Chapter 720, CRIMINAL OFFENSES

(720 ILCS 5/3-3) (from Ch. 38, par. 3-3) Sec. 3-3. Multiple prosecutions for same act. (a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. (b) If the several offenses are known to t…

(720 ILCS 5/3-4) (from Ch. 38, par. 3-4) Sec. 3-4. Effect of former prosecution. (a) A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if that former prosecution: (1) resulted in either a conviction or an acquittal o…

(720 ILCS 5/3-5) (from Ch. 38, par. 3-5) Sec. 3-5. General limitations. (a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, a violation of subparagraph (F) of paragraph (1) of su…

(720 ILCS 5/3-6) Sec. 3-6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 or other applicable statute is extended under the following conditions: (a) A prosecution for theft involving a breach of a fiduciary oblig…

(720 ILCS 5/3-7) (from Ch. 38, par. 3-7) Sec. 3-7. Periods excluded from limitation. (a) The period within which a prosecution must be commenced does not include any period in which: (1) the defendant is not usually and publicly resident within this State; or (2) the defendant is…

(720 ILCS 5/3-8) (from Ch. 38, par. 3-8) Sec. 3-8. Limitation on offense based on series of acts. When an offense is based on a series of acts performed at different times, the period of limitation prescribed by this Article starts at the time when the last such act is committed.…

(720 ILCS 5/4-1) (from Ch. 38, par. 4-1) Sec. 4-1. Voluntary act. A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing. (Source: Laws 1961, p. 19…

(720 ILCS 5/4-2) (from Ch. 38, par. 4-2) Sec. 4-2. Possession as voluntary act. Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possessio…

(720 ILCS 5/4-3) (from Ch. 38, par. 4-3) Sec. 4-3. Mental state. (a) A person is not guilty of an offense, other than an offense which involves absolute liability, unless, with respect to each element described by the statute defining the offense, he acts while having one of the …

(720 ILCS 5/4-4) (from Ch. 38, par. 4-4) Sec. 4-4. Intent. A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or en…

(720 ILCS 5/4-5) (from Ch. 38, par. 4-5) Sec. 4-5. Knowledge. A person knows, or acts knowingly or with knowledge of: (a) The nature or attendant circumstances of his or her conduct, described by the statute defining the offense, when he or she is consciously aware that his or he…

(720 ILCS 5/4-6) (from Ch. 38, par. 4-6) Sec. 4-6. Recklessness. A person is reckless or acts recklessly when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offen…

(720 ILCS 5/4-7) (from Ch. 38, par. 4-7) Sec. 4-7. Negligence. A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, a…

(720 ILCS 5/4-8) (from Ch. 38, par. 4-8) Sec. 4-8. Ignorance or mistake. (a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) above, is a defense if it negatives the existence of the mental state which the statute prescrib…

(720 ILCS 5/4-9) (from Ch. 38, par. 4-9) Sec. 4-9. Absolute liability. A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in Sections 4-4 through 4-7 if the offense is a misdemeanor which is not punishable by incarc…

(720 ILCS 5/5-1) (from Ch. 38, par. 5-1) Sec. 5-1. Accountability for conduct of another. A person is responsible for conduct which is an element of an offense if the conduct is either that of the person himself, or that of another and he is legally accountable for such conduct a…

(720 ILCS 5/5-2) (from Ch. 38, par. 5-2) Sec. 5-2. When accountability exists. A person is legally accountable for the conduct of another when: (a) having a mental state described by the statute defining the offense, he or she causes another to perform the conduct, and the other …

(720 ILCS 5/5-3) (from Ch. 38, par. 5-3) Sec. 5-3. Separate conviction of person accountable. A person who is legally accountable for the conduct of another which is an element of an offense may be convicted upon proof that the offense was committed and that he was so accountable…

(720 ILCS 5/5-4) (from Ch. 38, par. 5-4) Sec. 5-4. Responsibility of corporation. (a) A corporation may be prosecuted for the commission of an offense if, but only if: (1) The offense is a misdemeanor, or is defined by Sections 11-20, 11-20.1 or 24-1 of this Code, or Section 44 o…

(720 ILCS 5/5-5) (from Ch. 38, par. 5-5) Sec. 5-5. Accountability for conduct of corporation. (a) A person is legally accountable for conduct which is an element of an offense and which, in the name or in behalf of a corporation, he performs or causes to be performed, to the same…

(720 ILCS 5/6-1) (from Ch. 38, par. 6-1) Sec. 6-1. Infancy. No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/6-2) (from Ch. 38, par. 6-2) Sec. 6-2. Insanity. (a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct. (b) The …

(720 ILCS 5/6-3) (from Ch. 38, par. 6-3) Sec. 6-3. Intoxicated or drugged condition. A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to app…

(720 ILCS 5/6-4) (from Ch. 38, par. 6-4) Sec. 6-4. Affirmative Defense. A defense based upon any of the provisions of Article 6 is an affirmative defense except that mental illness is not an affirmative defense, but an alternative plea or finding that may be accepted, under appro…

