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Kane County State's Attorney Podcast

What Is Involuntary Manslaughter?

February 14, 2020 By Samuel Partida, Jr.

In Illinois involuntary manslaughter is an unintentional killing. It results when a person acts recklessly such that their conduct leads to the death of another individual.

[Read more…]

Filed Under: Lesser-Included, Second Degree Murder

The Illinois Stalking Statute Is Mainly Constitutional

February 12, 2020 By Samuel Partida, Jr.

The Illinois stalking statute says the following:

“A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress.”

720 ILCS 5/12-7.3(a)(1), (a)(2).

The phrase “course of conduct” is defined in subsection (c) as:

“2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. A course of conduct may include contact via electronic communications.”

720 ILCS 5/12-7.3(c)(1).

See Also

  • People v. Relerford, 2017 IL 121094 (November). Episode 425 (Duration 7:38) (Just a small part of the Illinois stalking statute was declared unconstitutional.)
  • People v. Ashley, 2020 IL 123989 (January). Episode 736 (Duration 11:41) (Illinois Supreme Court true threats remain unlawful under the stalking statutes.)
  • People v. Morocho, 2019 IL App (1st) 153232 (June). Episode 654 (Duration 10:19) (Ashley overruled this case which tried to declare § (a)(2) of the stalking statute unconstitutional.)
  • People v. Holt, 271 Ill.App.3d 1016 (3rd Dist. 1995) (mental state for stalking is knowledge)

See More

  • People v. Einoder, 209 Ill.2d 443 (2004) (constitutionality of laws is set out here covering the standard really well)

Filed Under: Constitutional

What Is Second Degree Murder?

February 6, 2020 By Samuel Partida, Jr.

What Is Second Degree Murder?

Second degree murder is not a lesser included offense of first degree murder; it is a “lesser mitigated offense” of first degree murder.

[Read more…]

Filed Under: Second Degree Murder

Forcible Felony | What Are The Forcible Felonies In Illinois?

February 6, 2020 By Samuel Partida, Jr.

What is a forcible felony in Illinois?

The Illinois criminal code specifically describes some felony offenses as forcible felonies. There is also a general “catch all” or “residual clause” that describes general crimes of violence as a forcible felony.

[Read more…]

Filed Under: Forcible Felony

What Is Felony Murder?

February 6, 2020 By Samuel Partida, Jr.

What is a felony murder?
Generally, speaking a death that occurs during the commission of a felony offense is treated as an ordinary murder and is called a felony murder.

If you’re not ready to jump into the deep try this page, it’s like a criminal law mini-course.

[Read more…]

Filed Under: Felony Murder

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