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Illinois Compiled Statutes

720 ILCS 5/9-1.2 (2026)

Intentional homicide of an unborn child

✓ current as of May 2026
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(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
    Sec. 9-1.2. Intentional homicide of an unborn child.
    (a) A person commits the offense of intentional homicide of an unborn child if, in performing acts which cause the death of an unborn child, he without lawful justification:
        (1) either intended to cause the death of or do great
    
bodily harm to the pregnant individual or unborn child or knew that such acts would cause death or great bodily harm to the pregnant individual or unborn child; or
        (2) knew that his acts created a strong probability
    
of death or great bodily harm to the pregnant individual or unborn child; and
        (3) knew that the individual was pregnant.
    (b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from the implantation of an embryo until birth, and (2) "person" shall not include the pregnant woman whose unborn child is killed.
    (c) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 1-10 of the Reproductive Health Act, to which the pregnant individual has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
    (d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:
        (1) (blank);
        (2) if the person committed the offense while armed
    
with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the
    
person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
        (4) if, during the commission of the offense, the
    
person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
    (e) The provisions of this Act shall not be construed to prohibit the prosecution of any person under any other provision of law.
(Source: P.A. 103-51, eff. 1-1-24.)

    
Notes of Decisions
Cited in 17 cases (9 in the last 5 years), 1995–2026 · leading case: People v. Lane, 2023 IL 128269 (Ill. 2023).
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People v. Lane, 2023 IL 128269 (Ill. 2023). · cites it 4× “” 720 ILCS 5/9-1.2(d) (West 2006). ¶ 14 The appellate court held that the sentencing provision for intentional homicide of an unborn child (id.”
Robert Ford, Jr. v. Rodney J. Ahitow, Warden, & Roland W. Burris, 104 F.3d 926 (7th Cir. 1997). “720 ILCS 5/9-1.2 (formerly Ill.Rev.Stat. Ch.”
Coe v. Cnty. of Cook, 162 F.3d 491 (7th Cir. 1998). “720 ILCS 5/9-1.2, 2.1,3.2; 5/12-3.1, 4.4; 9-1.”
People v. Holley, 879 N.E.2d 530 (Ill. App. Ct. 2007). “January 1, 2000 (amending 720 ILCS 5/8-4 (Attempt), 720 ILCS 5/9-1.2 (Intentional Homicide of an Unborn Child), 720 ILCS 5/10-2 (Aggravated Kidnapping), 720 ILCS 5/12-4.”
People v. York, 2016 IL App (5th) 130579 (Ill. App. Ct. 2017). “¶2 On November 1, 2007, the State filed a two-count information charging the defendant with one count each of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1) (West 2006)) and aggravated battery (720 ILCS 5/12-4(b)(11) (West 2006)).”
United States Ex Rel. Ford v. Ahitow, 888 F. Supp. 909 (C.D. Ill. 1995). · cites it 2× “720 ILCS 5/9-1.2(a). 2 . (b) For purposes of this Section, (1) "unborn child” shall mean any individual of the human species from fertilization until birth, 720 ILCS 5/9-1.”
Coe v. Cnty. of Cook, 162 F.3d 491 (7th Cir. 1998). “720 ILCS 5/9-1.2, 2.1,3.2; 5/12-3.1, 4.4; 9-1.”
People v. Lane, 2022 IL App (1st) 182672 (Ill. App. Ct. 2022). · cites it 5× “” Defense counsel also argued that, for the purposes of the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. Almendarez, 2023 IL App (1st) 220314-U (Ill. App. Ct. 2023). · cites it 2× “Defendant, along with Maresa Prado and Patricia Lopez, was subsequently arrested in connection with the attack on Resendiz and was charged with intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1), (a)(2) (West 2008)) and robbery (720 ILCS 5/18-1(a) (West 2008)).”
People v. Lane, 2021 IL App (1st) 182672-U (Ill. App. Ct. 2021). · cites it 6× “” Defense counsel also argued that for the purposes the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. Drummond, 2024 IL App (1st) 241540-U (Ill. App. Ct. 2024). · cites it 3× “Such charges included: (1) three counts of first-degree murder (720 ILCS 5/9-1(a)(1) (West 2020)), (720 ILCS 5/9-1(a)(2) (West 2020)), (720 ILCS 5/9-1(a)(3) (West 2020)); (2) three counts of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1) (West 2020)), (720 ILCS…”
People v. Evans, 2026 IL App (4th) 260205-U (Ill. App. Ct. 2026). · cites it 2× “BACKGROUND ¶4 On August 25, 2025, the State charged defendant by information with two counts of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1), (2) (West 2024)) for administering mifepristone to T.”
Show all 17 citing cases →
