Illinois Compiled Statutes
720 ILCS 5/4-8 (2026)
Ignorance or mistake
✓ current as of May 2026
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(720 ILCS 5/4-8)
(from Ch. 38, par. 4-8)
Sec. 4-8. Ignorance or mistake. (a) A person's ignorance or mistake as to a matter of either fact or
law, except as provided in Section 4-3(c) above, is a defense if it
negatives the existence of the mental state which the statute prescribes
with respect to an element of the offense.
(b) A person's reasonable belief that his conduct does not constitute an
offense is a defense if:
(1) the offense is defined by an administrative | regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or |
(2) he acts in reliance upon a statute which later is | determined to be invalid; or |
(3) he acts in reliance upon an order or opinion of | an Illinois Appellate or Supreme Court, or a United States appellate court later overruled or reversed; or |
(4) he acts in reliance upon an official | interpretation of the statute, regulation or order defining the offense, made by a public officer or agency legally authorized to interpret such statute. |
(c) Although a person's ignorance or mistake of fact or law, or
reasonable belief, described in this Section 4-8 is a defense to the
offense charged, he may be convicted of an included offense of which he
would be guilty if the fact or law were as he believed it to be.
(d) A defense based upon this Section 4-8 is an affirmative defense.
(Source: P.A. 98-463, eff. 8-16-13.)
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1993–2025 · leading case: Jones v. Bd. of Educ. of the City of Chicago, 2013 IL App (1st) 122437 (Ill. App. Ct. 2013).
Jones v. Bd. of Educ. of the City of Chicago, 2013 IL App (1st) 122437 (Ill. App. Ct. 2013). “]” 720 ILCS 5/4-8 (a), (b)(1) (West 2012). Assuming the above-quoted subsection 4-8 of the Criminal Code of 1961 (720 ILCS 5/4-8 (a), (b)(1) (West 2012)) has some applicability to the instant civil case, petitioner would still have to show that the residency rule was not known…”
People v. Miller, 2021 IL App (1st) 190060 (Ill. App. Ct. 2021). “” 720 ILCS 5/4-8(a) (West 2020). In the case at bar, defendant was convicted of the aggravated possession of a stolen motor vehicle while disregarding the signal of a police officer.”
People v. Nash, 669 N.E.2d 353 (Ill. App. Ct. 1996). “See 720 ILCS 5/4-8(a) (West 1992); People v. Crane, 145 Ill.”
People v. Patel, 2013 IL App (4th) 121111 (Ill. App. Ct. 2013). “¶ 27 After listening to closing arguments, the trial court provided the following reasoning for finding defendant guilty: “Well, the Court has listened carefully to the evidence and reviewed what it believes to be the law related to this matter, and the Court would note that…”
People v. Najar, 2018 IL App (2d) 160919 (Ill. App. Ct. 2018). “" 720 ILCS 5/4-8(a) (West 2014). As described above, defendant was not ignorant or mistaken as to the fact that he needed to report by August 16, 2014.”
Matter of Extradition of Kulekowskis, 881 F. Supp. 1126 (N.D. Ill. 1995). “15 Nevertheless, § 4-8 of the Criminal Code, 720 ILCS 5/4-8, codifies the mistake of law defense and provides in pertinent part: (a) A person’s ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) above, is a defense if it negatives the…”
People v. Folger, 2021 IL App (3d) 190049-U (Ill. App. Ct. 2021). “See 720 ILCS 5/4-8(a) (West 2018). 5 Clendenin, defendant’s stipulated bench trial was therefore not tantamount to a guilty plea.”
People v. Bowman, 2025 IL App (4th) 241066-U (Ill. App. Ct. 2025). “See 720 ILCS 5/4-8(a), (d) (West 2022) (providing that a person’s mistake as to a matter of fact is an affirmative defense “if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense”).”
People v. Abdul-Mutakabbir (Ill. App. Ct. 1998). “2d 117 (1989); see also 720 ILCS 5/4-8(a) (West 1996). In this case, our focus is on the question of whether the defendant knew that he was not authorized to practice law at the time he made the representations alleged in the complaint.”
People v. Knop, 619 N.E.2d 203 (Ill. App. Ct. 1993). “4-8(b)(4) (now 720 ILCS 5/4-8(b)(4) (West 1992))). The circuit court reinstated the charge and the case went to trial.”
— 720 ILCS 5/4-8(a) — 6 cases
People v. Miller, 2021 IL App (1st) 190060 (Ill. App. Ct. 2021). “” 720 ILCS 5/4-8(a) (West 2020). In the case at bar, defendant was convicted of the aggravated possession of a stolen motor vehicle while disregarding the signal of a police officer.”
People v. Nash, 669 N.E.2d 353 (Ill. App. Ct. 1996). “See 720 ILCS 5/4-8(a) (West 1992); People v. Crane, 145 Ill.”
People v. Najar, 2018 IL App (2d) 160919 (Ill. App. Ct. 2018). “" 720 ILCS 5/4-8(a) (West 2014). As described above, defendant was not ignorant or mistaken as to the fact that he needed to report by August 16, 2014.”
People v. Folger, 2021 IL App (3d) 190049-U (Ill. App. Ct. 2021). “See 720 ILCS 5/4-8(a) (West 2018). 5 Clendenin, defendant’s stipulated bench trial was therefore not tantamount to a guilty plea.”
People v. Bowman, 2025 IL App (4th) 241066-U (Ill. App. Ct. 2025). “See 720 ILCS 5/4-8(a), (d) (West 2022) (providing that a person’s mistake as to a matter of fact is an affirmative defense “if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense”).”
— 720 ILCS 5/4-8(b)(4) — 1 case
People v. Knop, 619 N.E.2d 203 (Ill. App. Ct. 1993). “4-8(b)(4) (now 720 ILCS 5/4-8(b)(4) (West 1992))). The circuit court reinstated the charge and the case went to trial.”
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