CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/33-4

Sec. 33-4. Peace officer or correctional officer; gang-related activity prohibited.

Illinois Compiled Statute
720 ILCS 5/33-4
Offense Description
Gang related activity/peace officer or correctional
Offense Classification
Class A Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 364 days county jail · Fine up to $2,500
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 5/33-4 (Gang related activity/peace officer or correctional) is classified as a Class A Misdemeanor. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500. 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 A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

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 A 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
Gang related activity/peace officer or correctional Official ILGA · 720 ILCS 5/33-4 -> Class A Misdemeanor Release on Notice Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 33-4. Peace officer or correctional officer; gang-related activity prohibited.

(a)

(a) It is unlawful for a peace officer or correctional officer to knowingly commit any act in furtherance of gang-related activities, except when acting in furtherance of an undercover law enforcement investigation.

(b)

(b) In this Section, "gang-related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(c)

(c) Sentence. A violation of this Section is a Class 3 felony.

(Source: P.A. 90-131, eff. 1-1-98.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/33-4 in Illinois?

Under Illinois law, 720 ILCS 5/33-4 (Gang related activity/peace officer or correctional) is classified as a Class A Misdemeanor.

Sentencing Scope: Up to 364 days county jail · Fine up to $2,500

Is a court appearance mandatory for 720 ILCS 5/33-4 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 5/33-4 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 5/33-4?

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 5/33-4 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/33-4 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-33-4
Cross-Referenced ILCS Codes
720 ILCS 5/33-1

Bribery

Class A Misdemeanor
720 ILCS 5/33-2

Failure to report a bribe

Class A Misdemeanor
720 ILCS 5/33-3
Rule 551

Official misconduct

Class 3 Felony
720 ILCS 5/33-5

Violation of chain of custody

Class A Misdemeanor