Definition of first degree murder.
In Illinois the first degree murder statue is listed under 720 ILCS 5/9-1(a). It says:
(1) he or she either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he or she is attempting or committing a forcible felony other than second degree murder.
The First Degree Murder Statute Describes 3 Types of First Degree Murder
There are three types of first-degree murder charges in Illinois. The murder statute essentially describes:
- Intentional Murder
- Strong Probability Murder and
- Felony Murder
See the chart below to determine the key feature or requirement of each kind of murder.
| Type | Statute | Requires |
| Intentional Murder | 720 ILCS 5/9-1(a)(1) | “intends to kill or do great bodily harm” |
| Strong Probability | 720 ILCS 5/9-1(a)(2) | “creates a strong probability of death or great bodily harm” |
| Felony Murder | 720 ILCS 5/9-1(a)(3) | “death during commission of forcible felony” |
Here is a general outline of the Illinois murder statute:
(1) Intentional murder is when the defendant “intends to kill or do great bodily harm” or “knows his acts will cause death” (720 ILCS 5/9-1(a)(1));
(2) Strong-probability murder is when the defendant knows his acts “create a strong probability of death or great bodily harm” (720 ILCS 5/9-1(a)(2)); and
(3) Felony murder is when defendant commits or attempts to commit a forcible felony and, during the commission of that felony, a death occurs (720 ILCS 5/9-1(a)(3)).
Sentence & Classification
In Illinois first degree murder has its own special classification. It a class M felony and is normally punishable from between 20 to 60 years, however special enhancements may also apply.