CHAPTER 130: GENERAL PROVISIONS

Section

   130.01   Definitions

   130.02   Intent

   130.03   Knowledge

   130.04   Recklessness

   130.05   Negligence

   130.06   Attempt

   130.99   Penalty

§ 130.01 DEFINITIONS.

   For the purposes of this title the following words and phrases shall have the following meanings ascribed to them respectively.

   ACT. Includes a failure or omission to take action.

(ILCS Ch. 720, Act 5, § 2-2)

   ANOTHER. A person or persons other than the offender.

(ILCS Ch. 720, Act 5, § 2-3)

   CONDUCT. An act or a series of acts, and the accompanying mental state.

(ILCS Ch. 720, Act 5, § 2-4)

   OFFENSE. A violation of any penal statute of this city or state.

(ILCS Ch. 720, Act 5, § 2-12)

§ 130.02 INTENT.

   A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the section defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.

(ILCS Ch. 720, Act 5, § 4-4)

§ 130.03 KNOWLEDGE.

   (A)   A person knows, or acts knowingly or with knowledge of:

      (1)   The nature or attendant circumstances of his or her conduct, described by the section defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that the fact exists.

      (2)   The result of his conduct, described by the section defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct.

   (B)   Conduct performed knowingly or with knowledge is performed willfully, within the meaning of a statute using the latter term, unless the section clearly requires another meaning.

(ILCS Ch. 720, Act 5, § 4-5)

§ 130.04 RECKLESSNESS.

   A person is reckless or acts recklessly, when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the section defining the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a section using the term "wantonly", unless the statute clearly requires another meaning.

(ILCS Ch. 720, Act 5, § 4-6)

§ 130.05 NEGLIGENCE.

   A person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.

(ILCS Ch. 720, Act 5, § 4-7)

§ 130.06 ATTEMPT.

   (A)   Elements of the offense. A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense.

   (B)   Impossibility. It is not a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.

   (C)   A person convicted of attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted.

(ILCS Ch. 720, Act 5, § 8-4) (‘64 Code, § 22-3) Penalty, see § 130.99