2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 4 - Criminal Act And Mental State
(720 ILCS 5/Art. 4 heading) ARTICLE 4. CRIMINAL ACT AND MENTAL STATE
(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. 1983.)
(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 possession. (Source: Laws 1961, p. 1983.)
(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 mental
states described in Sections 4‑‑4 through 4‑‑7. (b) If the statute defining an offense prescribed a particular mental
state with respect to the offense as a whole, without distinguishing among
the elements thereof, the prescribed mental state applies to each such
element. If the statute does not prescribe a particular mental state
applicable to an element of an offense (other than an offense which
involves absolute liability), any mental state defined in Sections 4‑‑4,
4‑‑5 or 4‑‑6 is applicable. (c) Knowledge that certain conduct constitutes an offense, or knowledge
of the existence, meaning, or application of the statute defining an
offense, is not an element of the offense unless the statute clearly
defines it as such. (Source: Laws 1961, p. 1983.)
(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
engage in that conduct. (Source: Laws 1961, p. 1983.)
(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 conduct, described by
the statute defining the offense, when he is consciously aware that his
conduct is of such nature or that such circumstances exist. Knowledge of a
material fact includes awareness of the substantial probability that such
fact exists. (b) The result of his conduct, described by the statute defining the
offense, when he is consciously aware that such result is practically
certain to be caused by his conduct. Conduct performed knowingly or with knowledge is performed wilfully,
within the meaning of a statute using the latter term, unless the statute
clearly requires another meaning. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/4‑6)(from Ch. 38, par. 4‑6) Sec. 4‑6. Recklessness. A person is reckless or acts recklessly, when he consciously disregards
a substantial and unjustifiable risk that circumstances exist or that a
result will follow, described by the statute defining the offense; and such
disregard constitutes a gross deviation from the standard of care which a
reasonable person would exercise in the situation. An act performed
recklessly is performed wantonly, within the meaning of a statute using the
latter term, unless the statute clearly requires another meaning. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/4‑7)(from Ch. 38, par. 4‑7) Sec. 4‑7. Negligence. A person is negligent, or acts negligently, when he 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; and such
failure constitutes a substantial deviation from the standard of care which
a reasonable person would exercise in the situation. (Source: Laws 1961, p. 1983.)
(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 prescribes
with respect to an element of the offense. (b) A person's reasonable belief that his conduct does not constitute an
offense is a defense if: (1) The offense is defined by an administrative regulation or order
which is not known to him and has not been published or otherwise made
reasonably available to him, and he could not have acquired such knowledge
by the exercise of due diligence pursuant to facts known to him; or (2) He acts in reliance upon a statute which later is determined to
be invalid; or (3) He acts in reliance upon an order or opinion of an Illinois
Appellate or Supreme Court, or a United States appellate court later
overruled or reversed; (4) He acts in reliance upon an official interpretation of the
statute, regulation or order defining the offense, made by a public officer
or agency legally authorized to interpret such statute. (c) Although a person's ignorance or mistake of fact or law, or
reasonable belief, described in this Section 4‑‑8 is a defense to the
offense charged, he may be convicted of an included offense of which he
would be guilty if the fact or law were as he believed it to be. (d) A defense based upon this Section 4‑‑8 is an affirmative defense. (Source: Laws 1961, p. 1983.)
(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 incarceration or
by a fine exceeding $500, or the statute defining the offense clearly
indicates a legislative purpose to impose absolute liability for the
conduct described. (Source: Laws 1961, p. 1983.)
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