Illinois Compiled Statutes
720 ILCS 5/4-2 (2026)
Possession as voluntary act
✓ current as of May 2026
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(720 ILCS 5/4-2)
(from Ch. 38, par. 4-2)
Sec. 4-2.
Possession
as voluntary act.
Possession 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.
(Source: Laws 1961, p. 1983.)
Notes of Decisions
Cited in 13
cases (6 in the last 5 years), 2013–2024 · leading case: People v. Hunter, 2013 IL 114100 (Ill. 2013).
People v. Hunter, 2013 IL 114100 (Ill. 2013). “1947)). ¶ 17 However, the legislature has clarified the meaning of the term “act” as applied to this case.”
People v. Lee, 2019 IL App (1st) 162563 (Ill. App. Ct. 2019). “720 ILCS 5/4-2 (West 2016) (possession must be knowing to qualify as voluntary act, as required for criminal liability); see also Gean , 143 Ill.”
People v. Hampton, 2024 IL App (1st) 230171 (Ill. App. Ct. 2024). “Wallace, 2023 IL App (1st) 200917, ¶ 38 (citing Ramirez, 2023 IL 128123, ¶ 22 ); see also 720 ILCS 5/4-2 (West 2020) (noting that possession is a voluntary act only if “the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a…”
People v. Lee, 2019 IL App (1st) 162563 (Ill. App. Ct. 2019). “720 ILCS 5/4-2 (West 2016) (possession must be knowing to qualify as voluntary act, as required for criminal liability); see also Gean, 143 Ill.”
People v. Wallace, 2023 IL App (1st) 200917 (Ill. App. Ct. 2023). “; see also 720 ILCS 5/4-2 (West 2018) (defining possession as a voluntary act); People v.”
People v. Rollins, 2023 IL App (2d) 200744 (Ill. App. Ct. 2023). “1(b)(5) (West 2016))] and the Possession statute (720 ILCS 5/4-2 [(West 2016)]) are both impermissibly vague.”
People v. Wallace, 2023 IL App (1st) 200917-U (Ill. App. Ct. 2023). “; see also 720 ILCS 5/4-2 (West 2018) (defining possession as a voluntary act); People v.”
People v. Lewis, 2016 IL App (4th) 140852 (Ill. App. Ct. 2017). “See 720 ILCS 5/4-2 (West 2012) (“Possession 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.”
People v. Lee, 2018 IL App (1st) 162563 (Ill. App. Ct. 2019). “720 ILCS 5/4-2 (possession must be 32 1-16-2563 knowing to qualify as voluntary act, as required for criminal liability); see also Gean, 143 Ill.”
People v. Williams, 2022 IL App (1st) 190496 (Ill. App. Ct. 2022). “See 720 ILCS 5/4-2, 24- 1.7(a) (West 2018). The gun was in a concealed location, and the State did not offer any proof that defendant owned the car or any forensic evidence, like DNA or fingerprints, linking him to the gun.”
People v. Lewis, 2016 IL App (4th) 140852 (Ill. App. Ct. 2016). “See 720 ILCS 5/4-2 (West 2012) (“Possession 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.”
People v. Lee, 2018 IL App (1st) 162563 (Ill. App. Ct. 2019). “720 ILCS 5/4-2 (possession must be 32 1-16-2563 knowing to qualify as voluntary act, as required for criminal liability); see also Gean, 143 Ill.”
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