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Article 8 - Charges and Penalties for Attempting a Crime in Illinois

Article 8 - Charges and Penalties for Attempting a Crime in Illinois

The last inchoate offense discussed in Article 8 of the Illinois criminal code is attempt.

Some might ask "If I attempt a crime and fail, can I still be charged with the crime?" The answer in Illinois is a definitive "Yes."

To be charged with attempt, a person must have intent to commit a specific offense, and make a substantial step toward the commission of that offense. If you have been convicted of attempt, the sentence can be at maximum the sentence for the offense attempted.

Accused of attempted crime in Illinois? We can help. Call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 8 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

(720 ILCS 5/Tit. III heading) TITLE III. SPECIFIC OFFENSES

(720 ILCS 5/Tit. III Pt. A heading) PART A. INCHOATE OFFENSES

Illinois Criminal Code of 1961 - Article 8

Sec. 8-4. Attempt.
    (720 ILCS 5/8-4)

(a) Elements of the offense.

A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense.

(b) Impossibility.

It is not a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.

(c) Sentence.

A person convicted of attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in Section 33A-2 of this Code:

(1) the sentence for attempt to commit first degree murder is the sentence for a Class X felony, except that

(A) an attempt to commit first degree murder when at least one of the aggravating factors specified in paragraphs (1), (2), and (12) of subsection (b) of Section 9-1 is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;

(B) an attempt to commit first degree murder while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;

(C) an attempt to commit first degree murder during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;

(D) an attempt to commit first degree murder during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; and

(E) if the defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony;

(2) the sentence for attempt to commit a Class X felony is the sentence for a Class 1 felony;

(3) the sentence for attempt to commit a Class 1 felony is the sentence for a Class 2 felony;

(4) the sentence for attempt to commit a Class 2 felony is the sentence for a Class 3 felony; and

(5) the sentence for attempt to commit any felony other than those specified in items (1), (2), (3), and (4) of this subsection (c) is the sentence for a Class A misdemeanor. (Source: P.A. 96-710, eff. 1-1-10.)

Sec. 8-5. Multiple convictions.
    (720 ILCS 5/8-5)

No person shall be convicted of both the inchoate and the principal offense. (Source: Laws 1961, p. 1983.)

Sec. 8-6. Offense.
    (720 ILCS 5/8-6)

For the purposes of this Article, "offense" shall include conduct which if performed in another State would be criminal by the laws of that State and which conduct if performed in this State would be an offense under the laws of this State. (Source: Laws 1961, p. 1983.)

   Return to Illinois Criminal Code of 1961 Table of Contents

DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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