ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/9-2 (2026)

Second degree murder

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(720 ILCS 5/9-2) (from Ch. 38, par. 9-2)
    Sec. 9-2. Second degree murder.
    (a) A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present:
        (1) at the time of the killing he or she is acting
    
under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
        (2) at the time of the killing he or she believes the
    
circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable.
    (b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person provided, however, that an action that does not otherwise constitute serious provocation cannot qualify as serious provocation because of the discovery, knowledge, or disclosure of the victim's sexual orientation as defined in Section 1-103 of the Illinois Human Rights Act.
    (c) When evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. The burden of proof, however, remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code.
    (d) Sentence. Second degree murder is a Class 1 felony.
(Source: P.A. 100-460, eff. 1-1-18.)

    
Notes of Decisions
Cited in 318 cases (121 in the last 5 years), 1993–2026 · leading case: People v. Hodges, 912 N.E.2d 1204 (Ill. 2009).
Sort: Relevance Newest Treatment
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). · cites it 3× “In order to mitigate the offense of first degree murder to second degree murder on the basis of an actual but unreasonable belief that self-defense was required, a defendant must prove the elements of section 9-2(a)(2) of the Criminal Code (720 ILCS 5/9-2(a)(2) (West 2006)).…”
People v. Staake, 2017 IL 121755 (Ill. 2017). · cites it 3× “Staake was convicted in the circuit court of Schuyler County of second degree murder ( 720 ILCS 5/9-2(a)(1) (West 2012)) for the stabbing death of Michael Box.”
People v. Morgan, 758 N.E.2d 813 (Ill. 2001). · cites it 3× “The State argues that pursuant to the plain language of the second degree murder statute (720 ILCS 5/9-2 (West 1996)), it is clear that second degree murder does not apply to a felony-murder count.”
People v. Lee, 821 N.E.2d 307 (Ill. 2004). · cites it 3× “Justice KILBRIDE delivered the opinion of the court: Defendant, Ivory Lee, was convicted in the circuit court of Sangamon County of second degree murder (720 ILCS 5/9-2 *309 (West 1998)) and two counts of aggravated battery with a firearm (720 ILCS 5/12-4.”
People v. Pelt, 800 N.E.2d 1193 (Ill. 2003). · cites it 4× “Thus, he argued, he could be convicted of intentional or knowing murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 1994)), or of second degree murder (720 ILCS 5/9-2 (West 1994)), but not of felony murder.”
People v. Morgan, 718 N.E.2d 206 (Ill. App. Ct. 1999). · cites it 7× “720 ILCS 5/9-2 (West 1996). This revision constituted a fundamental change in Illinois law, as shown by the supreme court's recognition of a heretofore unknown legal entity: the lesser mitigated offense.”
People v. Washington, 2012 IL 110283 (Ill. 2012). · cites it 2× “See 720 ILCS 5/9-2(a)(1) (West 2002). The State argues that defendant forfeited this argument because he did not raise it in the appellate court.”
People v. Simon, 2011 IL App (1st) 91197 (Ill. App. Ct. 2011). · cites it 3× “” 720 ILCS 5/9-2(a)(2) (West 2004). For a defendant to be guilty of second degree murder, the State must first prove the defendant guilty of first degree murder beyond a reasonable doubt.”
People v. Kidd, 692 N.E.2d 455 (Ill. App. Ct. 1998). · cites it 5× “Prior to 1987, Illinois defined voluntary manslaughter to include the situation where the defendant "is acting under a sudden and intense passion resulting from serious provocation.”
People v. Raines, 820 N.E.2d 592 (Ill. App. Ct. 2004). · cites it 6× “2d at 514 , quoting 720 ILCS 5/9-2 (West 1992). Interpreting the statute, the Strader court found that the defendant had “the initial burden to prove *** that he was provoked into a sudden and intense passion by the person killed.”
People v. Melecio, 2017 IL App (1st) 141434 (Ill. App. Ct. 2017). · cites it 5× “" 720 ILCS 5/9-2(a)(1) (West 2008). Thus, to receive a second degree murder instruction, defendant had the burden of proving some evidence of a "serious provocation by the individual killed.”
People v. Fort, 2017 IL 118966 (Ill. 2018). · cites it 3× “See 720 ILCS 5/9-2(a)(2) (West 2008). The circuit court of Cook County sentenced defendant as an adult to 18 years in prison.”
Show all 318 citing cases →
— 720 ILCS 5/9-2(2) — 1 case
