ILCS » Chapter 720 · Act 5

720 ILCS 5/9-1

First degree murder

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(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree murder.
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
        (1) he or she either intends to kill or do great
    
bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
        (2) he or she knows that such acts create a strong
    
probability of death or great bodily harm to that individual or another; or
        (3) he or she, acting alone or with one or more
    
participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of or in furtherance of such crime or flight therefrom, he or she or another participant causes the death of a person.
    (b) (Blank).
    (b-5) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (h-5) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
(Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)

    
Notes of Decisions
Cited in 2,169 cases (923 in the last 5 years), 1993–2026 · leading case: People v. Ballard
Sort: Relevance Newest Treatment
People v. Ballard (2002) ill · cites it 26× “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Fuller (2002) ill · cites it 16× “We also vacate the defendant's death sentence and remand the cause to the circuit court for a new sentencing hearing pursuant to section 9-1 of the Criminal Code (720 ILCS 5/9-1 (West 1996)). Convictions affirmed in part and vacated in part; death sentence vacated; cause…”
People v. Haynes (1996) ill · cites it 24× “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
People v. Williams (2000) ill · cites it 31× “See 720 ILCS 5/9-1(a) (West 1994). The jury then returned a general verdict finding defendant guilty of the first degree murder of Sharon Bushong.”
People v. Caffey (2001) ill · cites it 10× “See 720 ILCS 5/9-1(a), 10-2(a) (West 1994). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence.”
People v. Mertz (2005) ill · cites it 17× “Mertz, was convicted of first degree murder (720 ILCS 5/9-1(a) (West 2000)), home invasion (720 ILCS 5/12-11(a) (West 2000)), and aggravated criminal sexual assault (720 ILCS 5/12-14(a) (West 2000)).”
People v. Williams (2000) ill · cites it 14× “See 720 ILCS 5/9-1(b)(3), (b)(6) (West 1994).”
People v. Bannister (2008) ill · cites it 10× “Subsection (g), which formerly provided that a death sentence would be imposed if the jury found "no mitigating factor sufficient to preclude imposition," now includes the following new language: "If the jury determines unanimously, after weighing the factors in aggravation and…”
People v. Chapman (2000) ill · cites it 16× “After careful review of the circumstances of the crimes in this case and the character of defendant, we conclude that the death penalty is the appropriate penalty in this case.”
People v. Davis (2004) ill · cites it 14× “Defendant makes no argument that the felony of mob action is not a "forcible felony" within the felony-murder statute.”
People v. Kuntu (2001) ill · cites it 15× “720 ILCS 5/9-1(a), 20-1.1(a) (West 1994).”
People v. Urdiales (2007) ill · cites it 12× “See 720 ILCS 5/9-1(a) (West 2004). The State subsequently filed notice of intent to seek the death penalty.”
Show all 2,169 citing cases →
— 720 ILCS 5/9-1(1) — 1 case
People v. Cooper (2026) illappct
— 720 ILCS 5/9-1(A)(1) — 10 cases
People v. Abadia (2001) illappct
People v. Rivera (2004) illappct
People v. Spencer (2023) illappct
People v. Sims (2021) illappct
People v. Sanders (2024) illappct
— 720 ILCS 5/9-1(A)(2) — 4 cases
People v. Rios (2013) illappct
People v. Reese (2020) illappct
People v. Rios (2013) illappct
People v. Montgomery (1998) illappct
— 720 ILCS 5/9-1(A)(3) — 2 cases
People v. Hibbler (2023) illappct
People v. Hibbler (2023) illappct
— 720 ILCS 5/9-1(a) — 199 cases
People v. Jackson (2020) ill
People v. Coats (2018) ill
People v. Caffey (2001) ill “See 720 ILCS 5/9-1(a), 10-2(a) (West 1994). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence.”