(720 ILCS 5/7-1) (from Ch. 38, par. 7-1) Sec. 7-1. Use of force in defense of person. (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's …

(720 ILCS 5/7-10) (from Ch. 38, par. 7-10) Sec. 7-10. Execution of death sentence. A public officer who, in the exercise of his official duty, puts a person to death pursuant to a sentence of a court of competent jurisdiction, is justified if he acts in accordance with the senten…

(720 ILCS 5/7-11) (from Ch. 38, par. 7-11) Sec. 7-11. Compulsion. (a) A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or gr…

(720 ILCS 5/7-12) (from Ch. 38, par. 7-12) Sec. 7-12. Entrapment. A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. Howeve…

(720 ILCS 5/7-13) (from Ch. 38, par. 7-13) Sec. 7-13. Necessity. Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avo…

(720 ILCS 5/7-14) (from Ch. 38, par. 7-14) Sec. 7-14. Affirmative defense. A defense of justifiable use of force, or of exoneration, based on the provisions of this Article is an affirmative defense. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/7-15) Sec. 7-15. Duty to render aid. It is the policy of the State of Illinois that all law enforcement officers must, as soon as reasonably practical, determine if a person is injured, whether as a result of a use of force or otherwise, and render medical aid and ass…

(720 ILCS 5/7-16) Sec. 7-16. Duty to intervene. (a) A peace officer, or any other person acting under the color of law who has an opportunity to intervene, shall have an affirmative duty to intervene to prevent or stop another peace officer in his or her presence from using any u…

(720 ILCS 5/7-2) (from Ch. 38, par. 7-2) Sec. 7-2. Use of force in defense of dwelling. (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful en…

(720 ILCS 5/7-3) (from Ch. 38, par. 7-3) Sec. 7-3. Use of force in defense of other property. (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's tresp…

(720 ILCS 5/7-4) (from Ch. 38, par. 7-4) Sec. 7-4. Use of force by aggressor. The justification described in the preceding Sections of this Article is not available to a person who: (a) is attempting to commit, committing, or escaping after the commission of, a forcible felony; o…

(720 ILCS 5/7-5) (from Ch. 38, par. 7-5) Sec. 7-5. Peace officer's use of force in making arrest. (a) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened…

(720 ILCS 5/7-5.5) Sec. 7-5.5. Prohibited use of force by a peace officer. (a) A peace officer, or any other person acting under the color of law, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation in the performance of his or her duties, unless …

(720 ILCS 5/7-6) (from Ch. 38, par. 7-6) Sec. 7-6. Private person's use of force in making arrest. (a) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summ…

(720 ILCS 5/7-7) (from Ch. 38, par. 7-7) Sec. 7-7. Private person's use of force in resisting arrest. A person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer or by a private person summoned and directed by a peace officer…

(720 ILCS 5/7-8) (from Ch. 38, par. 7-8) Sec. 7-8. Force likely to cause death or great bodily harm. (a) Force which is likely to cause death or great bodily harm, within the meaning of Sections 7-5 and 7-6 includes: (1) The firing of a firearm in the direction of the person to b…

(720 ILCS 5/7-9) (from Ch. 38, par. 7-9) Sec. 7-9. Use of force to prevent escape. (a) A peace officer or other person who has an arrested person in his custody is justified in the use of force, except deadly force, to prevent the escape of the arrested person from custody as he …

(720 ILCS 5/8-1) (from Ch. 38, par. 8-1) Sec. 8-1. Solicitation and solicitation of murder. (a) Solicitation. A person commits the offense of solicitation when, with intent that an offense be committed, other than first degree murder, he or she commands, encourages, or requests a…

(720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2) Sec. 8-1.2. Solicitation of murder for hire. (a) A person commits the offense of solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he or she procures another to commit that offe…

(720 ILCS 5/8-2) (from Ch. 38, par. 8-2) Sec. 8-2. Conspiracy. (a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of co…

(720 ILCS 5/8-2.1) Sec. 8-2.1. Conspiracy against civil rights. (a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of…

(720 ILCS 5/8-3) (from Ch. 38, par. 8-3) Sec. 8-3. Defense. It is a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of an offense. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/8-4) (from Ch. 38, par. 8-4) Sec. 8-4. Attempt. (a) Elements of the offense. A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense. (b) I…

(720 ILCS 5/8-5) (from Ch. 38, par. 8-5) Sec. 8-5. Multiple convictions. No person shall be convicted of both the inchoate and the principal offense. (Source: Laws 1961, p. 1983.)

(720 ILCS 5/8-6) (from Ch. 38, par. 8-6) Sec. 8-6. Offense. For the purposes of this Article, "offense" shall include conduct which if performed in another State would be criminal by the laws of that State and which conduct if performed in this State would be an offense under the…

(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) Sec. 9-1. First degree murder. (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (1) he or she either intends to kill or do great bodily harm to …