ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/1-6 (2026)

Place of trial

✓ current as of May 2026
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(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
    Sec. 1-6. Place of trial.
    (a) Generally.
    Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law. The State is not required to prove during trial that the alleged offense occurred in any particular county in this State. When a defendant contests the place of trial under this Section, all proceedings regarding this issue shall be conducted under Section 114-1 of the Code of Criminal Procedure of 1963. All objections of improper place of trial are waived by a defendant unless made before trial.
    (b) Assailant and Victim in Different Counties.
    If a person committing an offense upon the person of another is located in one county and his victim is located in another county at the time of the commission of the offense, trial may be had in either of said counties.
    (c) Death and Cause of Death in Different Places or Undetermined.
    If cause of death is inflicted in one county and death ensues in another county, the offender may be tried in either county. If neither the county in which the cause of death was inflicted nor the county in which death ensued are known before trial, the offender may be tried in the county where the body was found.
    (d) Offense Commenced Outside the State.
    If the commission of an offense commenced outside the State is consummated within this State, the offender shall be tried in the county where the offense is consummated.
    (e) Offenses Committed in Bordering Navigable Waters.
    If an offense is committed on any of the navigable waters bordering on this State, the offender may be tried in any county adjacent to such navigable water.
    (f) Offenses Committed while in Transit.
    If an offense is committed upon any railroad car, vehicle, watercraft or aircraft passing within this State, and it cannot readily be determined in which county the offense was committed, the offender may be tried in any county through which such railroad car, vehicle, watercraft or aircraft has passed.
    (g) Theft.
    A person who commits theft of property may be tried in any county in which he exerted control over such property.
    (h) Bigamy.
    A person who commits the offense of bigamy may be tried in any county where the bigamous marriage or bigamous cohabitation has occurred.
    (i) Kidnaping.
    A person who commits the offense of kidnaping may be tried in any county in which his victim has traveled or has been confined during the course of the offense.
    (j) Pandering.
    A person who commits the offense of pandering as set forth in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be tried in any county in which the prostitution was practiced or in any county in which any act in furtherance of the offense shall have been committed.
    (k) Treason.
    A person who commits the offense of treason may be tried in any county.
    (l) Criminal Defamation.
    If criminal defamation is spoken, printed or written in one county and is received or circulated in another or other counties, the offender shall be tried in the county where the defamation is spoken, printed or written. If the defamation is spoken, printed or written outside this state, or the offender resides outside this state, the offender may be tried in any county in this state in which the defamation was circulated or received.
    (m) Inchoate Offenses.
    A person who commits an inchoate offense may be tried in any county in which any act which is an element of the offense, including the agreement in conspiracy, is committed.
    (n) Accountability for Conduct of Another.
    Where a person in one county solicits, aids, abets, agrees, or attempts to aid another in the planning or commission of an offense in another county, he may be tried for the offense in either county.
    (o) Child Abduction.
    A person who commits the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense. Notwithstanding the foregoing, unless for good cause shown, the preferred place of trial shall be the county of the residence of the lawful custodian.
    (p) A person who commits the offense of narcotics racketeering may be tried in any county where cannabis or a controlled substance which is the basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; any money, property, property interest, or any other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or, any enterprise interest obtained as a result of narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.
    (q) A person who commits the offense of money laundering may be tried in any county where any part of a financial transaction in criminally derived property took place or in any county where any money or monetary instrument which is the basis for the offense was acquired, used, sold, transferred or distributed to, from or through.
    (r) A person who commits the offense of cannabis trafficking or controlled substance trafficking may be tried in any county.
    (s) A person who commits the offense of online sale of stolen property, online theft by deception, or electronic fencing may be tried in any county where any one or more elements of the offense took place, regardless of whether the element of the offense was the result of acts by the accused, the victim or by another person, and regardless of whether the defendant was ever physically present within the boundaries of the county.
    (t) A person who commits the offense of identity theft or aggravated identity theft may be tried in any one of the following counties in which: (1) the offense occurred; (2) the information used to commit the offense was illegally used; or (3) the victim resides.
    (u) A person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which: (1) any part of the offense occurred; or (2) the victim or one of the victims reside.
    If a person is charged with more than one violation of identity theft or aggravated identity theft and those violations may be tried in more than one county, any of those counties is a proper venue for all of the violations.
    (v) A person who commits the offense of non-consensual dissemination of private sexual images may be tried in any one of the following counties in which: (1) the offense occurred; or (2) the victim resides.
(Source: P.A. 104-323, eff. 1-1-26.)

    
Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 1994–2026 · leading case: People v. Bochenek, 2021 IL 125889 (Ill. 2021).
