ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/5-2 (2026)

When accountability exists

✓ current as of May 2026
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(720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
    Sec. 5-2. When accountability exists. A person is legally accountable for the conduct of another when:
        (a) having a mental state described by the statute
    
defining the offense, he or she causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state;
        (b) the statute defining the offense makes him or her
    
so accountable; or
        (c) either before or during the commission of an
    
offense, and with the intent to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense.
    When 2 or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts. Mere presence at the scene of a crime does not render a person accountable for an offense; a person's presence at the scene of a crime, however, may be considered with other circumstances by the trier of fact when determining accountability.
    A person is not so accountable, however, unless the statute defining the offense provides otherwise, if:
        (1) he or she is a victim of the offense committed;
        (2) the offense is so defined that his or her conduct
    
was inevitably incident to its commission; or
        (3) before the commission of the offense, he or she
    
terminates his or her effort to promote or facilitate that commission and does one of the following: (i) wholly deprives his or her prior efforts of effectiveness in that commission, (ii) gives timely warning to the proper law enforcement authorities, or (iii) otherwise makes proper effort to prevent the commission of the offense.
(Source: P.A. 96-710, eff. 1-1-10.)

    
Notes of Decisions
Cited in 335 cases (108 in the last 5 years), 1993–2026 · leading case: People v. Flynn, 2012 IL App (1st) 103687 (Ill. App. Ct. 2012).
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People v. Flynn, 2012 IL App (1st) 103687 (Ill. App. Ct. 2012). · cites it 10× “Taylor, who survived, remained silent for years and did not come forward as long as he still lived in the same neighborhood. The only evidence at trial showed that Epting was acting on his own personal vendetta toward Taylor.”
People v. Pollock, 780 N.E.2d 669 (Ill. 2002). · cites it 2× “It is clear from the record that, in the case at bar, defendant was not present when the aggravated battery leading to Jami's death took place.”
People v. White, 2016 IL App (2d) 140479 (Ill. App. Ct. 2016). · cites it 5× “Accountability ¶ 21 Section 5-2(c) of the Criminal Code of 2012 (720 ILCS 5/5-2(c) (West 2012)) provides that a person is legally accountable for the criminal actions of another if “either before or during the commission of an offense, and with the intent to promote or…”
People v. Phillips, 2012 IL App (1st) 101923 (Ill. App. Ct. 2012). · cites it 5× “Whereas Sanders was found directly guilty of the crimes, defendant’s conviction was based on accountability for Sanders’ actions under section 5-2 of the Criminal Code of 1961 (720 ILCS 5/5-2 (West 2010)). Defendant now argues (1) that there was insufficient evidence to…”
People v. Carr-McKnight, 2020 IL App (1st) 163245 (Ill. App. Ct. 2020). · cites it 2× “” 720 ILCS 5/5-2(c) (West 2010). In order to prove that the defendant had the intent to promote or facilitate an offense, the State must prove that (1) there was a common criminal design with the principal offender or (2) the defendant shared the criminal intent of the principal…”
People v. Dennis, 692 N.E.2d 325 (Ill. 1998). · cites it 2× “Chief Justice FREEMAN delivered the opinion of the court: Following a jury trial in the circuit court of Cook County, defendant, Romance Dennis, was convicted of armed robbery (720 ILCS 5/18-2(a) (West 1994)) on a theory of accountability (720 ILCS 5/5-2 (West 1994)) and…”
People v. House, 2019 IL App (1st) 110580-B (Ill. App. Ct. 2019). · cites it 2× “See 720 ILCS 5/5-2(c) (West 1998). Defendant was sentenced to mandatory natural life under section 5-8-1(a)(1)(c)(ii) of the Unified Code of Corrections.”
