2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Title I - General Provisions
(720 ILCS 5/Tit. I heading) TITLE I. GENERAL PROVISIONS
(720 ILCS 5/Art. 1 heading) ARTICLE 1. TITLE AND CONSTRUCTION OF ACT; STATE JURISDICTION
(720 ILCS 5/1‑1)(from Ch. 38, par. 1‑1) Sec. 1‑1. Short
title. This Act shall be known and may be cited as the "Criminal Code of 1961". (Source: Laws 1961, p. 1983.)
(720 ILCS 5/1‑2)(from Ch. 38, par. 1‑2) Sec. 1‑2. General purposes. 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
without fault; (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)(from Ch. 38, par. 1‑3) Sec. 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
judgment. (Source: P.A. 79‑1360.)
(720 ILCS 5/1‑4)(from Ch. 38, par. 1‑4) Sec. 1‑4. Civil
remedies preserved. 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
offense. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/1‑5)(from Ch. 38, par. 1‑5) Sec. 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
within the State; or
(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)(from Ch. 38, par. 1‑6) (Text of Section from P.A. 94‑51) Sec. 1‑6. Place of trial. (a) Generally. 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
said counties. (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
navigable water. (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. (g) Theft. A person who commits theft of property may be tried in any county in
which he exerted control over such property. (h) Bigamy. A person who commits the offense of bigamy may be tried in any county
where the bigamous marriage or bigamous cohabitation has occurred. (i) Kidnaping. 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. (j) Pandering. A person who commits the offense of pandering 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. (k) Treason. A person who commits the offense of treason may be tried in any
county. (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
or received. (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 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. 94‑51, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑179) Sec. 1‑6. Place of trial. (a) Generally. 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
said counties. (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
navigable water. (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. (g) Theft. A person who commits theft of property may be tried in any county in
which he exerted control over such property. (h) Bigamy. A person who commits the offense of bigamy may be tried in any county
where the bigamous marriage or bigamous cohabitation has occurred. (i) Kidnaping. 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. (j) Pandering. A person who commits the offense of pandering 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. (k) Treason. A person who commits the offense of treason may be tried in any
county. (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
or received. (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.
(Source: P.A. 94‑179, eff. 7‑12‑05.)
(720 ILCS 5/1‑8)(from Ch. 38, par. 1‑8) Sec. 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.)
(720 ILCS 5/Art. 2 heading) ARTICLE 2. GENERAL DEFINITIONS
(720 ILCS 5/2‑0.5)(was 720 ILCS 5/2‑.5) Sec. 2‑0.5. For the purposes of this Code, the words and phrases described
in this Article have the meanings designated in this Article, except when a
particular context clearly requires a different meaning. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑1)(from Ch. 38, par. 2‑1) Sec. 2‑1. "Acquittal". "Acquittal" means a verdict or finding of not guilty of an offense,
rendered by a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑2)(from Ch. 38, par. 2‑2) Sec. 2‑2. "Act". "Act" includes a failure or omission to take action. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑3)(from Ch. 38, par. 2‑3) Sec. 2‑3. "Another". "Another" means a person or persons as defined in this Code other than
the offender. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑3.5) Sec. 2‑3.5. "Community policing volunteer" means a person who is summoned
or directed by a peace officer or any person actively participating in a
community policing program and who is engaged in lawful conduct intended to
assist any unit of government in enforcing any criminal or civil law. For the
purpose of this Section, "community policing program" means any plan, system or
strategy established by and conducted under the auspices of a law enforcement
agency in which citizens participate with and are guided by the law enforcement
agency and work with members of that agency to reduce or prevent crime within a
defined geographic area. (Source: P.A. 90‑651, eff. 1‑1‑99.)
(720 ILCS 5/2‑3.6) Sec. 2‑3.6. "Armed with a firearm". Except as otherwise provided in a
specific Section, a person is considered "armed with a firearm" when he or she
carries on or about his or her person or is otherwise armed with a firearm. (Source: P.A. 91‑404, eff. 1‑1‑00.)
