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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961.
720 ILCS 5/9‑3
(720 ILCS 5/9‑3) (from Ch. 38, par. 9‑3)
Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful
justification commits involuntary manslaughter if his acts whether lawful
or unlawful which cause the death are such as are likely to cause death or
great bodily harm to some individual, and he performs them recklessly,
except in cases in which the cause of the death consists of the driving of
a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft,
in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e‑2) Except as provided in subsection (e‑3), in cases involving reckless homicide in which the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years. (e‑3) In cases involving reckless homicide in which (i) the offense is committed upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties and (ii) the defendant causes the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 6 years and not more than 28 years.
(e‑5) (Blank).
(e‑7) Except as otherwise provided in subsection (e‑8), in cases involving
reckless homicide in which the defendant: (1)
was
driving in a construction or maintenance zone, as defined in Section 11‑605.1
of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years.
(e‑8) In cases involving reckless homicide in which the defendant caused the deaths of 2 or more persons as part of a single course of conduct and: (1) was
driving in a construction or maintenance zone, as defined in Section 11‑605.1
of the Illinois Vehicle Code, or (2) was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 6 years and not more than 28 years.
(e‑9) In cases involving reckless homicide in which the defendant drove a vehicle and used an incline in a roadway, such as a railroad crossing, bridge
approach, or hill, to cause the vehicle to become airborne, and caused the deaths of 2 or more persons as
part of a single course of conduct,
the penalty is a Class 2 felony.
(e‑10) In cases involving involuntary manslaughter or reckless homicide resulting in the death of a peace officer killed in the performance of his or her duties as a peace officer, the penalty is a Class 2 felony.
(e‑11)
In cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone, as defined in Section 11‑605 of the Illinois Vehicle Code, while children are present or in a construction or maintenance zone, as defined in Section 11‑605.1 of the Illinois Vehicle Code, when construction or maintenance workers are present the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also either driving at a speed of more than 20 miles per hour in excess of the posted speed limit or violating Section 11‑501 of the Illinois Vehicle Code.
(e‑12) Except as otherwise provided in subsection (e‑13), in cases involving
reckless homicide in which the offense was committed as result
of a violation of subsection (c) of Section 11‑907 of the Illinois Vehicle Code,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years. (e‑13) In cases involving
reckless homicide in which the offense was committed as result
of a violation of subsection (c) of Section 11‑907 of the Illinois Vehicle Code and the defendant caused the deaths of 2 or more persons as
part of a single course of conduct,
the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 6 years and not more than 28 years.
(e‑14)
In cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code. The penalty for a reckless homicide in which the driver also violated subsection (c) of Section 11‑907 of the Illinois Vehicle Code is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(f) In cases involving involuntary manslaughter in which the victim was a
family or household member as defined in paragraph (3) of Section 112A‑3 of the
Code of
Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for which a
person if sentenced to a term of imprisonment, shall be sentenced to a term of
not less than 3 years and not more than 14 years.
(Source: P.A. 95‑467, eff. 6‑1‑08; 95‑551, eff. 6‑1‑08; 95‑587, eff. 6‑1‑08; 95‑591, eff. 9‑10‑07; 95‑803, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 95‑884, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)
720 ILCS 5/9‑3.1
(720 ILCS 5/9‑3.1) (from Ch. 38, par. 9‑3.1)
Sec. 9‑3.1.
(Renumbered).
(Source: Renumbered by P.A. 96‑710, eff. 1‑1‑10.)
720 ILCS 5/9‑3.2
(720 ILCS 5/9‑3.2) (from Ch. 38, par. 9‑3.2)
Sec. 9‑3.2.
Involuntary Manslaughter and Reckless Homicide of an
Unborn Child. (a) A person who unintentionally kills an unborn child
without lawful justification commits involuntary manslaughter of an unborn
child if his acts whether lawful or unlawful which cause the death are such
as are likely to cause death or great bodily harm to some individual, and
he performs them recklessly, except in cases in which the cause of death
consists of the driving of a motor vehicle, in which case the person
commits reckless homicide of an unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3 felony.
(c) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from fertilization until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is killed.
(d) This Section shall not apply to acts which cause the death of an
unborn child if those acts were committed during any abortion, as defined
in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the
pregnant woman has
consented. This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed to prohibit
the prosecution of any person under any other provision of law, nor shall
it be construed to preclude any civil cause of action.
(Source: P.A. 84‑1414.)
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720 ILCS 5/9‑3.3
(720 ILCS 5/9‑3.3) (from Ch. 38, par. 9‑3.3)
Sec. 9‑3.3. Drug‑induced homicide.
(a) A person who violates Section
401 of
the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled
substance to another, and any person's death is caused by the injection,
inhalation or ingestion of any amount of that controlled substance, commits the
offense of drug‑induced homicide.
(b) Sentence. Drug‑induced homicide is a Class X felony.
