Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CRIMINAL OFFENSES720 ILCS 5/Art. 1
(720 ILCS 5/) Criminal Code of 2012.
(720 ILCS 5/Art. 1 heading)
TITLE AND CONSTRUCTION OF ACT;
720 ILCS 5/1-1
(720 ILCS 5/1-1)
(from Ch. 38, par. 1-1)
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
(720 ILCS 5/1-2)
(from Ch. 38, par. 1-2)
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 constitute each
offense, and limit the condemnation of conduct as criminal when it is
(c) Prescribe penalties which are proportionate to the seriousness of
offenses and which permit recognition of differences in rehabilitation
possibilities among individual offenders;
(d) Prevent arbitrary or oppressive treatment of persons accused or
convicted of offenses.
(Source: Laws 1961, p. 1983.)
720 ILCS 5/1-3
(720 ILCS 5/1-3)
(from Ch. 38, par. 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 contempt or to employ
any sanction authorized by law for the enforcement of an order or civil
(Source: P.A. 79-1360.)
720 ILCS 5/1-4
(720 ILCS 5/1-4)
(from Ch. 38, par. 1-4)
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 conduct which
this Code makes punishable; and the civil injury is not merged in the
(Source: Laws 1961, p. 1983.)
720 ILCS 5/1-5
(720 ILCS 5/1-5)
(from Ch. 38, par. 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 accountable, if:
(1) the offense is committed either wholly or partly
(2) the conduct outside the State constitutes an
attempt to commit an offense within the State; or
(3) the conduct outside the State constitutes a
conspiracy to commit an offense within the State, and an act in furtherance of the conspiracy occurs in the State; or
(4) the conduct within the State constitutes an
attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this State and such other jurisdiction.
(b) An offense is committed partly within this State, if either the
conduct which is an element of the offense, or the result which is such an
element, occurs within the State. In a prosecution pursuant to paragraph
(3) of subsection (a) of Section
9-1, the attempt or commission of a forcible felony other than
second degree murder within this State is conduct which is an element
of the offense
for which a person is subject to prosecution in this State. In homicide, the
"result" is either the
physical contact which causes death, or the death itself; and if the body
of a homicide victim is found within the State, the death is presumed to
have occurred within the State.
(c) An offense which is based on an omission to perform a duty imposed
by the law of this State is committed within the State, regardless of the
location of the offender at the time of the omission.
(Source: P.A. 91-357, eff. 7-29-99.)
720 ILCS 5/1-6
(720 ILCS 5/1-6)
(from Ch. 38, par. 1-6)
Place of trial.
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 in any particular county in this State. When a defendant
contests the place of trial under this Section, all proceedings regarding this
issue shall be conducted under Section 114-1 of the Code of Criminal Procedure
of 1963. All objections of improper place of trial are waived by a defendant
unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of another is
located in one county and his victim is located in another county at the
time of the commission of the offense, trial may be had in either of
(c) Death and Cause of Death in Different Places or Undetermined.
If cause of death is inflicted in one county and death ensues in
another county, the offender may be tried in either county. If neither
the county in which the cause of death was inflicted nor the county in which
death ensued are known before trial, the offender may be tried in the county
where the body was found.
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the State is
consummated within this State, the offender shall be tried in the county
where the offense is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters bordering
on this State, the offender may be tried in any county adjacent to such
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle, watercraft
or aircraft passing within this State, and it cannot readily be
determined in which county the offense was committed, the offender may
be tried in any county through which such railroad car, vehicle,
watercraft or aircraft has passed.
A person who commits theft of property may be tried in any county in
which he exerted control over such property.
A person who commits the offense of bigamy may be tried in any county
where the bigamous marriage or bigamous cohabitation has occurred.
A person who commits the offense of kidnaping may be tried in any
county in which his victim has traveled or has been confined during the
course of the offense.
A person who commits the offense of pandering as set forth in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be tried in any
county in which the prostitution was practiced or in any county in which
any act in furtherance of the offense shall have been committed.
A person who commits the offense of treason may be tried in any
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in one county
and is received or circulated in another or other counties, the offender
shall be tried in the county where the defamation is spoken, printed or
written. If the defamation is spoken, printed or written outside this
state, or the offender resides outside this state, the offender may be
tried in any county in this state in which the defamation was circulated
(m) Inchoate Offenses.
A person who commits an inchoate offense may be tried in any county
in which any act which is an element of the offense, including the
agreement in conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets, agrees, or
attempts to aid another in the planning or commission of an offense in
another county, he may be tried for the offense in either county.
(o) Child Abduction.
A person who commits the offense of child abduction may be tried in any
county in which his victim has traveled, been detained, concealed or
removed to during the course of the offense. Notwithstanding the foregoing,
unless for good cause shown, the preferred place of trial shall be the
county of the residence of the lawful custodian.
(p) A person who commits the offense of narcotics racketeering may be
tried in any county where cannabis or a controlled substance which is the
basis for the charge of narcotics racketeering was used; acquired;
transferred or distributed to, from or through; or any county where any act
was performed to further the use; acquisition, transfer or distribution of
said cannabis or controlled substance; any money, property, property
interest, or any other asset generated by narcotics activities was
acquired, used, sold, transferred or distributed to, from or through; or,
any enterprise interest obtained as a result of narcotics racketeering was
acquired, used, transferred or distributed to, from or through, or where
any activity was conducted by the enterprise or any conduct to further the
interests of such an enterprise.
(q) A person who commits the offense of money laundering may be tried in
any county where any part of a financial transaction in criminally derived
property took place or in any county where any money or monetary instrument
which is the basis for the offense was acquired, used, sold, transferred or
distributed to, from or through.
(r) A person who commits the offense of cannabis trafficking or
controlled substance trafficking may be tried in any county.
(s) A person who commits the offense of online sale of stolen property, online theft by deception, or electronic fencing may be tried in any county where any one or more elements of the offense took place, regardless of whether the element of the offense was the result of acts by the accused, the victim or by another person, and regardless of whether the defendant was ever physically present within the boundaries of the county.
(t) A person who commits the offense of identity theft or aggravated identity theft may be tried in any one of the following counties in which: (1) the offense occurred;
(2) the information used to commit the offense was illegally used;
or (3) the victim resides.
If a person is charged with more than one violation of identity theft or aggravated identity theft and those violations may be tried in more than one county, any of those counties is a proper venue for all of the violations.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
720 ILCS 5/1-8
(720 ILCS 5/1-8)
(from Ch. 38, par. 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 whether any order of protection has previously been entered
in the instant proceeding or any other proceeding in which any party, or a
child of any party, or both, if relevant, has been designated as either a
respondent or a protected person.
(Source: P.A. 87-743.)