Illinois Compiled Statutes
720 ILCS 5/4-6 (2026)
Recklessness
✓ current as of May 2026
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(720 ILCS 5/4-6)
(from Ch. 38, par. 4-6)
Sec. 4-6. Recklessness. A person is reckless or acts recklessly when that person consciously disregards
a substantial and unjustifiable risk that circumstances exist or that a
result will follow, described by the statute defining the offense, and that
disregard constitutes a gross deviation from the standard of care that a
reasonable person would exercise in the situation. An act performed
recklessly is performed wantonly, within the meaning of a statute using the
term "wantonly", unless the statute clearly requires another meaning.
(Source: P.A. 96-710, eff. 1-1-10.)
Notes of Decisions
Cited in 128
cases (32 in the last 5 years), 1993–2026 · leading case: United States v. Woods, 576 F.3d 400 (7th Cir. 2009).
United States v. Woods, 576 F.3d 400 (7th Cir. 2009). “720 ILCS 5/4-6 (emphasis added). No one argues that Illinois involuntary manslaughter falls within either U.”
People v. DiVincenzo, 700 N.E.2d 981 (Ill. 1998). “Recklessness is statutorily defined: "A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offense; and such disregard constitutes…”
People v. Relerford, 2017 IL 121094 (Ill. 2017). “See 720 ILCS 5/4-6, 4-7, 4-9 (West 2012). Contrary to the views expressed by the appellate court, substantive due process does not categorically rule out negligence as a permissible mental state for imposition of criminal liability, and Elonis does not suggest such a categorical…”
People v. Eubanks, 2019 IL 123525 (Ill. 2019). “) 720 ILCS 5/4-6 (West 1994). In general, a defendant acts recklessly when he is aware that his conduct might result in death or great bodily harm, although that result is not substantially certain to occur.”
People v. McDonald, 2016 IL 118882 (Ill. 2016). “” 720 ILCS 5/4-6 (West 2014). ¶ 51 The difference between first degree murder and involuntary manslaughter lies in the defendant’s mental state.”
People v. Watkins, 837 N.E.2d 943 (Ill. App. Ct. 2005). “"A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offense; and such disregard constitutes a gross deviation from the standard…”
People v. Jones, 845 N.E.2d 598 (Ill. 2006). “" 720 ILCS 5/4-6 (West 2000). Though defendant contends that some evidence supports that he acted recklessly in causing Dr.”
People v. Castillo, 723 N.E.2d 274 (Ill. 1999). “2d 981 ; 720 ILCS 5/4-6 (West 1996). Defendant contends that there was some evidence that he acted recklessly in causing the victim's death.”
People v. Giraud, 2012 IL 113116 (Ill. 2012). “” 720 ILCS 5/4-6 (West 2006). Risk is the essence of recklessness.”
People v. McDonald, 2016 IL 118882 (Ill. 2017). “” 720 ILCS 5/4-6 (West 2014). ¶ 51 The difference between first degree murder and involuntary manslaughter lies in the defendant’s mental state.”
People v. Lattimore, 955 N.E.2d 1244 (Ill. App. Ct. 2011). “" 720 ILCS 5/4-6 (West 2008). Recklessness is a "`less culpable mental state'" than knowledge, and evidence of recklessness is insufficient to prove that a person acted knowingly.”
People v. Fornear, 669 N.E.2d 939 (Ill. App. Ct. 1996). “" 720 ILCS 5/4-6 (West 1992). These definitions recognize that, depending upon the elements of the particular offense in question, the concept of intent or knowledge may relate to wholly separate aspects of the offense, i.”
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