Illinois Manslaughter Laws: Involuntary, Reckless Homicide and DUI

Outside the unborn-child sections, Illinois has no offense called voluntary manslaughter. A killing under a sudden and intense passion resulting from serious provocation, or under an unreasonable belief that the killing was justified, is second degree murder under 720 ILCS 5/9-2, a Class 1 felony with a prison range of 4 to 20 years. An unintentional killing caused by reckless acts is involuntary manslaughter under 720 ILCS 5/9-3, or reckless homicide when the cause of death is driving a motor vehicle or operating a snowmobile, all-terrain vehicle or watercraft; both are Class 3 felonies, raised to Class 2 in listed cases.

A death caused by drunk or drugged driving is a separate Vehicle Code offense, aggravated DUI causing death under 625 ILCS 5/11-501(d)(1)(F). It is a Class 2 felony with a term of 3 to 14 years for one death and 6 to 28 years for 2 or more deaths, unless the court determines that extraordinary circumstances exist and require probation. For how other states grade these offenses, see our guide to manslaughter laws by state.

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Illinois criminal statutes on homicide below first degree murder: second degree murder and involuntary manslaughter in the Criminal Code of 2012 (720 ILCS 5/9-2 to 9-3.3), aggravated DUI causing death and related driving provisions in the Illinois Vehicle Code (625 ILCS 5), the impaired boating and snowmobiling death offenses (625 ILCS 45/5-16 and 40/5-7), and the class sentencing ranges in the Unified Code of Corrections (730 ILCS 5). It does not cover first degree murder (see murder sentencing guidelines), self-defense and justification (see Illinois self-defense laws), civil lawsuits over a death (see Illinois wrongful death), or federal offenses (see the manslaughter laws hub).

What counts as manslaughter in Illinois?

Illinois splits the killings that other states call manslaughter across several offenses with different names. The Criminal Code and the Vehicle Code set out these offenses below first degree murder:

• Second degree murder (720 ILCS 5/9-2): first degree murder committed under a sudden and intense passion resulting from serious provocation, or under an unreasonable belief that the killing was justified. This is the Illinois offense that covers what most people mean by voluntary manslaughter.
• Involuntary manslaughter (720 ILCS 5/9-3): an unintentional killing by reckless acts likely to cause death or great bodily harm to some individual.
• Reckless homicide (720 ILCS 5/9-3): the same reckless killing when the cause of death consists of driving a motor vehicle or operating a snowmobile, all-terrain vehicle or watercraft.
• Aggravated DUI causing death (625 ILCS 5/11-501(d)(1)(F)): a DUI violation that was a proximate cause of another person's death in a crash.
• Voluntary manslaughter of an unborn child (720 ILCS 5/9-2.1) and involuntary manslaughter and reckless homicide of an unborn child (720 ILCS 5/9-3.2).

The Criminal Code's homicide article contains no criminally negligent homicide offense and no vehicular homicide statute separate from reckless homicide and aggravated DUI. Article 4 of the Code defines negligence as a mental state (720 ILCS 5/4-7), but each manslaughter-level killing below rests on recklessness, on a mitigated murder, or, for aggravated DUI, on a DUI violation that caused the death.

Illinois manslaughter and homicide offenses at a glance

The default prison ranges come from the Unified Code of Corrections: Class X is 6 to 30 years with no probation (730 ILCS 5/5-4.5-25), Class 1 is 4 to 15 years except second degree murder at 4 to 20 (730 ILCS 5/5-4.5-30), Class 2 is 3 to 7 years with an extended term of 7 to 14 (730 ILCS 5/5-4.5-35), and Class 3 is 2 to 5 years with an extended term of 5 to 10 (730 ILCS 5/5-4.5-40). Section 9-3 and Section 11-501 set their own terms of 3 to 14 years and 6 to 28 years for the Class 2 forms they describe. For more on how Illinois sentences each felony class, see Illinois felony and misdemeanor classes.

Second degree murder: Illinois in place of voluntary manslaughter

Second degree murder starts from first degree murder and adds a mitigating factor. Section 9-2(a) provides:

"A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present: (1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or (2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable."

Under the second factor, the person believed the circumstances would justify or exonerate the killing under Article 7, but that belief was unreasonable. Article 7 holds the justification rules themselves; our page on Illinois self-defense laws covers them.

Serious provocation and the sexual-orientation bar

Section 9-2(b) defines the provocation that counts:

"Serious provocation is conduct sufficient to excite an intense passion in a reasonable person provided, however, that an action that does not otherwise constitute serious provocation cannot qualify as serious provocation because of the discovery, knowledge, or disclosure of the victim's sexual orientation as defined in Section 1-103 of the Illinois Human Rights Act."

