Natural Life Sentences

There are several provisions that may lead the court to impose a sentence of Natural Life in prison. the main categories of natural life eligibility include being deemed a Habitual Criminal, and in certain cases the offense of Murder, or certain sex offenses.

The judge may sentence the defendant to natural life in prison for a First Degree Murder conviction if the trier of fact finds, beyond a reasonable doubt, that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, or that any of the factors that could have imposed the death penalty are present and the death penalty was not imposed.

The judge must sentence the defendant to natural life if any of the following occurred:

1. The defendant has previously been convicted of First Degree Murder under any state or federal law;
2. The defendant is has attained the age of 17 and is found guilty of murdering an individual under the age of 12;
3. The defendant is found guilty of murdering more than one victim;
4. The defendant is found guilty of murdering a peace officer, fireman, or emergency management worker during the course of their official duties, or to prevent them from doing their official duties, or in retaliation of their performing their official duties, and the defendant knew or should have know that they were a peace officer, fireman, or emergency worker;
5. The defendant killed an employee of in institution or facility of the Department of Corrections during the course of their official duties, or to prevent them from doing their official duties, or in retaliation of their performing their official duties;
6. The defendant is found guilty of murdering an emergency medical technician, ambulance driver, paramedic, or other medical assistance person or first aid person who is employed by a municipality or other governmental unit and the person is killed during the course of their official duties, or to prevent them from doing their official duties, or in retaliation of their performing their official duties, and the defendant knew or should have know that they were an emergency medical technician, ambulance driver, paramedic, or other medical assistance person or first aid person;
7. The defendant, at the time of the offense, has not attained the age of 17, and is found guilty of murdering a person under the age of 12 during the commission of an Aggravated Criminal Sexual Assault, Criminal Sexual Assault, or Aggravated Kidnapping;
8. The defendant is found is found guilty of murdering a person by reason of the person’s activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer.

In certain sex offenses the judge must sentence a defendant to natural life in prison. These offenses include:

1. Criminal Sexual Assault when the defendant commits an act of penetration by use of force or threat of force and has been previously convicted of the offense of Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault of a Child, or Criminal Sexual Assault by committing an act of penetration by use of force or threat of force, orCriminal Sexual Assault by committing an act of penetration and the accused knew the victim was unable understand the nature of the act or was unable to give knowing consent. the commission of the new or subsequent offense must have occurred after the initial conviction.
2. Criminal Sexual Assault when the defendant commits an act of penetration and the accused knew the victim was unable understand the nature of the act or was unable to give knowing consent when the defendant has been previously convicted of the offense of Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault of a Child, or Criminal Sexual Assault by committing an act of penetration by use of force or threat of force, orCriminal Sexual Assault by committing an act of penetration and the accused knew the victim was unable understand the nature of the act or was unable to give knowing consent. the commission of the new or subsequent offense must have occurred after the initial conviction.
3. Aggravated Criminal Sexual Assault when the defendant has been previously convicted of Criminal Sexual Assault, Aggravated Criminal Sexual Assault, or Predatory Criminal Sexual Assault of a Child. the commission of the new offense must have occurred after the initial conviction.
4. Predatory Criminal Sexual Assault of a Child when the assault is committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or several related or unrelated acts.
5. Predatory Criminal Sexual Assault of a Child when the defendant has been previously convicted of Criminal Sexual Assault, Aggravated Criminal Sexual Assault, or Predatory Criminal Sexual Assault of a Child. the commission of the new offense must have occurred after the initial conviction.

According to Illinois Statute 730 ILCS 5/5-4.5-95 if a person is convicted of a Class X offense after being previously convicted of any two offenses classified as a Class X offense, Criminal Sexual Assault, or First Degree Murder, then they will be deemed a Habitual Criminal and sentenced to Natural Life in prison. a requirement is that the second offense needs to be committed after conviction of the first, and the third offense was committed after conviction of the second. Further, the previous convictions need not have taken place in Illinois, they only need to have the same elements as the offenses listed above if they would have been charged in Illinois.