{"id":373163,"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-voluntary-manslaughter-laws.html"},"modified":"2018-02-28T19:54:51","modified_gmt":"2018-03-01T00:54:51","slug":"illinois-voluntary-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-voluntary-manslaughter-laws.html","title":{"rendered":"Illinois Voluntary Manslaughter Laws"},"content":{"rendered":"\n
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Illinois Voluntary Manslaughter Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

Under the criminal laws in Illinois, homicide<\/a>, which is the intentional or unintentional killing of a human being, occurs either by murder<\/a> or manslaughter. Murder generally involves an intentional killing, while manslaughter, defined as the unintentional killing of an individual without lawful justification, does not.<\/p>\n

While most states specify multiple acts that can constitute voluntary manslaughter, Illinois only recognizes voluntary manslaughter of an unborn child, which can occur either:<\/p>\n

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  1. When the offender, at the time of the killing, acts under a "sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the unborn child"; or<\/li>\n
  2. When the offender intentionally or knowingly kills an unborn child and, at the time of the killing, believes that the circumstances justify or exonerate the killing under justifiable use of force principles, but the belief is unreasonable.<\/li>\n<\/ol>\n

    In the former instance, the "serious provocation" experienced by the offender must be conduct that would excite an intense passion in a reasonable person.<\/p>\n

    The offense of voluntary manslaughter of an unborn child differs from that of involuntary manslaughter<\/a> of an unborn child in that the latter crime generally requires the "less culpable" mental state of recklessness. In other words, there must be a conscious disregard in the offender’s actions that create a "substantial and unjustifiable risk" of death or serious bodily harm to an unborn child. Voluntary manslaughter, on the other hand, requires the more culpable mental states of "knowingly" or "intentionally," at least with respect to offenses arising from a "serious provocation."<\/p>\n

    Illinois Voluntary Manslaughter Laws at a Glance<\/h2>\n

    The following table lists the charges and potential penalties under Illinois voluntary manslaughter laws.<\/p>\n\n
    Statutes<\/b><\/td>\n

    Illinois Statutes<\/b> Section 9-2.1<\/a><\/b> (voluntary manslaughter of an unborn child)<\/p>\n<\/td>\n<\/tr>

    Penalties and Sentences<\/b><\/td>\n

    Voluntary manslaughter of an unborn child is a Class 1 Felony punishable by one or several of the following penalties:<\/p>\n

    Defenses<\/b><\/td>\n

    Voluntary manslaughter defenses can include:<\/p>\n