ILCS » Chapter 720 · Act 5

720 ILCS 5/4-1

Voluntary act

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(720 ILCS 5/4-1) (from Ch. 38, par. 4-1)
    Sec. 4-1. Voluntary act.
    A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing.
(Source: Laws 1961, p. 1983.)

    
Notes of Decisions
Cited in 27 cases (9 in the last 5 years), 2002–2026 · leading case: People v. Ehlert
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People v. Ehlert (2004) ill “" 720 ILCS 5/4-1 (West 2002). There is no question that the common law imposed a duty upon defendant to attempt to aid her child.”
People v. Hernandez (2012) illappct “Instead, the majority has taken portions of the trial judge's remarks to conclude that he did *936 not understand what is a very basic principle of Illinois criminal law, the elements of an offense.”
People v. Johnson (2018) illappct “" She contends that such evidence was relevant to the determination as to whether she acted voluntarily, and her mental state. The State responds that the trial court properly excluded the proposed evidence because defendant was essentially attempting to raise the nonexistent…”
People v. Stiles (2002) illappct “Compare 720 ILCS 5/4-1 (West 2000) (`Voluntary Act') with 720 ILCS 5/4-3 (West 2000) (`Mental State').”
People v. Grever (2004) illappct “Compare 720 ILCS 5/4-1 (West 1998) ("A material element of every offense is a voluntary act, which includes an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing") with 720 ILCS 5/4-3(a) (West 1998) ("A person is not…”
People v. Johnson (2018) illappct “¶ 61 Defendant’s main contention on appeal is that the proposed evidence would have demonstrated that her actions were not voluntary.”
People v. Sito (2013) illappct “’ (720 ILCS 5/4-1 (West 1992).) In turn, section 4-2 provides that ‘[p]ossession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession.”
State v. Ireland (2017) ohioctapp “' 720 ILCS 5/4-1 (West 2010)." See also Palmer v.”
People v. Wallace (2023) illappct “Rather, there are two essential elements in all criminal offenses, (1) a voluntary act (720 ILCS 5/4-1 (West 2018)) and (2) a mental state (720 ILCS 5/4-3 (West 2018)).”
People v. Nelson (2014) illappct · cites it 2× “” 720 ILCS 5/4-1 (West 2010). ¶ 27 In People v.”
People v. Nelson (2014) illappct · cites it 2× “" 720 ILCS 5/4-1 (West 2010). ¶ 27 In People v.”
People v. Tepper (2016) illappct “For support, defendant relies on the voluntary-act requirement in section 4-1 of the Code (720 ILCS 5/4-1 (West 2012)), which plainly does not support defendant’s position.”
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