Three Strikes and Habitual Offender Laws in Illinois
How Illinois law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: Illinois has two repeat-offender laws. Habitual criminal ('three strikes'): a person twice convicted of an offense that is now a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, who is then convicted of a Class X felony, criminal sexual assault or… 730 ILCS 5/5-4.5-95(a), (b); 730 ILCS 5/5-4.5-25
| Three strikes and habitual offender laws | Illinois has two repeat-offender laws. Habitual criminal ('three strikes'): a person twice convicted of an offense that is now a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, who is then convicted of a Class X felony, criminal sexual assault or first degree murder, must be sentenced to natural life imprisonment; the third offense must be committed within 20 years of the first conviction (not counting time in custody), each offense must follow the conviction for the one before, and the first offense must have been committed at age 21 or older. Separately, a person over 21 convicted of a Class 1 or Class 2 forcible felony after two prior convictions for Class 2 or greater forcible felonies (first committed after February 1, 1978, each after conviction on the one before, first at age 21 or older) must be sentenced as a Class X offender (6 to 30 years). Section source note: P.A. 100-3, 100-759, 101-652 (eff. 7-1-21); no pending amendment shown. |
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FAQ
Does Illinois have a three strikes law?
Illinois has two repeat-offender laws. Habitual criminal ('three strikes'): a person twice convicted of an offense that is now a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, who is then convicted of a Class X felony, criminal sexual assault or first degree murder, must be sentenced to natural life imprisonment; the third offense must be committed within 20 years of the first conviction (not counting time in custody), each offense must follow the conviction for the one before, and the first offense must have been committed at age 21 or older. Separately, a person over 21 convicted of a Class 1 or Class 2 forcible felony after two prior convictions for Class 2 or greater forcible felonies (first committed after February 1, 1978, each after conviction on the one before, first at age 21 or older) must be sentenced as a Class X offender (6 to 30 years).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.