Illinois Compiled Statutes
720 ILCS 5/7-14 (2026)
Affirmative defense
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(720 ILCS 5/7-14)
(from Ch. 38, par. 7-14)
Sec. 7-14.
Affirmative defense.
A defense of justifiable use of force, or of exoneration, based on
the provisions of this Article is an affirmative defense.
(Source: Laws 1961, p. 1983.)
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1997–2024 · leading case: People v. Bustos, 2020 IL App (2d) 170497 (Ill. App. Ct. 2020).
People v. Bustos, 2020 IL App (2d) 170497 (Ill. App. Ct. 2020). “Karina’s injuries are inconsistent with defendant’s testimony that he did not strangle or punch Karina.”
People v. Rutigliano, 2020 IL App (1st) 171729 (Ill. App. Ct. 2020). “See also 720 ILCS 5/7-14 (West 2016) (justifications in article 7 of the Criminal Code of 2012, including self-defense, are affirmative defenses).”
City of Naperville v. Watson, 677 N.E.2d 955 (Ill. 1997). “720 ILCS 5/7-14 (West 1994). This defense is viewed as involving the choice between two admitted evils where other optional courses of action are unavailable [citations], and the conduct chosen must promote some higher value than the value of literal compliance with the law…”
People v. Green, 957 N.E.2d 1233 (Ill. App. Ct. 2011). “2d 307 (2004) (discussing the State's burden in the context of an analogous self-defense claim); 720 ILCS 5/7-14 (West 2010); 720 ILCS 5/3-2(b) (West 2010) (where affirmative defense is raised, "the State must sustain the burden of proving the defendant guilty beyond a…”
People v. Cacini, 2015 IL App (1st) 130135 (Ill. App. Ct. 2016). “¶ 44 Self-defense is an affirmative defense (720 ILCS 5/7-14 (West 2008)), and “the raising of such a defense necessarily constitutes an admission by the defendant that he committed the crime for which he is being prosecuted” (People v.”
People v. Bardsley, 2017 IL App (2d) 150209 (Ill. App. Ct. 2017). “See 720 ILCS 5/7-14 (West 2014) (“A defense of justifiable use of force *** is an affirmative defense.”
People v. Williams, 2017 IL App (3d) 140841 (Ill. App. Ct. 2017). “720 ILCS 5/7-14 (West 2012); 8 Holman, 2014 IL App (3d) 120905, ¶ 57 .”
People v. Romero, 901 N.E.2d 399 (Ill. App. Ct. 2009). “See 720 ILCS 5/7-14 (West 2004) ("A defense of justifiable use of force * * * is an affirmative defense"); 720 ILCS 5/3-2(b) (West 2004) (where affirmative defense is raised, "the State must sustain the burden of proving the *410 defendant guilty beyond a reasonable doubt as to…”
People v. Collier, 768 N.E.2d 267 (Ill. App. Ct. 2002). “" 720 ILCS 5/7-14 (West 1998). It is well settled in Illinois that where a defendant wishes to assert an affirmative defense, he must notify the State and the court of this fact.”
People v. Holman, 2014 IL App (3d) 120905 (Ill. App. Ct. 2014). “720 ILCS 5/7-14 (West 2010); People v. Lee, 213 Ill.”
People v. Holman, 2014 IL App (3d) 120905 (Ill. App. Ct. 2014). “720 ILCS 5/7-14 (West 2010); People v. Lee, 213 Ill.”
People v. Cacini, 2015 IL App (1st) 130135 (Ill. App. Ct. 2015). “Moreover, defendant denied ever striking the officers, never acknowledged that he ran over Rigan with his car, and at most testified that he struggled with Rigan and the car door hit Rigan as defendant drove away.”
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