Chapter 720, CRIMINAL OFFENSES

(720 ILCS 5/1-1) (from Ch. 38, par. 1-1) Sec. 1-1. Short title. This Act may be cited as the Criminal Code of 2012. (Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/1-2) (from Ch. 38, par. 1-2) Sec. 1-2. General purposes. The provisions of this Code shall be construed in accordance with the general purposes hereof, to: (a) Forbid and prevent the commission of offenses; (b) Define adequately the act and mental state which constitu…

(720 ILCS 5/1-3) (from Ch. 38, par. 1-3) Sec. 1-3. Applicability of common law. No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State. However, this provision does not affect the power of a court to punish for cont…

(720 ILCS 5/1-4) (from Ch. 38, par. 1-4) Sec. 1-4. Civil remedies preserved. This Code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, for any condu…

(720 ILCS 5/1-5) (from Ch. 38, par. 1-5) Sec. 1-5. State criminal jurisdiction. (a) A person is subject to prosecution in this State for an offense which he commits, while either within or outside the State, by his own conduct or that of another for which he is legally accountabl…

(720 ILCS 5/1-6) (from Ch. 38, par. 1-6) Sec. 1-6. Place of trial. (a) Generally. Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law. The State is not required to prove during trial that the alleged offense occurred …

(720 ILCS 5/1-8) (from Ch. 38, par. 1-8) Sec. 1-8. Order of protection; status. Whenever relief sought under this Code is based on allegations of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, the court, before granting relief, shall determine whethe…

(720 ILCS 5/2-0.5) (was 720 ILCS 5/2-.5) Sec. 2-0.5. Definitions. For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning. (Source: P.A. 95-3…

(720 ILCS 5/2-1) (from Ch. 38, par. 2-1) Sec. 2-1. "Acquittal". "Acquittal" means a verdict or finding of not guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. (Source: Laws 1961, p. 198…

(720 ILCS 5/2-10) (from Ch. 38, par. 2-10) Sec. 2-10. "Includes". "Includes" or "including" means comprehending among other particulars, without limiting the generality of the foregoing word or phrase. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1) Sec. 2-10.1. "Person with a severe or profound intellectual disability" means a person (i) whose intelligence quotient does not exceed 40 or (ii) whose intelligence quotient does not exceed 55 and who suffers from significant mental …

(720 ILCS 5/2-10.2) Sec. 2-10.2. Laser or laser device. "Laser" or "laser device" means any small or hand-held battery powered device which converts incident electromagnetic radiation of mixed frequencies to one or more discrete frequencies of highly amplified and coherent visibl…

(720 ILCS 5/2-10.3) Sec. 2-10.3. Laser gunsight. "Laser gunsight" means any battery powered laser device manufactured to function as a firearm aiming device or sold as a firearm aiming device. (Source: P.A. 91-672, eff. 1-1-00.)

(720 ILCS 5/2-11) (from Ch. 38, par. 2-11) Sec. 2-11. "Misdemeanor". "Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed. (Source: P.A. 77-2638.)

(720 ILCS 5/2-11.1) Sec. 2-11.1. "Motor vehicle". "Motor vehicle" has the meaning ascribed to it in the Illinois Vehicle Code. (Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/2-12) (from Ch. 38, par. 2-12) Sec. 2-12. "Offense". "Offense" means a violation of any penal statute of this State. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-12.1) Sec. 2-12.1. Part day program. "Part day program" means part day programs for children ages 3 until they turn 5 or begin kindergarten, whichever is later, where the child is present for a maximum of 3 hours per day and the parent or guardian is not on site. (S…

(720 ILCS 5/2-13) (from Ch. 38, par. 2-13) Sec. 2-13. "Peace officer". "Peace officer" means (i) any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends t…

(720 ILCS 5/2-14) (from Ch. 38, par. 2-14) Sec. 2-14. "Penal institution". "Penal institution" means a penitentiary, state farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaitin…

(720 ILCS 5/2-15) (from Ch. 38, par. 2-15) Sec. 2-15. "Person". "Person" means an individual, natural person, public or private corporation, government, partnership, unincorporated association, or other entity. (Source: P.A. 97-597, eff. 1-1-12.)

(720 ILCS 5/2-15.5) Sec. 2-15.5. "Personally discharged a firearm". A person is considered to have "personally discharged a firearm" when he or she, while armed with a firearm, knowingly and intentionally fires a firearm causing the ammunition projectile to be forcefully expelled…

(720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a) Sec. 2-15a. "Person with a physical disability". "Person with a physical disability" means a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder, or congenital …

(720 ILCS 5/2-15b) Sec. 2-15b. "Place of worship" means a church, synagogue, mosque, temple, or other building, structure, or place used primarily for religious worship and includes the grounds of a place of worship. (Source: P.A. 91-360, eff. 7-29-99.)