(720 ILCS 5/2‑4)(from Ch. 38, par. 2‑4) Sec. 2‑4. "Conduct". "Conduct" means an act or a series of acts, and the accompanying mental
state. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑5)(from Ch. 38, par. 2‑5) Sec. 2‑5. "Conviction". "Conviction" means a judgment of conviction or sentence entered upon a
plea of guilty or upon a verdict or finding of guilty of an offense,
rendered by a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑6)(from Ch. 38, par. 2‑6) Sec. 2‑6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section,
"dwelling" means a building or portion thereof, a tent, a vehicle, or
other enclosed space which is used or intended for use as a human
habitation, home or residence. (b) For the purposes of Section 19‑3 of this Code, "dwelling" means a
house, apartment, mobile home, trailer, or other living quarters in which
at the time of the alleged offense the owners or occupants actually reside
or in their absence intend within a reasonable period of time to reside. (Source: P.A. 84‑1289.)
(720 ILCS 5/2‑6.5) Sec. 2‑6.5. Emergency medical technician. "Emergency medical technician‑ambulance", "emergency medical
technician‑intermediate", and "emergency medical technician‑paramedic" have the
meanings ascribed to them in the Emergency Medical Services (EMS) Systems
Act. (Source: P.A. 88‑433.)
(720 ILCS 5/2‑6.6) (Text of Section from P.A. 94‑243) Sec. 2‑6.6. Emergency management worker. "Emergency management worker" shall include the following: (a) any person, paid or unpaid, who is a member of a
local or county emergency services and disaster agency as defined by the Illinois Emergency Management Agency Act, or who is an employee of the Illinois Emergency Management Agency or the Federal Emergency Management Agency.
(b) any employee or volunteer of the American Red
Cross.
(c) any employee of a federal, state, county or local
government agency assisting an emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency through mutual aid or as otherwise requested or directed in time of disaster or emergency.
(d) any person volunteering or directed to assist an
emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency.
(Source: P.A. 94‑243, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑323) Sec. 2‑6.6. Emergency management worker. "Emergency management worker" shall include the following: (a) any person, paid or unpaid, who is a member of a
local or county emergency services and disaster agency as defined by the Illinois Emergency Management Agency Act, or who is an employee of the Illinois Emergency Management Agency or the Federal Emergency Management Agency;
(b) any employee or volunteer of the American Red
Cross;
(c) any employee of a federal, State, county or local
government agency assisting an emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency through mutual aid or as otherwise requested or directed in time of disaster or emergency; and
(d) any person volunteering or directed to assist an
emergency services and disaster agency, the Illinois Emergency Management Agency, or the Federal Emergency Management Agency.
(Source: P.A. 94‑323, eff. 1‑1‑06.)
(720 ILCS 5/2‑7)(from Ch. 38, par. 2‑7) Sec. 2‑7. "Felony". "Felony" means an offense for which a sentence to death or to a term of
imprisonment in a penitentiary for one year or more is provided. (Source: P.A. 77‑2638.)
(720 ILCS 5/2‑7.1) Sec. 2‑7.1. "Firearm" and "firearm ammunition". "Firearm" and "firearm
ammunition" have the meanings ascribed to them in Section 1.1 of the Firearm
Owners Identification Card Act. (Source: P.A. 91‑544, eff. 1‑1‑00.)
(720 ILCS 5/2‑7.5) Sec. 5/2‑7.5. "Firearm". Except as otherwise provided in a specific
Section, "firearm" has the meaning ascribed to it in Section 1.1 of the
Firearm Owners Identification Card Act. (Source: P.A. 91‑404, eff. 1‑1‑00.)
