Illinois Compiled Statutes
720 ILCS 5/2-9 (2026)
"Included offense"
✓ current as of May 2026
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(720 ILCS 5/2-9)
(from Ch. 38, par. 2-9)
Sec. 2-9.
"Included
offense".
"Included offense" means an offense which
(a) Is established by proof of the same or less than all of the facts or
a less culpable mental state (or both), than that which is required to
establish the commission of the offense charged, or
(b) Consists of an attempt to commit the offense charged or an offense
included therein.
(Source: Laws 1961, p. 1983.)
Notes of Decisions
Cited in 68
cases (14 in the last 5 years), 1993–2025 · leading case: People v. Davis, 821 N.E.2d 1154 (Ill. 2004).
People v. Davis, 821 N.E.2d 1154 (Ill. 2004). “2d 1166 ; 720 ILCS 5/2-9 (West 2002). Therefore, for involuntary manslaughter to be a lesser-included offense of felony murder, the felony-murder count must include a more culpable or equally culpable mental state as involuntary manslaughter.”
People v. Clark, 2016 IL 118845 (Ill. 2016). “” 720 ILCS 5/2-9 (West 2010). ¶ 36 We note that while some of the offenses identified in sections 18-2(a) and 18-4(a) appear to inclusively build upon others, not all exhibit that relationship.”
People v. Kennebrew, 2013 IL 113998 (Ill. 2013). “” 720 ILCS 5/2-9 (West 2008). This statutory definition provides little guidance, as it fails to “specify what source to examine in deciding whether a particular offense is a lesser included offense of another.”
People v. Stewart, 940 N.E.2d 273 (Ill. App. Ct. 2010). “2d 498 (2010) ("lesser-included offense [is] an *292 offense established by proof of lesser facts * * * than the charged offense"), citing 720 ILCS 5/2-9 (West 2004). The claimed lesser "facts" in this case, that the defendant acted only recklessly in setting a fire that spread…”
People v. Williams, 732 N.E.2d 767 (Ill. App. Ct. 2000). “" 720 ILCS 5/2-9(a)(West 1994). In applying this definition to determine whether a particular offense is included in a charged offense, the Illinois Supreme Court has held that the proper approach is to examine the charging instrument and the evidence presented at trial.”
People v. Lane, 2017 IL App (1st) 151988 (Ill. App. Ct. 2017). “) 720 ILCS 5/2-9(a) (West 2014). That definition says nothing about the level of punishment for the two offenses.”
People v. Rouse, 2020 IL App (1st) 170491 (Ill. App. Ct. 2020). “See 720 ILCS 5/2-9(b) (West 2010) (“ ‘Included offense’ means an offense which” “[c]onsists of an attempt to commit the offense charged or an offense included therein.”
People v. Petty, 2020 IL App (3d) 180011 (Ill. App. Ct. 2020). “Kennebrew, 2013 IL 113998, ¶ 28 (quoting 720 ILCS 5/2-9 (West 2008)). “[A] defendant may be convicted of an uncharged offense if it is a lesser-included offense of a crime expressly charged in the charging instrument and the evidence adduced at trial rationally supports a…”
People v. Landwer, 626 N.E.2d 306 (Ill. App. Ct. 1993). “2-9(a) (now 720 ILCS 5/2-9(a) (West 1992)).) A greater offense is one that includes "every element of the lesser offense, plus an additional element or elements, so that one cannot commit the offense charged without committing the lesser offense.”
People v. Lee, 2015 IL App (1st) 132059 (Ill. App. Ct. 2015). “" 720 ILCS 5/2-9 (West 2008). When deciding whether an uncharged crime is a lesser-included offense of the charged offense, we use the charging-instrument approach.”
People v. Hill, 2020 IL App (1st) 162119 (Ill. App. Ct. 2020). “” 720 ILCS 5/2-9(a) (West 2014). Here, we are dealing with the same facts— kicking a peace officer—and the same mental state—knowingly—in deciding whether the trial judge abused his discretion by refusing to instruct the jury on the uncharged offense of resisting a peace officer.”
People v. Pinkonsly, 772 N.E.2d 855 (Ill. App. Ct. 2002). “2-9(a) (now 720 ILCS 5/2-9 (West 1998)). Our supreme court has adopted the "charging instrument" approach to determine whether an offense is a lesser-included offense.”
— 720 ILCS 5/2-9(a) — 49 cases
People v. Williams, 732 N.E.2d 767 (Ill. App. Ct. 2000). “" 720 ILCS 5/2-9(a)(West 1994). In applying this definition to determine whether a particular offense is included in a charged offense, the Illinois Supreme Court has held that the proper approach is to examine the charging instrument and the evidence presented at trial.”
People v. Lane, 2017 IL App (1st) 151988 (Ill. App. Ct. 2017). “) 720 ILCS 5/2-9(a) (West 2014). That definition says nothing about the level of punishment for the two offenses.”
People v. Landwer, 626 N.E.2d 306 (Ill. App. Ct. 1993). “2-9(a) (now 720 ILCS 5/2-9(a) (West 1992)).) A greater offense is one that includes "every element of the lesser offense, plus an additional element or elements, so that one cannot commit the offense charged without committing the lesser offense.”
People v. Stewart, 940 N.E.2d 273 (Ill. App. Ct. 2010). “2d 498 (2010) ("lesser-included offense [is] an *292 offense established by proof of lesser facts * * * than the charged offense"), citing 720 ILCS 5/2-9 (West 2004). The claimed lesser "facts" in this case, that the defendant acted only recklessly in setting a fire that spread…”
People v. Hill, 2020 IL App (1st) 162119 (Ill. App. Ct. 2020). “” 720 ILCS 5/2-9(a) (West 2014). Here, we are dealing with the same facts— kicking a peace officer—and the same mental state—knowingly—in deciding whether the trial judge abused his discretion by refusing to instruct the jury on the uncharged offense of resisting a peace officer.”
— 720 ILCS 5/2-9(b) — 2 cases
People v. Rouse, 2020 IL App (1st) 170491 (Ill. App. Ct. 2020). “See 720 ILCS 5/2-9(b) (West 2010) (“ ‘Included offense’ means an offense which” “[c]onsists of an attempt to commit the offense charged or an offense included therein.”
People v. Powell, 2020 IL App (5th) 170065-U (Ill. App. Ct. 2020).
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