Illinois § 4-8 Ignorance or mistake

Illinois Statutes

§ 4-8 — Ignorance or mistake

Illinois § 4-8

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 720CRIMINAL OFFENSES

Act 720 ILCS 5/Criminal Code of 2012.

Art.Title II - Principles Of Criminal Liability

This text of Illinois § 4-8 (Ignorance or mistake) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

720 Ill. Comp. Stat. 4-8 (2026).

Text

(a)A person's ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense.

(b)A person's reasonable belief that his conduct does not constitute an offense is a defense if:

(1)the offense is defined by an administrative regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or (2) he acts in reliance upon a statute which later is determined to be invalid; or (3) he acts in reliance upon an order or opinion of an Illinois Appellate or Supreme

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(a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in Section 4-3(c) above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense. (b) A person's reasonable belief that his conduct does not constitute an offense is a defense if: (1) the offense is defined by an administrative regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or (2) he acts in reliance upon a statute which later is determined to be invalid; or (3) he acts in reliance upon an order or opinion of an Illinois Appellate or Supreme Court, or a United States appellate court later overruled or reversed; or (4) he acts in reliance upon an official interpretation of the statute, regulation or order defining the offense, made by a public officer or agency legally authorized to interpret such statute. (c) Although a person's ignorance or mistake of fact or law, or reasonable belief, described in this Section 4-8 is a defense to the offense charged, he may be convicted of an included offense of which he would be guilty if the fact or law were as he believed it to be. (d) A defense based upon this Section 4-8 is an affirmative defense.