Criminal penalties in Illinois
Checked in October 2026 against the Illinois Compiled Statutes: Criminal Code of 2012 (720 ILCS 5), Unified Code of Corrections (730 ILCS 5) and Vehicle Code (625 ILCS 5).
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Illinois sets penalties
- Illinois sorts felonies into Class X and Classes 1 to 4, and misdemeanors into Classes A, B and C (730 ILCS 5/5-4.5-20 to 5-4.5-65). Class X: 6 to 30 years. Class 1: 4 to 15 years. Class 2: 3 to 7 years. Class 3: 2 to 5 years. Class 4: 1 to 3 years. Class A misdemeanor: less than one year. Class B: not more than 6 months. Class C: not more than 30 days.
- An 'extended term' of up to double those ranges applies in listed cases (730 ILCS 5/5-8-2): for a Class X felony, 30 to 60 years. Extended terms and mandatory add-ons (for example 15 or 20 years added for armed robbery with a firearm) apply on top of the ranges shown.
- First degree murder is sentenced under 730 ILCS 5/5-4.5-20: 20 to 60 years, or 60 to 100 years when an extended term is imposed, or natural life as provided in § 5-8-1.
- A fine of up to $25,000, or the amount specified in the offence if greater, may be imposed for a felony, in addition to imprisonment (730 ILCS 5/5-4.5-50(b)).
- Theft is graded by value: up to $500 is a Class A misdemeanor, over $500 up to $10,000 a Class 3 felony, over $10,000 up to $100,000 a Class 2 felony, over $100,000 up to $500,000 a Class 1 felony, and larger amounts are heavier still (720 ILCS 5/16-1(b)). Illinois punishes embezzlement as theft.
- This table shows first-offence ranges.
Death penalty: No. The most serious sentence in the sections read is natural life imprisonment, available for first degree murder (730 ILCS 5/5-4.5-20(a)(3), with § 5-8-1).
First-degree murder
20 to 60 years; 60 to 100 years with an extended term; or natural life
First degree murder: killing without lawful justification with intent to kill or do great bodily harm, knowing the acts create a strong probability of death or great bodily harm, or in the course of a forcible felony (First degree murder)
- Least
- 20 years
- Most
- Natural life imprisonment
The determinate term is 20 to 60 years. It is 60 to 100 years when an extended term is imposed under § 5-8-2, and the court may impose natural life as provided in § 5-8-1. Probation and conditional discharge are not available.
Second-degree murder
A Class 1 felony: 4 to 15 years
Second degree murder: first degree murder committed under a sudden and intense passion from serious provocation, or under an unreasonable belief in self-defence (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Voluntary manslaughter
A Class 3 felony (involuntary manslaughter, reckless homicide); a Class 1 felony (second degree murder)
Involuntary manslaughter or reckless homicide (Class 3 felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Second degree murder (the nearest Illinois offence to voluntary manslaughter) (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Illinois treats voluntary manslaughter as second degree murder (720 ILCS 5/9-2). Involuntary manslaughter and reckless homicide are Class 3 felonies, with a Class 2 felony for reckless homicide in listed circumstances such as near a school crossing guard.
Robbery
A Class 2 felony (robbery) up to a Class X felony (armed robbery)
Robbery (Class 2 felony)
- Least
- 3 years
- Most
- 7 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
It is a Class 1 felony if the victim is 60 or older or has a physical disability, or the robbery is committed in a school or place of worship.
Aggravated robbery (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Armed robbery (Class X felony)
- Least
- 6 years
- Most
- 30 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Years are added to the term where a firearm is used: 15 years for a violation of subsection (a)(2), 20 years for (a)(3), and further additions under the later paragraphs of the subsection.
Burglary
A Class 3 felony (vehicles) up to a Class 1 felony (residential burglary)
Burglary of a watercraft, aircraft, motor vehicle, railroad car or freight container (Class 3 felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Burglary of a building, housetrailer or other structure (Class 2 felony)
- Least
- 3 years
- Most
- 7 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Residential burglary (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Arson
A Class 2 felony; a Class 1 felony for residential arson or arson of a place of worship
Arson (Class 2 felony)
- Least
- 3 years
- Most
- 7 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Residential arson, or arson of a place of worship (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Aggravated assault
A Class 3 felony (aggravated battery) up to a Class 1 felony in some forms
Aggravated battery (the general penalty) (Class 3 felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Aggravated battery under subdivision (a)(4), (d)(4) or (g)(3) (Class 2 felony)
- Least
- 3 years
- Most
- 7 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Aggravated battery under subdivision (a)(3) or (g)(1) (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Rape and sexual assault
A Class 1 felony (criminal sexual assault) up to a Class X felony (aggravated criminal sexual assault)
Criminal sexual assault (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
A repeat offence under paragraph (a)(1) or (a)(2) is a Class X felony with a term of 30 to 60 years.
Aggravated criminal sexual assault (Class X felony)
- Least
- 6 years
- Most
- 30 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Ten years are added to the term for a violation of subsection (a)(1), and fifteen years for subsection (a)(8).
Kidnapping
A Class 2 felony: 3 to 7 years
Kidnapping (Class 2 felony)
- Least
- 3 years
- Most
- 7 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Embezzlement
A Class A misdemeanor (up to $500) up to a Class 1 felony (over $100,000 up to $500,000), and heavier above that
Theft of property not from the person and not exceeding $500 (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Less than 1 year
Theft of property exceeding $500 and not exceeding $10,000, or of property from the person (Class 3 felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Theft of property exceeding $10,000 and not exceeding $100,000 (Class 2 felony)
- Least
- 3 years
- Most
- 7 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Theft of property exceeding $100,000 and not exceeding $500,000 (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Illinois punishes embezzlement as theft, graded by value (720 ILCS 5/16-1(b)).
Forgery
A Class 3 felony: 2 to 5 years
Forgery (Class 3 felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Forgery of a single Universal Price Code label is a Class 4 felony. Forgery of an academic degree or a coin is a Class A misdemeanor.
Drunk driving, first offence
A Class A misdemeanor: less than 1 year
Driving under the influence, first offence (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Less than 1 year
A first violation with a blood alcohol of 0.16 or more carries a mandatory minimum of 100 hours of community service and a $500 fine. If a person under 16 was in the vehicle, the penalty is up to 6 months, a mandatory minimum fine of $1,000 and 25 days of community service.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania, Connecticut.
