ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/9-3 (2026)

✓ current as of May 2026
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(720 ILCS 5/9-3), or (C) both an offense described in item (A) and an offense described in item (B).
        (5) The defendant was convicted of a violation of
    
Section 9-3.1 or Section 9-3.4 (concealment of homicidal death) or Section 12-20.5 (dismembering a human body) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3.1 or 5/12-20.5).
        (5.5) The defendant was convicted of a violation of
    
Section 24-3.7 (use of a stolen firearm in the commission of an offense) of the Criminal Code of 1961 or the Criminal Code of 2012.
        (6) If the defendant was in the custody of the
    
Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections.
        (7) A sentence under Section 3-6-4
Notes of Decisions
Cited in 248 cases (72 in the last 5 years), 1993–2026 · leading case: People v. Thurow, 786 N.E.2d 1019 (Ill. 2003).
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People v. Thurow, 786 N.E.2d 1019 (Ill. 2003). · cites it 8× “Chief Justice McMORROW delivered the opinion of the court: Defendant Erin Thurow was charged, under sections 9-3(a) and (f) of the Criminal Code of 1961 (720 ILCS 5/9-3(a), (f) (West 1998)), with involuntary manslaughter of a family or household member.”
People v. Calhoun, 880 N.E.2d 633 (Ill. App. Ct. 2007). · cites it 17× “2d 1022 ; 720 ILCS 5/9-3 (West 2000). The Martinez court also held that because the amendments to the reckless homicide statute were substantive and thus affected the nature and substance of the crime of reckless homicide, the defendant was barred from choosing under which…”
United States v. Woods, 576 F.3d 400 (7th Cir. 2009). · cites it 6× “See 720 ILCS, Act 5, Part B, Article 9 (Homicide); 720 ILCS 5/9-3 (involuntary manslaughter).”
People v. Gancarz, 859 N.E.2d 1127 (Ill. App. Ct. 2006). · cites it 19× “(c) For the purposes of this Section, a person shall be considered to be under the influence of alcohol or other drugs while: * * * 3.”
People v. Phipps, 933 N.E.2d 1186 (Ill. 2010). · cites it 4× “hicle upon a public highway * * * in a manner that was not proper with regard to the safety of others on the roadway, in that he drove at a high rate of speed * * *, failed to stop for the red light at [an] intersection, and hit a car being driven by Malocka Gille, who was…”
People v. Eubanks, 2019 IL 123525 (Ill. 2019). · cites it 2× “See 720 ILCS 5/9-3 (West 2008). The only difference between the offenses is that reckless homicide is the proper charge when the cause of death “consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft.”
People v. McDonald, 2016 IL 118882 (Ill. 2016). · cites it 2× “” 720 ILCS 5/9-3(a) (West 2014). - 15 - Recklessness is defined as follows: “A person is reckless or acts recklessly when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute…”
People v. Moffett, 2019 IL App (2d) 180964 (Ill. App. Ct. 2020). · cites it 5× “¶ 40 The Whitlock court also held that the charge of reckless homicide (720 ILCS 5/9-3(e-7)(2) (West 2016)) was not a new and additional charge.”
People v. Owens, 2016 IL App (4th) 140090 (Ill. App. Ct. 2016). · cites it 3× “1 (West 2002))], paragraph (b) of Section 11-401 [(625 ILCS 5/11-401(b) (West 2002))], or Section 9-3 of the Criminal Code of 1961 [(720 ILCS 5/9-3 (West 2002))] is guilty of a Class 2 felony.”
People v. Phipps, 889 N.E.2d 1154 (Ill. App. Ct. 2008). · cites it 9× “See 720 ILCS 5/9-3(e-7), (e-8), (e-9), (f) (West 2004).”
People v. O'QUINN, 791 N.E.2d 1066 (Ill. App. Ct. 2003). · cites it 3× “Thurow was found guilty after the jury was instructed on the elements of involuntary manslaughter. The sentencing judge determined that Thurow was eligible for an enhanced sentence because the victim was a member of Thurow's household (720 ILCS 5/9-3(f) (West 1998)).”
People v. Davis, 821 N.E.2d 1154 (Ill. 2004). · cites it 2× “" 720 ILCS 5/9-3(a) (West 1998). Accordingly, this statutory definition clearly specifies that a perpetrator must have a reckless mental state to be guilty of involuntary manslaughter.”
Show all 248 citing cases →
— 720 ILCS 5/9-3(a) — 190 cases
People v. Calhoun, 880 N.E.2d 633 (Ill. App. Ct. 2007). “2d 1022 ; 720 ILCS 5/9-3 (West 2000). The Martinez court also held that because the amendments to the reckless homicide statute were substantive and thus affected the nature and substance of the crime of reckless homicide, the defendant was barred from choosing under which…”
People v. Thurow, 786 N.E.2d 1019 (Ill. 2003). “Chief Justice McMORROW delivered the opinion of the court: Defendant Erin Thurow was charged, under sections 9-3(a) and (f) of the Criminal Code of 1961 (720 ILCS 5/9-3(a), (f) (West 1998)), with involuntary manslaughter of a family or household member.”
People v. McDonald, 2016 IL 118882 (Ill. 2016). “” 720 ILCS 5/9-3(a) (West 2014). - 15 - Recklessness is defined as follows: “A person is reckless or acts recklessly when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute…”
