These are the Illinois Homicide statutes (720 ILCS 5/9 et seq.):
| Homicide | Statute | Key Feature |
|---|---|---|
| First Degree Murder | 720 ILCS 5/9-1(a) | intentional or knowing killing |
| Felony Murder | 720 ILCS 5/9-1(a)(3) | death during commission of a felony offense |
| Second Degree Murder | 720 ILCS 5/9-2 | mitigated first degree murder (unreasonable self dense or intense passion) |
| Involuntary Manslaughter | 720 ILCS 5/9-3(a) | reckless conduct leading to a death |
| Reckless Homicide | 720 ILCS 5/9-3(a) | death with reckless conduct involving motor vehicle |
| Drug Induced Homicide | 720 ILCS 5/9-3.3 | death caused by delivery of a controlled substance |
First Degree Murder
The essence of first degree murder is an intention killing or knowingly performing an act that leads to death even if death was not completely intended. See First Degree Murder – 720 ILCS 5/9-1(a) .
Felony Murder
Generally speaking, a death that occurs during the commission of a felony offense is treated as a first-degree and is called a felony murder. See Felony Murder – 720 ILCS 5/9-1(a)(3).
Second Degree Murder
Second degree murder is a lesser mitigated offense of first degree murder. In other words, a person commits first degree murder but then receives a lesser sentence if the murder was done under an unreasonable claim of self defense or a sudden and intense passion. See Second Degree Murder – 720 ILCS 5/9-2.
Involuntary Manslaughter
Involuntary manslaughter involves a killing with a lesser mental state. Reckless conduct that leads to a death is considered an involuntary manslaughter. See Involuntary Manslaughter – 720 ILCS 5/9-3(a).
Reckless Homicide
Reckless Homicide involves a killing an unintentional killing involving a motor vehicle. It involves reckless conduct that leads to a death. See Reckless Homicide – 720 ILCS 5/9-3(a).
Learn More About Each Of The Illinois Homicide Statutes
The Illinois Homicide statutes (720 ILCS 5/9 et seq.) are summarized below:
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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