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There are three types of first-degree murder charges in Illinois. The murder statute essentially describes

  • Intentional Murder
  • Strong Probability Murder and
  • Felony Murder
Type Statute Requirement
Intentional Murder 720 ILCS 5/9-1(a)(1) “intends to kill or do great bodily harm”
Strong Probability 720 ILCS 5/9-1(a)(2) “creates a strong probability of death or great bodily harm”
Felony Murder 720 ILCS 5/9-1(a)(3) “death during commission of forcible felony”

Here is a general outline of the Illinois murder statute (720 ILCS 5/9-1(a) et seq.):

(1) Intentional murder, i.e., where the defendant “intends to kill or do great bodily harm” or “knows that [his] acts will cause death” (720 ILCS 5/9-1(a)(1));
(2) Strong-probability murder, i.e., where the defendant knows that his acts “create a strong probability of death or great bodily harm” (720 ILCS 5/9-1(a)(2)); and
(3) Felony murder, i.e., where the defendant commits or attempts to commit a forcible felony and, during the commission of that felony, a death occurs (720 ILCS 5/9-1(a)(3)).

Second Degree Murder

Second-degree murder occurs when the defendant commits either intentional, knowing, or strong-probability first-degree murder and one of two mitigating factors is present:

(1) The defendant acted under a sudden and intense passion resulting from serious provocation by the victim  or
(2) The defendant subjectively believed that he was acting in self-defense, but his belief was unreasonable.

See 720 ILCS 5/9-2(a)(1) & (2).

The Illinois Second Degree Murder Says…

720 ILCS 5/9-2. 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.” – 720 ILCS 5/9-2

See Also