(720 ILCS 5/2‑8)(from Ch. 38, par. 2‑8) Sec. 2‑8. "Forcible felony". "Forcible felony" means treason, first
degree murder, second degree murder, predatory criminal sexual assault of a
child, aggravated criminal sexual assault,
criminal sexual assault, robbery, burglary, residential burglary, aggravated
arson, arson, aggravated kidnaping,
kidnaping, aggravated battery resulting in great bodily harm or permanent
disability or disfigurement and any other felony which involves the use or
threat of physical force or violence against any individual. (Source: P.A. 88‑277; 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)
(720 ILCS 5/2‑9)(from Ch. 38, par. 2‑9) Sec. 2‑9. "Included
offense". "Included offense" means an offense which (a) Is established by proof of the same or less than all of the facts or
a less culpable mental state (or both), than that which is required to
establish the commission of the offense charged, or (b) Consists of an attempt to commit the offense charged or an offense
included therein. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑10)(from Ch. 38, par. 2‑10) Sec. 2‑10. "Includes". "Includes" or "including" means comprehending among other particulars,
without limiting the generality of the foregoing word or phrase. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑10.1)(from Ch. 38, par. 2‑10.1) Sec. 2‑10.1. "Severely or profoundly mentally retarded
person" means a person (i)
whose intelligence quotient does not exceed 40 or (ii) whose
intelligence quotient does not exceed 55 and who suffers
from
significant mental illness to the extent that the person's ability to exercise
rational judgment is impaired. In any proceeding in which the defendant is
charged with committing a violation of Section 10‑2, 10‑5, 11‑15.1, 11‑19.1,
11‑19.2, 11‑20.1, 12‑4.3, 12‑14, or 12‑16 of this Code against a victim who is
alleged to be a severely or profoundly mentally
retarded
person, any findings concerning the victim's status as a
severely or profoundly mentally retarded person, made by a court after a
judicial admission hearing concerning the victim under Articles V and VI of
Chapter 4 of the Mental Health and Developmental Disabilities Code
shall be admissible. (Source: P.A. 92‑434, eff. 1‑1‑02.)
(720 ILCS 5/2‑10.2) Sec. 2‑10.2. Laser or laser device. "Laser" or "laser device" means
any small or hand‑held battery powered device which converts incident
electromagnetic radiation of mixed frequencies to one or more discrete
frequencies of highly amplified and coherent visible radiation or light.
Proof that a particular device casts a small red dot or other similar small
and discrete image or small and discrete visual signal upon a target surface
at least 15 feet away creates a rebuttable presumption that the device is a
laser. Flashlights and similar lamps, lanterns, lights, and penlights are
not laser devices. (Source: P.A. 91‑672, eff. 1‑1‑00.)
(720 ILCS 5/2‑10.3) Sec. 2‑10.3. Laser gunsight. "Laser gunsight" means any battery powered
laser device manufactured to function as a firearm aiming device or sold as a
firearm aiming device. (Source: P.A. 91‑672, eff. 1‑1‑00.)
(720 ILCS 5/2‑11)(from Ch. 38, par. 2‑11) Sec. 2‑11. "Misdemeanor". "Misdemeanor" means any offense for which a sentence to a term of
imprisonment in other than a penitentiary for less than one year may be
imposed. (Source: P. A. 77‑2638.)
(720 ILCS 5/2‑12)(from Ch. 38, par. 2‑12) Sec. 2‑12. "Offense". "Offense" means a violation of any penal statute of this State. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑13)(from Ch. 38, par. 2‑13) Sec. 2‑13. "Peace officer". "Peace officer" means any person who by
virtue of his office or public
employment is vested by law with a duty to maintain public order or to make
arrests for offenses, whether that duty extends to all offenses or is
limited to specific offenses. For purposes of Sections concerning unlawful use of weapons,
for the purposes of assisting an Illinois peace officer in an arrest, or when
the commission of a felony under Illinois law is directly observed by the
person, and statutes involving the false personation of a peace officer, false personation of a peace officer while carrying a deadly weapon, and aggravated false personation of a peace officer, then officers, agents or employees of the federal government
commissioned by
federal statute to make arrests for violations of federal criminal laws
shall be considered "peace officers" under this Code, including, but not
limited to all criminal investigators of: (1) The United States Department of Justice, The
Federal Bureau of Investigation, The Drug Enforcement Agency and The Department of Immigration and Naturalization;
(2) The United States Department of the Treasury, The
Secret Service, The Bureau of Alcohol, Tobacco and Firearms and The Customs Service;
(3) The United States Internal Revenue Service; (4) The United States General Services Administration; (5) The United States Postal Service; and (6) all United States Marshals or Deputy United
States Marshals whose duties involve the enforcement of federal criminal laws.
(Source: P.A. 94‑730, eff. 4‑17‑06.)
