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Illinois Compiled Statutes

730 ILCS 5/5-8-2 (2026)

Extended Term

✓ current as of May 2026
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(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
    Sec. 5-8-2. Extended Term.
    (a) A judge shall not sentence an offender to a term of imprisonment in excess of the maximum sentence authorized by Article 4.5 of Chapter V for an offense or offenses within the class of the most serious offense of which the offender was convicted unless the factors in aggravation set forth in Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present. If the pre-trial and trial proceedings were conducted in compliance with subsection (c-5) of Section 111-3 of the Code of Criminal Procedure of 1963, the judge may sentence an offender to an extended term as provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
    (b) If the conviction was by plea, it shall appear on the record that the plea was entered with the defendant's knowledge that a sentence under this Section was a possibility. If it does not so appear on the record, the defendant shall not be subject to such a sentence unless he is first given an opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)

    
Notes of Decisions
Cited in 225 cases (46 in the last 5 years), 1993–2026 · leading case: People v. Tucker, 657 N.E.2d 1009 (Ill. 1995).
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People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). · cites it 6× “Background Defendant was separately indicted on charges relating to two home invasions that occurred in Kankakee County on April 8, 1992, and April 10, 1992.”
People v. Ford, 761 N.E.2d 735 (Ill. 2001). · cites it 3× “2(b)(2) (West 1998)) or one of various other enumerated statutory aggravating factors (730 ILCS 5/5-8-2(a), 5-5-3.2(b) (West 1998)).”
People v. O'QUINN, 791 N.E.2d 1066 (Ill. App. Ct. 2003). · cites it 4× “The amendments clearly did not alter legal rules to make convictions easier, nor did they increase the punishment for a previously committed offense or make any changes to the elements of the offense of murder.”
People v. Lee, 926 N.E.2d 402 (Ill. App. Ct. 2010). · cites it 6× “, up to 14 years. 730 ILCS 5/5-8-2(a)(4) (West 2006).”
People v. Fuller, 793 N.E.2d 526 (Ill. 2002). · cites it 2× “" 730 ILCS 5/5-8-2(a) (West 1996). Section 5-5-3.”
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). · cites it 7× “The dissent states that the trial court's subsequent "brutal or heinous" finding exposed defendant to a greater punishment of 100 years' imprisonment (see 730 ILCS 5/5-8-2(a)(1), 5-5-3.2(b)(2) (West 1994)) or life imprisonment (see 730 ILCS 5/5-8-1(a)(1)(b) (West 1994)).”
People v. Forcum, 800 N.E.2d 499 (Ill. App. Ct. 2003). · cites it 5× “February 23, 2001 (amending 730 ILCS 5/5-8-2(a) (West 1998)); see also People v.”
People v. Taylor, 859 N.E.2d 20 (Ill. App. Ct. 2006). · cites it 5× “Defendant argues that imposing an extended-term sentence for his conviction of criminal trespass to a residence was erroneous because an extended-term sentence may be imposed only for a defendant's most serious conviction.”
People v. Reese, 2017 IL 120011 (Ill. 2017). “Extended-Term Sentences ¶ 82 Finally, defendant contends that the trial court erred in imposing extended-term sentences for offenses not included in the most serious class of felony.”
People v. Jernigan, 2014 IL App (4th) 130524 (Ill. App. Ct. 2015). · cites it 4× “Section 5-8-2, referenced in section 5-8-4(c)(2), authorized an extended-term sentence of up to 60 years for a Class X felony (730 ILCS 5/5-8-2(a)(2) (West 1994)) and an extended-term sentence of up to 14 years for a Class 2 felony (730 ILCS 5/5-8-2(a)(4) (West 1994)).”
Lawrence Dalton v. Deirdre Battaglia, Warden, State-Ville Corr. Ctr., 402 F.3d 729 (7th Cir. 2005). · cites it 2× “See 730 ILCS 5/5-8-2 (authorizing terms of imprisonment in excess of the maximum sentence provided by the statute if the “factors in aggravation set forth in paragraph (b) of Section 5-5-3.”
People v. Thurow, 786 N.E.2d 1019 (Ill. 2003). “The judge added that even if Michael were not a member of defendant's household, defendant was eligible for an extended-term sentence because of the tender age of the victim.”
