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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/8-2.1
(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.)
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720 ILCS 5/8-3
(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.)
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720 ILCS 5/8-4
(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
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(A) an attempt to commit first degree murder when
| | at least one of the aggravating factors specified in clauses (iii), (iv), and (v) of subsection (a)(1)(c) of Section 5-8-1 of the Unified Code of Corrections 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;
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(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;
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(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;
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(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
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(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;
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| (2) the sentence for attempt to commit a Class X
| | felony is the sentence for a Class 1 felony;
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(3) the sentence for attempt to commit a Class 1
| | felony is the sentence for a Class 2 felony;
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(4) the sentence for attempt to commit a Class 2
| | felony is the sentence for a Class 3 felony; and
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(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.
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(Source: P.A. 103-51, eff. 1-1-24.)
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720 ILCS 5/8-5
(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.)
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720 ILCS 5/8-6
(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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720 ILCS 5/Tit. III Pt. B
(720 ILCS 5/Tit. III Pt. B heading)
PART B.
OFFENSES DIRECTED AGAINST THE PERSON
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720 ILCS 5/Art. 9
(720 ILCS 5/Art. 9 heading)
ARTICLE 9.
HOMICIDE
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720 ILCS 5/9-1 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) Sec. 9-1. First degree murder. (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 or she 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
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| (2) he or she knows that such acts create a strong
| | probability of death or great bodily harm to that individual or another; or
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| (3) he or she, acting alone or with one or more
| | participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of or in furtherance of such crime or flight therefrom, he or she or another participant causes the death of a person.
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| (b) (Blank).
(b-5) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(h-5) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
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720 ILCS 5/9-1.2
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional homicide of an unborn child.
(a) A person
commits the offense of intentional homicide of an unborn child if, in
performing acts which cause the death of an unborn child, he without lawful
justification:
(1) either intended to cause the death of or do great | | bodily harm to the pregnant individual or unborn child or knew that such acts would cause death or great bodily harm to the pregnant individual or unborn child; or
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(2) knew that his acts created a strong probability
| | of death or great bodily harm to the pregnant individual or unborn child; and
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(3) knew that the individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the death of an
unborn child if those acts were committed during any abortion, as defined
in Section 1-10 of the Reproductive Health Act, to which the
pregnant individual has consented. This Section shall not apply to acts which
were committed pursuant to usual and customary standards of medical
practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child
shall be the same as for first degree murder, except that:
(1) (blank);
(2) if the person committed the offense while armed
| | with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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(3) if, during the commission of the offense, the
| | person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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(4) if, during the commission of the offense, the
| | person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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(e) The provisions of this Act shall not be construed to prohibit the
prosecution of any person under any other provision of law.
(Source: P.A. 103-51, eff. 1-1-24.)
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