The sexual-orientation clause, often described as a ban on the gay panic defense, was added by Public Act 100-460, effective January 1, 2018. The Human Rights Act definition that Section 9-2(b) incorporates (775 ILCS 5/1-103(O-1)) covers "actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity," so the bar also applies to a victim's gender-related identity. The clause appears in Section 9-2; the unborn-child provision in Section 9-2.1 contains no comparable clause.

Who has to prove what

Section 9-2(c) splits the burden. When evidence of either mitigating factor has been presented, "the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder." The State keeps the burden to prove each element of first degree murder beyond a reasonable doubt and, when the issue is properly raised, the absence of circumstances that would justify or exonerate the killing.

What the Illinois Supreme Court has said about provocation

In People v. Chevalier, 131 Ill. 2d 66 (1989), the Illinois Supreme Court described the limits of legally adequate provocation:

"The only categories of serious provocation which have been recognized are: 'substantial physical injury or assault, mutual quarrel or combat, illegal arrest, and adultery with the offender's spouse; but not mere words or gestures or trespass to property.'"

The court also held that a verbal communication that adultery has occurred or will occur falls within the rule that mere words are insufficient provocation. Chevalier predates the 2018 amendment to Section 9-2.

Second degree murder is a Class 1 felony under Section 9-2(d). Under 730 ILCS 5/5-4.5-30(a), the sentence is a determinate term of 4 to 20 years, a higher cap than the 4 to 15 years that applies to other Class 1 felonies.

Involuntary manslaughter and recklessness

Involuntary manslaughter covers unintended deaths. Section 9-3(a) provides that "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, and he performs them recklessly," except where the cause of death is driving or operating one of the listed vehicles, which is reckless homicide.

The required mental state is recklessness, defined in 720 ILCS 5/4-6:

"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 statute defining the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation."

Negligence is a lower standard. Under 720 ILCS 5/4-7, a person is negligent when that person "fails to be aware of a substantial and unjustifiable risk" and the failure is "a substantial deviation" from the standard of care. The difference is awareness: recklessness means consciously disregarding a risk, while negligence means failing to be aware of it. Illinois's manslaughter offenses use the reckless standard.

Involuntary manslaughter is a Class 3 felony under Section 9-3(d)(1), carrying 2 to 5 years, or 5 to 10 years on an extended term (730 ILCS 5/5-4.5-40(a)). Two victim-based provisions raise it:

• Family or household member. Under Section 9-3(f), when the victim was a family or household member as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, involuntary manslaughter is a Class 2 felony, and a person sentenced to imprisonment receives a term of 3 to 14 years.
• Peace officer. Under Section 9-3(e-10), involuntary manslaughter or reckless homicide "resulting in the death of a peace officer killed in the performance of his or her duties as a peace officer" is a Class 2 felony.

Vehicular manslaughter in Illinois: reckless homicide and aggravated DUI

Illinois has no offense named vehicular manslaughter. A death caused by reckless driving is reckless homicide under 720 ILCS 5/9-3, and a death caused by a DUI violation is aggravated DUI under 625 ILCS 5/11-501(d)(1)(F). The second carries the higher base grade: Class 2 with 3 to 14 years, against Class 3 with 2 to 5 years for base reckless homicide.

Reckless homicide

Reckless homicide has the same elements as involuntary manslaughter, with the cause of death consisting of "the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft." Section 9-3(a) adds one specific form: a person commits reckless homicide "if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne."

Reckless homicide is a Class 3 felony at the base level (Section 9-3(d)(2)). Section 9-3 raises it to Class 2 in listed circumstances:

• Work zones and traffic-control orders, one death. Under subsection (e-7), when the defendant was driving in a construction or maintenance zone, or "was operating a vehicle while failing or refusing to comply with any lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control," the penalty is a Class 2 felony, and a person sentenced to imprisonment receives 3 to 14 years.
• The same circumstances, 2 or more deaths. Under subsection (e-8), when the defendant "caused the deaths of 2 or more persons as part of a single course of conduct" in those circumstances, the penalty is a Class 2 felony, and a person sentenced to imprisonment receives 6 to 28 years.
• School crossing zones. Under subsections (e-2) and (e-3), reckless homicide committed on a public thoroughfare where children pass going to and from school, when a school crossing guard is performing official duties, is a Class 2 felony: 3 to 14 years if a prison term is imposed, or 6 to 28 years when 2 or more people die as part of a single course of conduct.
• Airborne vehicles, 2 or more deaths. Under subsection (e-9), the incline (airborne) form of reckless homicide is a Class 2 felony when the defendant caused the deaths of 2 or more persons as part of a single course of conduct.
• Scott's Law violations. Under subsections (e-12) and (e-13), reckless homicide committed as a result of violating the move-over rule for stationary emergency vehicles in 625 ILCS 5/11-907(c) is a Class 2 felony: 3 to 14 years if a prison term is imposed, or 6 to 28 years for 2 or more deaths in a single course of conduct. Under subsection (e-15), it is also a Class 2 felony when a driver failing or refusing to comply with Section 11-907(c) causes the death of a firefighter or emergency medical services personnel in the performance of official duties.

