720 ILCS 5/9-2 – Second Degree Murder
This law explains when a killing that would normally be first degree murder is considered second degree instead.
Second degree murder happens when someone kills another person under strong emotions caused by serious provocation or when they wrongly but honestly believe the killing was justified. It is punished as a Class 1 felony in Illinois.
(a) A person commits second degree murder if they commit what would normally be first degree murder, but one of these two conditions exists:
- The person acted in a sudden, strong emotional response (like anger or fear) because of something serious that the victim or someone else did, and accidentally or carelessly caused the death.
- The person honestly believed they had a reason or right to kill under self-defense laws, but that belief was not reasonable given the situation.
(b) “Serious provocation” means actions that would cause a reasonable person to lose control from intense emotion. The victim’s sexual orientation or discovery of it cannot be considered serious provocation.
(c) If there is evidence of the factors in subsection (a), the defendant must prove one of these factors is true by showing it is more likely than not. The State still must prove beyond a reasonable doubt that the person committed all parts of first degree murder and that there were no valid reasons under the law to justify the killing.
(d) Punishment: Second degree murder is a Class 1 felony.
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