(720 ILCS 5/8‑1)(from Ch. 38, par. 8‑1) Sec. 8‑1. Solicitation. (a) Elements of the offense.
A person commits solicitation when, with intent that an offense be
committed, other than first degree murder, he commands, encourages or
requests another to commit that offense. (b) Penalty. A person convicted of solicitation may be fined or imprisoned or both
not to exceed the maximum provided for the offense solicited: Provided,
however, the penalty shall not exceed the corresponding maximum limit
provided by subparagraph (c) of Section 8‑4 of this Act, as heretofore and
hereafter amended. (Source: P.A. 85‑1030.)
(720 ILCS 5/8‑1.1)(from Ch. 38, par. 8‑1.1) Sec. 8‑1.1. Solicitation of Murder. (a) A person commits solicitation
of murder when, with the intent that the offense of first degree murder be
committed, he commands, encourages or requests another to commit that offense. (b) Penalty. Solicitation of murder is a Class X felony and a person
convicted of solicitation of murder shall be sentenced to a term of
imprisonment for a period of not less than 15 years and not more than 30
years, except that in cases where the person solicited was a person under the
age of 17 years, the person convicted of solicitation of murder shall be
sentenced to a term of imprisonment for a period of not less than 20 years and
not more than 60 years. (Source: P.A. 89‑688, eff. 6‑1‑97; 89‑689, eff. 12‑31‑96.)
(720 ILCS 5/8‑1.2)(from Ch. 38, par. 8‑1.2) Sec. 8‑1.2. Solicitation of Murder for Hire. (a) A person commits
solicitation of murder for hire when, with the intent that the offense of
first degree murder be committed, he procures another to commit that
offense pursuant to any contract, agreement, understanding, command or
request for money or anything of value. (b) Penalty. Solicitation of murder for hire is a Class X felony and a
person convicted of solicitation of murder for hire
shall be sentenced to a term of imprisonment of not less than 20 years and
not more than 40 years. (Source: P.A. 85‑1003; 85‑1030; 85‑1440.)
(720 ILCS 5/8‑2)(from Ch. 38, par. 8‑2) Sec. 8‑2. Conspiracy. (a) Elements of the offense.
A person commits conspiracy when, with intent that an offense be
committed, he 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 such agreement is alleged and proved to have been committed
by him or by a co‑conspirator. (b) Co‑conspirators. It shall not be a defense to conspiracy that the 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. A person convicted of conspiracy may be fined or imprisoned or both not
to exceed the maximum provided for the offense which is the object of the
conspiracy, except that if the object is an offense prohibited by Sections
11‑15, 11‑16, 11‑17, 11‑19, 24‑1(a)(1), 24‑1(a)(7), 28‑1, 28‑3 and 28‑4
of the "Criminal Code of 1961", approved July 28, 1961, as amended, or
prohibited by Sections 404 or 406 (b) of the "Illinois
Controlled Substances Act", enacted by the 77th General Assembly, or an
inchoate offense related to any of the aforesaid principal offenses, the
person convicted may be sentenced for a Class 3 felony however, conspiracy
to commit treason, first degree murder, aggravated kidnapping, aggravated criminal sexual assault, or predatory criminal sexual assault of a child is a Class 1 felony, and conspiracy to commit any offense other
than those specified in this subsection, and other than those set forth
in Sections 401, 402, or 407 of the Illinois Controlled Substances Act,
shall not be sentenced in excess of
a Class 4 felony. (Source: P.A. 94‑184, eff. 7‑12‑05.)
(720 ILCS 5/8‑2.1) Sec. 8‑2.1. Conspiracy against civil rights. (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.)
(720 ILCS 5/8‑3)(from Ch. 38, par. 8‑3) Sec. 8‑3. Defense. 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.)
(720 ILCS 5/8‑4)(from Ch. 38, par. 8‑4) Sec. 8‑4. Attempt. (a) Elements of the Offense. A person commits an attempt when, with intent to commit a specific
offense, he does any act which constitutes a substantial step toward the
commission of that offense. (b) Impossibility. It shall not be 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 an 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
Act, (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.
(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 subsections (1), (2), (3) and (4) hereof is the sentence for a Class A misdemeanor.
(720 ILCS 5/8‑5)(from Ch. 38, par. 8‑5) Sec. 8‑5. Multiple
convictions. No person shall be convicted of both the inchoate and the principal
offense. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/8‑6)(from Ch. 38, par. 8‑6) Sec. 8‑6. Offense. 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.)
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