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Illinois Compiled Statutes

720 ILCS 5/4-5 (2026)

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(720 ILCS 5/4-5) (from Ch. 38, par. 4-5)
    Sec. 4-5. Knowledge. A person knows, or acts knowingly or with knowledge of:
        (a) The nature or attendant circumstances of his or
    
her conduct, described by the statute defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that the fact exists.
        (b) The result of his or her conduct, described by
    
the statute defining the offense, when he or she is consciously aware that that result is practically certain to be caused by his conduct.
    Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the term "willfully", unless the statute clearly requires another meaning.
    When the law provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally.
(Source: P.A. 96-710, eff. 1-1-10.)

    
Notes of Decisions
Cited in 212 cases (92 in the last 5 years), 1994–2026 · leading case: People v. Lattimore, 955 N.E.2d 1244 (Ill. App. Ct. 2011).
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People v. Lattimore, 955 N.E.2d 1244 (Ill. App. Ct. 2011). · cites it 3× “A person "acts intentionally" if the "conscious objective or purpose is to accomplish [the] result.”
People v. Hall, 841 N.E.2d 913 (Ill. 2005). “" 720 ILCS 5/4-5 (West 1998). Taken as true, defendant's factual allegation that he did not know the child was inside the vehicle constitutes a defense to the charge of aggravated kidnapping.”
People v. McDonald, 2016 IL 118882 (Ill. 2016). “720 ILCS 5/4-5 (West 2014). ¶ 52 Certain factors, while not dispositive, may be considered in deciding whether an involuntary manslaughter jury instruction is warranted: (1) the disparity of size and strength between the defendant and the victim, (2) the duration of the…”
People v. Leib, 2022 IL 126645 (Ill. 2022). · cites it 2× “” Pursuant to section 4-5 of the Code (720 ILCS 5/4-5 (West 2014)) a person acts knowingly when he is consciously aware that the circumstances described by the statute defining the offense exist.”
People v. Baskerville, 2012 IL 111056 (Ill. 2012). “720 ILCS 5/4-5(b) (West 2006). -7- to the same constitutional protections raised in Raby as politically motivated or purely expressive speech.”
People v. Ramirez, 2023 IL 128123 (Ill. 2023). “” 720 ILCS 5/4-5 (West 2018). ¶ 23 Under section 24-5(b), the State must prove defacement in order to secure a conviction.”
People v. Nash, 669 N.E.2d 353 (Ill. App. Ct. 1996). · cites it 3× “The term "knew or should have known" is commonly used in civil cases; however, it should not be equated with the requisite mental state of "knowledge" in criminal prosecutions.”
People v. Fretch, 2017 IL App (2d) 151107 (Ill. App. Ct. 2017). “3d 982, 986 (1996) (citing 720 ILCS 5/4-5 (West 1992)), which holds that “knowledge” as an element of a crime means conscious awareness.”
People v. Hernandez, 967 N.E.2d 910 (Ill. App. Ct. 2012). · cites it 2× “720 ILCS 5/4-5 (West 2006). Knowledge generally refers to an awareness of the existence of facts which makes an individual's conduct unlawful.”
People v. Radford, 2020 IL 123975 (Ill. 2020). “(quoting 720 ILCS 5/4-5(b) (West 2002)). Applying this holding, we concluded that a rational trier of fact could have found that the defendant knowingly endangered his infant daughter’s life or health by leaving her unattended in a vehicle.”
Lawrence v. Regent Realty Grp., Inc., 754 N.E.2d 334 (Ill. 2001). “See 720 ILCS 5/4-5 (West 1998) (conduct performed knowingly or with knowledge is performed willfully, within the meaning of a statute using the term "wilfully," unless the statute clearly requires another meaning).”
People v. Pellegrini, 2019 IL App (3d) 170827 (Ill. App. Ct. 2019). “See Roldan, 2015 IL App (1st) 131962, ¶ 19 (noting the focus is on what the defendant knew or reasonably should have known regarding the victim’s willingness or ability to give knowing consent); see also 720 ILCS 5/4-5 (West 2012) (“Knowledge of a material fact includes…”
Show all 212 citing cases →
— 720 ILCS 5/4-5(1) — 2 cases
Tenorio v. Harris, 370 F. Supp. 3d 863 (E.D. Ill. 2019).
Tenorio v. Vill. of Robbins (N.D. Ill. 2019).
— 720 ILCS 5/4-5(a) — 55 cases
People v. Lattimore, 955 N.E.2d 1244 (Ill. App. Ct. 2011). “A person "acts intentionally" if the "conscious objective or purpose is to accomplish [the] result.”
People v. Cooper, 2024 IL App (2d) 220158 (Ill. App. Ct. 2024).
People v. Peterson, 868 N.E.2d 329 (Ill. App. Ct. 2007).
People v. Frazier, 2016 IL App (1st) 140911 (Ill. App. Ct. 2016).
People v. Hudson, 2023 IL App (1st) 192519 (Ill. App. Ct. 2023).
— 720 ILCS 5/4-5(b) — 79 cases
People v. Baskerville, 2012 IL 111056 (Ill. 2012). “720 ILCS 5/4-5(b) (West 2006). -7- to the same constitutional protections raised in Raby as politically motivated or purely expressive speech.”
People v. Radford, 2020 IL 123975 (Ill. 2020). “(quoting 720 ILCS 5/4-5(b) (West 2002)). Applying this holding, we concluded that a rational trier of fact could have found that the defendant knowingly endangered his infant daughter’s life or health by leaving her unattended in a vehicle.”
People v. Lattimore, 955 N.E.2d 1244 (Ill. App. Ct. 2011). “A person "acts intentionally" if the "conscious objective or purpose is to accomplish [the] result.”
People v. Baskerville, 963 N.E.2d 898 (Ill. 2012).
People v. Pollard, 2015 IL App (3d) 130467 (Ill. App. Ct. 2015).
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