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Illinois Statutes Chapter 740. Civil Liabilities § 20/6. Damages

Current as of January 01, 2022 | Updated by FindLaw Staff

§ 6. Damages.

(a) The damages to which an owner of property is entitled under subsection (a) of Section 4 shall be based on the highest classification of offense prescribed under the Cannabis Control Act,  1 the Illinois Controlled Substances Act,  2 or the Methamphetamine Control and Community Protection Act that involves the nonconsensual use of his property in an amount as follows:

(1) When the property is used to facilitate the commission of a Class B or C misdemeanor, no less than $1,000.

(2) When the property is used to facilitate the commission of a Class A misdemeanor, no less than $1,500.

(3) When the property is used to facilitate the commission of a Class 4 felony, no less than $2,500.

(4) When the property is used to facilitate the commission of a Class 3 felony, no less than $5,000.

(5) When the property is used to facilitate the commission of a Class 2 felony, no less than $10,000.

(6) When the property is used to facilitate the commission of a Class 1 felony, no less than $15,000.

(7) When the property is used to facilitate the commission of a Class X felony, no less than $20,000.

(b) The damages to which a parent or legal guardian is entitled under subsection (b) of Section 4 shall be based on the highest classification of offense prescribed under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act committed by the person delivering the cannabis or controlled substance to the minor in an amount as follows:

(1) When the delivery is classified as a Class B or C misdemeanor, no less than $1,500.

(2) When the delivery is classified as a Class A misdemeanor, no less than $2,500.

(3) When the delivery is classified as a Class 4 felony, no less than $5,000.

(4) When the delivery is classified as a Class 3 felony, no less than $10,000.

(5) When the delivery is classified as a Class 2 felony, no less than $15,000.

(6) When the delivery is classified as a Class 1 felony, no less than $20,000.

(7) When the delivery is classified as a Class X felony, no less than $25,000.

(c) In addition to the amounts set forth in subsections (a) and (b), the owner of the property bringing a cause of action under subsection (a), other than a government or a governmental subdivision or agency, or the parent or legal guardian of the minor bringing a cause of action under subsection (b), may be entitled to receive punitive damages.

(d) A party prevailing in a cause of action brought under this Act is entitled to reasonable attorneys fees in addition to damages awarded under subsections (a), (b), and (c) of this Section.

1 720 ILCS 550/1 et seq.
2 720 ILCS 570/100 et seq.
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Cite this article: FindLaw.com - Illinois Statutes Chapter 740. Civil Liabilities § 20/6. Damages - last updated January 01, 2022 | https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-20-6/

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