission of obscene messages
Offense Classification
Class B Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 6 months county jail · Fine up to $1,500
Supreme Court Rule 551 Mandatory Court Appearance
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.
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 5/26.5-1 (Transmission of obscene messages) is classified as a Class B Misdemeanor. Statutory sentencing scope: Up to 6 months county jail · Fine up to $1,500. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class B Misdemeanor

Up to 6 months county jail · Fine up to $1,500

Court Appearance Mandate Release on Notice (No Mandate)

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.

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 B Misdemeanor
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
Search in Live Workstation ➔ Official ILGA Statute (ilga.gov) ->

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Transmission of obscene messages Official ILGA · 720 ILCS 5/26.5-1 -> Class B Misdemeanor Release on Notice Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 26.5-1. Transmission of obscene messages.

(a)

(a) A person commits transmission of obscene messages when he or she sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or wires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois.

(b)

(b) The trier of fact may infer intent to offend from the use of language or terms which are obscene, lewd or immoral.

(Source: P.A. 97-1108, eff. 1-1-13.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/26.5-1 in Illinois?

Under Illinois law, 720 ILCS 5/26.5-1 (Transmission of obscene messages) is classified as a Class B Misdemeanor.

Sentencing Scope: Up to 6 months county jail · Fine up to $1,500

Is a court appearance mandatory for 720 ILCS 5/26.5-1 under Illinois Supreme Court Rule 551?

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.

Is an individual accused of 720 ILCS 5/26.5-1 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 5/26.5-1?

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 5/26.5-1 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/26.5-1 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-26.5-1
Cross-Referenced ILCS Codes
720 ILCS 5/26.5-2

Harassment by telephone

Class B Misdemeanor
720 ILCS 5/26.5-3

Harassment through electronic communications

Class B Misdemeanor
625 ILCS 40/2-4
Rule 551

Resisting to officers

Class A Misdemeanor
625 ILCS 45/2-4
Rule 551

Resisting officers

Class A Misdemeanor