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People v. Bochenek, 2021 IL 125889 (Ill. 2021). · cites it 3× “, 720 ILCS 5/1-6(o) (West 2016) (“the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense,” but “the preferred place of trial shall be the county of the residence of the…”
People v. Digirolamo, 688 N.E.2d 116 (Ill. 1997). · cites it 4× “*128 Section 1-6 of the Criminal Code of 1961 (720 ILCS 5/1-6 (West 1992)) sets forth the general venue provision for criminal cases.”
People v. Jones, 845 N.E.2d 598 (Ill. 2006). · cites it 2× “Dickerman was killed in Sangamon County and therefore failed to prove a necessary element of the offense — venue — and his conviction must be vacated.”
People v. Adams, 641 N.E.2d 514 (Ill. 1994). · cites it 2× “" (720 ILCS 5/1-6(a) (West 1992).) Other provisions specify where venue will lie for transitory and continuing offenses and for offenses in which venue would be proper in more than one place.”
People v. Woodard, 677 N.E.2d 935 (Ill. 1997). “, 730 ILCS 5/5-8-1(c) (West 1994) (defendant waives right to challenge correctness of sentence or other aspects of sentencing hearing if claim not included in written motion to reduce sentence within 30 days); 720 ILCS 5/1-6(a) (West 1994) (objections to improper place of trial…”
State v. Mayze, 622 S.E.2d 836 (Ga. 2005). · cites it 2× “568 (15), (16)); Illinois (720 ILCS 5/1-6 (s)); Iowa (I.C.A. § 715A.”
People v. Bochenek, 2020 IL App (2d) 170545 (Ill. App. Ct. 2020). “Venue ¶ 27 Defendant argues that the venue provision for identity theft (720 ILCS 5/1-6(t) (West 2014)) is facially unconstitutional because the Illinois Constitution gives a defendant the right “[i]n criminal prosecutions *** to have a speedy public trial by an impartial jury…”
White v. Sunrise Healthcare Corp., 692 N.E.2d 1363 (Ill. App. Ct. 1998). “There, the court refused to apply an amendment to the general venue provision for criminal cases (see 720 ILCS 5/1-6 (West 1992)) where the defendant was tried before the statute was amended.”
People v. Henry, 2025 IL App (3d) 230137 (Ill. App. Ct. 2025). · cites it 3× “” 720 ILCS 5/1-6(a) (West 2022). 7 ¶ 20 In a motion to dismiss for improper venue, the defendant must make a prima facie showing that venue is improper.”
People v. Arellano, 2022 IL App (2d) 200319-U (Ill. App. Ct. 2022). · cites it 4× “” 720 ILCS 5/1-6(a) (West 2012). ¶7 Defendant also moved to suppress certain evidence, including statements he made to Detective Doug Wade of the Illinois State Police’s Blackhawk Area Task Force (Task Force).”
People v. Lange, 2021 IL App (2d) 200045-U (Ill. App. Ct. 2021). · cites it 4× “” 720 ILCS 5/1-6(a) (West 2018). Upon the written motion of a defendant, the trial court may dismiss the indictment on the basis of improper venue (725 ILCS 5/114-1(d-5) (West 2018)) or order the cause transferred (725 ILCS 5/114-1(f) (West 2018)).”
People v. DeBates, 2021 IL App (2d) 200503 (Ill. App. Ct. 2021). · cites it 4× “” 720 ILCS 5/1-6(b) (West 2018). ¶ 12 The trial court found no evidence that the named Boone County residents were victims in any meaningful sense, having suffered no physical injuries or monetary loss.”
Show all 19 citing cases →
— 720 ILCS 5/1-6(a) — 10 cases
People v. Digirolamo, 688 N.E.2d 116 (Ill. 1997). “*128 Section 1-6 of the Criminal Code of 1961 (720 ILCS 5/1-6 (West 1992)) sets forth the general venue provision for criminal cases.”
People v. Woodard, 677 N.E.2d 935 (Ill. 1997). “, 730 ILCS 5/5-8-1(c) (West 1994) (defendant waives right to challenge correctness of sentence or other aspects of sentencing hearing if claim not included in written motion to reduce sentence within 30 days); 720 ILCS 5/1-6(a) (West 1994) (objections to improper place of trial…”
People v. Jones, 845 N.E.2d 598 (Ill. 2006). “Dickerman was killed in Sangamon County and therefore failed to prove a necessary element of the offense — venue — and his conviction must be vacated.”
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “" (720 ILCS 5/1-6(a) (West 1992).) Other provisions specify where venue will lie for transitory and continuing offenses and for offenses in which venue would be proper in more than one place.”
