Article 9: Miscellaneous Homicide Offenses in Illinois
Possession of a controlled substance and intent to deliver are not the only crimes associated with dealing drugs. If someone delivers a controlled substance to another person, and a death results from the intake of those drugs, then the deliverer can be charged with the crime of drug-induced homicide. This crime is a Class X felony, the most serious classification in Illinois.
Another crime discussed in this portion of the Illinois Criminal Code is concealment of death. Keeping a secret has its costs. If a person deliberately acts to conceal a death, he or she can be charged with this crime. Conceal means something more that simply withholding knowledge or failing to disclose information. To be convicted, the defendant must take some sort of step to prevent or delay the discovery of death, such as hiding a body.
Need an Illinois criminal defense attorney? If you've been arrested for a homicide crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.
The text below comes from Article 9 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 9
Sec. 9-3.3. Drug-induced homicide.
(720 ILCS 5/9-3.3)
(a) A person who violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation or ingestion of any amount of that controlled substance, commits the offense of drug-induced homicide.
(b) Sentence. Drug-induced homicide is a Class X felony.
(c) A person who commits drug-induced homicide by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act commits a Class X felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years. (Source: P.A. 94-556, eff. 9-11-05; 94-560, eff. 1-1-06; 95-331, eff. 8-21-07.)
(720 ILCS 5/9-3.4) (was 720 ILCS 5/9-3.1)
Sec. 9-3.4. Concealment of homicidal death.
(a) A person commits the offense of concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means.
(b) Nothing in this Section prevents the defendant from also being charged with and tried for the first degree murder, second degree murder, or involuntary manslaughter of the person whose death is concealed.
(b-5) For purposes of this Section: "Conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death by homicidal means. "Conceal" means something more than simply withholding knowledge or failing to disclose information. "Homicidal means" means any act or acts, lawful or unlawful, of a person that cause the death of another person. (c) Sentence. Concealment of homicidal death is a Class 3 felony. (Source: P.A. 96-710, eff. 1-1-10.)
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.