Criminal Law and the Illinois Criminal Code
What this domain tests
Questions here probe whether you can name the elements of an offense, identify the required mental state, and apply a defense correctly under 720 ILCS 5.
Core rules
- Every offense has elements the State must prove beyond a reasonable doubt. If one element is missing, no crime.
- Mental states under 720 ILCS 5/4-3 through 4-7: intentionally, knowingly, recklessly, negligently. The statute defining the offense supplies the required state; when it says nothing, recklessness is the default.
- Inchoate offenses: attempt (5/8-4) requires a substantial step plus intent; conspiracy (5/8-2) requires an agreement plus an overt act; solicitation (5/8-1) requires commanding or encouraging another to commit an offense.
- Accountability (5/2-3? actually 5/5-2) makes a person legally accountable for another's conduct when, before or during the offense, he solicits, aids, agrees to aid, or attempts to aid with the intent to promote or facilitate the offense.
- Defenses: self-defense (5/7-1), defense of others (5/7-2), defense of dwelling (5/7-3), defense of property (5/7-4), compulsion (5/7-11), necessity, infancy, and insanity. Once an affirmative defense is raised, the State must disprove it beyond a reasonable doubt.
- Burglary (5/19-1): knowingly entering, or without authority remaining in, a building, house trailer, watercraft, aircraft, motor vehicle, or railroad car, or any part of one, with intent to commit a felony or theft inside. Class 2 felony.
Worked example
A man is found inside a closed garage at 2 a.m. holding a socket set belonging to the owner. The entry plus the intent to commit theft inside satisfies burglary. If he had formed the intent to steal only after lawfully entering as a invited guest, the burglary charge fails; the theft may still stand.
Traps
Treating "knowingly" and "intentionally" as interchangeable. Assuming mistake of fact is always a defense - it only matters when it negates the required mental state. Claiming voluntary intoxication as a blanket defense; it can only negate a specific-intent element.