ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/5 (2026)

Definitions

✓ current as of May 2026
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(725 ILCS 207/5)
    Sec. 5. Definitions. As used in this Act, the term:
    (a) "Department" means the Department of Human Services.
    (b) "Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence.
    (c) "Secretary" means the Secretary of Human Services.
    (d) "Sexually motivated" means that one of the purposes for an act is for the actor's sexual arousal or gratification.
    (e) "Sexually violent offense" means any of the following:
        (1) Any crime specified in Section 11-1.20, 11-1.30,
    
11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012; or
        (1.5) Any former law of this State specified in
    
Section 11-1 (rape), 11-3 (deviate sexual assault), 11-4 (indecent liberties with a child) or 11-4.1 (aggravated indecent liberties with a child) of the Criminal Code of 1961; or
        (2) First degree murder, if it is determined by the
    
agency with jurisdiction to have been sexually motivated; or
        (3) Any solicitation, conspiracy or attempt to commit
    
a crime under paragraph (e)(1) or (e)(2) of this Section.
    (f) "Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of a sexually violent offense by reason of insanity and who is dangerous because he or she suffers from a mental disorder that makes it substantially probable that the person will engage in acts of sexual violence.
(Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

    
Notes of Decisions
Cited in 232 cases (50 in the last 5 years), 1999–2026 · leading case: In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000).
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In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 18× “725 ILCS 207/5(1) (West 1998). Defendant argues that the Act violates the Illinois Constitution’s provision that a person shall not “be twice put in jeopardy for the same offense” (Ill.”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). · cites it 13× “) 725 ILCS 207/5(1) (West 2004). Section 5(e) of the Act defines a “sexually violent offense” as: “(1) Any crime specified in Section 11 — 6, 12 — 13, 12 — 14, 12— 14.”
In Re Det. of Lieberman, 776 N.E.2d 218 (Ill. 2002). · cites it 5× “As a final matter, the appellate court ruled that the legislature’s subsequent amendment to section 5(e) of the Act adding the offense of rape to the definition of a “sexually violent offense” (725 ILCS 207/5(e)(1.5) (West 2000)) supported its conclusion that the Act as…”
People v. Hughes, 2012 IL 112817 (Ill. 2013). · cites it 3× “725 ILCS 207/5 (West 2006) (listing the enumerated offenses).”
People v. Masterson, 798 N.E.2d 735 (Ill. 2003). · cites it 4× “) 725 ILCS 207/5(0 (West 2000). In Hendricks and Crane, the Supreme Court addressed the constitutionality of a Kansas statute which was very similar to Illinois’ SVPA.”
People v. Masterson, 2011 IL 110072 (Ill. 2011). · cites it 4× “” 725 ILCS 207/5(b) (West 2000). ¶ 31 The SVPA is limited only to those criminal offenses deemed “sexually violent” by the General Assembly.”
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). · cites it 3× “Following a trial on the State’s petition, in October 2007, a jury found Stanbridge to be a sexually violent person as defined by section 5(f) of the Act (725 ILCS 207/5(f) (West 2004)). Thereafter, in February 2008, the trial court ordered him committed to a secure facility for…”
In Re Det. of Varner, 759 N.E.2d 560 (Ill. 2001). · cites it 5× “” The jury was further instructed that criminal sexual assault constitutes a “sexually violent offense,” and it was given the definition of “[mjental disorder” set forth in section 5(b) of the Act, namely, “a congenital or acquired condition affecting the emotional or volitional…”
People v. Swanson, 780 N.E.2d 342 (Ill. App. Ct. 2002). · cites it 4× “See 725 ILCS 207/5(b), (f) (West 1998). In the second motion, respondent argued that the State’s petition was untimely because it was not filed within 30 days of April 7, 1999, which was the date that respondent was first released on parole.”
In re Commitment of Montanez, 2020 IL App (1st) 182239 (Ill. App. Ct. 2021). · cites it 3× “” 725 ILCS 207/5(b) (West 2016). When reviewing the court’s determination that respondent is an SVP, we ask whether, “viewing the evidence in the light most favorable to the State, any rational trier of fact could find the elements proved beyond a reasonable doubt.”
In Re Det. of Lieberman, 884 N.E.2d 160 (Ill. App. Ct. 2007). · cites it 3× “This court has noted that “the Act contains a volitional component in (1) its definition of ‘mental disorder’ as ‘a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence’ (725 ILCS 207/5(b)…”
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). · cites it 2× “This petition alleged that respondent was a “sexually violent person” within the meaning of section 5(f) of the Act (725 ILCS 207/5(f) (West 2000)) and, therefore, subject to commitment to the custody of the Department of Human Services “until such time [as] he is no longer a…”
Show all 232 citing cases →
— 725 ILCS 207/5(1) — 8 cases
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/5(1) (West 1998). Defendant argues that the Act violates the Illinois Constitution’s provision that a person shall not “be twice put in jeopardy for the same offense” (Ill.”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “) 725 ILCS 207/5(1) (West 2004). Section 5(e) of the Act defines a “sexually violent offense” as: “(1) Any crime specified in Section 11 — 6, 12 — 13, 12 — 14, 12— 14.”
People v. Tittlebach, 754 N.E.2d 484 (Ill. App. Ct. 2001).
