NOTE: This page reflects additional information concerning Public Act 101-440, which took effect on January 1, 2020. Starting at that point, eligible inmates in Illinois can earn supplementary credits for good behavior and, potentially, obtain early release from confinement.
A charge for obstruction of justice is a serious criminal offense under Illinois state law. While the conduct that leads to a charge of obstructing justice can be considered trivial, such as providing a police officer a false name, the consequences can be exceedingly serious.
Obstruction of Justice is a Felony
The statute defining the elements of obstructing justice is 720 ILCS 5/31-4.
The statute categorizes this offense as a felony.
Because it is a felony, the offense is charged in one of two ways: information or indictment. A felony charged by way of information is like a complaint. A complaint is sworn and signed by a complainant, usually a police officer, who certifies that all of the allegations are true.
On the other hand, the offense can be charged by grand jury indictment. A grand jury is composed of 16 people who decide whether there is probable cause to charge a person with a crime. If they make a finding of probable cause, then the charge is approved and called a “true bill.”
What is Obstructing Justice?
A charge of obstruction of justice assumes there is some court proceeding in which a person is a defendant. It is obstruction to attempt in any way to influence the court proceeding by tampering with evidence.
Statute 720 ILCS 5/31-4
But the exact conduct that constitutes a crime is more specific:
The statute provides the following:
A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:
(a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or
(b) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or
(c) Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.
See 720 ILCS 5/31-4.
Examples of Obstructing Justice
It can be obstruction of justice to tell a witness to a crime not to come to court and testify. For example, in domestic battery situations, the victim almost always is in a romantic or familial relationship with the defendant (e.g., family members, significant others, and lovers). While the judge may order no contact between the parties during the pendency of the case, most defendants violate that term and communicate with the victim anyway. If the defendant tells the victim, “Don’t come to court to testify against me,” it is obstruction of justice because it is inducing a witness not to participate in the court proceeding.
Another example of obstructing justice occurs where a person is pulled over in a traffic stop and provides the officer with a false name. This situation is very common with drivers on a suspended or revoked license or with an outstanding warrant. Providing a false name is obstruction because it involves false information. This type of conduct can hamper court proceedings concerning the prosecution of a driver for a traffic violation or concerning an outstanding warrant.
That being said, it is important to note that the charge goes both ways. If a witness were to knowingly conceal evidence that allows a defendant to prove their innocence, that is also obstruction of justice.
Penalty for Obstructing Justice
Obstructing justice is a Class 4 felony offense for which the punishment can be 1-3 years in prison (Department of Corrections). The fine can be up to $25,000. However, the judge does have the option of sentencing the defendant to probation as opposed to incarceration.
There is a special enhancement if the offense occurs in the furtherance of a gang. If a gang member engages in obstructing justice to protect another member, it is a Class 3 felony, which is 2-5 years prison and $25,000 in possible fines.
A felony conviction is not eligible for expungement. But now that Public Act 101-440 is part of state law, inmates serving a sentence for obstructing justice might be able to earn 45 to 90 days of credit for good behavior. To qualify for these credits, inmates must complete specific programs, such as full-time substance abuse treatment, correctional industry assignments, or life skills courses.