Section 9-3 also lets the factfinder infer recklessness in school and work zones. Under subsection (e-11), when the defendant unintentionally kills someone while driving in a posted school zone while children are present, or in a construction or maintenance zone when workers are present, "the trier of fact may infer that the defendant's actions were performed recklessly where he or she was also either driving at a speed of more than 20 miles per hour in excess of the posted speed limit or violating Section 11-501 of the Illinois Vehicle Code." Under subsection (e-14), the trier of fact may also infer recklessness where the defendant was violating Section 11-907(c) of the Vehicle Code, and that offense is a Class 2 felony with a term of 3 to 14 years if a prison term is imposed.

Aggravated DUI causing death

The Vehicle Code makes a DUI violation a felony when the person, in committing it, "was involved in a motor vehicle crash or snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death" (625 ILCS 5/11-501(d)(1)(F)). The sentencing rule in subsection (d)(2)(G) reads:

"A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons."

Several other provisions attach to this offense:

• Probation conditions. Anyone sentenced under subsection (d) who receives probation or conditional discharge "must serve a minimum term of either 480 hours of community service or 10 days of imprisonment" as a condition (625 ILCS 5/11-501(d)(3)).
• Sentence credit. Except as provided in paragraph (4.7), a prisoner serving a sentence for aggravated DUI under subparagraph (d)(1)(F) "shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment" (730 ILCS 5/3-6-3(a)(2.3)).
• Later DUI offenses. A DUI by a person previously convicted of reckless homicide in which being under the influence was an element, or previously convicted under subparagraph (C) or (F), is aggravated DUI under subparagraph (d)(1)(D), a Class 3 felony for which probation or conditional discharge may not be imposed (625 ILCS 5/11-501(d)(2)(J)).

Impaired boating and snowmobiling deaths

The Boat Registration and Safety Act and the Snowmobile Registration and Safety Act each have their own impaired-operation offense, separate from Section 11-501 of the Vehicle Code. Under 625 ILCS 45/5-16(A)(5), a person convicted of operating a watercraft under the influence is guilty of a Class 2 felony "if the offense results in the death of a person," with a term of 3 to 14 years if a prison term is imposed. The Snowmobile Registration and Safety Act, 625 ILCS 40/5-7(e), sets the same Class 2 grade and 3 to 14 year term for an impaired snowmobiling offense that results in a death.

Scott's Law deaths

A driver who violates the move-over rule for a stationary authorized emergency vehicle displaying flashing lights (625 ILCS 5/11-907(c)) commits a Class 4 felony when the violation results in the injury or death of another person. When it results in a death, the person's driving privileges are also suspended for 2 years (625 ILCS 5/11-907(d), (g)).

For DUI penalties when no one dies, see Illinois DUI laws.

Driver's license revocation

Under 625 ILCS 5/6-205(a), the Secretary of State "shall immediately revoke the license, permit, or driving privileges of any driver" on receiving a report of a conviction for, among other offenses, reckless homicide resulting from the operation of a motor vehicle, a violation of Section 11-501, or any traffic offense that was "the proximate cause of the death of any person."

Leaving the scene of a fatal crash

A driver involved in a crash resulting in injury to or death of any person must immediately stop at or as close as possible to the scene and remain there until the requirements of Section 11-403 are met (625 ILCS 5/11-401(a)). Failing to stop and remain is a Class 4 felony (11-401(c)). A driver who did not stop or remain must report the crash at a police station or sheriff's office within the half hour that Section 11-401(b) allows, and failing to report is a Class 1 felony when the crash resulted in a death (11-401(d)). Our page on Illinois hit-and-run laws covers the details.

Other homicide offenses below murder

Unborn children. Section 9-2.1 keeps the voluntary manslaughter name for two situations involving an unborn child. Under subsection (a), a person who kills an unborn child commits the offense "if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the unborn child." Under subsection (b), it is also voluntary manslaughter of an unborn child to intentionally or knowingly kill an unborn child while believing the circumstances would justify or exonerate the killing under Article 7, when that belief is unreasonable. It is a Class 1 felony. Section 9-3.2 makes involuntary manslaughter and reckless homicide of an unborn child Class 3 felonies; its reckless homicide form applies when the cause of death consists of the driving of a motor vehicle. For that section, "unborn child" means "any individual of the human species from the implantation of an embryo until birth," and "person" does not include the pregnant individual whose unborn child is killed.

