ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/3-2 (2026)

Affirmative defense

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
    Sec. 3-2. Affirmative defense.
    (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.
    (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)

    
Notes of Decisions
Cited in 38 cases (11 in the last 5 years), 1993–2026 · leading case: People v. Guja, 2016 IL App (1st) 140046 (Ill. App. Ct. 2016).
Sort: Relevance Newest Treatment
People v. Guja, 2016 IL App (1st) 140046 (Ill. App. Ct. 2016). · cites it 2× “See 720 ILCS 5/3-2 (West 2010); Jeffries, 164 Ill.”
People v. Jones, 676 N.E.2d 646 (Ill. 1997). · cites it 2× “2d 455 ; 720 ILCS 5/3-2(a) (West 1992). In essence, unless the evidence before the trial court is so clear and convincing as to permit the court to find as a matter of law that there is no affirmative defense, the issue of whether a defendant should be relieved of criminal…”
People v. Pinkney, 750 N.E.2d 673 (Ill. App. Ct. 2001). “06 states: "A person is justified in the use of force when and to the extent that he reasonably believes that such conduct is necessary to defend himself against the imminent use of unlawful force.”
People v. Burnett, 2016 IL App (1st) 141033 (Ill. App. Ct. 2016). “Although a defendant must prove by clear and convincing evidence that he is not guilty by reason of insanity (720 ILCS 5/6-4 (West 2010)), insanity is an affirmative defense, which means that the defendant merely needs to present “some evidence” to properly raise it (720 ILCS…”
People v. Brown, 2023 IL App (4th) 220399 (Ill. App. Ct. 2023). · cites it 2× “” 720 ILCS 5/3-2(a) (West 2020). Once an affirmative -8- defense is raised, “the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense.”
People v. Grayer, 2023 IL 128871 (Ill. 2023). “720 ILCS 5/3-2(b) (West 2000). ¶ 22 In 2002, the legislature amended section 6-3 to its present form.”
People v. Miller, 2021 IL App (1st) 190060 (Ill. App. Ct. 2021). “¶ 46 If an affirmative defense is raised, “then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense.”
People v. Wiggen, 2021 IL App (3d) 180486 (Ill. App. Ct. 2021). “Thus, a defendant may argue that the facts presented at trial established the existence of an affirmative defense in such a manner that the evidence cannot sustain her guilt.”
People v. Nelson, 2020 IL App (1st) 151960 (Ill. App. Ct. 2021). “720 ILCS 5/3-2 (West 2006); People v. Hari, 218 Ill.”
People v. Landwer, 626 N.E.2d 306 (Ill. App. Ct. 1993). · cites it 2× “The trial court gave the entrapment instruction: "It is a defense to the charge made against the defendant that he was entrapped, that is, that for the purpose of obtaining evidence against the defendant he was incited or induced by a public employee and/or an agent of a public…”
City of Naperville v. Watson, 677 N.E.2d 955 (Ill. 1997). “2d 319 (1977); 720 ILCS 5/3-2(a) (West 1994). The trial court may not weigh the evidence in deciding whether an issue has been raised *961 entitling a defendant to an instruction.”
People v. Green, 957 N.E.2d 1233 (Ill. App. Ct. 2011). “2d 307 (2004) (discussing the State's burden in the context of an analogous self-defense claim); 720 ILCS 5/7-14 (West 2010); 720 ILCS 5/3-2(b) (West 2010) (where affirmative defense is raised, "the State must sustain the burden of proving the defendant guilty beyond a…”
Show all 38 citing cases →
— 720 ILCS 5/3-2(a) — 18 cases
People v. Jones, 676 N.E.2d 646 (Ill. 1997). “2d 455 ; 720 ILCS 5/3-2(a) (West 1992). In essence, unless the evidence before the trial court is so clear and convincing as to permit the court to find as a matter of law that there is no affirmative defense, the issue of whether a defendant should be relieved of criminal…”
People v. Burnett, 2016 IL App (1st) 141033 (Ill. App. Ct. 2016). “Although a defendant must prove by clear and convincing evidence that he is not guilty by reason of insanity (720 ILCS 5/6-4 (West 2010)), insanity is an affirmative defense, which means that the defendant merely needs to present “some evidence” to properly raise it (720 ILCS…”
People v. Wiggen, 2021 IL App (3d) 180486 (Ill. App. Ct. 2021). “Thus, a defendant may argue that the facts presented at trial established the existence of an affirmative defense in such a manner that the evidence cannot sustain her guilt.”
City of Naperville v. Watson, 677 N.E.2d 955 (Ill. 1997). “2d 319 (1977); 720 ILCS 5/3-2(a) (West 1994). The trial court may not weigh the evidence in deciding whether an issue has been raised *961 entitling a defendant to an instruction.”
People v. Brown, 2023 IL App (4th) 220399 (Ill. App. Ct. 2023). “” 720 ILCS 5/3-2(a) (West 2020). Once an affirmative -8- defense is raised, “the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense.”
— 720 ILCS 5/3-2(b) — 20 cases
People v. Guja, 2016 IL App (1st) 140046 (Ill. App. Ct. 2016). “See 720 ILCS 5/3-2 (West 2010); Jeffries, 164 Ill.”
People v. Jones, 676 N.E.2d 646 (Ill. 1997). “2d 455 ; 720 ILCS 5/3-2(a) (West 1992). In essence, unless the evidence before the trial court is so clear and convincing as to permit the court to find as a matter of law that there is no affirmative defense, the issue of whether a defendant should be relieved of criminal…”
People v. Grayer, 2023 IL 128871 (Ill. 2023). “720 ILCS 5/3-2(b) (West 2000). ¶ 22 In 2002, the legislature amended section 6-3 to its present form.”
People v. Miller, 2021 IL App (1st) 190060 (Ill. App. Ct. 2021). “¶ 46 If an affirmative defense is raised, “then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense.”
People v. Landwer, 626 N.E.2d 306 (Ill. App. Ct. 1993). “The trial court gave the entrapment instruction: "It is a defense to the charge made against the defendant that he was entrapped, that is, that for the purpose of obtaining evidence against the defendant he was incited or induced by a public employee and/or an agent of a public…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.