People v. Henry, 2025 IL App (3d) 230137 (Ill. App. Ct. 2025). “” 720 ILCS 5/1-6(a) (West 2022). 7 ¶ 20 In a motion to dismiss for improper venue, the defendant must make a prima facie showing that venue is improper.”
— 720 ILCS 5/1-6(b) — 2 cases
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “" (720 ILCS 5/1-6(a) (West 1992).) Other provisions specify where venue will lie for transitory and continuing offenses and for offenses in which venue would be proper in more than one place.”
People v. DeBates, 2021 IL App (2d) 200503 (Ill. App. Ct. 2021). “” 720 ILCS 5/1-6(b) (West 2018). ¶ 12 The trial court found no evidence that the named Boone County residents were victims in any meaningful sense, having suffered no physical injuries or monetary loss.”
— 720 ILCS 5/1-6(c) — 1 case
People v. McMillian, 2026 IL App (3d) 240616-U (Ill. App. Ct. 2026).
— 720 ILCS 5/1-6(f) — 1 case
People v. Arellano, 2022 IL App (2d) 200319-U (Ill. App. Ct. 2022). “” 720 ILCS 5/1-6(a) (West 2012). ¶7 Defendant also moved to suppress certain evidence, including statements he made to Detective Doug Wade of the Illinois State Police’s Blackhawk Area Task Force (Task Force).”
— 720 ILCS 5/1-6(g) — 2 cases
People v. Moreland (Ill. App. Ct. 1997).
People v. Eggerman (Ill. App. Ct. 1997).
— 720 ILCS 5/1-6(m) — 2 cases
People v. Henry, 2025 IL App (3d) 230137 (Ill. App. Ct. 2025). “” 720 ILCS 5/1-6(a) (West 2022). 7 ¶ 20 In a motion to dismiss for improper venue, the defendant must make a prima facie showing that venue is improper.”
People v. Lange, 2021 IL App (2d) 200045-U (Ill. App. Ct. 2021). “” 720 ILCS 5/1-6(a) (West 2018). Upon the written motion of a defendant, the trial court may dismiss the indictment on the basis of improper venue (725 ILCS 5/114-1(d-5) (West 2018)) or order the cause transferred (725 ILCS 5/114-1(f) (West 2018)).”
— 720 ILCS 5/1-6(n) — 1 case
People v. Lange, 2021 IL App (2d) 200045-U (Ill. App. Ct. 2021). “” 720 ILCS 5/1-6(a) (West 2018). Upon the written motion of a defendant, the trial court may dismiss the indictment on the basis of improper venue (725 ILCS 5/114-1(d-5) (West 2018)) or order the cause transferred (725 ILCS 5/114-1(f) (West 2018)).”
— 720 ILCS 5/1-6(o) — 1 case
People v. Bochenek, 2021 IL 125889 (Ill. 2021). “, 720 ILCS 5/1-6(o) (West 2016) (“the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense,” but “the preferred place of trial shall be the county of the residence of the…”
— 720 ILCS 5/1-6(r) — 1 case
People v. Arellano, 2022 IL App (2d) 200319-U (Ill. App. Ct. 2022). “” 720 ILCS 5/1-6(a) (West 2012). ¶7 Defendant also moved to suppress certain evidence, including statements he made to Detective Doug Wade of the Illinois State Police’s Blackhawk Area Task Force (Task Force).”
— 720 ILCS 5/1-6(t) — 2 cases
People v. Bochenek, 2021 IL 125889 (Ill. 2021). “, 720 ILCS 5/1-6(o) (West 2016) (“the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense,” but “the preferred place of trial shall be the county of the residence of the…”
People v. Bochenek, 2020 IL App (2d) 170545 (Ill. App. Ct. 2020). “Venue ¶ 27 Defendant argues that the venue provision for identity theft (720 ILCS 5/1-6(t) (West 2014)) is facially unconstitutional because the Illinois Constitution gives a defendant the right “[i]n criminal prosecutions *** to have a speedy public trial by an impartial jury…”
— 720 ILCS 5/1-6(t)(3) — 1 case
People v. DeBates, 2021 IL App (2d) 200503 (Ill. App. Ct. 2021). “” 720 ILCS 5/1-6(b) (West 2018). ¶ 12 The trial court found no evidence that the named Boone County residents were victims in any meaningful sense, having suffered no physical injuries or monetary loss.”
— 720 ILCS 5/1-6(u) — 1 case
People v. Bochenek, 2021 IL 125889 (Ill. 2021). “, 720 ILCS 5/1-6(o) (West 2016) (“the offense of child abduction may be tried in any county in which his victim has traveled, been detained, concealed or removed to during the course of the offense,” but “the preferred place of trial shall be the county of the residence of the…”
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