By Bob Paterson No, it is generally not legal for an ordinary person to own a monkey as a private pet in Illinois. State law specifically prohibits people from owning, keeping, harboring, caring for, or acting as the custodian of a nonhuman primate. Limited exceptions exist for certain institutions, people who legally possessed and registered a primate before 2011, and some individuals with severe mobility disabilities who use specially trained capuchin monkeys.
What Does Illinois Law Say About Owning a Monkey?
Monkey ownership is regulated under 720 ILCS 5/48-10 of the Illinois Criminal Code.
Illinois defines a “primate” as a nonhuman member of the order Primates. The definition specifically includes monkeys as well as chimpanzees, gorillas, orangutans, bonobos, gibbons, lemurs, lorises, aye-ayes, and tarsiers.
State law provides that a person generally may not have a property right in, keep, harbor, care for, act as custodian of, or maintain possession of a dangerous animal or primate.
Therefore, buying a monkey and keeping it at home as an exotic pet is generally prohibited in Illinois.
Are There Exceptions to the Illinois Monkey Ban?
Illinois provides several narrow exceptions.
Primates may legally be maintained at qualifying facilities such as:
- Properly maintained zoological parks
- Federally licensed exhibits
- Circuses
- Colleges and universities
- Scientific institutions
- Research laboratories
- Veterinary hospitals
- Animal refuges
Animals kept under these institutional exceptions must generally be maintained in appropriate escape-proof enclosures.
These exceptions are designed for professional, scientific, educational, veterinary, or similar purposes. They do not create a general exotic-pet permit that allows an ordinary Illinois resident to purchase a monkey for personal companionship.
Can Someone Who Already Owned a Monkey Keep It?
Illinois created a grandfather provision when its primate restrictions were expanded.
A person who lawfully possessed a primate before January 1, 2011 could continue possessing that particular animal if the owner registered it with the local animal control administrator by April 1, 2011.
The registration had to include information such as the owner’s name, address and telephone number, along with information identifying the primate, including its type, age, photograph, identifying marks or microchip information, and current vaccinations.
This exemption does not allow someone today to acquire a new monkey simply because other Illinois residents may still possess grandfathered animals.
Registered owners must also notify animal control of certain events, including a change of address, the animal’s death or escape, or an incident in which the primate bites, scratches, or injures someone.
Can a Capuchin Monkey Be Kept as a Service Animal?
Illinois provides a very narrow exception for certain people with severe mobility impairments.
A person with a permanent disability involving a severe mobility impairment may possess one capuchin monkey to assist with daily activities when specific requirements are satisfied.
The capuchin must be obtained from and trained by a qualifying nonprofit organization whose mission includes improving the quality of life of people with severe mobility disabilities.
The owner must also comply with the applicable registration and notification requirements.
This exception is based on the monkey’s specialized assistance role and does not allow the general public to keep capuchin monkeys as pets.
Can You Buy a Monkey From Another State and Bring It to Illinois?
Generally, bringing a monkey into Illinois for ordinary private pet ownership would not avoid the state’s prohibition.
Illinois law focuses on possession and keeping of the primate within the state, rather than merely on where the animal was purchased.
Therefore, buying a monkey from a breeder or seller in another state does not create a right to keep the animal at an Illinois residence.
Similarly, an online seller’s willingness to sell or ship a monkey does not establish that possession is lawful under Illinois law.
Does Domestication Make a Monkey Legal?
No, attempting to domesticate or tame a monkey does not provide a defense.
Illinois law expressly states that it is not a defense to a violation that the person attempted to domesticate the dangerous animal or primate.
Therefore, arguments that a monkey has been hand-raised, is friendly, has lived around humans since birth, or behaves like a household pet do not remove it from Illinois’s statutory definition of a primate.
Can Local Governments Have Additional Monkey Restrictions?
Yes. Local animal-control, zoning, public-health, and exotic-animal rules may impose additional requirements.
However, a local ordinance cannot simply eliminate the statewide prohibition and give an ordinary resident authority that Illinois law does not provide.
Anyone operating a zoo, animal refuge, exhibition facility, or another qualifying establishment may also have to comply with federal licensing requirements and local zoning or animal-welfare regulations.
What Are the Penalties for Illegally Owning a Monkey?
Violating Illinois’s primate-possession law is a Class C misdemeanor.
Importantly, Illinois provides that each day of violation constitutes a separate offense. This means continuing to unlawfully keep the animal can potentially create repeated violations.
If there is an imminent danger to the public, authorities may seize a primate being kept contrary to the law and place it in an approved facility.
After a conviction, the animal must be confiscated and placed with an appropriate facility, such as a zoo, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. The owner can also be responsible for costs associated with seizure and confiscation.
Frequently Asked Questions
Q1. Can you legally keep a pet monkey in Illinois?
Generally no, Illinois prohibits ordinary private ownership or possession of monkeys and other nonhuman primates. Only specific statutory exemptions apply.
Q2. Can you get a permit to buy a monkey as a pet in Illinois?
Illinois does not provide an ordinary exotic-pet permit allowing members of the general public to purchase new monkeys for companionship. The statutory exceptions apply to specific institutions and limited qualifying individuals.
Q3. Can you keep a capuchin monkey in Illinois?
A capuchin monkey may be kept under a narrow exception when it is specially trained to assist a person with a permanent severe mobility impairment and all statutory requirements are satisfied. Ordinary pet ownership remains prohibited.
Q4. What happens if someone illegally keeps a monkey in Illinois?
A violation is a Class C misdemeanor, and each day can constitute a separate offense. The monkey may also be seized and ultimately confiscated and transferred to an approved facility.