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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 2012.

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.)

720 ILCS 5/Art. 7

 
    (720 ILCS 5/Art. 7 heading)
ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION

720 ILCS 5/7-1

    (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 imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

720 ILCS 5/7-2

    (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 entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
        (1) The entry is made or attempted in a violent,
    
riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
        (2) He reasonably believes that such force is
    
necessary to prevent the commission of a felony in the dwelling.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

720 ILCS 5/7-3

    (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 trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

720 ILCS 5/7-4

    (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; or
        (b) initially provokes the use of force against
    
himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or
        (c) otherwise initially provokes the use of force
    
against himself, unless:
            (1) such force is so great that he reasonably
        
believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
            (2) in good faith, he withdraws from physical
        
contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-5

    (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
    (Text of Section before amendment by P.A. 101-652)
    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 resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to effect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reasonably believes both that:
        (1) Such force is necessary to prevent the arrest
    
from being defeated by resistance or escape; and
        (2) The person to be arrested has committed or
    
attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
    (b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
(Source: P.A. 84-1426.)
 
    (Text of Section after amendment by P.A. 101-652)
    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 resistance to the arrest. He is justified in the use of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to effect the arrest and of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes, based on the totality of the circumstances, that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reasonably believes, based on the totality of the circumstances, both that:
        (1) Such force is necessary to prevent the arrest
    
from being defeated by resistance or escape; the officer reasonably believes that the person to be arrested cannot be apprehended at a later date, and the officer reasonably believes that the person to be arrested is likely to cause great bodily harm to another; and
        (2) The person to be arrested just committed or
    
attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
    As used in this subsection, "retreat" does not mean tactical repositioning or other de-escalation tactics.
    (a-5) Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a peace officer and to warn that deadly force may be used, unless the officer has reasonable grounds to believe that the person is aware of those facts.
    (a-10) A peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself if an reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.
    (a-15) A peace officer shall not use deadly force against a person who is suspected of committing a property offense, unless that offense is terrorism or unless deadly force is otherwise authorized by law.
    (b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
    (c) The authority to use physical force conferred on peace officers by this Article is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.
    (d) Peace officers shall use deadly force only when reasonably necessary in defense of human life. In determining whether deadly force is reasonably necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer.
    (e) The decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.
    (f) The decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time of the decision, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.
    (g) Law enforcement agencies are encouraged to adopt and develop policies designed to protect individuals with physical, mental health, developmental, or intellectual disabilities, who are significantly more likely to experience greater levels of physical force during police interactions, as these disabilities may affect the ability of a person to understand or comply with commands from peace officers.
    (h) As used in this Section:
        (1) "Deadly force" means any use of force that
    
creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.
        (2) A threat of death or serious bodily injury is
    
"imminent" when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
        (3) "Totality of the circumstances" means all facts
    
known to the peace officer at the time, or that would be known to a reasonable officer in the same situation, including the conduct of the officer and the subject leading up to the use of deadly force.
(Source: P.A. 101-652, eff. 7-1-21.)

720 ILCS 5/7-5.5

    (720 ILCS 5/7-5.5)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 7-5.5. Prohibited use of force by a peace officer.
    (a) A peace officer shall not use a chokehold in the performance of his or her duties, unless deadly force is justified under Article 7 of this Code.
    (b) A peace officer shall not use a chokehold, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion.
    (c) As used in this Section, "chokehold" means applying any direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air. "Chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 7-5.5. Prohibited use of force by a peace officer.
    (a) A peace officer, or any person acting on behalf of a peace officer, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation in the performance of his or her duties, unless deadly force is justified under Article 7 of this Code.
    (b) A peace officer, or any person acting on behalf of a peace officer, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion.
    (c) As used in this Section, "chokehold" means applying any direct pressure to the throat, windpipe, or airway of another.
    (d) As used in this Section, "restraint above the shoulders with risk of positional asphyxiation" means a use of a technique used to restrain a person above the shoulders, including the neck or head, in a position which interferes with the person's ability to breathe after the person no longer poses a threat to the officer or any other person.
    (e) A peace officer, or any person acting on behalf of a peace officer, shall not:
        (i) use force as punishment or retaliation;
        (ii) discharge kinetic impact projectiles and all
    
other non-or less-lethal projectiles in a manner that targets the head, pelvis, or back;
        (iii) discharge firearms or kinetic impact
    
projectiles indiscriminately into a crowd; or
        (iv) use chemical agents or irritants, including
    
pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.
(Source: P.A. 101-652, eff. 7-1-21.)

720 ILCS 5/7-6

    (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 summoned or directed by a peace officer to make such arrest, except that he is justified in the use of force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another.
    (b) A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-7

    (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 to make the arrest, even if he believes that the arrest is unlawful and the arrest in fact is unlawful.
(Source: P.A. 86-1475.)

720 ILCS 5/7-8

    (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 be arrested, even though no intent exists to kill or inflict great bodily harm; and
        (2) The firing of a firearm at a vehicle in which the
    
person to be arrested is riding.
    (b) A peace officer's discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause death or great bodily harm within the meaning of Sections 7-5 and 7-6.
(Source: P.A. 90-138, eff. 1-1-98.)

720 ILCS 5/7-9

    (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
    (Text of Section before amendment by P.A. 101-652)
    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 such force to prevent the escape of the arrested person from custody as he would be justified in using if he were arresting such person.
    (b) A guard or other peace officer is justified in the use of force, including force likely to cause death or great bodily harm, which he reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
(Source: Laws 1961, p. 1983.)
 
    (Text of Section after amendment by P.A. 101-652)
    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 would be justified in using if he were arresting such person.
    (b) A guard or other peace officer is justified in the use of force which he reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
    (c) Deadly force shall not be used to prevent escape under this Section unless, based on the totality of the circumstances, deadly force is necessary to prevent death or great bodily harm to himself or such other person.
(Source: P.A. 101-652, eff. 7-1-21.)

720 ILCS 5/7-10

    (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 sentence pronounced and the law prescribing the procedure for execution of a death sentence.
(Source: Laws 1961, p. 1983.)

720 ILCS 5/7-11

    (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 great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct.
    (b) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion, except that stated in subsection (a).
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/7-12

    (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. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.
(Source: P.A. 89-332, eff. 1-1-96.)