Show all 225 citing cases →
— 730 ILCS 5/5-8-2(4) — 1 case
People v. Williams (Ill. App. Ct. 1998).
— 730 ILCS 5/5-8-2(a) — 97 cases
People v. Forcum, 800 N.E.2d 499 (Ill. App. Ct. 2003). “February 23, 2001 (amending 730 ILCS 5/5-8-2(a) (West 1998)); see also People v.”
People v. Reese, 2017 IL 120011 (Ill. 2017). “Extended-Term Sentences ¶ 82 Finally, defendant contends that the trial court erred in imposing extended-term sentences for offenses not included in the most serious class of felony.”
People v. O'QUINN, 791 N.E.2d 1066 (Ill. App. Ct. 2003). “The amendments clearly did not alter legal rules to make convictions easier, nor did they increase the punishment for a previously committed offense or make any changes to the elements of the offense of murder.”
People v. Fuller, 793 N.E.2d 526 (Ill. 2002). “" 730 ILCS 5/5-8-2(a) (West 1996). Section 5-5-3.”
People v. Poole, 2012 IL App (4th) 101017 (Ill. App. Ct. 2012).
— 730 ILCS 5/5-8-2(a)(1) — 24 cases
People v. Ford, 761 N.E.2d 735 (Ill. 2001). “2(b)(2) (West 1998)) or one of various other enumerated statutory aggravating factors (730 ILCS 5/5-8-2(a), 5-5-3.2(b) (West 1998)).”
People v. Fuller, 793 N.E.2d 526 (Ill. 2002). “" 730 ILCS 5/5-8-2(a) (West 1996). Section 5-5-3.”
People v. Beachem, 740 N.E.2d 389 (Ill. App. Ct. 2000).
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). “The dissent states that the trial court's subsequent "brutal or heinous" finding exposed defendant to a greater punishment of 100 years' imprisonment (see 730 ILCS 5/5-8-2(a)(1), 5-5-3.2(b)(2) (West 1994)) or life imprisonment (see 730 ILCS 5/5-8-1(a)(1)(b) (West 1994)).”
People v. Armstrong, 743 N.E.2d 215 (Ill. App. Ct. 2000).
— 730 ILCS 5/5-8-2(a)(2) — 26 cases
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). “Background Defendant was separately indicted on charges relating to two home invasions that occurred in Kankakee County on April 8, 1992, and April 10, 1992.”
Hill v. Cowan, 781 N.E.2d 1065 (Ill. 2002).
People v. Bowman, 2012 IL App (1st) 102010 (Ill. App. Ct. 2012).
People v. Lee, 926 N.E.2d 402 (Ill. App. Ct. 2010). “, up to 14 years. 730 ILCS 5/5-8-2(a)(4) (West 2006).”
People v. Jernigan, 2014 IL App (4th) 130524 (Ill. App. Ct. 2015). “Section 5-8-2, referenced in section 5-8-4(c)(2), authorized an extended-term sentence of up to 60 years for a Class X felony (730 ILCS 5/5-8-2(a)(2) (West 1994)) and an extended-term sentence of up to 14 years for a Class 2 felony (730 ILCS 5/5-8-2(a)(4) (West 1994)).”
— 730 ILCS 5/5-8-2(a)(3) — 4 cases
People v. Watson, 965 N.E.2d 474 (Ill. App. Ct. 2012).
People v. Mangum, 632 N.E.2d 1097 (Ill. App. Ct. 1994).
People v. Childress (Ill. App. Ct. 2001).
People v. Carter (Ill. App. Ct. 2002).
— 730 ILCS 5/5-8-2(a)(4) — 12 cases
People v. Lee, 926 N.E.2d 402 (Ill. App. Ct. 2010). “, up to 14 years. 730 ILCS 5/5-8-2(a)(4) (West 2006).”
People v. Jernigan, 2014 IL App (4th) 130524 (Ill. App. Ct. 2015). “Section 5-8-2, referenced in section 5-8-4(c)(2), authorized an extended-term sentence of up to 60 years for a Class X felony (730 ILCS 5/5-8-2(a)(2) (West 1994)) and an extended-term sentence of up to 14 years for a Class 2 felony (730 ILCS 5/5-8-2(a)(4) (West 1994)).”
