Statutory Aggravating Factors Qualifying Illinois Murder Defendants For The Death Sentence
- Murder of Police Officer or Firefighter
The victim was a police officer or firefighter and was killed in the course of duty, to prevent the performance of duty, or in retaliation for performing his or her duty. Effective 1977.
- Murder of Corrections Employee
The victim was employed by an institution or facility of the state Department of Corrections, or any similar local correctional agency, and was killed in the course of duty. Or the victim was an inmate at such an institution or facility. Effective 1977.
- Multiple Murder
The defendant, in connection with the deaths of two or more people, was convicted of first degree murder under Illinois law, another state's law or federal law, regardless of whether the deaths were the result of the same or several acts. Effective 1977.
- Murder in the Course of a Hijacking
The murdered individual was killed as a result of a hijacking of an airplane, train, ship, bus or other public conveyance. Effective 1977.
- Contract Murder
The defendant committed a murder pursuant to a contract, agreement or understanding by which he or she was to receive money or anything of value in return for committing the murder, or the defendant procured another to commit the murder for money or anything of value. Effective 1977.
- Felony Murder
The defendant murdered the victim in the course of one or more enumerated felony offenses. The defendant must have actually killed or injured the victim, and the defendant must have "acted with the intent to kill or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another." The felonies include armed robbery, armed violence, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated vehicular hijacking, forcible detention, arson, aggravated arson, aggravated stalking, burglary, residential burglary, home invasion, calculated criminal drug conspiracy and street gang criminal drug conspiracy. Effective 1977.
- Murder of Witness
The defendant murdered the victim to prevent him or her from testifying in a criminal prosecution or giving material assistance to the state. Or the defendant murdered the victim because he or she was a witness in a prosecution or gave material assistance to the state. Effective 1977.
- Murder of Child
The victim was under 12 years of age and the death resulted from "exceptionally brutal or heinous behavior indicative of wanton cruelty." Effective 1982.
- Premeditated Murder
The murder was committed in a "cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design." Effective 1989.
- Drug Conspiracy Murder
The defendant, while committing one of several drug offenses, or while engaged in a conspiracy or solicitation to commit such offense, murdered the victim or commanded the murder. Effective 1990.
- Murder or Solicitation by Prisoner
The defendant, while incarcerated, and while committing a felony or while engaged in a conspiracy or solicitation to commit such an offense, intentionally killed the victim or commanded the murder. Effective 1992.
- Murder of Medical Technician, Etc.
The victim was an emergency medical technician, paramedic, ambulance driver, or another medical assistance official, employed by a municipality or other governmental unit and was killed in the course of duty. Effective 1993.
- Murder by Drug Kingpin
The defendant was a drug kingpin the head of a criminal drug conspiracy and caused or commanded the victim's murder. Effective 1994.
- Torture Murder
The murder was intentional and involved the use of torture. Effective 1994.
- Drive-by Murder
The defendant shot the victim from a motor vehicle. Effective 1995.
- Murder of Senior Citizen
The victim was 60 years of age or older and the death resulted from "exceptionally brutal or heinous behavior indicative of wanton cruelty." Effective 1998.
- Murder of Disabled Person
The victim was physically or mentally disabled and the defendant knew or should have known that. Effective 1998.
- Murder of Community Policing Volunteer
The victim was a community policing volunteer and the defendant murdered the victim to prevent him or her from engaging in that activity. Effective 1999.
- Murder in Violation of Order of Protection
The victim had an order of protection pending against the defendant. Effective 1999.
- Murder of School Employee
The victim was a teacher or other person employed in any school and the victim was on school grounds or nearby. Effective 2001.