In Re Det. of Varner, 800 N.E.2d 794 (Ill. 2003).
In Re Det. of Hardin, 907 N.E.2d 914 (Ill. App. Ct. 2009).
— 725 ILCS 207/5(a) — 1 case
Eugene Brown v. Larry Phillips, 801 F.3d 849 (7th Cir. 2015).
— 725 ILCS 207/5(b) — 81 cases
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/5(1) (West 1998). Defendant argues that the Act violates the Illinois Constitution’s provision that a person shall not “be twice put in jeopardy for the same offense” (Ill.”
In re The Det. of White, 2016 IL App (1st) 151187 (Ill. App. Ct. 2016).
People v. Swanson, 780 N.E.2d 342 (Ill. App. Ct. 2002). “See 725 ILCS 207/5(b), (f) (West 1998). In the second motion, respondent argued that the State’s petition was untimely because it was not filed within 30 days of April 7, 1999, which was the date that respondent was first released on parole.”
In re Commitment of Montanez, 2020 IL App (1st) 182239 (Ill. App. Ct. 2021). “” 725 ILCS 207/5(b) (West 2016). When reviewing the court’s determination that respondent is an SVP, we ask whether, “viewing the evidence in the light most favorable to the State, any rational trier of fact could find the elements proved beyond a reasonable doubt.”
In Re Det. of Lieberman, 884 N.E.2d 160 (Ill. App. Ct. 2007). “This court has noted that “the Act contains a volitional component in (1) its definition of ‘mental disorder’ as ‘a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence’ (725 ILCS 207/5(b)…”
— 725 ILCS 207/5(d) — 1 case
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “) 725 ILCS 207/5(1) (West 2004). Section 5(e) of the Act defines a “sexually violent offense” as: “(1) Any crime specified in Section 11 — 6, 12 — 13, 12 — 14, 12— 14.”
— 725 ILCS 207/5(e) — 24 cases
In Re Det. of Lieberman, 776 N.E.2d 218 (Ill. 2002). “As a final matter, the appellate court ruled that the legislature’s subsequent amendment to section 5(e) of the Act adding the offense of rape to the definition of a “sexually violent offense” (725 ILCS 207/5(e)(1.5) (West 2000)) supported its conclusion that the Act as…”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “) 725 ILCS 207/5(1) (West 2004). Section 5(e) of the Act defines a “sexually violent offense” as: “(1) Any crime specified in Section 11 — 6, 12 — 13, 12 — 14, 12— 14.”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/5(1) (West 1998). Defendant argues that the Act violates the Illinois Constitution’s provision that a person shall not “be twice put in jeopardy for the same offense” (Ill.”
People v. Botruff, 817 N.E.2d 463 (Ill. 2004).
In Re Det. of Bolton, 800 N.E.2d 128 (Ill. App. Ct. 2003).
— 725 ILCS 207/5(e)(1) — 10 cases
People v. Masterson, 2011 IL 110072 (Ill. 2011). “” 725 ILCS 207/5(b) (West 2000). ¶ 31 The SVPA is limited only to those criminal offenses deemed “sexually violent” by the General Assembly.”
In re Commitment of Moore, 2023 IL App (5th) 170453 (Ill. App. Ct. 2023).
In re the Committment of Kelley, 2012 IL App (1st) 110240 (Ill. App. Ct. 2012).
In Re Det. of Diestelhorst, 716 N.E.2d 823 (Ill. App. Ct. 1999).
People v. Masterson, 958 N.E.2d 686 (Ill. 2011).
— 725 ILCS 207/5(e)(2) — 4 cases
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “) 725 ILCS 207/5(1) (West 2004). Section 5(e) of the Act defines a “sexually violent offense” as: “(1) Any crime specified in Section 11 — 6, 12 — 13, 12 — 14, 12— 14.”
In Re Det. of Diestelhorst, 716 N.E.2d 823 (Ill. App. Ct. 1999).
In re Commitment of Bumpers, 2024 IL App (1st) 231678-U (Ill. App. Ct. 2024).
In re Det. of Diestelhorst (Ill. App. Ct. 1999).
— 725 ILCS 207/5(e)(3) — 4 cases
People v. Masterson, 2011 IL 110072 (Ill. 2011). “” 725 ILCS 207/5(b) (West 2000). ¶ 31 The SVPA is limited only to those criminal offenses deemed “sexually violent” by the General Assembly.”
In Re Det. of Diestelhorst, 716 N.E.2d 823 (Ill. App. Ct. 1999).
People v. Masterson, 958 N.E.2d 686 (Ill. 2011).
In re Det. of Diestelhorst (Ill. App. Ct. 1999).
— 725 ILCS 207/5(e)(l) — 2 cases
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “) 725 ILCS 207/5(1) (West 2004). Section 5(e) of the Act defines a “sexually violent offense” as: “(1) Any crime specified in Section 11 — 6, 12 — 13, 12 — 14, 12— 14.”
In Re Det. of Kortte, 738 N.E.2d 983 (Ill. App. Ct. 2000).
— 725 ILCS 207/5(f) — 186 cases
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/5(1) (West 1998). Defendant argues that the Act violates the Illinois Constitution’s provision that a person shall not “be twice put in jeopardy for the same offense” (Ill.”
People v. Hughes, 2012 IL 112817 (Ill. 2013). “725 ILCS 207/5 (West 2006) (listing the enumerated offenses).”
In Re Det. of Lieberman, 776 N.E.2d 218 (Ill. 2002). “As a final matter, the appellate court ruled that the legislature’s subsequent amendment to section 5(e) of the Act adding the offense of rape to the definition of a “sexually violent offense” (725 ILCS 207/5(e)(1.5) (West 2000)) supported its conclusion that the Act as…”
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). “Following a trial on the State’s petition, in October 2007, a jury found Stanbridge to be a sexually violent person as defined by section 5(f) of the Act (725 ILCS 207/5(f) (West 2004)). Thereafter, in February 2008, the trial court ordered him committed to a secure facility for…”
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). “This petition alleged that respondent was a “sexually violent person” within the meaning of section 5(f) of the Act (725 ILCS 207/5(f) (West 2000)) and, therefore, subject to commitment to the custody of the Department of Human Services “until such time [as] he is no longer a…”
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