Illinois Compiled Statutes 20 ILCS 3435/5 – Penalties
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Any violation of Section 3 not involving the disturbance of human remains is a Class A misdemeanor and the violator shall also be subject to a fine not in excess of $5,000; any subsequent violation is a Class 4 felony. Any violation of Section 3 involving disturbance of human remains is a Class 4 felony. Each disturbance of an archaeological site or a paleontological site shall constitute a single offense. Persons convicted of a violation of Section 3 shall also be ordered to pay restitution. Such restitution is to be assessed by the circuit court. Restitution may include, but is not limited to:
(a) (blank);
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55
(b) any and all costs incurred in cleaning,
(a) (blank);
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Illinois Compiled Statutes 20 ILCS 3435/5
- County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(b) any and all costs incurred in cleaning,
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restoring, analyzing, accessioning and curating the recovered materials;
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(c) any and all costs associated with restoring the
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land to its original contour;
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(d) any and all costs associated with recovery of
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data and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the archaeological or paleontological site;
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(e) any and all costs associated with the
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determination and collection of restitution.
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When restitution is ordered in a case that is prosecuted by the Attorney General, all restitution shall be deposited into the Historic Sites Fund; when restitution is ordered in a case that is prosecuted by the State‘s Attorney, the proceeds shall be deposited into the county fund designated by the county board.