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Illinois Criminal Code of 1961

Article 1 - Illinois Criminal Jurisdiction Laws

In this section of the Illinois criminal code, legislators defined the scenarios in which a person charged with a crime falls under the jurisdiction of the Illinois criminal court system. Questions such as "Can I be charged with a crime in Illinois even if I am not physically located in the State of Illinois?" are answered by this section of Article 1.

If you have been charged with a crime in Illinois but live out of state, an experienced Illinois criminal defense attorney is a must. Speak with our Chicago criminal defense attorneys today by calling us at (312) 466-9466.

The text below comes from Article 1 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 1

Sec. 1-5. State criminal jurisdiction. 
    (720 ILCS 5/1-5)

(a) A person is subject to prosecution in this State for an offense which he commits, while either within or outside the State, by his own conduct or that of another for which he is legally accountable, if:

(1) the offense is committed either wholly or partly within the State; or

(2) the conduct outside the State constitutes an attempt to commit an offense within the State; or

(3) the conduct outside the State constitutes a conspiracy to commit an offense within the State, and an act in furtherance of the conspiracy occurs in the State; or

(4) the conduct within the State constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this State and such other jurisdiction.

(b) An offense is committed partly within this State, if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State. In a prosecution pursuant to paragraph (3) of subsection (a) of Section 9-1, the attempt or commission of a forcible felony other than second degree murder within this State is conduct which is an element of the offense for which a person is subject to prosecution in this State. In homicide, the "result" is either the physical contact which causes death, or the death itself; and if the body of a homicide victim is found within the State, the death is presumed to have occurred within the State.

(c) An offense which is based on an omission to perform a duty imposed by the law of this State is committed within the State, regardless of the location of the offender at the time of the omission. (Source: P.A. 91-357, eff. 7-29-99.) 720 ILCS 5/1-6

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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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