Ill. Pattern Jury Instr. (Criminal) 16.03

--Criminal Damage

A person com

mits the offense of shooting a firearm at a train when he knowingly shoots

a firearm at any portion of a railroad train.

Committe

e Note

Committ

ee Note Approved December 1, 2017

720 ILCS 5/

21-1(a)(7) (West, 2017)-, amended by P.A.86-496, effective January 1, 1990,

and P.A. 86- 1254, effective January 1, 1991; P.A. 88-406, effective August 20, 1993; P.A. 88-

558, effective January 1, 1995; P.A. 89- 8, effective March 21, 1995; P.A. 91-360, effective July

29, 1999; P.A. 92-454, effective January1, 2002; P.A. 94-509, effective August 9, 2005; P.A. 95-

553, effective June 1, 2008; P.A. 96- 529, effective August 14, 2009; P.A. 97- 1108, effective

January 1, 2013; and, P.A. 98-315, effective January 1, 2014.

Give Ins

truction 16.04.

Although c

ontained in the criminal damage statute, Chapter 720, Section 21-1(7) defines

a separate and distinct offense. That offense is a felony without regard to the amount of damage

caused and even without regard to whether any damage is caused. Compare Committee Note to

Instruction 16.01. The Committee concluded that the jury would be less likely to be confused by

a separate instruction defining this offense without any reference to the term “criminal damage.”

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