An Illinois man walked into a gas station after posting on Facebook that he had coronavirus symptoms. In his social media post, he stated that he was under orders to self-isolate because of his coronavirus symptoms. He stopped at a gas station so that he could take his 4-year-old son to use the bathroom. The gas station employee recognized him as a friend with whom he went to high school. The employee told his supervisor who alerted Illinois law enforcement.
Facing Reckless Conduct Charges for Not Isolating
Law enforcement charged him with a Class A misdemeanor for the offense of reckless conduct. The crime of reckless conduct happens when a person recklessly performs and act or acts that:
- Cause bodily harm to or endanger the safety of another person; or
- Cause great bodily harm or permanent disability or disfigurement to another person
When the reckless conduct causes bodily harm, or endangers another person’s safety, the defendant faces Class A misdemeanor charges. The man who entered the gas station after learning he might have COVID-19 has been charged with a Class A misdemeanor because he allegedly endangered the safety of other people by entering the gas station. In Illinois, a Class A misdemeanor can result in a jail sentence of up to one year and a fine of up to $2,500.
Law Enforcement Can Bring Misdemeanor Charges for Failure to Isolate
When reckless conduct causes great bodily harm or permanent disability or disfigurement, the defendant will face a Class 4 felony charge. A class 4 felony in Illinois is serious. Those convicted face between one and three years in prison and fines of up to $25,000. Most charges related to COVID-19 will likely be Class A misdemeanor charges because it will be hard if not impossible to trace death or permanent disability from catching COVID-19 back to the person who recklessly spread the virus.
Defenses Against Reckless Conduct Charges
The coronavirus pandemic has upturned many aspects of our lives as well as the criminal justice system. Prosecutors need to prove that a person who could have COVID-19 meets the legal requirements for reckless conduct. Whether the defendant mentioned above had a reckless disregard for other people’s safety is debatable. The man’s doctor had checked a box saying he had “possible COVID-19, mandatory 14 day home isolation.” However, the defendant can argue that he was not showing a “willful and wanton disregard” for the safety of other people because the public is still learning about how COVID-19 spreads.
Contact an Experienced Criminal Defense Lawyer
If you are facing charges related to COVID-19, you need an experienced criminal defense lawyer on your side. We understand that law abiding people can easily make a mistake or accidentally walk into a store without any bad intent. Coronavirus is new to us all, but a defendant’s constitutional rights are not new, and they are as important as ever during a pandemic. Contact Glasgow & Olsson as soon as possible to schedule your initial case evaluation with our capable criminal defense lawyers.