NOTE: This article was updated to reflect 2020 changes to Illinois law with passage of Public Act 101-173. This Act became effective on January 1st and instituted various amendments to the Illinois Vehicle Code, including an update to the penalties for involuntary manslaughter offenses involving violations of Scott’s Law.
Involuntary manslaughter under Illinois law refers to any accidental death that results from the reckless acts of another. Recklessness is the key component of involuntary manslaughter. If the acts causing the death were merely negligent, then the loss of life would be actionable in civil court through a wrongful death lawsuit instead.
The statute penalizing involuntary manslaughter is found in the criminal code at 720 ILCS 5/9-3. This offense is a Class 3 felony, generally punishable by a term of 2 to 5 years in the Illinois Department of Corrections. In certain cases, probation may be available.
The statute provides the following:
“A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual.”
See 720 ILCS 5/9-3(a).
What are the penalties for involuntary manslaughter?
As stated above, the sentencing for this offense is 2 to 5 years in the penitentiary. However, there are special circumstances in which the penalties increase. Namely, the identity of the victim and their relationship to the offender will make a difference.
There is a special provision of the statute that increases the penalties where the victim is a peace officer, if killed in the performance of their duties. If the victim is a peace officer, then the offense is punished as a Class 2 felony. The usual sentencing range for this offense is 3 to 7 years in the Illinois Department of Corrections.
Starting January 1, 2020, another special provision of the statute became effective. This special provision applies to cases of reckless homicide that involved a failure to move over and comply with Scott’s Law (625 ILCS 5/11-907). If such an offense results in the death of a firefighter or emergency medical technician, it can result in Class 2 felony charges.
Additionally, the penalties are increase if the victim is a family or household member. If the deceased is a family or household member, as defined in 725 ILCS 5/112A-3, then the penalty is a special Class 2 felony. Under these circumstances, the potential sentence is 3 to 14 years in the penitentiary.
A family or household member is defined by statute. The general understanding is it is someone who is related to the offender through a romantic, blood, or marriage relationship (past or present). But it can also include someone related to the offender in the fact that they shared a residence.
While it is true that probation is available to the defendant, unfortunately it may be unlikely. In all cases in which there is a loss of life, judges are very reluctant to give the offender probation.
There are defenses to involuntary manslaughter which the defendant can assert. For example, a person is guilty of involuntary manslaughter if and only if their acts are committed without lawful justification. If someone acts in self-defense and causes the death of another person, they may have an affirmative defense. Likewise, defending another person or one’s residence can also constitute a defense.