People v. Lane, 2023 IL 128269 (Ill. 2023).
People v. Wyatt, 712 N.E.2d 343 (Ill. App. Ct. 1999).
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). “The dissent states that the trial court's subsequent "brutal or heinous" finding exposed defendant to a greater punishment of 100 years' imprisonment (see 730 ILCS 5/5-8-2(a)(1), 5-5-3.2(b)(2) (West 1994)) or life imprisonment (see 730 ILCS 5/5-8-1(a)(1)(b) (West 1994)).”
— 730 ILCS 5/5-8-2(a)(5) — 16 cases
People v. Thurow, 786 N.E.2d 1019 (Ill. 2003). “The judge added that even if Michael were not a member of defendant's household, defendant was eligible for an extended-term sentence because of the tender age of the victim.”
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). “The dissent states that the trial court's subsequent "brutal or heinous" finding exposed defendant to a greater punishment of 100 years' imprisonment (see 730 ILCS 5/5-8-2(a)(1), 5-5-3.2(b)(2) (West 1994)) or life imprisonment (see 730 ILCS 5/5-8-1(a)(1)(b) (West 1994)).”
People v. O'QUINN, 791 N.E.2d 1066 (Ill. App. Ct. 2003). “The amendments clearly did not alter legal rules to make convictions easier, nor did they increase the punishment for a previously committed offense or make any changes to the elements of the offense of murder.”
People v. Forcum, 800 N.E.2d 499 (Ill. App. Ct. 2003). “February 23, 2001 (amending 730 ILCS 5/5-8-2(a) (West 1998)); see also People v.”
People v. Jackson (Ill. App. Ct. 2001).
— 730 ILCS 5/5-8-2(a)(6) — 7 cases
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). “The dissent states that the trial court's subsequent "brutal or heinous" finding exposed defendant to a greater punishment of 100 years' imprisonment (see 730 ILCS 5/5-8-2(a)(1), 5-5-3.2(b)(2) (West 1994)) or life imprisonment (see 730 ILCS 5/5-8-1(a)(1)(b) (West 1994)).”
People v. Somers, 2012 IL App (4th) 110180 (Ill. App. Ct. 2012).
People v. Smith, 628 N.E.2d 960 (Ill. App. Ct. 1993).
People v. Stowe, 2021 IL App (2d) 200383-U (Ill. App. Ct. 2021).
People v. Fox (Ill. App. Ct. 2003).
— 730 ILCS 5/5-8-2(aX4) — 1 case
People v. Warwick, 621 N.E.2d 282 (Ill. App. Ct. 1993).
— 730 ILCS 5/5-8-2(aX5) — 1 case
People v. Young, 619 N.E.2d 851 (Ill. App. Ct. 1993).
— 730 ILCS 5/5-8-2(b) — 10 cases
People v. Taylor, 859 N.E.2d 20 (Ill. App. Ct. 2006). “Defendant argues that imposing an extended-term sentence for his conviction of criminal trespass to a residence was erroneous because an extended-term sentence may be imposed only for a defendant's most serious conviction.”
Lawrence Dalton v. Deirdre Battaglia, Warden, State-Ville Corr. Ctr., 402 F.3d 729 (7th Cir. 2005). “See 730 ILCS 5/5-8-2 (authorizing terms of imprisonment in excess of the maximum sentence provided by the statute if the “factors in aggravation set forth in paragraph (b) of Section 5-5-3.”
United States v. Alonzo Perkins, 449 F.3d 794 (7th Cir. 2006).
People v. Taylor, 2022 IL App (4th) 210614-U (Ill. App. Ct. 2022).
People v. Barnes, 2025 IL App (4th) 241516-U (Ill. App. Ct. 2025).
— 730 ILCS 5/5-8-2(b)(2) — 1 case
People v. Tomasello Opinion text corrected 5/24/02 (Ill. App. Ct. 2002).
— 730 ILCS 5/5-8-2(b)(3) — 1 case
People v. Pinkonsly, 772 N.E.2d 855 (Ill. App. Ct. 2002).
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