People v. Thompson (2006) ill
People v. Reid (1997) ill
— 720 ILCS 5/9-1(a)(1) — 1273 cases
People v. Charleston (2018) illappct
People v. Morgan (2001) ill
People v. Williams (2022) illappct
People v. Shafer (2020) illappct
People v. Peterson (2017) ill
— 720 ILCS 5/9-1(a)(1)(2) — 1 case
People v. King (2025) illappct
— 720 ILCS 5/9-1(a)(1992) — 1 case
People v. Lee (2002) illappct
— 720 ILCS 5/9-1(a)(2) — 427 cases
People v. Davis (2004) ill “Defendant makes no argument that the felony of mob action is not a "forcible felony" within the felony-murder statute.”
People v. Leach (2012) ill
People v. Eubanks (2019) ill
People v. DiVincenzo (1998) ill
People v. Murray (2019) ill
— 720 ILCS 5/9-1(a)(3) — 278 cases
People v. Morgan (2001) ill
People v. Davis (2004) ill “Defendant makes no argument that the felony of mob action is not a "forcible felony" within the felony-murder statute.”
People v. Rivera (2011) illappct
People v. Pelt (2003) ill
Givens v. City of Chicago (2023) ill
— 720 ILCS 5/9-1(a)(3)(2004) — 1 case
Wilson v. Williams (2023) ilnd
— 720 ILCS 5/9-1(a)(6) — 2 cases
Walter L. Thomas v. Jerry Gilmore, Warden, Pontiac Correctional Center (1998) ca7
People v. Jackson (1999) illappct
— 720 ILCS 5/9-1(a)(6)(c) — 1 case
People v. Jackson (1999) illappct
— 720 ILCS 5/9-1(b) — 43 cases
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Davis (2002) ill
People v. Fuller (2002) ill “We also vacate the defendant's death sentence and remand the cause to the circuit court for a new sentencing hearing pursuant to section 9-1 of the Criminal Code (720 ILCS 5/9-1 (West 1996)). Convictions affirmed in part and vacated in part; death sentence vacated; cause…”
People v. Beachem (2000) illappct
People v. Harris (1998) ill
— 720 ILCS 5/9-1(b)(1) — 12 cases
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Shaw (1999) ill
People v. Bailey (2013) ill
People v. Lee (2001) ill
People v. Brewer (2019) illappct
— 720 ILCS 5/9-1(b)(11) — 26 cases
People v. Williams (2000) ill “See 720 ILCS 5/9-1(a) (West 1994). The jury then returned a general verdict finding defendant guilty of the first degree murder of Sharon Bushong.”
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
People v. Hall (2000) ill
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Haynes (2000) ill
— 720 ILCS 5/9-1(b)(12) — 1 case
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
— 720 ILCS 5/9-1(b)(14) — 1 case
People v. Ford (2001) ill
— 720 ILCS 5/9-1(b)(16) — 6 cases
People v. Williams (2022) illappct
People v. Bailey (2013) ill
People v. Dixon (2006) illappct
People v. Gomez (2011) illappct
People v. Zoph (2023) illappct
— 720 ILCS 5/9-1(b)(17) — 1 case
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
— 720 ILCS 5/9-1(b)(18) — 1 case
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
— 720 ILCS 5/9-1(b)(19) — 3 cases
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Rubio (2026) illappct
People v. Hill (2010) illappct
— 720 ILCS 5/9-1(b)(3) — 27 cases
People v. Chapman (2000) ill “After careful review of the circumstances of the crimes in this case and the character of defendant, we conclude that the death penalty is the appropriate penalty in this case.”
People v. Williams (2000) ill “See 720 ILCS 5/9-1(b)(3), (b)(6) (West 1994).”
People v. Caffey (2001) ill “See 720 ILCS 5/9-1(a), 10-2(a) (West 1994). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence.”
People v. Nieves (2000) ill
People v. Hall (2000) ill
— 720 ILCS 5/9-1(b)(5) — 2 cases
People v. Reynolds (2002) illappct
People v. Leak (2010) illappct
— 720 ILCS 5/9-1(b)(6) — 57 cases
People v. Fuller (2002) ill “We also vacate the defendant's death sentence and remand the cause to the circuit court for a new sentencing hearing pursuant to section 9-1 of the Criminal Code (720 ILCS 5/9-1 (West 1996)). Convictions affirmed in part and vacated in part; death sentence vacated; cause…”
