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The sections below conclude Article 7 of the Illinois criminal code. These sections -- 720 ILCS 5/7-11, 720 ILCS 5/7-12, 720 ILCS 5/7-13 and 720 ILCS 5/7-14-- address some last points regarding use of force and exceptions to guilt.
As an example, the law notes that a person is not guilty of an offense if they are compelled by someone else to commit a crime or if his or her conduct is induced by a public officer. The former situation is called Compulsion, and the latter is called Entrapment.
We receive many questions from our clients regarding Illinois laws on entrapment, ranging from your basic "What are the entrapment laws in Illinois?" to "The Chicago police arrested me for soliciting a prostitute but I feel it was entrapment. If I was entrapped for this crime, what can I do?" We can take many proactive steps to help our clients who have been accused of a crime in Illinois, but ultimately this Section 7-12 is the law of the land regarding entrapment. Sometimes an entrapment defense will work, resulting in a Not Guilty verdict or a case being dismissed, and sometimes it won't. It depends on the specifics of your case.Need a good Chicago criminal defense attorney to help you with an entrapment case? If you feel you have been falsely or unjustly arrested 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 7 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 7
Sec. 7-11. Compulsion.
(720 ILCS 5/7-11)
(a) A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct.
(b) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion, except that stated in subsection (a). (Source: P.A. 96-710, eff. 1-1-10.)
Sec. 7-12. Entrapment.
(720 ILCS 5/7-12)
A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense. (Source: P.A. 89-332, eff. 1-1-96.)
Sec. 7-13. Necessity.
(720 ILCS 5/7-13)
Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct. (Source: Laws 1961, p. 1983.)
Sec. 7-14. Affirmative defense.
(720 ILCS 5/7-14)
A defense of justifiable use of force, or of exoneration, based on the provisions of this Article is an affirmative defense. (Source: Laws 1961, p. 1983.)
Return to Illinois Criminal Code of 1961 Table of Contents
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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