(720 ILCS 5/2‑14)(from Ch. 38, par. 2‑14) Sec. 2‑14. "Penal
institution". "Penal institution" means a penitentiary, state farm, reformatory,
prison, jail, house of correction, or other institution for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑15)(from Ch. 38, par. 2‑15) Sec. 2‑15. "Person". "Person" means an individual, public or private corporation, government,
partnership, or unincorporated association. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑15.5) Sec. 2‑15.5. "Personally discharged a firearm". A person is considered to
have "personally discharged a firearm" when he or she, while armed with a
firearm, knowingly and intentionally fires a firearm causing the ammunition
projectile to be forcefully expelled from the firearm. (Source: P.A. 91‑404, eff. 1‑1‑00.)
(720 ILCS 5/2‑15a)(from Ch. 38, par. 2‑15a) Sec. 2‑15a. "Physically handicapped person". "Physically handicapped
person" means a person who suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional disorder, or
congenital condition. (Source: P.A. 85‑691.)
(720 ILCS 5/2‑15b) Sec. 2‑15b. "Place of worship" means a church, synagogue, mosque, temple,
or other building, structure, or place used primarily for religious worship and
includes the grounds of a place of worship. (Source: P.A. 91‑360, eff. 7‑29‑99.)
(720 ILCS 5/2‑16)(from Ch. 38, par. 2‑16) Sec. 2‑16. "Prosecution". "Prosecution" means all legal proceedings by which a person's liability
for an offense is determined, commencing with the return of the indictment
or the issuance of the information, and including the final disposition of
the case upon appeal. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑17)(from Ch. 38, par. 2‑17) Sec. 2‑17. "Public
employee". "Public employee" means a person, other than a public officer, who is
authorized to perform any official function on behalf of, and is paid by,
the State or any of its political subdivisions. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑18)(from Ch. 38, par. 2‑18) Sec. 2‑18. "Public
officer". "Public officer" means a person who is elected to office pursuant to
statute, or who is appointed to an office which is established, and the
qualifications and duties of which are prescribed, by statute, to discharge
a public duty for the State or any of its political subdivisions. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑19)(from Ch. 38, par. 2‑19) Sec. 2‑19. "Reasonable belief". "Reasonable belief" or "reasonably believes" means that the person
concerned, acting as a reasonable man, believes that the described facts
exist. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑19.5) Sec. 2‑19.5. "School" means a public, private, or parochial elementary or
secondary school, community college, college, or university and includes the
grounds of a school. (Source: P.A. 91‑360, eff. 7‑29‑99.)
(720 ILCS 5/2‑20)(from Ch. 38, par. 2‑20) Sec. 2‑20. "Solicit". "Solicit" or "solicitation" means to command, authorize, urge, incite,
request, or advise another to commit an offense. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑21)(from Ch. 38, par. 2‑21) Sec. 2‑21. "State". "State" or "this State" means the State of Illinois, and all land and
water in respect to which the State of Illinois has either exclusive or
concurrent jurisdiction, and the air space above such land and water.
"Other state" means any state or territory of the United States, the
District of Columbia and the Commonwealth of Puerto Rico. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/2‑22)(from Ch. 38, par. 2‑22) Sec. 2‑22. "Statute". "Statute" means the Constitution or an Act of the General Assembly of
this State. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/Art. 3 heading) ARTICLE 3. RIGHTS OF DEFENDANT
(720 ILCS 5/3‑1)(from Ch. 38, par. 3‑1) Sec. 3‑1. Presumption of innocence and proof of guilt. Every person is presumed innocent until proved guilty. No person shall
be convicted of any offense unless his guilt thereof is proved beyond a
reasonable doubt. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/3‑2)(from Ch. 38, par. 3‑2) Sec. 3‑2. Affirmative defense. (a) "Affirmative defense" means that unless the State's evidence raises
the issue involving the alleged defense, the defendant, to raise the issue,
must present some evidence thereon. (b) If the issue involved in an affirmative defense, other than insanity,
is raised then the
State must sustain the burden of proving the defendant guilty beyond a
reasonable doubt as to that issue together with all the other elements of
the offense. If the affirmative defense of insanity is raised, the defendant
bears the burden of proving by clear and convincing
evidence his insanity
at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)
(720 ILCS 5/3‑3)(from Ch. 38, par. 3‑3) Sec. 3‑3. Multiple
prosecutions for same act. (a) When the same conduct of a defendant may establish the commission of
more than one offense, the defendant may be prosecuted for each such
offense. (b) If the several offenses are known to the proper prosecuting officer
at the time of commencing the prosecution and are within the jurisdiction
