Illinois Criminal Code of 1961

Article 4 - Voluntary Act Rule

In any Illinois criminal case, the prosecution must prove many different points to earn a conviction. One such element is that the defendant must have committed a voluntary act.

These Article 4 sections of the Illinois crime laws, 720 ILCS 5/4-1 and 720 ILCS 5/4-2, define the term voluntary act and declare that possession qualifies as a voluntary act if specific qualifications are fulfilled.

Need an Illinois criminal defense lawyer? If you will be going to court for a crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 4 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 4

Sec. 4-1. Voluntary act.
    (720 ILCS 5/4-1)

A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing. (Source: Laws 1961, p. 1983.)

Sec. 4-2. Possession as voluntary act.
    (720 ILCS 5/4-2)

Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession. (Source: Laws 1961, p. 1983.)

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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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