In Illinois a reckless homicide is an unintentional killing involving a vehicle. It results when a person acts recklessly such that their conduct with a vehicle leads to the death of another individual.
What’s The Difference Between Reckless Homicide And Involuntary Manslaughter?
There is no real difference between a reckless homicide in Illinois and involuntary manslaughter. Both involve an unintentional killing.
Reckless homicide involves a a vehicle while involuntary manslaughter does not. Both have the same mental state. It’s the mental state that distinguishes both from first degree murder.
What’s The Difference Between Reckless Homicide And First Degree Murder
First-degree murder requires an intentional or knowing act that creates a strong probability of death or great bodily harm. 720 ILCS 5/9-1(a)(1).
Reckless Homicide and Involuntary manslaughter requires reckless conduct that is likely to cause death or great bodily harm to an individual. 720 ILCS 5/9-3(a).
The Illinois Statue For Reckless Homicide
In Illinois 720 ILCS 5/9-3(a) is the Reckless Homicide statute. It says,
A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
720 ILCS 5/9-3(a)
Reckless Homicide Sentence
Reckless homicide is a Class 3 Felony. See the chart below and learn more about Class 3 Felonies in Illinois.
| Class | Sentencing Range | Extended Term (if eligible) |
|---|---|---|
| Class M | 20-60 years | 60-100 years |
| Class X | 6-30 years | 30-60 years |
| Class 1 | 4-15 years | 15-30 years |
| Class 2 | 3-7 years | 7-14 years |
| Class 3 | 2-5 years | 5-10 years |
| Class 4 | 1-3 years | 3-6 years |
See Also The Other Illinois Homicide Statutes
- The Illinois Homicide Statute
- What Is First Degree Murder?
- What Is Felony Murder?
- What Is Second Degree Murder?
- What Is Involuntary Manslaughter?
Additionally See
People v. Shakirov, 2017 IL App (4th) 140578 (April). Episode 348 (Duration 18:46) (Reckless Homicide Reversed Outright Because There Was No Recklessness)
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
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