Created by FindLaw's team of legal writers and editors | Last reviewed February 28, 2018
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The Illinois Criminal Code of 1961 classifies homicide -- the intentional or unintentional killing of a human being -- as an offense directed against the person. Under the statute, homicide occurs in one of two ways: by murder or manslaughter. Murder generally involves an intentional killing, while manslaughter, defined as the unintentional killing of an individual without lawful justification, does not.
Illinois recognizes two degrees of murder and two forms of manslaughter:
In contrast to the crime of first-degree murder, which requires a mental state of intent or knowledge that the accused person's actions create a strong probability of death or serious bodily harm, involuntary manslaughter only requires that a person "recklessly" perform the act(s) causing an individual's death. A person acts "recklessly" when he or she "consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, … and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation."
Additional details about Illinois' involuntary manslaughter laws, including crime classifications and sentences, are listed below.
| Statute | Illinois Criminal Code, Article 9, Section 9-3 |
| Statutory Definition of Involuntary Manslaughter | One commits the offense when he or she recklessly performs acts, whether lawful or unlawful, which are likely to cause death or great bodily harm, and which do cause the death of an individual. |
| Involuntary Manslaughter & Reckless Homicide of an Unborn Child | A person commits involuntary manslaughter of an unborn child when he or she recklessly performs lawful or unlawful acts which are likely to cause death or great bodily harm, and do cause the death of an unborn child; reckless homicide of an unborn child occurs when the death is caused by the driving of a motor vehicle. |
| Aggravating Factors (Enhanced Charge) |
*See statute for full list of aggravating factors. |
| Crime Classifications |
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| Sentences and Penalties | Class 3 felony: 2-5 yrs. in prison, up to $25,000 fine Class 2 felony: 3-7 yrs. in prison, up to $25,000 fine, periodic imprisonment of 18 to 30 months, or probation or conditional discharge of up to 4 years; a fine of up to $25,000; and/or restitution. *See Involuntary Manslaughter Penalties and Sentencing to learn more. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Even though you had absolutely no plan to take a life, if you're convicted on charges of involuntary manslaughter, you may spend a considerable amount of time in prison. Getting the help of a skilled criminal defense attorney can go a long way toward minimizing that risk. Reach out to a criminal defense attorney if you're facing charges of involuntary manslaughter in Illinois to discuss your case and find out your options moving forward.
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