People v. Williams (2000) ill “See 720 ILCS 5/9-1(a) (West 1994). The jury then returned a general verdict finding defendant guilty of the first degree murder of Sharon Bushong.”
People v. Caffey (2001) ill “See 720 ILCS 5/9-1(a), 10-2(a) (West 1994). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence.”
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
People v. Kuntu (2001) ill “720 ILCS 5/9-1(a), 20-1.1(a) (West 1994).”
— 720 ILCS 5/9-1(b)(6)(a) — 3 cases
People v. Davis (2002) ill
People v. Stafford (2016) illappct
People v. Stafford (2016) illappct
— 720 ILCS 5/9-1(b)(6)(a)(i) — 4 cases
People v. Rodriguez (2008) ill
People v. Flynn (2012) illappct
People v. Thompson (2022) illappct
People v. Knight (2025) illappct
— 720 ILCS 5/9-1(b)(6)(a)(ii) — 2 cases
People v. Williams (2000) ill “See 720 ILCS 5/9-1(b)(3), (b)(6) (West 1994).”
People v. Reeves (2008) illappct
— 720 ILCS 5/9-1(b)(6)(b) — 7 cases
People v. Fuller (2002) ill “We also vacate the defendant's death sentence and remand the cause to the circuit court for a new sentencing hearing pursuant to section 9-1 of the Criminal Code (720 ILCS 5/9-1 (West 1996)). Convictions affirmed in part and vacated in part; death sentence vacated; cause…”
People v. Armstrong (1998) ill
People v. Buss (1999) ill
People v. Kuntu (2001) ill “720 ILCS 5/9-1(a), 20-1.1(a) (West 1994).”
People v. Williams (2000) ill “See 720 ILCS 5/9-1(a) (West 1994). The jury then returned a general verdict finding defendant guilty of the first degree murder of Sharon Bushong.”
— 720 ILCS 5/9-1(b)(6)(c) — 7 cases
People v. Patterson (2000) ill
James P. Free, Jr., Petitioner-Appellee-Cross-Appellant v. Howard A. Peters, Iii, Respondents-Appellants-Cross-Appellees (1994) ca7
People v. Dameron (2001) ill
People v. Jamison (2001) ill
People v. Jackson (1999) illappct
— 720 ILCS 5/9-1(b)(7) — 13 cases
People v. Chapman (2000) ill “After careful review of the circumstances of the crimes in this case and the character of defendant, we conclude that the death penalty is the appropriate penalty in this case.”
People v. Buss (1999) ill
People v. Williams (2000) ill “See 720 ILCS 5/9-1(b)(3), (b)(6) (West 1994).”
People v. Burgess (1997) ill
People v. Huff (2024) ill
— 720 ILCS 5/9-1(b)(8) — 4 cases
People v. Caffey (2001) ill “See 720 ILCS 5/9-1(a), 10-2(a) (West 1994). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence.”
People v. Lovejoy (2009) ill
People v. Williams (2000) ill “See 720 ILCS 5/9-1(b)(3), (b)(6) (West 1994).”
People v. Williams (2000) ill
— 720 ILCS 5/9-1(b)(j) — 1 case
People v. English (2024) illappct
— 720 ILCS 5/9-1(c) — 11 cases
People v. Davis (2002) ill
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Keene (1995) ill
People v. Williams (2000) ill “See 720 ILCS 5/9-1(b)(3), (b)(6) (West 1994).”
People v. Kuntu (2001) ill “720 ILCS 5/9-1(a), 20-1.1(a) (West 1994).”
— 720 ILCS 5/9-1(c)(1) — 5 cases
People v. Kuntu (2001) ill “720 ILCS 5/9-1(a), 20-1.1(a) (West 1994).”
People v. Davis (2002) ill
People v. Heard (1999) ill
People v. Thompson (2006) ill
People v. Shaw (1999) ill
— 720 ILCS 5/9-1(c)(2) — 5 cases
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
People v. Wilson (2000) ill
People v. Davis (2002) ill
Durlyn Eddmonds v. Howard Peters, III (1996) ca7
People v. Gray (2025) illappct
— 720 ILCS 5/9-1(c)(3) — 1 case
People v. Nieves (2000) ill
— 720 ILCS 5/9-1(c)(6) — 2 cases
People v. Mertz (2005) ill “Mertz, was convicted of first degree murder (720 ILCS 5/9-1(a) (West 2000)), home invasion (720 ILCS 5/12-11(a) (West 2000)), and aggravated criminal sexual assault (720 ILCS 5/12-14(a) (West 2000)).”
People v. Urdiales (2007) ill “See 720 ILCS 5/9-1(a) (West 2004). The State subsequently filed notice of intent to seek the death penalty.”
— 720 ILCS 5/9-1(d) — 14 cases
People v. Bannister (2008) ill “Subsection (g), which formerly provided that a death sentence would be imposed if the jury found "no mitigating factor sufficient to preclude imposition," now includes the following new language: "If the jury determines unanimously, after weighing the factors in aggravation and…”