United States v. Woods, 576 F.3d 400 (7th Cir. 2009). “See 720 ILCS, Act 5, Part B, Article 9 (Homicide); 720 ILCS 5/9-3 (involuntary manslaughter).”
People v. Phipps, 933 N.E.2d 1186 (Ill. 2010). “hicle upon a public highway * * * in a manner that was not proper with regard to the safety of others on the roadway, in that he drove at a high rate of speed * * *, failed to stop for the red light at [an] intersection, and hit a car being driven by Malocka Gille, who was…”
— 720 ILCS 5/9-3(b) — 14 cases
People v. Pomykala, 759 N.E.2d 916 (Ill. App. Ct. 2001).
People v. Peshak, 777 N.E.2d 554 (Ill. App. Ct. 2002).
People v. Latto, 710 N.E.2d 72 (Ill. App. Ct. 1999).
People v. Miles, 800 N.E.2d 122 (Ill. App. Ct. 2003).
People v. Pomykala Modification of October 11, 2001, opinion upon Denial of Rehearing (Ill. App. Ct. 2001).
— 720 ILCS 5/9-3(c) — 1 case
People v. Henderson (Ill. App. Ct. 2002).
— 720 ILCS 5/9-3(c)(1) — 3 cases
People v. Henderson (Ill. App. Ct. 2002).
People v. Green (Ill. App. Ct. 1997).
People v. Spencer (Ill. App. Ct. 1999).
— 720 ILCS 5/9-3(c)(2) — 1 case
People v. Kraus (Ill. App. Ct. 2000).
— 720 ILCS 5/9-3(d) — 1 case
People v. Scott (Ill. App. Ct. 2006).
— 720 ILCS 5/9-3(d)(1) — 5 cases
People v. Thurow, 786 N.E.2d 1019 (Ill. 2003). “Chief Justice McMORROW delivered the opinion of the court: Defendant Erin Thurow was charged, under sections 9-3(a) and (f) of the Criminal Code of 1961 (720 ILCS 5/9-3(a), (f) (West 1998)), with involuntary manslaughter of a family or household member.”
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002).
People v. Stroud, 2023 IL App (2d) 220306 (Ill. App. Ct. 2023).
People v. Kolzow (Ill. App. Ct. 2001).
People v. Adams, 842 N.E.2d 1187 (Ill. App. Ct. 2006).
— 720 ILCS 5/9-3(d)(2) — 14 cases
People v. Calhoun, 880 N.E.2d 633 (Ill. App. Ct. 2007). “2d 1022 ; 720 ILCS 5/9-3 (West 2000). The Martinez court also held that because the amendments to the reckless homicide statute were substantive and thus affected the nature and substance of the crime of reckless homicide, the defendant was barred from choosing under which…”
People v. Gancarz, 859 N.E.2d 1127 (Ill. App. Ct. 2006). “(c) For the purposes of this Section, a person shall be considered to be under the influence of alcohol or other drugs while: * * * 3.”
People v. Phipps, 933 N.E.2d 1186 (Ill. 2010). “hicle upon a public highway * * * in a manner that was not proper with regard to the safety of others on the roadway, in that he drove at a high rate of speed * * *, failed to stop for the red light at [an] intersection, and hit a car being driven by Malocka Gille, who was…”
People v. Phipps, 889 N.E.2d 1154 (Ill. App. Ct. 2008). “See 720 ILCS 5/9-3(e-7), (e-8), (e-9), (f) (West 2004).”
People v. Daly, 2014 IL App (4th) 140624 (Ill. App. Ct. 2014).
— 720 ILCS 5/9-3(e) — 12 cases
People v. Gancarz, 859 N.E.2d 1127 (Ill. App. Ct. 2006). “(c) For the purposes of this Section, a person shall be considered to be under the influence of alcohol or other drugs while: * * * 3.”
People v. Phipps, 933 N.E.2d 1186 (Ill. 2010). “hicle upon a public highway * * * in a manner that was not proper with regard to the safety of others on the roadway, in that he drove at a high rate of speed * * *, failed to stop for the red light at [an] intersection, and hit a car being driven by Malocka Gille, who was…”
People v. Moffett, 2019 IL App (2d) 180964 (Ill. App. Ct. 2020). “¶ 40 The Whitlock court also held that the charge of reckless homicide (720 ILCS 5/9-3(e-7)(2) (West 2016)) was not a new and additional charge.”
People v. Tross, 666 N.E.2d 377 (Ill. App. Ct. 1996).
People v. Calhoun, 880 N.E.2d 633 (Ill. App. Ct. 2007). “2d 1022 ; 720 ILCS 5/9-3 (West 2000). The Martinez court also held that because the amendments to the reckless homicide statute were substantive and thus affected the nature and substance of the crime of reckless homicide, the defendant was barred from choosing under which…”
— 720 ILCS 5/9-3(f) — 12 cases
People v. Thurow, 786 N.E.2d 1019 (Ill. 2003). “Chief Justice McMORROW delivered the opinion of the court: Defendant Erin Thurow was charged, under sections 9-3(a) and (f) of the Criminal Code of 1961 (720 ILCS 5/9-3(a), (f) (West 1998)), with involuntary manslaughter of a family or household member.”
People v. O'QUINN, 791 N.E.2d 1066 (Ill. App. Ct. 2003). “Thurow was found guilty after the jury was instructed on the elements of involuntary manslaughter. The sentencing judge determined that Thurow was eligible for an enhanced sentence because the victim was a member of Thurow's household (720 ILCS 5/9-3(f) (West 1998)).”
People v. Forcum, 800 N.E.2d 499 (Ill. App. Ct. 2003).
People v. Stolberg, 2014 IL App (2d) 130963 (Ill. App. Ct. 2014).
People v. Stolberg, 2014 IL App (2d) 130963 (Ill. App. Ct. 2014).
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