of a single court, they must be prosecuted in a single prosecution, except
as provided in Subsection (c), if they are based on the same act. (c) When 2 or more offenses are charged as required by Subsection (b),
the court in the interest of justice may order that one or more of such
charges shall be tried separately. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/3‑4)(from Ch. 38, par. 3‑4) Sec. 3‑4. Effect of
former prosecution. (a) A prosecution is barred if the defendant was formerly prosecuted
for the same offense, based upon the same facts, if such former
prosecution: (1) Resulted in either a conviction or an acquittal or in a
determination that the evidence was insufficient to warrant a conviction;
or (2) Was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with any fact or
legal proposition necessary to a conviction in the subsequent prosecution;
or (3) Was terminated improperly after the jury was impaneled and sworn
or, in a trial before a court without a jury, after the first witness was
sworn but before findings were rendered by the trier of facts, or after a
plea of guilty was accepted by the court. A conviction of an included offense is an acquittal of the offense
charged. (b) A prosecution is barred if the defendant was formerly prosecuted for
a different offense, or for the same offense based upon different facts, if
such former prosecution: (1) Resulted in either a conviction or an acquittal, and the
subsequent prosecution is for an offense of which the defendant could have
been convicted on the former prosecution; or was for an offense with which
the defendant should have been charged on the former prosecution, as
provided in Section 3‑3 of this Code (unless the court ordered a separate
trial of such charge); or was for an offense which involves the same
conduct, unless each prosecution requires proof of a fact not required on
the other prosecution, or the offense was not consummated when the former
trial began; or (2) Was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with any fact
necessary to a conviction in the subsequent prosecution; or (3) Was terminated improperly under the circumstances stated in
Subsection (a), and the subsequent prosecution is for an offense of which
the defendant could have been convicted if the former prosecution had not
been terminated improperly. (c) A prosecution is barred if the defendant was formerly prosecuted in
a District Court of the United States or in a sister State for an offense
which is within the concurrent jurisdiction of this State, if such former
prosecution: (1) Resulted in either a conviction or an acquittal, and the
subsequent prosecution is for the same conduct, unless each prosecution
requires proof of a fact not required in the other prosecution, or the
offense was not consummated when the former trial began; or (2) Was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with any fact
necessary to a conviction in the prosecution in this State. (d) However, a prosecution is not barred within the meaning of this
Section 3‑4 if the former prosecution: (1) Was before a court which lacked jurisdiction over the defendant
or the offense; or (2) Was procured by the defendant without the knowledge of the proper
prosecuting officer, and with the purpose of avoiding the sentence which
otherwise might be imposed; or if subsequent proceedings resulted in the
invalidation, setting aside, reversal, or vacating of the conviction,
unless the defendant was thereby adjudged not guilty. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/3‑5)(from Ch. 38, par. 3‑5) Sec. 3‑5. General Limitations. (a) A prosecution for: (1) first degree murder, attempt to commit first
degree
murder, second degree murder,
involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11‑401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11‑403 of the Illinois Vehicle Code, concealment of homicidal
death, treason, arson, aggravated arson, forgery, or (2) any offense
involving sexual conduct or sexual penetration as defined by
Section 12‑12 of this Code in which the DNA profile of the offender is
obtained and entered into a DNA database within 10 years after the commission
of the offense and the identity of the offender is unknown after a diligent
investigation by law enforcement authorities, may be commenced at any
time.
Clause (2) of this subsection (a) applies if either: (i) the victim reported the
offense to law enforcement authorities within 2 years after the commission
of the offense unless a longer period for reporting the offense to law
enforcement authorities
is provided in Section 3‑6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense. (b) Unless the statute describing the offense provides otherwise, or the
period of limitation is extended by Section 3‑6, a prosecution for any
offense not designated in Subsection (a) must be commenced within 3 years
after the commission of the offense if it is a felony, or within one year
and 6 months after its commission if it is a misdemeanor. (Source: P.A. 93‑834, eff. 7‑29‑04; 94‑487, eff. 11‑9‑05; 94‑683, eff. 11‑9‑05.)
