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.

720 ILCS 5/Art. 6

(720 ILCS 5/Art. 6 heading) ARTICLE 6.

RESPONSIBILITY

720 ILCS 5/6-1

(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

(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 terms "mental disease or mental defect" do not include an
abnormality manifested only by repeated criminal or otherwise antisocial
conduct.

(c) A person who, at the time of the commission of a criminal offense,
was not insane but was suffering from a mental illness, is not relieved
of criminal responsibility for his conduct and may be found guilty but mentally
ill.

(d) For purposes of this Section, "mental illness" or "mentally ill"
means a substantial disorder of thought, mood, or behavior which afflicted
a person at the time of the commission of the offense and which impaired
that person's judgment, but not to the extent that he is unable to appreciate
the wrongfulness of his behavior.

(e) When the defense of insanity has been presented during the trial,
the burden of proof is on the defendant to prove by clear and convincing
evidence that the defendant is not guilty by reason of insanity.  However,
the burden of proof remains on the State to prove beyond a reasonable doubt
each of the elements of each of the offenses charged, and, in a jury trial
where the insanity defense has been presented, the jury must be instructed
that it may not consider whether the defendant has met his burden of proving
that he is not guilty by reason of insanity until and unless it has first
determined that the State has proven the defendant guilty beyond a reasonable
doubt of the offense with which he is charged.

(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)

720 ILCS 5/6-3

(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 appreciate the criminality of his conduct or to conform his
conduct to the requirements of law.

(Source: P.A. 92-466, eff. 1-1-02.)

720 ILCS 5/6-4

(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 appropriate
evidence, when the affirmative defense of insanity is raised or the plea
of guilty but mentally ill is made.

(Source: P.A. 82-553.)