Cary, NC asked in Criminal Law and Juvenile Law for Illinois

Q: If an 18 yr old fights a 15 yr old & while fighting her starts strangling her, & post a video online, is it battery?

An 18 year old girl fought a 15 year old a couple days ago on a public street outside of one of their houses in Mokena, IL. During the fight the 18 year old gets on top of the 15 year old and starts strangling her till her face is purple, she then lifts the girl up and kicks her one more time, the 18 year olds friend knowingly took a video with the intent of distributing it to the public on social media. The 15 year old has bruises all over her neck and says it hurts to move and swallow. The 18 year old deleted the video off of social media but is still privately distributing the video through texts or private messages but has continued to admit to being the one to strangle her and hit her and "beat her ass" and also "knows she is a minor". can this be considered aggravated battery in IL if the 15 and her family decides to press charges?

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1 Lawyer Answer
William Harold Mazur
William Harold Mazur
  • Chicago, IL
  • Licensed in Illinois

A: This incident should likely have been brought to the police's attention immediately after it happened. By now, the 15 year old may no longer have physical signs of the damage done to her. You can always still file a police report and identify the perpetrator, but then it will be up to the police and the state's attorney what to charge her with (if anything). Obviously, it will be helpful if you can locate and get a copy of the video.

Best of luck.

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