ILCS » Chapter 720 · Act 5

720 ILCS 5/7-2

Use of force in defense of dwelling

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(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
    Sec. 7-2. Use of force in defense of dwelling.
    (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
        (1) The entry is made or attempted in a violent,
    
riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
        (2) He reasonably believes that such force is
    
necessary to prevent the commission of a felony in the dwelling.
    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

    
Notes of Decisions
Cited in 12 cases (8 in the last 5 years), 2005–2025 · leading case: City of Champaign v. Torres
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City of Champaign v. Torres (2005) ill · cites it 2× “" 720 ILCS 5/7-2 (West 2002). We noted, however, that application of that statute here would conflict with sections 7-7 and 31-1 of the Code.”
People v. Wiggen (2021) illappct · cites it 2× “” 720 ILCS 5/7-2(a) (West 2016). “The primary objective of statutory construction is to ascertain and give effect to the true intent of the legislature.”
People v. Russell (2022) illappct · cites it 6× “¶ 60 Defendant’s proposed instruction tracked section 7-2(a)(1) of the Code (720 ILCS 5/7-2(a) (West 2016)), which provides: - 27 - 2022 IL App (2d) 200119-U “(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that…”
People v. Yanez (2022) illappct · cites it 4× “¶ 21 After the State rested, Yanez’s counsel moved for a directed verdict, arguing that the State could not overcome the affirmative defenses of self-defense (720 ILCS 5/7-1 (West 2018)) and defense of dwelling (720 ILCS 5/7-2 (West 2018)) that Yanez had asserted before and…”
Jasinski v. Glencoe Department of Public Safety (2011) ilnd “While there are limits to the force a homeowner can use in protecting his property, 720 ILCS 5/7-2, the facts alleged here do not show that there was probable cause to árrest Wesley.”
People v. Smallwood (2023) illappct · cites it 3× “” 720 ILCS 5/7-2(a) (West 2020). ¶ 38 A home dweller is not required to wait for unlawful entry to be accomplished before using justifiable force against the invader.”
People v. Brown (2022) illappct “” 720 ILCS 5/7-2(a) (West 2016). However, the defense is not available where the victim resides at the premises.”
People v. Baar (2019) illappct “” 720 ILCS 5/7-2(a) (West 2014). But she never even suggests that Anderson was on the brink of committing any felony except some sort of physical violence against her.”
People v. Barnes (2024) illappct “¶5 During the subsequent postconviction proceedings, defendant argued that his trial counsel was ineffective for failing to request that the jury be instructed on the justified use of deadly force to prevent a felony within his dwelling (720 ILCS 5/7-2(a)(2), 9-2(a)(2), (c)…”
Wagner v. Varga (2021) ilnd “; 720 ILCS 5/7-2(a). Levy responded, “I believe that was one of the key issues that I felt should be raised and should have been raised by me at trial.”
People v. Lee (2020) illappct “” 720 ILCS 5/7-2(a) (West 2014). - 18 - No.”
People v. Vandolah (2025) illappct “If the State disproves any of these elements, the defendant’s claim of self-defense fails.”
— 720 ILCS 5/7-2(a) — 9 cases
People v. Wiggen (2021) illappct “” 720 ILCS 5/7-2(a) (West 2016). “The primary objective of statutory construction is to ascertain and give effect to the true intent of the legislature.”
People v. Russell (2022) illappct “¶ 60 Defendant’s proposed instruction tracked section 7-2(a)(1) of the Code (720 ILCS 5/7-2(a) (West 2016)), which provides: - 27 - 2022 IL App (2d) 200119-U “(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that…”
People v. Yanez (2022) illappct “¶ 21 After the State rested, Yanez’s counsel moved for a directed verdict, arguing that the State could not overcome the affirmative defenses of self-defense (720 ILCS 5/7-1 (West 2018)) and defense of dwelling (720 ILCS 5/7-2 (West 2018)) that Yanez had asserted before and…”
People v. Brown (2022) illappct “” 720 ILCS 5/7-2(a) (West 2016). However, the defense is not available where the victim resides at the premises.”
People v. Smallwood (2023) illappct “” 720 ILCS 5/7-2(a) (West 2020). ¶ 38 A home dweller is not required to wait for unlawful entry to be accomplished before using justifiable force against the invader.”
— 720 ILCS 5/7-2(a)(1) — 3 cases
People v. Russell (2022) illappct “¶ 60 Defendant’s proposed instruction tracked section 7-2(a)(1) of the Code (720 ILCS 5/7-2(a) (West 2016)), which provides: - 27 - 2022 IL App (2d) 200119-U “(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that…”
People v. Yanez (2022) illappct “¶ 21 After the State rested, Yanez’s counsel moved for a directed verdict, arguing that the State could not overcome the affirmative defenses of self-defense (720 ILCS 5/7-1 (West 2018)) and defense of dwelling (720 ILCS 5/7-2 (West 2018)) that Yanez had asserted before and…”
People v. Smallwood (2023) illappct “” 720 ILCS 5/7-2(a) (West 2020). ¶ 38 A home dweller is not required to wait for unlawful entry to be accomplished before using justifiable force against the invader.”
— 720 ILCS 5/7-2(a)(2) — 1 case
People v. Barnes (2024) illappct “¶5 During the subsequent postconviction proceedings, defendant argued that his trial counsel was ineffective for failing to request that the jury be instructed on the justified use of deadly force to prevent a felony within his dwelling (720 ILCS 5/7-2(a)(2), 9-2(a)(2), (c)…”
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