ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/1-3 (2026)

Applicability of common law

✓ current as of May 2026
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(720 ILCS 5/1-3) (from Ch. 38, par. 1-3)
    Sec. 1-3. Applicability of common law. No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or civil judgment.
(Source: P.A. 79-1360.)

    
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1996–2026 · leading case: People v. Hughes, 2012 IL 112817 (Ill. 2013).
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People v. Hughes, 2012 IL 112817 (Ill. 2013). “720 ILCS 5/12-16 (West 2006); 720 ILCS 5/1-3 (West 2006) (“No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State.”
People v. Pierce, 877 N.E.2d 408 (Ill. 2007). “" 720 ILCS 5/1-3 (West 2004). Defendant also points to the committee comments to this provision, which state: "The purpose of this section is to complete the process of replacing the common-law definitions of offenses with statutory definitions * * *.”
People v. Geiger, 2012 IL 113181 (Ill. 2012). “2d 297, 305 (1994) (all courts have the inherent power to punish contempt; this power is essential to the maintenance of authority and the administration of judicial powers); 720 ILCS 5/1-3 (West 2008). Moreover, because the power to punish for contempt is inherent and does not…”
People v. Minor, 667 N.E.2d 538 (Ill. App. Ct. 1996). “" He also asserts that his statements were "factual" and "respectful" rather than contemptuous, and that "[t]he contents of the motion to vacate [his] plea failed to establish that the statements were made in anything but good faith.”
People v. Shannon, 2024 IL App (1st) 230042 (Ill. App. Ct. 2024). “720 ILCS 5/1-3 (West 2020) (“No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State.”
People v. Geiger, 958 N.E.2d 748 (Ill. App. Ct. 2011). “Direct criminal contempt is a unique crime that does not have a statutory maximum sentence (720 ILCS 5/1-3 (West 2008); People v. Stollar, 31 Ill.”
People v. Patton, 2022 IL App (5th) 200344-U (Ill. App. Ct. 2022). · cites it 2× “2d 428, 437 (2008); 720 ILCS 5/1-3 (West 2016). “An act constitutes a criminal offense if it is described by statute as an offense or if a penalty is expressly provided in the statute proscribing the act.”
People v. Shekar, 2022 IL App (2d) 210524-U (Ill. App. Ct. 2022). “]” ¶6 On August 5, 2021, a misdemeanor complaint for indirect criminal contempt of court in violation 720 ILCS 5/1-3 was filed against defendant under case number 21-CC-13.”
People v. Cole, 2026 IL App (1st) 250040 (Ill. App. Ct. 2026). “On appeal, Cole argues the judge’s contempt order was a retaliatory ruling intended No.”
People v. Collier (Ill. App. Ct. 2007). “As we stated in Rossman, the trial court could order Collier's plea vacated, sending the parties back to the drawing board; order a bail-bond violation (720 ILCS 5/32-10(a) (West 2006)); and/or order Collier to be in contempt of court (720 ILCS 5/1-3 (West 2006)). Rossman, 309…”
People v. Geiger, 2011 IL App (3d) 90688 (Ill. App. Ct. 2011). “Direct criminal contempt is a unique crime that does not have a statutory maximum sentence (720 ILCS 5/1-3 (West 2008); People v. Stollar, 31 Ill.”
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