Justified Use of Force IL Statute

[Molly B.]

(720 ILCS 5/Art. 7 heading)

ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION

 

(720 ILCS 5/7 1) (from Ch. 38, par. 7 1)

Sec. 7 1. Use of force in defense of person.

(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

(b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

(Source: P.A. 93 832, eff. 7 28 04.)

 

(720 ILCS 5/7 2) (from Ch. 38, par. 7 2)

Sec. 7 2. Use of force in defense of dwelling.

(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent,

riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or

 

(2) He reasonably believes that such force is

necessary to prevent the commission of a felony in the dwelling.

 

( b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

(Source: P.A. 93 832, eff. 7 28 04.)

 

(720 ILCS 5/7 3) (from Ch. 38, par. 7 3)

Sec. 7 3. Use of force in defense of other property.

(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

(b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

(Source: P.A. 93 832, eff. 7 28 04.)
 

A forcible felony is defined in the IL Criminal Code:

"treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement[,] and any other felony which involves the use or threat of physical force or violence against any individual."

[BobPistol]

This law is one of few things the Illinois government did right.  

[Tango7]

On 1/18/2025 at 11:39 AM, BobPistol said:

This law is one of few things the Illinois government did right.  

 

Amazing the looks I get from students when we discuss the billionaire banners hatred of "Stand your ground" and "castle doctrine" laws... and then I walk them through our UOF laws.

 

"Aren't they the same thing?"

[Euler]

Duty to retreat means you are only justified to use force if you cannot run away.

Stand your ground means you are justified to use force if you are somewhere you are allowed to be doing something you are allowed to do.

The justifications to use of force (defense of self, others, property, home) are the same in either case. Those justifications exist even in a duty-to-retreat state, which Illinois isn't.