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Illinois Compiled Statutes

725 ILCS 5/115-7.3 (2026)

Evidence in certain cases

✓ current as of May 2026
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(725 ILCS 5/115-7.3)
    Sec. 115-7.3. Evidence in certain cases.
    (a) This Section applies to criminal cases in which:
        (1) the defendant is accused of predatory criminal
    
sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, child sexual abuse material, aggravated child pornography, involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, or child abduction as defined in paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012;
        (2) the defendant is accused of battery, aggravated
    
battery, first degree murder, or second degree murder when the commission of the offense involves sexual penetration or sexual conduct as defined in Section 11-0.1 of the Criminal Code of 2012; or
        (3) the defendant is tried or retried for any of the
    
offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child.
    (b) If the defendant is accused of an offense set forth in paragraph (1) or (2) of subsection (a) or the defendant is tried or retried for any of the offenses set forth in paragraph (3) of subsection (a), evidence of the defendant's commission of another offense or offenses set forth in paragraph (1), (2), or (3) of subsection (a), or evidence to rebut that proof or an inference from that proof, may be admissible (if that evidence is otherwise admissible under the rules of evidence) and may be considered for its bearing on any matter to which it is relevant.
    (c) In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider:
        (1) the proximity in time to the charged or predicate
    
offense;
        (2) the degree of factual similarity to the charged
    
or predicate offense; or
        (3) other relevant facts and circumstances.
    (d) In a criminal case in which the prosecution intends to offer evidence under this Section, it must disclose the evidence, including statements of witnesses or a summary of the substance of any testimony, at a reasonable time in advance of trial, or during trial if the court excuses pretrial notice on good cause shown.
    (e) In a criminal case in which evidence is offered under this Section, proof may be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an expert opinion, except that the prosecution may offer reputation testimony only after the opposing party has offered that testimony.
    (f) In prosecutions for a violation of Section 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal Code of 1961 or the Criminal Code of 2012, involving the involuntary delivery of a controlled substance to a victim, no inference may be made about the fact that a victim did not consent to a test for the presence of controlled substances.
(Source: P.A. 104-245, eff. 1-1-26.)