— 720 ILCS 5/9-1.2(a) — 3 cases
United States Ex Rel. Ford v. Ahitow, 888 F. Supp. 909 (C.D. Ill. 1995). “720 ILCS 5/9-1.2(a). 2 . (b) For purposes of this Section, (1) "unborn child” shall mean any individual of the human species from fertilization until birth, 720 ILCS 5/9-1.”
People v. Lane, 2022 IL App (1st) 182672 (Ill. App. Ct. 2022). “” Defense counsel also argued that, for the purposes of the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. Lane, 2021 IL App (1st) 182672-U (Ill. App. Ct. 2021). “” Defense counsel also argued that for the purposes the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
— 720 ILCS 5/9-1.2(a)(1) — 5 cases
People v. York, 2016 IL App (5th) 130579 (Ill. App. Ct. 2017). “¶2 On November 1, 2007, the State filed a two-count information charging the defendant with one count each of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1) (West 2006)) and aggravated battery (720 ILCS 5/12-4(b)(11) (West 2006)).”
People v. Almendarez, 2023 IL App (1st) 220314-U (Ill. App. Ct. 2023). “Defendant, along with Maresa Prado and Patricia Lopez, was subsequently arrested in connection with the attack on Resendiz and was charged with intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1), (a)(2) (West 2008)) and robbery (720 ILCS 5/18-1(a) (West 2008)).”
People v. Drummond, 2024 IL App (1st) 241540-U (Ill. App. Ct. 2024). “Such charges included: (1) three counts of first-degree murder (720 ILCS 5/9-1(a)(1) (West 2020)), (720 ILCS 5/9-1(a)(2) (West 2020)), (720 ILCS 5/9-1(a)(3) (West 2020)); (2) three counts of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1) (West 2020)), (720 ILCS…”
People v. Evans, 2026 IL App (4th) 260205-U (Ill. App. Ct. 2026). “BACKGROUND ¶4 On August 25, 2025, the State charged defendant by information with two counts of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1), (2) (West 2024)) for administering mifepristone to T.”
People v. Plote, 2026 IL App (4th) 241092-U (Ill. App. Ct. 2026).
— 720 ILCS 5/9-1.2(a)(2) — 2 cases
People v. Amerman, 2021 IL App (3d) 180242-U (Ill. App. Ct. 2021).
People v. Drummond, 2024 IL App (1st) 241540-U (Ill. App. Ct. 2024). “Such charges included: (1) three counts of first-degree murder (720 ILCS 5/9-1(a)(1) (West 2020)), (720 ILCS 5/9-1(a)(2) (West 2020)), (720 ILCS 5/9-1(a)(3) (West 2020)); (2) three counts of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1) (West 2020)), (720 ILCS…”
— 720 ILCS 5/9-1.2(b)(1) — 1 case
United States Ex Rel. Ford v. Ahitow, 888 F. Supp. 909 (C.D. Ill. 1995). “720 ILCS 5/9-1.2(a). 2 . (b) For purposes of this Section, (1) "unborn child” shall mean any individual of the human species from fertilization until birth, 720 ILCS 5/9-1.”
— 720 ILCS 5/9-1.2(d) — 6 cases
People v. Lane, 2023 IL 128269 (Ill. 2023). “” 720 ILCS 5/9-1.2(d) (West 2006). ¶ 14 The appellate court held that the sentencing provision for intentional homicide of an unborn child (id.”
People v. Almendarez, 2023 IL App (1st) 220314-U (Ill. App. Ct. 2023). “Defendant, along with Maresa Prado and Patricia Lopez, was subsequently arrested in connection with the attack on Resendiz and was charged with intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(1), (a)(2) (West 2008)) and robbery (720 ILCS 5/18-1(a) (West 2008)).”
People v. Lane, 2022 IL App (1st) 182672 (Ill. App. Ct. 2022). “” Defense counsel also argued that, for the purposes of the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. Lane, 2021 IL App (1st) 182672-U (Ill. App. Ct. 2021). “” Defense counsel also argued that for the purposes the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. O'Campo, 2024 IL App (1st) 221481-U (Ill. App. Ct. 2024).
— 720 ILCS 5/9-1.2(d)(1) — 2 cases
People v. Lane, 2022 IL App (1st) 182672 (Ill. App. Ct. 2022). “” Defense counsel also argued that, for the purposes of the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. Lane, 2021 IL App (1st) 182672-U (Ill. App. Ct. 2021). “” Defense counsel also argued that for the purposes the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
— 720 ILCS 5/9-1.2(d)(2) — 3 cases
People v. Lane, 2023 IL 128269 (Ill. 2023). “” 720 ILCS 5/9-1.2(d) (West 2006). ¶ 14 The appellate court held that the sentencing provision for intentional homicide of an unborn child (id.”
People v. Lane, 2022 IL App (1st) 182672 (Ill. App. Ct. 2022). “” Defense counsel also argued that, for the purposes of the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
People v. Lane, 2021 IL App (1st) 182672-U (Ill. App. Ct. 2021). “” Defense counsel also argued that for the purposes the intentional homicide of an unborn child statute (720 ILCS 5/9-1.2 (West 2016)), the definition of “person” does not include the pregnant woman whose child is killed.”
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