Illinois Compiled Statutes
720 ILCS 5/11-40 (2026)
Fornication
✓ current as of May 2026
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(720 ILCS 5/11-40)
(was 720 ILCS 5/11-8)
Sec. 11-40. Fornication. (a) A person commits fornication when he or she knowingly has sexual intercourse with
another not his or her spouse if the behavior is open and
notorious.
A person shall be exempt from prosecution under this Section if his
liability is based solely on evidence he has given in order to comply with the
requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved
April 11, 1967, as amended.
(b) Sentence.
Fornication is a Class B misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
Notes of Decisions
Cited in 10
cases, 2014–2017 · leading case: Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016).
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). “1, 1990) (codified at 720 ILCS 5/11-40 (West 2010))), Wallace was, in effect, superseded.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). “1, 1990) (codified at 720 ILCS 5/11-40 (West 2010))), Wallace was, in effect, superseded.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2014). “38, ¶11-8 (a "person who cohabits *** commits fornification if the behavior is open and notorious") (now 720 ILCS 5/11-40 (West 2010)); Jarrett v.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2015). “38, ¶ 11-8 (a “person who cohabits *** commits fornication if the behavior is open and notorious”) (now 720 ILCS 5/11-40 (West 2010)); Jarrett v.”
In re Marriage of Allen, 2016 IL App (1st) 151620 (Ill. App. Ct. 2016). “1, 1990) (deleting “cohabits” from what is now 720 ILCS 5/11-40 (West 2010)), Pub. Act 83-1372 (eff.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). “¶ 101 The Second Restatement of Contracts, which was completed in 1979 and published in 1981, deleted the section of the First Restatement quoted in Hewitt and ceased to define all bargains between people in intimate relationships as illegal.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). “¶ 101 The Second Restatement of Contracts, which was completed in 1979 and published in 1981, deleted the section of the First Restatement quoted in Hewitt and ceased to define all bargains between people in intimate relationships as illegal.”
In re Marriage of Allen, 2016 IL App (1st) 151620 (Ill. App. Ct. 2016). “Jan 1, 1990) (deleting "cohabits" from criminal code 720 ILCS 5/11-40 (West 2010)); Pub. Act 83-1372 (eff.”
In re Marriage of Allen, 2016 IL App (1st) 151620 (Ill. App. Ct. 2017). “1, 1990) (deleting “cohabits” from what is now 720 ILCS 5/11-40 (West 2010)), Pub. Act 83-1372 (eff.”
In re Marriage of Allen, 2016 IL App (1st) 151620 (Ill. App. Ct. 2016). “Jan 1, 1990) (deleting "cohabits" from criminal code 720 ILCS 5/11-40 (West 2010)); Pub. Act 83-1372 (eff.”
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