720 ILCS 5/9-3 – Involuntary Manslaughter and Reckless Homicide
This law explains what happens when someone accidentally kills another person by acting carelessly or recklessly, either on purpose or by driving dangerously.
This Illinois law describes when an unintentional killing becomes a crime called “involuntary manslaughter” or “reckless homicide.” It also explains the different punishments depending on where and how the death happened, such as in a school zone or construction area.
(a) If someone accidentally kills another person by doing something dangerous without thinking carefully, that person commits involuntary manslaughter. If the death happens because the person was driving, riding a snowmobile, ATV, or boat, it’s called reckless homicide. It is also called reckless homicide if someone drives and uses a hill or similar incline to make their car go airborne and someone dies.
(b) (Blank.)
(c) (Blank.)
(d) Sentence.
- Involuntary manslaughter is a Class 3 felony.
- Reckless homicide is a Class 3 felony.
(e) (Blank.)
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(e-2) If someone commits reckless homicide near a school crossing where a guard is working, it’s a more serious crime–a Class 2 felony, with jail time between 3 and 14 years.
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(e-3) If more than one person dies in that same school zone situation, the jail time increases to between 6 and 28 years.
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(e-5) (Blank.)
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(e-7) If the reckless homicide happens in a construction zone or the driver disobeys a police officer or traffic aide controlling traffic, the crime is a Class 2 felony with 3 to 14 years in prison.
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(e-8) If two or more people die in those same conditions–construction zones or ignoring traffic control–the penalty rises to 6 to 28 years in prison.
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(e-9) If a driver makes their car go airborne from a hill or railroad crossing and kills two or more people, it’s a Class 2 felony.
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(e-10) If someone kills a police officer doing their job through involuntary manslaughter or reckless homicide, it’s a Class 2 felony.
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(e-11) If the crash happens in a school or construction zone while children or workers are present, and the driver was speeding by more than 20 mph or driving under the influence, the law assumes the driver was being reckless.
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(e-12) If reckless homicide happens because the driver didn’t move over or slow down for emergency vehicles under Illinois Vehicle Code Section 11-907(c), it’s a Class 2 felony with 3 to 14 years in prison.
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(e-13) If two or more people die when a driver breaks that same “move over” law, the penalty increases to 6 to 28 years in prison.
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(e-14) If someone kills another person while violating the “move over” law, the judge or jury can assume it was reckless driving. The punishment is 3 to 14 years in prison and classified as a Class 2 felony.
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(e-15) If a driver fails to follow the “move over” law and kills a firefighter or EMT on duty, it’s a Class 2 felony.
(f) If someone commits involuntary manslaughter and kills a family or household member, it’s a Class 2 felony with 3 to 14 years in prison.
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