Illinois Compiled Statutes

720 ILCS 5/5-3 (2026)

Separate conviction of person accountable

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(720 ILCS 5/5-3) (from Ch. 38, par. 5-3)
    Sec. 5-3. Separate conviction of person accountable.
    A person who is legally accountable for the conduct of another which is an element of an offense may be convicted upon proof that the offense was committed and that he was so accountable, although the other person claimed to have committed the offense has not been prosecuted or convicted, or has been convicted of a different offense or degree of offense, or is not amenable to justice, or has been acquitted.
(Source: Laws 1961, p. 1983.)

    
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2013–2024 · leading case: People v. Le Mirage, Inc., 2013 IL App (1st) 093547-B.
People v. Le Mirage, Inc., 2013 IL App (1st) 093547-B. “720 ILCS 5/5-3 (West 2002); see People v.”
People v. Queen, 2023 IL App (5th) 210395-U. “See 720 ILCS 5/5-3 (West 2020). 2 the amended information subjected him to unfair surprise by charging him with five additional counts based on accountability, which involved “a completely different theory” of guilt.”
Tyson v. Williams, No. 1:22-cv-01999 (N.D. Ill. Aug. 22, 2024). “(citing 720 ILCS 5/5-3 (2006). The appellate court concluded that Illinois law allowed for such an “anomaly” in the jury instructions and that Petitioner’s jury found evidence beyond a reasonable doubt that a first-degree murder was committed, and that Petitioner was accountable…”
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