(c) A person who commits drug‑induced homicide by violating subsection (a)
or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act
commits a Class X felony for which the
defendant shall in addition to a sentence authorized by law, be sentenced
to a term of imprisonment of not less than 15 years and not more than 30
years or an extended term of not less than 30 years and not more than 60 years.
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑560, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.)
720 ILCS 5/9‑3.4
(720 ILCS 5/9‑3.4) (was 720 ILCS 5/9‑3.1)
Sec. 9‑3.4. Concealment of homicidal death. (a) A person commits the offense of concealment of homicidal death when
he or she knowingly conceals the death of any other person with knowledge that such other
person has died by homicidal means.
(b) Nothing in this Section prevents the defendant from also being
charged with and tried for the first degree murder, second degree
murder, or involuntary manslaughter of the person whose
death is concealed.
(b‑5) For purposes of this Section: "Conceal" means the performing of some act or acts for the purpose of preventing or
delaying the discovery of a death by homicidal means. "Conceal" means something more than
simply withholding knowledge or failing to disclose information. "Homicidal means" means any act or acts, lawful
or unlawful, of a person that cause the death of another person. (c) Sentence. Concealment of homicidal death is a Class 3 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)
(720 ILCS 5/Art. 10 heading)
ARTICLE 10.
KIDNAPING AND RELATED OFFENSES
720 ILCS 5/10‑1
(720 ILCS 5/10‑1) (from Ch. 38, par. 10‑1)
Sec. 10‑1. Kidnapping. (a) A person commits the offense of kidnapping when he or she knowingly: (1) and secretly confines another against his or her
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(2) by force or threat of imminent force carries
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another from one place to another with intent secretly to confine that other person against his or her will; or
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(3) by deceit or enticement induces another to go
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from one place to another with intent secretly to confine that other person against his or her will.
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(b) Confinement of a child under the age of 13 years, or of a severely or profoundly mentally retarded person, is against that child's or person's
will within the meaning of this Section if that confinement is without the
consent of that child's or person's parent or legal guardian.
(c) Sentence. Kidnapping is a Class 2 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)
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720 ILCS 5/10‑2
(720 ILCS 5/10‑2) (from Ch. 38, par. 10‑2)
Sec. 10‑2. Aggravated kidnaping.
(a) A person commits the offense of
aggravated kidnaping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from
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the person kidnaped or from any other person;
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(2) takes as his or her victim a child under the age
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of 13 years, or a severely or profoundly mentally retarded person;
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(3) inflicts great bodily harm, other than by the
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discharge of a firearm, or commits another felony upon his or her victim;
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(4) wears a hood, robe, or mask or conceals his or
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(5) commits the offense of kidnaping while armed
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with a dangerous weapon, other than a firearm, as defined in Section 33A‑1 of this Code;
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(6) commits the offense of kidnaping while armed
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(7) during the commission of the offense of
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kidnaping, personally discharges a firearm; or
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(8) during the commission of the offense of
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kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
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As used in this Section, "ransom" includes money, benefit, or other
valuable thing or concession.
(b) Sentence. Aggravated kidnaping
in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a Class X felony.
A violation of subsection (a)(6) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court. A violation of
subsection (a)(7) is a Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court. A violation of subsection (a)(8) is
a Class X felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense of
aggravated kidnaping shall be sentenced to a term of natural life imprisonment; except
that a sentence of natural life imprisonment shall not be
imposed under this Section unless the second or subsequent offense was
committed after conviction on the first offense.
(Source: P.A. 96‑710, eff. 1‑1‑10.)
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720 ILCS 5/10‑3
(720 ILCS 5/10‑3) (from Ch. 38, par. 10‑3)
Sec. 10‑3. Unlawful
restraint.
(a) A person commits the offense of unlawful restraint when he or she knowingly
without legal authority detains another. (b) Sentence. Unlawful restraint is a Class 4 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)
720 ILCS 5/10‑3.1
(720 ILCS 5/10‑3.1) (from Ch. 38, par. 10‑3.1)
Sec. 10‑3.1. Aggravated unlawful restraint. (a) A person commits the
offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.
(b) Sentence. Aggravated unlawful restraint is a Class 3 felony.
(Source: P.A. 96‑710, eff. 1‑1‑10.)
720 ILCS 5/10‑4
(720 ILCS 5/10‑4) (from Ch. 38, par. 10‑4)
Sec. 10‑4.
Forcible Detention.) (a) A person commits the offense
of forcible detention when he holds an individual hostage without lawful authority
for the purpose of obtaining performance by a third person of demands made by the
person holding the hostage, and
(1) the person holding the hostage is armed with a dangerous weapon as
defined in Section 33A‑1 of this Code, or
(2) the hostage is known to the person holding him to be a peace officer
or a correctional employee engaged in the performance of his official duties.
(b) Forcible detention is a Class 2 felony.
(Source: P.A. 79‑941.)
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