{"id":373144,"date":"2016-03-31T21:35:11","date_gmt":"2016-04-01T02:35:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-second-degree-murder-laws.html"},"modified":"2026-07-23T09:31:23","modified_gmt":"2026-07-23T14:31:23","slug":"illinois-second-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-second-degree-murder-laws.html","title":{"rendered":"Illinois Second-Degree Murder Laws"},"content":{"rendered":"\n
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Illinois Second-Degree Murder Laws<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Second-degree murder<\/span> in Illinois<\/span> is an intentional killing<\/span> without lawful justification<\/span> that is reduced from first-degree murder<\/span> because of mitigating circumstances<\/span>. The defendant must prove they acted under serious provocation<\/span> causing intense passion<\/span> or had an unreasonable belief that deadly force<\/span> was necessary for self-defense<\/span>. It is a Class 1<\/span> felony punishable by four to 20 years in prison.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The second-degree murder<\/span> law in Illinois<\/span> is a complex but important part of the state\u2019s homicide laws. It recognizes that not all intentional killings<\/span> are the same and allows certain mitigating factors<\/span> to reduce a defendant\u2019s guilt. Learning how Illinois<\/span> separates first- and second-degree murder<\/span><\/a> illustrates how two similar acts can lead to very different charges.<\/p>\n

This article breaks down Illinois<\/span>\u2019 two\u2011step system for deciding whether a killing is first- or second-degree murder<\/span>. We review the elements prosecutors must prove<\/a>, examine second-degree murder<\/span> penalties, and explore common legal defenses used to beat second-degree murder<\/span> charges<\/span> in Illinois<\/span>.<\/p>\n

If you\u2019re facing homicide charges in Chicago<\/span>, Wheaton<\/span>, or any other part of the state, consider speaking with a criminal defense lawyer<\/span><\/a>. Someone well-versed in the state\u2019s criminal laws<\/span> can explain the full range of options available to you. They can also help you defeat the charges and negotiate with the prosecution.<\/p>\n

In the meantime, let\u2019s take a look at what the Illinois<\/span> Compiled Statutes (ILCS<\/span>)<\/a> say about second-degree murder<\/span>.<\/p>\n

Overview of Illinois<\/span> Second-Degree Murder<\/span> Law<\/h2>\n

Second-degree murder<\/span>\u00a0has much in common with\u00a0first-degree murder<\/span><\/a>\u00a0in\u00a0Illinois<\/span>, but certain mitigating circumstances<\/span> can make it a more appropriate charge. Under Illinois<\/span> law<\/span>, a second-degree <\/span>murder<\/span> conviction<\/span> requires the prosecutor to show that the defendant killed an individual without lawful justification<\/span> and one of the following. This requires one of the following to be true:<\/p>\n