What Is Reckless Homicide in Illinois?

 Posted on February 28, 2026 in Violent Crimes

Reckless homicide is one of the most serious criminal charges that can come out of a car accident. It doesn't require intent. You don't have to have meant to hurt anyone. However, if someone dies because of the way you were driving, Illinois law can treat that as a felony.

If you or someone you love is facing a charge of reckless homicide in 2026, our Waukegan, IL reckless homicide lawyer can help you understand what you're up against and what options are available.

How Does Illinois Law Define Reckless Homicide?

Under 720 ILCS 5/9-3, reckless homicide occurs when a person unintentionally kills someone while driving a motor vehicle in a way that is likely to cause death or great bodily harm. The key term is unintentional. Unlike murder, the state doesn't have to prove you meant to kill anyone.

What the state does have to prove is that you acted recklessly.

Under 720 ILCS 5/4-6, recklessness means you consciously ignored a serious and unjustifiable risk. In other words, you knew or should have known that what you were doing could seriously hurt or kill someone, and you did it anyway. That standard is what separates reckless homicide from an ordinary accident.

What Is the Difference Between Reckless Homicide and Involuntary Manslaughter in Illinois?

Both charges involve an unintentional death caused by reckless behavior, and both fall under 720 ILCS 5/9-3. The difference comes down to how the death happened.

If someone is killed because of reckless conduct that didn't involve a vehicle, that's involuntary manslaughter. If the death resulted from the reckless operation of a motor vehicle, the charge is reckless homicide. The two offenses carry the same base penalties, but reckless homicide has specific factors that can make the sentence much longer.

What Are the Penalties for Reckless Homicide in Illinois?

In its base form, reckless homicide is a Class 3 felony in Illinois, carrying a sentence of two to five years in prison. The penalties can go up significantly depending on the circumstances. Under 720 ILCS 5/9-3(e-8), reckless homicide becomes a Class 2 felony with a sentence of up to 28 years in situations such as:

• Causing the deaths of two or more people in a single incident
• Driving through a construction or maintenance zone at the time of the crash
• Refusing to follow lawful orders from a police officer or traffic control aide

Other factors that can increase the charge include driving under the influence, speeding in a school zone when children are present, and leaving the scene of the crash. As of 2026, these penalty increases are fully in place under Illinois law.

What Does the State Have To Prove in a Reckless Homicide Case?

To convict someone of reckless homicide, the state has to prove beyond a reasonable doubt that a death occurred, that the defendant's actions caused that death, and that the defendant was acting recklessly at the time by consciously ignoring a serious risk to others.

That last part is often where the defense focuses its attention. Reckless driving is not the same as careless or distracted driving. There is a real legal difference between a split-second mistake and behavior that shows a conscious disregard for human life. That distinction matters, and a strong defense will make sure the jury understands it.

What Defenses Are Available in a Reckless Homicide Case?

Every case is different, but several defenses can apply depending on the facts. Common ones include:

• Lack of recklessness: Arguing that what happened was a genuine accident and not the result of conscious disregard for risk can be a powerful defense when the evidence supports it.
• Causation: The state has to show that your driving directly caused the death. If another factor contributed to the crash, like a medical emergency, a defective vehicle, or another driver's actions, that can be challenged.
• Constitutional violations: If police gathered evidence improperly or violated your rights during the investigation, that evidence may be suppressed.
• Witness and evidence challenges: Eyewitness accounts and accident reconstruction reports can contain errors. Challenging the reliability of the state's evidence is a legitimate and often effective strategy.

Schedule a Free Consultation With Our Lake County, IL Reckless Homicide Defense Attorney

Being charged is not the same as being convicted. At Komie and Associates, we are ready to build the strongest possible defense for you. With a track record that includes representing high-profile clients in complex and challenging cases, our firm brings the kind of experience that matters when the stakes are this high. Call 312-263-2800 to schedule a free consultation with our Waukegan, IL reckless homicide lawyer today.