720 ILCS 5/1-5
State criminal jurisdiction
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(720 ILCS 5/1-5)
(from Ch. 38, par. 1-5)
Sec. 1-5.
State criminal jurisdiction.
(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.)
Notes of Decisions
Cited in 24
cases (8 in the last 5 years), 1997–2025 · leading case: People v. McGee
People v. McGee (2016)
“See 720 ILCS 5/1-5(a)(1) (West 2008) (Illinois has jurisdiction over a crime that occurred “wholly or partly within the State”); see also 720 ILCS 5/1-5(b) (West 2008) (An offense is committed partly in Illinois if either the conduct or a result that constitutes an element of…”
People v. Wise (2021)
“His testimony left open the possibility that the firearm may have been “about” defendant’s person during the earliest stages of the drive.”
People v. Mitchell (2019)
“38, ¶ 1-5, with 720 ILCS 5/1-5 (1998). ¶ 28 In Holt, the defendant kidnapped the victim in Illinois and drove her to Wisconsin where he raped and murdered her.”
People v. Jones (2006)
“720 ILCS 5/1-5(b) (West 1994). When the victim is not discovered in Illinois, the State does not receive the presumption and must establish venue beyond a reasonable doubt.”
People v. Mitchell (2018)
“The defendant was convicted in Illinois of aggravated kidnapping and murder under the felony-murder rule. On appeal, the State argued that the kidnapping was an element of the murder as charged under the felony-murder rule, and the occurrence of the kidnapping in Illinois…”
People v. Cole (2023)
“¶ 12 Pretrial Proceedings ¶ 13 After Mitchell’s trial and prior to defendant’s trial, defendant filed a motion to dismiss the 13 murder counts, arguing that the trial court lacked criminal jurisdiction under section 1-5 of the Criminal Code of 1961 (Criminal Code) (720 ILCS…”
In re Kelan W. (2022)
“¶ 16 Similarly, respondent’s reliance upon section 5-101(3) of the Act’s purpose and policy provision, in conjunction with the adult criminal jurisdiction provision contained in section 1-5(a) of the Code (720 ILCS 5/1-5(a)(1) (West 2020)) is misplaced.”
People v. Soto (2022)
“Jurisdiction ¶ 111 Defendant also contends that the trial court lacked jurisdiction because the State failed to prove at trial that the offenses occurred in Illinois. ¶ 112 A defendant is subject to prosecution in Illinois for a criminal offense if it is “committed either wholly…”
People v. SHARIFPOUR (2010)
“2d 1014 (2002); see also 720 ILCS 5/1-5 (West 2008) (the trial court has subject matter jurisdiction over all criminal offenses committed in this state).”
People v. Fiveash (2015)
“” 720 ILCS 5/1-5(a), 2-15 (West 2004). Thus, the legislature has effectively enacted a seamless set of provisions committed to the uniform enforcement of the criminal laws of this state.”
People v. Deleon (2015)
“" 720 ILCS 5/1-5(a)(1) (West 2008). An offense will be considered to have been committed partly in Illinois "if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State.”
People v. Wise (2019)
“720 ILCS 5/1-5(a)(1) (West 2014). An offense is committed partly within the state when conduct that is an element of the offense occurs within the State.”
— 720 ILCS 5/1-5(a) — 5 cases
People v. Fiveash (2015)
“” 720 ILCS 5/1-5(a), 2-15 (West 2004). Thus, the legislature has effectively enacted a seamless set of provisions committed to the uniform enforcement of the criminal laws of this state.”
People v. Cole (2023)
“¶ 12 Pretrial Proceedings ¶ 13 After Mitchell’s trial and prior to defendant’s trial, defendant filed a motion to dismiss the 13 murder counts, arguing that the trial court lacked criminal jurisdiction under section 1-5 of the Criminal Code of 1961 (Criminal Code) (720 ILCS…”
In re Kelan W. (2021)
Thomas v. Miller (2018)
People v. Ruppenthal (2002)
— 720 ILCS 5/1-5(a)(1) — 15 cases
People v. McGee (2016)
“See 720 ILCS 5/1-5(a)(1) (West 2008) (Illinois has jurisdiction over a crime that occurred “wholly or partly within the State”); see also 720 ILCS 5/1-5(b) (West 2008) (An offense is committed partly in Illinois if either the conduct or a result that constitutes an element of…”
People v. Wise (2021)
“His testimony left open the possibility that the firearm may have been “about” defendant’s person during the earliest stages of the drive.”
In re Kelan W. (2022)
“¶ 16 Similarly, respondent’s reliance upon section 5-101(3) of the Act’s purpose and policy provision, in conjunction with the adult criminal jurisdiction provision contained in section 1-5(a) of the Code (720 ILCS 5/1-5(a)(1) (West 2020)) is misplaced.”
People v. Soto (2022)
“Jurisdiction ¶ 111 Defendant also contends that the trial court lacked jurisdiction because the State failed to prove at trial that the offenses occurred in Illinois. ¶ 112 A defendant is subject to prosecution in Illinois for a criminal offense if it is “committed either wholly…”
People v. Mitchell (2019)
“38, ¶ 1-5, with 720 ILCS 5/1-5 (1998). ¶ 28 In Holt, the defendant kidnapped the victim in Illinois and drove her to Wisconsin where he raped and murdered her.”
— 720 ILCS 5/1-5(b) — 9 cases
People v. McGee (2016)
“See 720 ILCS 5/1-5(a)(1) (West 2008) (Illinois has jurisdiction over a crime that occurred “wholly or partly within the State”); see also 720 ILCS 5/1-5(b) (West 2008) (An offense is committed partly in Illinois if either the conduct or a result that constitutes an element of…”
People v. Jones (2006)
“720 ILCS 5/1-5(b) (West 1994). When the victim is not discovered in Illinois, the State does not receive the presumption and must establish venue beyond a reasonable doubt.”
People v. Mitchell (2019)
“38, ¶ 1-5, with 720 ILCS 5/1-5 (1998). ¶ 28 In Holt, the defendant kidnapped the victim in Illinois and drove her to Wisconsin where he raped and murdered her.”
People v. Mitchell (2018)
“The defendant was convicted in Illinois of aggravated kidnapping and murder under the felony-murder rule. On appeal, the State argued that the kidnapping was an element of the murder as charged under the felony-murder rule, and the occurrence of the kidnapping in Illinois…”
People v. Deleon (2015)
“" 720 ILCS 5/1-5(a)(1) (West 2008). An offense will be considered to have been committed partly in Illinois "if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State.”
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