People v. Jackson (Ill. App. Ct. 1999).
— 720 ILCS 5/9-2(a) — 60 cases
People v. Morgan, 758 N.E.2d 813 (Ill. 2001). “The State argues that pursuant to the plain language of the second degree murder statute (720 ILCS 5/9-2 (West 1996)), it is clear that second degree murder does not apply to a felony-murder count.”
People v. Kidd, 692 N.E.2d 455 (Ill. App. Ct. 1998). “Prior to 1987, Illinois defined voluntary manslaughter to include the situation where the defendant "is acting under a sudden and intense passion resulting from serious provocation.”
People v. Morgan, 718 N.E.2d 206 (Ill. App. Ct. 1999). “720 ILCS 5/9-2 (West 1996). This revision constituted a fundamental change in Illinois law, as shown by the supreme court's recognition of a heretofore unknown legal entity: the lesser mitigated offense.”
People v. Bryant, 2016 IL App (5th) 140334 (Ill. App. Ct. 2016).
People v. Rutigliano, 2020 IL App (1st) 171729 (Ill. App. Ct. 2020).
— 720 ILCS 5/9-2(a)(1) — 102 cases
People v. Staake, 2017 IL 121755 (Ill. 2017). “Staake was convicted in the circuit court of Schuyler County of second degree murder ( 720 ILCS 5/9-2(a)(1) (West 2012)) for the stabbing death of Michael Box.”
People v. Melecio, 2017 IL App (1st) 141434 (Ill. App. Ct. 2017). “" 720 ILCS 5/9-2(a)(1) (West 2008). Thus, to receive a second degree murder instruction, defendant had the burden of proving some evidence of a "serious provocation by the individual killed.”
People v. Morgan, 758 N.E.2d 813 (Ill. 2001). “The State argues that pursuant to the plain language of the second degree murder statute (720 ILCS 5/9-2 (West 1996)), it is clear that second degree murder does not apply to a felony-murder count.”
People v. Pelt, 800 N.E.2d 1193 (Ill. 2003). “Thus, he argued, he could be convicted of intentional or knowing murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 1994)), or of second degree murder (720 ILCS 5/9-2 (West 1994)), but not of felony murder.”
People v. Garcia, 651 N.E.2d 100 (Ill. 1995).
— 720 ILCS 5/9-2(a)(2) — 118 cases
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). “In order to mitigate the offense of first degree murder to second degree murder on the basis of an actual but unreasonable belief that self-defense was required, a defendant must prove the elements of section 9-2(a)(2) of the Criminal Code (720 ILCS 5/9-2(a)(2) (West 2006)).…”
People v. Reid, 688 N.E.2d 1156 (Ill. 1997).
People v. Nibbe, 2016 IL App (4th) 140363 (Ill. App. Ct. 2016).
People v. Washington, 2012 IL 110283 (Ill. 2012). “See 720 ILCS 5/9-2(a)(1) (West 2002). The State argues that defendant forfeited this argument because he did not raise it in the appellate court.”
People v. Fort, 2017 IL 118966 (Ill. 2018). “See 720 ILCS 5/9-2(a)(2) (West 2008). The circuit court of Cook County sentenced defendant as an adult to 18 years in prison.”
— 720 ILCS 5/9-2(a)(2)(b) — 1 case
People v. Perry, 686 N.E.2d 677 (Ill. App. Ct. 1997).
— 720 ILCS 5/9-2(a)(I) — 1 case
People v. Raines (Ill. App. Ct. 2004).
— 720 ILCS 5/9-2(a)(l) — 2 cases
People v. Mangum, 632 N.E.2d 1097 (Ill. App. Ct. 1994).
Porfirio Gutierrez v. Keith Anglin, 706 F.3d 867 (7th Cir. 2013).
— 720 ILCS 5/9-2(b) — 34 cases
People v. McDonald, 2016 IL 118882 (Ill. 2016).
People v. McDonald, 2016 IL 118882 (Ill. 2017).
People v. Hayes, 2022 IL App (4th) 210409 (Ill. App. Ct. 2022).
People v. Camacho, 2016 IL App (1st) 140604 (Ill. App. Ct. 2016).
People v. Haynes, 2024 IL 129795 (Ill. 2024).
— 720 ILCS 5/9-2(c) — 65 cases
People v. Simon, 2011 IL App (1st) 91197 (Ill. App. Ct. 2011). “” 720 ILCS 5/9-2(a)(2) (West 2004). For a defendant to be guilty of second degree murder, the State must first prove the defendant guilty of first degree murder beyond a reasonable doubt.”
People v. Simon, 953 N.E.2d 1 (Ill. App. Ct. 2011).
People v. Neasom, 2017 IL App (1st) 143875 (Ill. App. Ct. 2017).
People v. Romero, 901 N.E.2d 399 (Ill. App. Ct. 2009).
People v. Manning, 2018 IL 122081 (Ill. 2019).
— 720 ILCS 5/9-2(d) — 25 cases
People v. Lee, 821 N.E.2d 307 (Ill. 2004). “Justice KILBRIDE delivered the opinion of the court: Defendant, Ivory Lee, was convicted in the circuit court of Sangamon County of second degree murder (720 ILCS 5/9-2 *309 (West 1998)) and two counts of aggravated battery with a firearm (720 ILCS 5/12-4.”
People v. Lopez, 655 N.E.2d 864 (Ill. 1995).
People v. Elizondo, 2021 IL App (1st) 161699 (Ill. App. Ct. 2021).
People v. Mangum, 632 N.E.2d 1097 (Ill. App. Ct. 1994).
People v. Beasley, 622 N.E.2d 1236 (Ill. App. Ct. 1993).
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.