Matthew R. Leisten, Ogle County State’s Attorney’s Office, Oregon
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Supreme Court Holds Attempted Murder Charges Require Proving Intent To Kill Without Lawful Justification Rather Than Just Proving Intent To Kill
In People v. Guy, 2025 IL 129967, the Illinois Supreme Court held that the state must prove that a defendant had the intent to kill without lawful justification in an attempted murder charge rather than just proving the intent to kill.
In Guy, the defendant’s family was in a feud with a rival family. 2025 IL 129967 at ¶9. The defendant testified that the victim appeared angry and held a gun in his hand. The defendant thought he would be shot when the victim pulled out his gun, so the defendant put his head down and fired shots. The defendant’s gunshots killed the victim and injured a female victim. 2025 IL 129967 at ¶¶9, 11.
The defendant was charged with first-degree murder for killing the male victim and was also charged with attempted first-degree murder for shooting the female victim. 2025 IL 129967 at ¶5. The jury was also given a second-degree murder instruction. 2025 IL 129967 at ¶14.
The jury found the defendant guilty of second-degree murder and attempted first-degree murder. The jury also found that the defendant had an unreasonable belief that circumstances existed that would have justified the deadly force he used in killing the male victim. The jury found that the defendant acted with the intent to kill the female victim on the attempted murder charge, but he was not justified in the force that he used. 2025 IL 129967 at ¶16.
The Supreme Court considered the issue of whether the state must prove only the intent to kill in an attempted murder charge or if it can prove the intent to kill without lawful justification. 2025 IL 129967 at ¶29. The Supreme Court noted that the attempt statute, 720 ILCS 5/8-4, requires the specific intent to commit an offense. Specific intent crimes require the state to prove that the defendant subjectively desired the prohibited result. 2025 IL 129967 at ¶¶33 – 34.
After discussing previous precedent on first-degree murder, second-degree murder, and attempted murder, the Supreme Court reiterated that the only intent required for attempted first-degree murder is the intent to kill without lawful justification. This intent is judged from a subjective standpoint — namely, the defendant’s perspective. Therefore, the Supreme Court held that a defendant who subjectively believes that he or she needs self-defense cannot be convicted of attempted first-degree murder because the defendant would not have the specific intent to commit first-degree murder. 2025 IL 129967 at ¶¶46 – 47.
Although the first-degree murder statute includes the phrase “without lawful justification,” that phrase is only descriptive of the killing and not the defendant’s mental state. So, if a judge or jury does not find that the killing was without lawful justification, then the defendant cannot be convicted of first-degree murder. In summary, a defendant who believes that he or she is acting in self-defense intends to kill with lawful justification and does not have the intent to commit first-degree murder. 2025 IL 129967 at ¶47.
The Supreme Court also held that in order to prove attempt, the state must prove beyond a reasonable doubt that the defendant acted with the intent to commit the underlying offense and did not merely intend the result of the underlying offense. Since first-degree murder can only be committed if the killing was done without lawful justification, then attempted first-degree murder requires the defendant to have the intent to kill without lawful justification. 2025 IL 129967 at ¶53.
For more information about criminal law, see CRIMINAL RECORDS: EXPUNGEMENT AND OTHER RELIEF (IICLE®, 2024). Online Library subscribers can view it for free by clicking here. If you don’t currently subscribe to the Online Library, visit www.iicle.com/subscriptions.