(720 ILCS 5/2-16) (from Ch. 38, par. 2-16) Sec. 2-16. "Prosecution". "Prosecution" means all legal proceedings by which a person's liability for an offense is determined, commencing with the return of the indictment or the issuance of the information, and including the final disp…

(720 ILCS 5/2-17) (from Ch. 38, par. 2-17) Sec. 2-17. "Public employee". "Public employee" means a person, other than a public officer, who is authorized to perform any official function on behalf of, and is paid by, the State or any of its political subdivisions. (Source: Laws 1…

(720 ILCS 5/2-18) (from Ch. 38, par. 2-18) Sec. 2-18. "Public officer". "Public officer" means a person who is elected to office pursuant to statute, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to d…

(720 ILCS 5/2-19) (from Ch. 38, par. 2-19) Sec. 2-19. "Reasonable belief". "Reasonable belief" or "reasonably believes" means that the person concerned, acting as a reasonable man, believes that the described facts exist. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-19.5) Sec. 2-19.5. "School" means a public, private, or parochial elementary or secondary school, community college, college, or university and includes the grounds of a school. (Source: P.A. 91-360, eff. 7-29-99.)

(720 ILCS 5/2-2) (from Ch. 38, par. 2-2) Sec. 2-2. "Act". "Act" includes a failure or omission to take action. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-20) (from Ch. 38, par. 2-20) Sec. 2-20. "Solicit". "Solicit" or "solicitation" means to command, authorize, urge, incite, request, or advise another to commit an offense. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-21) (from Ch. 38, par. 2-21) Sec. 2-21. "State". "State" or "this State" means the State of Illinois, and all land and water in respect to which the State of Illinois has either exclusive or concurrent jurisdiction, and the air space above such land and water. "Othe…

(720 ILCS 5/2-22) (from Ch. 38, par. 2-22) Sec. 2-22. "Statute". "Statute" means the Constitution or an Act of the General Assembly of this State. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-3) (from Ch. 38, par. 2-3) Sec. 2-3. "Another". "Another" means a person or persons as defined in this Code other than the offender. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-3.5) Sec. 2-3.5. "Community policing volunteer" means a person who is summoned or directed by a peace officer or any person actively participating in a community policing program and who is engaged in lawful conduct intended to assist any unit of government in enfor…

(720 ILCS 5/2-3.6) Sec. 2-3.6. "Armed with a firearm". Except as otherwise provided in a specific Section, a person is considered "armed with a firearm" when he or she carries on or about his or her person or is otherwise armed with a firearm. (Source: P.A. 91-404, eff. 1-1-00.)…

(720 ILCS 5/2-4) (from Ch. 38, par. 2-4) Sec. 2-4. "Conduct". "Conduct" means an act or a series of acts, and the accompanying mental state. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-5) (from Ch. 38, par. 2-5) Sec. 2-5. "Conviction". "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdict…

(720 ILCS 5/2-5.1) Sec. 2-5.1. Early care and education center. "Early care and education center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969. (Source: P.A. 104-480, eff. 7-1-26.)

(720 ILCS 5/2-5.2) Sec. 2-5.2. Early care and education home. "Early care and education home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969. (Source: P.A. 104-480, eff. 7-1-26.)

(720 ILCS 5/2-6) (from Ch. 38, par. 2-6) Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, h…

(720 ILCS 5/2-6.5) Sec. 2-6.5. Emergency medical technician. "Emergency medical technician-ambulance", "emergency medical technician-intermediate", and "emergency medical technician-paramedic" have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.…

(720 ILCS 5/2-6.6) Sec. 2-6.6. Emergency management worker. "Emergency management worker" shall include the following: (a) any person, paid or unpaid, who is a member of a local or county emergency services and disaster agency as defined by the Illinois Emergency Management Agenc…

(720 ILCS 5/2-7) (from Ch. 38, par. 2-7) Sec. 2-7. "Felony". "Felony" means an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided. (Source: P.A. 103-51, eff. 1-1-24.)

(720 ILCS 5/2-7.1) Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm" and "firearm ammunition" have the meanings ascribed to them in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 91-544, eff. 1-1-00.)

(720 ILCS 5/2-7.5) Sec. 2-7.5. "Firearm". Except as otherwise provided in a specific Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 95-331, eff. 8-21-07.)

(720 ILCS 5/2-8) (from Ch. 38, par. 2-8) Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, resident…

(720 ILCS 5/2-8.1) Sec. 2-8.1. Group early care and education home. "Group early care and education home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969. (Source: P.A. 104-480, eff. 7-1-26.)

(720 ILCS 5/2-9) (from Ch. 38, par. 2-9) Sec. 2-9. "Included offense". "Included offense" means an offense which (a) Is established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commissio…

(720 ILCS 5/3-1) (from Ch. 38, par. 3-1) Sec. 3-1. Presumption of innocence and proof of guilt. Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt. (Source: Laws 1961, p. …

(720 ILCS 5/3-2) (from Ch. 38, par. 3-2) Sec. 3-2. Affirmative defense. (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon. (b) If the issue involve…