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Illinois Criminal Code of 1961

Article 8 - Illinois Conspiracy Law

In this Article 8 section of the Illinois Criminal Code, 720 ILCS 5/8-2, the elements and punishment for conspiracy are discussed. To commit conspiracy, a person must agree with another to the commission of an offense with intent to follow through. In order to be convicted, a conspirator must act in furtherance of that agreement.

In 720 ILCS 5/8-3, the government defines a possible line of defense for Illinois solicitation and conspiracy charges -- that those who are accused of solicitation in Illinois or charged with conspiracy in Illinois might be found innocent if the achievement of their plan would not have resulted in a crime.

Need an Illinois criminal defense attorney to help fight a conspiracy charge? Call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your conspiracy 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. 8-2. Conspiracy.
    (720 ILCS 5/8-2)

(a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and proved to have been committed by him or her or by a co-conspirator.

(b) Co-conspirators. It is not a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:

(1) have not been prosecuted or convicted,

(2) have been convicted of a different offense,

(3) are not amenable to justice,

(4) have been acquitted, or

(5) lacked the capacity to commit an offense.

(c) Sentence.

(1) Except as otherwise provided in this subsection or Code, a person convicted of conspiracy to commit:

(A) a Class X felony shall be sentenced for a class 1 felony;

(B) a Class 1 felony shall be sentenced for a class 2 felony;

(C) a Class 2 felony shall be sentenced for a class 3 felony;

(D) a Class 3 felony shall be sentenced for a class 4 felony;

(E) a Class 4 felony shall be sentenced for a class 4 felony; and

(F) a misdemeanor may be fined or imprisoned or both not to exceed the maximum provided for the offense that is the object of the conspiracy.

(2) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class X felony:

(A) aggravated insurance fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4); or

(B) aggravated governmental entity insurance fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4).

(3) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 1 felony:

(A) first degree murder (720 ILCS 5/9-1); or (B) aggravated insurance fraud (720 ILCS 5/46-3) or aggravated governmental insurance fraud (720 ILCS 5/46-3).

(4) A person convicted of conspiracy to commit insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 5/46-3) shall be sentenced for a Class 2 felony.

(5) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 3 felony:

(A) soliciting for a prostitute (720 ILCS 5/11-15);

(B) pandering (720 ILCS 5/11-16);

(C) keeping a place of prostitution (720 ILCS 5/11-17);

(D) pimping (720 ILCS 5/11-19);

(E) unlawful use of weapons under Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1));

(F) unlawful use of weapons under Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7));

(G) gambling (720 ILCS 5/28-1);

(H) keeping a gambling place (720 ILCS 5/28-3);

(I) registration of federal gambling stamps violation (720 ILCS 5/28-4);

(J) look-alike substances violation (720 ILCS 570/404);

(K) miscellaneous controlled substance violation under Section 406(b) (720 ILCS 570/406(b)); or

(L) an inchoate offense related to any of the principal offenses set forth in this item (5). (Source: P.A. 96-710, eff. 1-1-10.)

Sec. 8-2.1. Conspiracy against civil rights.
    (720 ILCS 5/8-2.1)

(a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co-conspirator has committed any act in furtherance of that agreement.

(b) Co-conspirators. It shall not be a defense to conspiracy against civil rights that a person or persons with whom the accused is alleged to have conspired:

(1) has not been prosecuted or convicted; or

(2) has been convicted of a different offense; or

(3) is not amenable to justice; or

(4) has been acquitted; or

(5) lacked the capacity to commit an offense.

(c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. (Source: P.A. 92-830, eff. 1-1-03.)

Sec. 8-3. Defense.
    (720 ILCS 5/8-3)

It is a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of an offense. (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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