ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/6-1 (2026)

Infancy

✓ current as of May 2026
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(720 ILCS 5/6-1) (from Ch. 38, par. 6-1)
    Sec. 6-1. Infancy.
    No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed.
(Source: Laws 1961, p. 1983.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2004–2024 · leading case: In Re J'Am. B., 806 N.E.2d 292 (Ill. App. Ct. 2004).
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In Re J'Am. B., 806 N.E.2d 292 (Ill. App. Ct. 2004). “" 720 ILCS 5/6-1 (West 2002). In addition, the Juvenile Court Act distinguishes between juveniles *308 over and under the age of 13, we must be careful not to place undue significance on behavior exhibited by a child at the tender age of 10.”
In re Luis R., 2013 IL App (2d) 120393 (Ill. App. Ct. 2013). · cites it 2× “Section 6-1 of the Criminal Code of 1961 fixes legal capacity at 13 years of age (720 ILCS 5/6-1 (West 2006)), but the committee comments to the statute make clear that not all children over 13 will be tried in criminal court but rather that some under the age of 17 or 18 will…”
People v. Fiveash, 2015 IL 117669 (Ill. 2015). “Initially, the court affirmed the dismissal order because the indictment was legally defective for criminally charging the defendant with acts he committed before the age of 13 (720 ILCS 5/6-1 (West 2008)). Rich, 2011 IL App (2d) 101237, ¶ 7 .”
People v. Fiveash, 2014 IL App (1st) 123262 (Ill. App. Ct. 2014). “¶ 7 (quoting 720 ILCS 5/6-1 (West 2008)). Second, the court found that none of the exceptions to the prohibition against criminal prosecution of a minor, found in the last sentence of section 5-120, applied.”
People v. Fiveash, 2015 IL 117669 (Ill. 2015). “Initially, the court affirmed the dismissal order because the indictment was legally defective for criminally charging the defendant with acts he committed before the age of 13 (720 ILCS 5/6-1 (West 2008)). Rich, 2011 IL App (2d) 101237, ¶ 7 .”
People v. Hunt, 2024 IL App (1st) 221306-U (Ill. App. Ct. 2024). “720 ILCS 5/6-1 (West 2004). If it took place on or after M.”
People v. Rich, 960 N.E.2d 715 (Ill. App. Ct. 2011). “" 720 ILCS 5/6-1 (West 2008). Accordingly, to the extent the indictment alleged that defendant committed acts of aggravated criminal sexual assault while age 12, he cannot be convicted of those offenses and the indictment was properly dismissed as legally defective.”
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