Drug-induced homicide. Under 720 ILCS 5/9-3.3(a), a person commits drug-induced homicide by unlawfully delivering a controlled substance in violation of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act when "any person's death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance." Under subsection (a-5), the offense also covers a delivery made in violation of another jurisdiction's law, when that delivery could have been charged under the same Illinois sections and the death is caused in Illinois. It is a Class X felony. For deliveries under subsection (a) or (c) of Section 401 or under Section 55, Section 9-3.3(b)(1) provides that the defendant "shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years."

Recent changes

• Sexual-orientation provocation bar (2018). Public Act 100-460 amended Section 9-2(b) so that discovery, knowledge or disclosure of the victim's sexual orientation cannot by that fact turn conduct into serious provocation. It took effect January 1, 2018.
• Section 9-3 (2020). The current text of the involuntary manslaughter and reckless homicide section carries Public Act 101-173, effective January 1, 2020, as its most recent amendment.

Federal law

Federal law, 18 U.S.C. 1112, covers manslaughter within the special maritime and territorial jurisdiction of the United States; see the manslaughter laws hub for how the federal offense works.

Related pages

• Manslaughter laws by state
• Illinois felony and misdemeanor classes
• Illinois DUI laws
• Illinois hit-and-run laws
• Illinois self-defense laws
• The difference between first, second and third degree manslaughter

Disclaimer: This article provides general legal information about Illinois law as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Illinois.

Last updated: October 17, 2026.

Frequently Asked Questions

Does Illinois have voluntary manslaughter?

Only for an unborn child (720 ILCS 5/9-2.1, a Class 1 felony). When the person killed was not an unborn child, a heat-of-passion killing or a killing under an unreasonable belief in justification is second degree murder under 720 ILCS 5/9-2, a Class 1 felony with a range of 4 to 20 years.

Is involuntary manslaughter a felony in Illinois?

Yes. Involuntary manslaughter is a Class 3 felony under 720 ILCS 5/9-3(d), with a prison range of 2 to 5 years (5 to 10 years on an extended term). It is a Class 2 felony when the victim was a family or household member (3 to 14 years) or a peace officer killed in the performance of his or her duties.

What is the difference between involuntary manslaughter and reckless homicide in Illinois?

Both require an unintentional killing by reckless acts likely to cause death or great bodily harm. Under 720 ILCS 5/9-3(a), the offense is called reckless homicide when the cause of death consists of driving a motor vehicle or operating a snowmobile, all-terrain vehicle or watercraft; both are Class 3 felonies at the base level.

What is the sentence for a fatal DUI crash in Illinois?

Aggravated DUI causing death under 625 ILCS 5/11-501(d)(1)(F) is a Class 2 felony with a term of 3 to 14 years for one death and 6 to 28 years for 2 or more deaths, unless the court determines that extraordinary circumstances exist and require probation. Sentence credit for this offense is capped at 4.5 days per month, except as 730 ILCS 5/3-6-3(a)(4.7) provides.

What is the sentence for second degree murder in Illinois?

Second degree murder is a Class 1 felony. Under 730 ILCS 5/5-4.5-30(a), the prison sentence is a determinate term of 4 to 20 years, compared with 4 to 15 years for other Class 1 felonies.

Can words alone be serious provocation in Illinois?

In People v. Chevalier (1989), the Illinois Supreme Court said mere words or gestures are not recognized provocation, and that a verbal communication that adultery has occurred or will occur falls within that rule. Section 9-2(b) defines serious provocation as conduct sufficient to excite an intense passion in a reasonable person.

Does Illinois ban the gay panic defense?

Section 9-2(b) provides that conduct that does not otherwise constitute serious provocation cannot qualify as serious provocation because of the discovery, knowledge, or disclosure of the victim's sexual orientation. Public Act 100-460 added the clause, effective January 1, 2018. The Illinois Human Rights Act definition it incorporates includes gender-related identity.

Is a driver's license revoked after a fatal crash conviction in Illinois?

Under 625 ILCS 5/6-205(a), the Secretary of State must immediately revoke driving privileges on a conviction for reckless homicide resulting from the operation of a motor vehicle, for a DUI violation of Section 11-501, or for a traffic offense that was the proximate cause of a death.

Is drug-induced homicide the same as manslaughter in Illinois?

No. Drug-induced homicide under 720 ILCS 5/9-3.3 is its own offense, a Class X felony, for unlawfully delivering a controlled substance that causes a death. Deliveries under Section 401(a) or (c) of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act carry 15 to 30 years, or an extended term of 30 to 60 years.