ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/4-7 (2026)

Negligence

✓ current as of May 2026
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(720 ILCS 5/4-7) (from Ch. 38, par. 4-7)
    Sec. 4-7. Negligence. A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.
(Source: P.A. 96-710, eff. 1-1-10.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2014–2022 · leading case: People v. Willis, 2014 IL App (4th) 130118 (Ill. App. Ct. 2014).
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People v. Willis, 2014 IL App (4th) 130118 (Ill. App. Ct. 2014). “Article 4 of the Criminal Code of 1961 recognizes four mental states: intent (720 ILCS 5/4-4 (West 2010)), knowledge (720 ILCS 5/4-5 (West 2010)), recklessness (720 ILCS 5/4-6 (West 2010)), and negligence (720 ILCS 5/4-7 (West 2010)). Involuntary manslaughter requires a reckless…”
People v. Fields, 2022 IL App (4th) 210194 (Ill. App. Ct. 2022). “” Those mental states are intent (720 ILCS 5/4-4 (West 2018)), knowledge (720 ILCS 5/4-5 (West 2018)), recklessness (720 ILCS 5/4-6 (West 2018)), or negligence (720 ILCS 5/4-7 (West 2018)). Section 4-9 of the Criminal Code of 2012 states: “A person may be guilty of an offense…”
People v. Ashley, 2020 IL 123989 (Ill. 2021). “” 720 ILCS 5/4-7 (West 2014). Given our holding that the term “threatens” refers to a true threat, which requires proof that the accused be consciously aware of the threatening nature of the speech, a mental state that does not require such awareness will not suffice.”
People v. Baar, 2020 IL App (1st) 171267-U (Ill. App. Ct. 2019). “720 ILCS 5/4-7 (West 2014). To this end, defendant appears to suggest that firing a “warning shot” cannot be deemed reckless, as opposed to negligent.”
People v. Martinez, 2020 IL App (1st) 171404-U (Ill. App. Ct. 2020). “720 ILCS 5/4-7 (West 2014). As noted above, the determination of a defendant’s mental state may be inferred from circumstantial evidence, and this task is particularly suited to the trier of fact.”
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