Statutes > Illinois Statutes > CHAPTER 720 CRIMINAL OFFENSES > 720 ILCS 5/ Criminal Code of 1961. > Title III - Specific Offenses

Title III - Specific Offenses


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


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


      (720 ILCS 5/Art. 8 heading)
ARTICLE 8. SOLICITATION, CONSPIRACY AND ATTEMPT

    (720 ILCS 5/8‑1)(from Ch. 38, par. 8‑1)
    Sec. 8‑1. Solicitation and solicitation of murder.
    (a) Solicitation. A person commits the offense of solicitation when, with intent that an offense be committed, other than first degree murder, he or she commands, encourages, or requests another to commit that offense.
    (b) Solicitation of murder. A person commits the offense of solicitation of murder when he or she commits solicitation with the intent that the offense of first degree murder be committed.
    (c) Sentence. A person convicted of solicitation may be fined or imprisoned or both not to exceed the maximum provided for the offense solicited, except that the penalty shall not exceed the corresponding maximum limit provided by subparagraph (c) of Section 8‑4 of this Code. Solicitation of murder is a Class X felony, and a person convicted of solicitation of murder shall be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years, except that a person convicted of solicitation of murder when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 20 years and not more than 60 years.
(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (720 ILCS 5/8‑1.1)
    Sec. 8‑1.1. (Repealed).
(Source: P.A. 89‑689, eff. 12‑31‑96. Repealed by P.A. 96‑710, eff. 1‑1‑10.)

    (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 the offense of solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he or she procures another to commit that offense pursuant to any contract, agreement, understanding, command, or request for money or anything of value.
    (b) Sentence. 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, except that a person convicted of solicitation of murder for hire when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 25 years and not more than 60 years.
(Source: P.A. 96‑710, eff. 1‑1‑10.)

    (720 ILCS 5/8‑2)(from Ch. 38, par. 8‑2)
    Sec. 8‑2. Conspiracy.
    (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.)

    (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 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.)

    (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.)


      (720 ILCS 5/Tit. III Pt. B heading)
PART B. OFFENSES DIRECTED AGAINST THE PERSON


      (720 ILCS 5/Art. 9 heading)
ARTICLE 9. HOMICIDE

    (720 ILCS 5/9‑1)(from Ch. 38, par. 9‑1)
    Sec. 9‑1. First degree Murder ‑ Death penalties ‑ Exceptions ‑ Separate Hearings ‑ Proof ‑ Findings ‑ Appellate procedures ‑ Reversals.
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
        (1) he either intends to kill or do great bodily harm
     to that individual or another, or knows that such acts will cause death to that individual or another; or
        (2) he knows that such acts create a strong
     probability of death or great bodily harm to that individual or another; or
        (3) he is attempting or committing a forcible felony
     other than second degree murder.
    (b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if:
        (1) the murdered individual was a peace officer or
     fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or
        (2) the murdered individual was an employee of an
     institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or
        (3) the defendant has been convicted of murdering two
     or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or
        (4) the murdered individual was killed as a result of
     the hijacking of an airplane, train, ship, bus or other public conveyance; or
        (5) the defendant committed the murder pursuant to a
     contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or
        (6) the murdered individual was killed in the course
     of another felony if:
            (a) the murdered individual:
                (i) was actually killed by the defendant, or
                (ii) received physical injuries personally
             inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5‑2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and
            (b) in performing the acts which caused the death
         of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and
            (c) the other felony was an inherently violent
         crime or the attempt to commit an inherently violent crime. In this subparagraph (c), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; or
        (7) the murdered individual was under 12 years of age
     and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or
        (8) the defendant committed the murder with intent to
     prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this paragraph (8), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; or
        (9) the defendant, while committing an offense
     punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or
        (10) the defendant was incarcerated in an institution
     or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or
        (11) the murder was committed in a cold, calculated
     and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or
        (12) the murdered individual was an emergency medical
     technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel; or
        (13) the defendant was a principal administrator,
     organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or
        (14) the murder was intentional and involved the
     infliction of torture. For the purpose of this Section torture means the infliction of or subj