Illinois Compiled Statutes
720 ILCS 5/6-4 (2026)
Affirmative Defense
✓ current as of May 2026
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(720 ILCS 5/6-4)
(from Ch. 38, par. 6-4)
Sec. 6-4.
Affirmative Defense.
A defense based upon any of the provisions of Article 6 is an
affirmative defense except that mental illness is not an affirmative defense,
but an alternative plea or finding that may be accepted, under appropriate
evidence, when the affirmative defense of insanity is raised or the plea
of guilty but mentally ill is made.
(Source: P.A. 82-553.)
(720 ILCS 5/Art. 7 heading) ARTICLE 7.
JUSTIFIABLE USE OF FORCE; EXONERATION
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Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 2006–2022 · leading case: People v. Burnett, 2016 IL App (1st) 141033 (Ill. App. Ct. 2016).
People v. Burnett, 2016 IL App (1st) 141033 (Ill. App. Ct. 2016). “Although a defendant must prove by clear and convincing evidence that he is not guilty by reason of insanity (720 ILCS 5/6-4 (West 2010)), insanity is an affirmative defense, which means that the defendant merely needs to present “some evidence” to properly raise it (720 ILCS…”
People v. Weeks, 2011 IL App (1st) 100395 (Ill. App. Ct. 2011). “” Insanity is an affirmative defense (720 ILCS 5/6-4 (West 2010)), and the defendant bears the burden of proving the defense by clear and convincing evidence (720 ILCS 5/6-2(e) (West 2010)).”
People v. Smith, 2017 IL App (1st) 143728 (Ill. App. Ct. 2018). “) 720 ILCS 5/6-4 (West 2014); see also People v.”
People v. Smith, 2017 IL App (1st) 143728 (Ill. App. Ct. 2017). “17 and 18 come directly from IPI Criminal 4th No. 24-25.01D, which itself mirrors the applicable statutory law on findings of guilty but mentally ill.”
People v. Wood, 2014 IL App (1st) 121408 (Ill. App. Ct. 2014). “See 720 ILCS 5/6-4 (West 2010) ("mental illness is not an affirmative defense, but an alternative plea or finding").”
People v. Wood, 2014 IL App (1st) 121408 (Ill. App. Ct. 2014). “See 720 ILCS 5/6-4 (West 2010) (“mental illness is not an affirmative defense, but an alternative plea or finding”).”
People v. Welling, 2021 IL App (2d) 170944 (Ill. App. Ct. 2021). “720 ILCS 5/6-4 (West 2012). “A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.”
People v. Welling, 2021 IL App (2d) 170944 (Ill. App. Ct. 2021). “720 ILCS 5/6-4 (West 2012). “A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.”
People v. Penn, 2022 IL App (4th) 200084-U (Ill. App. Ct. 2022). “(citing 720 ILCS 5/6-2(a) (West 2012)). ¶ 45 Defendant argues defense counsel’s failure to request a sanity evaluation of defendant and subsequent failure to raise the affirmative defense of insanity before the discharge hearing constituted deficient performance.”
People v. Blue, 2022 IL App (1st) 200318-U (Ill. App. Ct. 2022). “720 ILCS 5/6-4 (West 2010). As previously noted, in Illinois, a person is insane and “not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.”
People v. Dwight (Ill. App. Ct. 2006). “720 ILCS 5/6-4 (West 2004). To raise any affirmative defense, the defendant must present “some evidence” of the defense.”
People v. Weeks, 960 N.E.2d 570 (Ill. App. Ct. 2011). “" Insanity is an affirmative defense (720 ILCS 5/6-4 (West 2010)), and the defendant bears the burden of proving the defense by clear and convincing evidence (720 ILCS 5/6-2(e) (West 2010)).”
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