    
Notes of Decisions
Cited in 260 cases (121 in the last 5 years), 2000–2026 · leading case: People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008).
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People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008). · cites it 11× “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2004)), even if the counts were severed, each jury would hear evidence regarding the other assault as other-crimes evidence and thus defendant would not be prejudiced if all counts were tried together.”
People v. Bates, 2018 IL App (4th) 160255 (Ill. App. Ct. 2018). · cites it 6× “4, and 115-20 of the Code of Criminal Procedure ( 725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20 ).”
People v. Adams, 2023 IL App (2d) 220061 (Ill. App. Ct. 2023). · cites it 7× “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2018)), (2) he was not proved guilty beyond a reasonable doubt, (3) his 1 Section 12-16(d) was renumbered as section 11-1.”
People v. Reed, 838 N.E.2d 328 (Ill. App. Ct. 2005). · cites it 6× “3 of the Code (725 ILCS 5/115-7.3 (West 2002)). Because L.”
People v. Wilson, 2015 IL App (4th) 130512 (Ill. App. Ct. 2016). · cites it 5× “725 ILCS 5/115-7.3(a)(1), (b) (West 2010).”
People v. Holmes, 2016 IL App (1st) 132357 (Ill. App. Ct. 2016). · cites it 3× “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2002)). In this motion, the State asserted that it should be permitted to present evidence at trial of defendant's 1994 and 1996 convictions in Louisiana.”
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). · cites it 4× “3 of the Code (725 ILCS 5/115-7.3 (West 2006)). Johnson, 406 Ill.”
People v. Hayden, 2018 IL App (4th) 160035 (Ill. App. Ct. 2018). · cites it 10× “3 ( 725 ILCS 5/115-7.3 (West 2014) ) lifted this evidentiary exclusion in cases of predatory criminal sexual assault of a child, aggravated criminal sexual abuse, and other listed sex crimes.”
People v. Smart, 2025 IL 130127 (Ill. 2025). · cites it 6× “4, and 115-20 of the Code of Criminal Procedure (725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20).”
People v. Watts, 2022 IL App (4th) 210590 (Ill. App. Ct. 2022). · cites it 3× “3 of the Code (725 ILCS 5/115-7.3 (West 2020)) or the evidence of self-harm.”
People v. Wilson, 824 N.E.2d 191 (Ill. 2005). · cites it 2× “3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-7.3 (West 2002)), which became effective January 1, 1998.”
People v. Bates, 2018 IL App (4th) 160255 (Ill. App. Ct. 2018). · cites it 5× “4, and 115-20 of the Code of Criminal Procedure (725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20).”
Show all 260 citing cases →
725 ILCS 5/115-7.3(a): 15 cases
People v. Adams, 2023 IL App (2d) 220061 (Ill. App. Ct. 2023). “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2018)), (2) he was not proved guilty beyond a reasonable doubt, (3) his 1 Section 12-16(d) was renumbered as section 11-1.”
People v. Watts, 2022 IL App (4th) 210590 (Ill. App. Ct. 2022). “3 of the Code (725 ILCS 5/115-7.3 (West 2020)) or the evidence of self-harm.”
People v. Bates, 2018 IL App (4th) 160255 (Ill. App. Ct. 2018). “4, and 115-20 of the Code of Criminal Procedure (725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20).”
People v. Kline, 2024 IL App (1st) 221595 (Ill. App. Ct. 2024).
People v. Ross, 2018 IL App (2d) 161079 (Ill. App. Ct. 2018).
725 ILCS 5/115-7.3(a)(1): 43 cases
People v. Hayden, 2018 IL App (4th) 160035 (Ill. App. Ct. 2018). “3 ( 725 ILCS 5/115-7.3 (West 2014) ) lifted this evidentiary exclusion in cases of predatory criminal sexual assault of a child, aggravated criminal sexual abuse, and other listed sex crimes.”
People v. Wilson, 2015 IL App (4th) 130512 (Ill. App. Ct. 2016). “725 ILCS 5/115-7.3(a)(1), (b) (West 2010).”
People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008). “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2004)), even if the counts were severed, each jury would hear evidence regarding the other assault as other-crimes evidence and thus defendant would not be prejudiced if all counts were tried together.”
People v. Stevens, 2018 IL App (4th) 160138 (Ill. App. Ct. 2018).
People v. Adams, 2023 IL App (2d) 220061 (Ill. App. Ct. 2023). “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2018)), (2) he was not proved guilty beyond a reasonable doubt, (3) his 1 Section 12-16(d) was renumbered as section 11-1.”
725 ILCS 5/115-7.3(a)(2): 2 cases
People v. Serritella, 2022 IL App (1st) 200072 (Ill. App. Ct. 2022).
People v. Waszak, 2021 IL App (2d) 180671-U (Ill. App. Ct. 2021).
725 ILCS 5/115-7.3(b): 76 cases
People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008). “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2004)), even if the counts were severed, each jury would hear evidence regarding the other assault as other-crimes evidence and thus defendant would not be prejudiced if all counts were tried together.”
People v. Bates, 2018 IL App (4th) 160255 (Ill. App. Ct. 2018). “4, and 115-20 of the Code of Criminal Procedure ( 725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20 ).”
People v. Reed, 838 N.E.2d 328 (Ill. App. Ct. 2005). “3 of the Code (725 ILCS 5/115-7.3 (West 2002)). Because L.”
People v. Hayden, 2018 IL App (4th) 160035 (Ill. App. Ct. 2018). “3 ( 725 ILCS 5/115-7.3 (West 2014) ) lifted this evidentiary exclusion in cases of predatory criminal sexual assault of a child, aggravated criminal sexual abuse, and other listed sex crimes.”
People v. Wilson, 2015 IL App (4th) 130512 (Ill. App. Ct. 2016). “725 ILCS 5/115-7.3(a)(1), (b) (West 2010).”
725 ILCS 5/115-7.3(c): 90 cases
People v. Wilson, 2015 IL App (4th) 130512 (Ill. App. Ct. 2016). “725 ILCS 5/115-7.3(a)(1), (b) (West 2010).”
People v. Bates, 2018 IL App (4th) 160255 (Ill. App. Ct. 2018). “4, and 115-20 of the Code of Criminal Procedure ( 725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20 ).”
People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008). “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2004)), even if the counts were severed, each jury would hear evidence regarding the other assault as other-crimes evidence and thus defendant would not be prejudiced if all counts were tried together.”
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). “3 of the Code (725 ILCS 5/115-7.3 (West 2006)). Johnson, 406 Ill.”
People v. Holmes, 2016 IL App (1st) 132357 (Ill. App. Ct. 2016). “3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.3 (West 2002)). In this motion, the State asserted that it should be permitted to present evidence at trial of defendant's 1994 and 1996 convictions in Louisiana.”
725 ILCS 5/115-7.3(c)(1): 13 cases
People v. Johnson, 2020 IL App (1st) 162332 (Ill. App. Ct. 2020).
People v. Reed, 838 N.E.2d 328 (Ill. App. Ct. 2005). “3 of the Code (725 ILCS 5/115-7.3 (West 2002)). Because L.”
People v. Smith, 2019 IL App (4th) 160641 (Ill. App. Ct. 2019).
People v. Holmes, 890 N.E.2d 1045 (Ill. App. Ct. 2008).
People v. Cerda, 2014 IL App (1st) 120484 (Ill. App. Ct. 2014).
725 ILCS 5/115-7.3(c)(2): 10 cases
People v. Johnson, 2020 IL App (1st) 162332 (Ill. App. Ct. 2020).
People v. Stanbridge, 810 N.E.2d 88 (Ill. App. Ct. 2004).
People v. Holmes, 890 N.E.2d 1045 (Ill. App. Ct. 2008).
People v. Lobdell, 2017 IL App (3d) 150074 (Ill. App. Ct. 2017).
People v. Kitch, 2019 IL App (3d) 170522 (Ill. App. Ct. 2019).
725 ILCS 5/115-7.3(c)(3): 3 cases
People v. Holmes, 890 N.E.2d 1045 (Ill. App. Ct. 2008).
People v. Johnson, 2021 IL App (4th) 190446-U (Ill. App. Ct. 2021).
People v. Holmes (Ill. App. Ct. 2008).
725 ILCS 5/115-7.3(d): 9 cases
People v. Reed, 838 N.E.2d 328 (Ill. App. Ct. 2005). “3 of the Code (725 ILCS 5/115-7.3 (West 2002)). Because L.”
People v. Valdez, 2022 IL App (1st) 181463 (Ill. App. Ct. 2022).
People v. Braddy, 2015 IL App (5th) 130354 (Ill. App. Ct. 2015).
People v. Braddy, 2015 IL App (5th) 130354 (Ill. App. Ct. 2015).
People v. Santa Maria, 2023 IL App (1st) 191607-U (Ill. App. Ct. 2023).
725 ILCS 5/115-7.3(e): 3 cases
People v. Chambers, 2011 IL App (3d) 90949 (Ill. App. Ct. 2011).
People v. Howder, 2024 IL App (5th) 220275-U (Ill. App. Ct. 2024).
People v. Chambers, 953 N.E.2d 1026 (Ill. App. Ct. 2011).
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