Solaia Tech., LLC v. Specialty Publ'g Co., 852 N.E.2d 825 (Ill. 2006). “2004); see also 720 ILCS 5/5-2(c) (West 2002) ("A person is legally accountable for the conduct of another when * * * he * * * aids, abets, agrees or attempts to aid, such other person in the planning or commission of the [criminal] offense").”
People v. Jean, 2024 IL App (1st) 220807 (Ill. App. Ct. 2024). · cites it 2× “See 720 ILCS 5/5-2(c) (West 2004). The record shows defendant was automatically transferred to adult criminal court.”
People v. Hicks, 693 N.E.2d 373 (Ill. 1998). · cites it 2× “See 720 ILCS 5/5-2 (West 1992). The appellate court in this case held that defendant's convictions for home invasion must stand because "[d]efendant and Davis each committed a home invasion; each of them entered a dwelling and caused injury to a person within the dwelling.”
Anthony Olvera v. David Gomez, 2 F.4th 659 (7th Cir. 2021). · cites it 2× “” 720 ILCS 5/5-2(c). 4 No. 18-3435 King members at the party as Michael Olvera,2 Johnny Rigsby, Gabino Gutierrez, Leo Reyes, and Jose Perez.”
People v. Tenney, 793 N.E.2d 571 (Ill. 2002). “See 720 ILCS 5/5-2(c), 9-1(a)(3) (West 1992).”
Show all 335 citing cases →
— 720 ILCS 5/5-2(a) — 4 cases
People v. Flynn, 2012 IL App (1st) 103687 (Ill. App. Ct. 2012). “Taylor, who survived, remained silent for years and did not come forward as long as he still lived in the same neighborhood. The only evidence at trial showed that Epting was acting on his own personal vendetta toward Taylor.”
People v. Ivy, 2015 IL App (1st) 130045 (Ill. App. Ct. 2015).
People v. Ivy, 2015 IL App (1st) 130045 (Ill. App. Ct. 2015).
Johnson v. Page, 971 F. Supp. 350 (N.D. Ill. 1997).
— 720 ILCS 5/5-2(a)(1)(c) — 1 case
In re D.F, 2025 IL App (1st) 240914 (Ill. App. Ct. 2025).
— 720 ILCS 5/5-2(b) — 1 case
People v. Flynn, 2012 IL App (1st) 103687 (Ill. App. Ct. 2012). “Taylor, who survived, remained silent for years and did not come forward as long as he still lived in the same neighborhood. The only evidence at trial showed that Epting was acting on his own personal vendetta toward Taylor.”
— 720 ILCS 5/5-2(c) — 294 cases
People v. White, 2016 IL App (2d) 140479 (Ill. App. Ct. 2016). “Accountability ¶ 21 Section 5-2(c) of the Criminal Code of 2012 (720 ILCS 5/5-2(c) (West 2012)) provides that a person is legally accountable for the criminal actions of another if “either before or during the commission of an offense, and with the intent to promote or…”
People v. Carr-McKnight, 2020 IL App (1st) 163245 (Ill. App. Ct. 2020). “” 720 ILCS 5/5-2(c) (West 2010). In order to prove that the defendant had the intent to promote or facilitate an offense, the State must prove that (1) there was a common criminal design with the principal offender or (2) the defendant shared the criminal intent of the principal…”
People v. House, 2019 IL App (1st) 110580-B (Ill. App. Ct. 2019). “See 720 ILCS 5/5-2(c) (West 1998). Defendant was sentenced to mandatory natural life under section 5-8-1(a)(1)(c)(ii) of the Unified Code of Corrections.”
Solaia Tech., LLC v. Specialty Publ'g Co., 852 N.E.2d 825 (Ill. 2006). “2004); see also 720 ILCS 5/5-2(c) (West 2002) ("A person is legally accountable for the conduct of another when * * * he * * * aids, abets, agrees or attempts to aid, such other person in the planning or commission of the [criminal] offense").”
People v. Jean, 2024 IL App (1st) 220807 (Ill. App. Ct. 2024). “See 720 ILCS 5/5-2(c) (West 2004). The record shows defendant was automatically transferred to adult criminal court.”
— 720 ILCS 5/5-2(c)(3) — 12 cases
People v. Hensley, 819 N.E.2d 1274 (Ill. App. Ct. 2004).
People v. Ross, 769 N.E.2d 953 (Ill. App. Ct. 2002).
People v. Phillips, 2014 IL App (4th) 120695 (Ill. App. Ct. 2014).
People v. Phillips, 2014 IL App (4th) 120695 (Ill. App. Ct. 2014).
People v. Greco, 2020 IL App (1st) 170368-U (Ill. App. Ct. 2020).
— 720 ILCS 5/5-2(e) — 2 cases
Solomon Monroe v. Randy J. Davis, 712 F.3d 1106 (7th Cir. 2013).
People v. Gregg (Ill. App. Ct. 2000).
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