Murder in Illinois law

Murder in Illinois constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat above the median for the entire country.[1]

Definitions

First-degree murder

Illinois has four different homicide crimes in total, with first-degree murder being the most serious offense. Illinois law defines first-degree murder as when a person intends to kill, intends to inflict great bodily harm, or knowingly engages in an act that has a strong probability of death or great bodily harm for another individual, causing a person's death.[2] It is punished by a minimum of 20 years in prison and a maximum of life imprisonment without the possibility of parole.[3] The only exception is for offenders under the age of 21, where the maximum sentence is life-with-parole after 40 years.[4] Illinois does not have the death penalty, as it was abolished in the state in 2011.[3]

Felony murder rule

Illinois also employs the felony murder rule. When someone commits a "forcible felony" besides second-degree murder causing someone's death, it is first-degree murder.[3]

Second-degree murder

In Illinois, second-degree murder is not in itself an individual offense, but is a downgraded version of first-degree murder. A defendant is guilty of second-degree murder when they commit first-degree murder with one of the following mitigating circumstances:[5][6]

  • The defendant was seriously provoked to the point that they committed the murder in an intense passion, but the action was not reasonable force.
  • At the time of the murder, the defendant believed deadly force would have been lawfully justified, but the belief was unreasonable.

Second-degree murder is punished by either 4 to 30 years in prison, with the possibility of 4 of the years being reduced to probation.[5]

Penalties

The sentences for homicide offenses in Illinois are listed below.[3][5][7][8]

Offense Mandatory sentence
Involuntary manslaughter Up to 4 years probation, or 2 to 7 years in prison
Voluntary manslaughter (fetal killing) Up to 4 years probation, or 4 to 15 years in prison
Second-degree murder 4 to 30 years in prison, with the possibility of having 4 years reduced to probation
First-degree murder For offenders over 21: 20 years to life imprisonment without the possibility of parole

For offenders under 21: 20 years to life-with-parole after 40 years

References
  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
  2. "Illinois General Assembly - Illinois Compiled Statutes". www.ilga.gov. Retrieved May 30, 2023.
  3. "Illinois First Degree Murder Laws". Findlaw. Retrieved May 30, 2023.
  4. Chaney, Kathy (March 23, 2023). "New Illinois Law Stops Life Without Parole Sentences for Those Under 21". YR Media. Retrieved May 30, 2023.
  5. "Illinois Second Degree Murder Laws". Findlaw. Retrieved May 30, 2023.
  6. "Illinois General Assembly - Illinois Compiled Statutes". www.ilga.gov. Retrieved May 30, 2023.
  7. "Illinois Voluntary Manslaughter Laws". Findlaw. Retrieved May 30, 2023.
  8. "Illinois Involuntary Manslaughter Laws". Findlaw. Retrieved May 30, 2023.
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