(720 ILCS 5/3‑6)(from Ch. 38, par. 3‑6) Sec. 3‑6. Extended limitations. The period within which a prosecution
must be commenced under the provisions of Section 3‑5 or other applicable
statute is extended under the following conditions: (a) A prosecution for theft involving a breach of a fiduciary obligation
to the aggrieved person may be commenced as follows: (1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal disability or within one year after the termination thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in office by a
public officer or employee may be commenced within one year after discovery
of the offense by a person having a legal duty to report such offense, or
in the absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However, in no such case
is the period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable. (c) Except as otherwise provided in subsection (a) of Section 3‑5 of this
Code and subdivision (i) or (j) of this
Section, a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 12‑12 of this Code, where the victim and
defendant are family members, as defined in Section 12‑12 of this Code, may
be commenced within one year of the victim attaining the age of 18 years. (d) A prosecution for child pornography, indecent
solicitation of a
child, soliciting for a juvenile prostitute, juvenile pimping or
exploitation of a child may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall the time
period for prosecution expire sooner than 3 years after the commission of
the offense. When the victim is under 18 years of age, a prosecution for
criminal
sexual abuse may be commenced within
one year of the victim attaining the age of 18 years. However, in no such
case shall the time period for prosecution expire sooner than 3 years after
the commission of the offense. (e) Except as otherwise provided in subdivision (j), a prosecution for
any offense involving sexual conduct or sexual
penetration, as defined in Section 12‑12 of this Code, where the defendant
was within a professional or fiduciary relationship or a purported
professional or fiduciary relationship with the victim at the
time of the commission of the offense may be commenced within one year
after the discovery of the offense by the victim. (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970, as amended,
may be commenced within 5 years after the discovery of such
an offense by a person or agency having the legal duty to report the
offense or in the absence of such discovery, within 5 years
after the proper prosecuting officer becomes aware of the offense. (f‑5) A prosecution for any offense set forth in Section 16G‑15 or 16G‑20 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.
(g) (Blank). (h) (Blank). (i) Except as otherwise provided in subdivision (j), a prosecution for
criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be commenced within 10
years of the commission of the offense if the victim reported the offense to
law enforcement authorities within 2 years after the commission of the offense. Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced under any other
provision of this Section. (j) When the victim is under 18 years of age at the time of the offense, a
prosecution
for criminal sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or aggravated criminal sexual abuse or a
prosecution for failure of a person who is required to report an alleged
or suspected commission of any of these offenses under the Abused and Neglected
Child Reporting Act may be
commenced within 20 years after the child victim attains 18
years of age. Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced under any other
provision of this Section. (Source: P.A. 93‑356, eff. 7‑24‑03; 94‑253, eff. 1‑1‑06.)
(720 ILCS 5/3‑7)(from Ch. 38, par. 3‑7) Sec. 3‑7. Periods
excluded from limitation. The period within which a prosecution must be commenced does not include
any period in which: (a) The defendant is not usually and publicly resident within this
State; or (b) The defendant is a public officer and the offense charged is theft
of public funds while in public office; or (c) A prosecution is pending against the defendant for the same conduct,
even if the indictment or information which commences the prosecution is
quashed or the proceedings thereon are set aside, or are reversed on
appeal; or (d) A proceeding or an appeal from a proceeding relating
to the quashing or enforcement of a Grand Jury subpoena issued in connection
with an investigation of a violation of a criminal law of this State is
pending. However, the period within which a prosecution must be commenced
includes any period in which the State brings a proceeding or an appeal from a
proceeding specified in this subsection (d); or (e) A material witness is placed on active military duty or leave. In
this subsection (e), "material witness" includes, but is not limited to, the
arresting officer, occurrence witness, or the alleged victim of the offense. (Source: P.A. 93‑417, eff. 8‑5‑03.)
(720 ILCS 5/3‑8)(from Ch. 38, par. 3‑8) Sec. 3‑8. Limitation on offense based on series of acts. When an offense is based on a series of acts performed at different
times, the period of limitation prescribed by this Article starts at the
time when the last such act is committed. (Source: Laws 1961, p. 1983.)
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