People v. Fuller (2002) ill “We also vacate the defendant's death sentence and remand the cause to the circuit court for a new sentencing hearing pursuant to section 9-1 of the Criminal Code (720 ILCS 5/9-1 (West 1996)). Convictions affirmed in part and vacated in part; death sentence vacated; cause…”
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
People v. Lovejoy (2009) ill
Durlyn Eddmonds v. Howard Peters, III (1996) ca7
— 720 ILCS 5/9-1(d)(1) — 2 cases
People ex rel. City of Chicago v. Le Mirage, Inc. (2014) illappct
People v. Le Mirage, Inc. (2013) illappct
— 720 ILCS 5/9-1(d)(3) — 1 case
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
— 720 ILCS 5/9-1(e) — 6 cases
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
People v. Lee (2001) ill
People v. Hall (2000) ill
People v. Mertz (2005) ill “Mertz, was convicted of first degree murder (720 ILCS 5/9-1(a) (West 2000)), home invasion (720 ILCS 5/12-11(a) (West 2000)), and aggravated criminal sexual assault (720 ILCS 5/12-14(a) (West 2000)).”
People v. Emerson (2000) ill
— 720 ILCS 5/9-1(f) — 13 cases
People v. Fuller (2002) ill “We also vacate the defendant's death sentence and remand the cause to the circuit court for a new sentencing hearing pursuant to section 9-1 of the Criminal Code (720 ILCS 5/9-1 (West 1996)). Convictions affirmed in part and vacated in part; death sentence vacated; cause…”
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Ford (2001) ill
People v. Chapman (2000) ill “After careful review of the circumstances of the crimes in this case and the character of defendant, we conclude that the death penalty is the appropriate penalty in this case.”
People v. Haynes (1996) ill “Chief Justice BILANDIC delivered the opinion of the court: The defendant, Jonathan Haynes, was indicted on three counts of murder (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3) (West 1992)) and one count of burglary (720 ILCS 5/19-1 (West 1992)) arising out of the August 6, 1993,…”
— 720 ILCS 5/9-1(g) — 29 cases
People v. Bannister (2008) ill “Subsection (g), which formerly provided that a death sentence would be imposed if the jury found "no mitigating factor sufficient to preclude imposition," now includes the following new language: "If the jury determines unanimously, after weighing the factors in aggravation and…”
People v. Mertz (2005) ill “Mertz, was convicted of first degree murder (720 ILCS 5/9-1(a) (West 2000)), home invasion (720 ILCS 5/12-11(a) (West 2000)), and aggravated criminal sexual assault (720 ILCS 5/12-14(a) (West 2000)).”
People v. Daniels (1999) ill
People v. Shaw (1999) ill
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
— 720 ILCS 5/9-1(h) — 9 cases
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
Anthony Hall v. Odie Washington, Director (1997) ca7
People v. Thompson (2006) ill
People v. Morgan (1999) ill
People v. Reid (1997) ill
— 720 ILCS 5/9-1(i) — 6 cases
People v. Mertz (2005) ill “Mertz, was convicted of first degree murder (720 ILCS 5/9-1(a) (West 2000)), home invasion (720 ILCS 5/12-11(a) (West 2000)), and aggravated criminal sexual assault (720 ILCS 5/12-14(a) (West 2000)).”
People v. Thompson (2006) ill
People v. Urdiales (2007) ill “See 720 ILCS 5/9-1(a) (West 2004). The State subsequently filed notice of intent to seek the death penalty.”
People v. Runge (2009) ill
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
— 720 ILCS 5/9-1(j) — 29 cases
People v. Caffey (2001) ill “See 720 ILCS 5/9-1(a), 10-2(a) (West 1994). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence.”
People v. Simpson (2001) ill
People v. Hall (2000) ill
People v. Ballard (2002) ill “Constitutionality of Death Penalty Statute Defendant lastly contends that the Illinois death penalty statute (720 ILCS 5/9-1 (West 1996)) is unconstitutional for several reasons.”
People v. Dameron (2001) ill
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.