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Illinois Compiled Statutes

720 ILCS 5/33G-5 (2026)

Penalties

✓ current as of May 2026
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(720 ILCS 5/33G-5)
    (Section scheduled to be repealed on July 1, 2027)
    Sec. 33G-5. Penalties. Under this Article, notwithstanding any other provision of law:
    (a) Any violation of subsection (a) of Section 33G-4 of this Article shall be sentenced as a Class X felony with a term of imprisonment of not less than 7 years and not more than 30 years, or the sentence applicable to the underlying predicate activity, whichever is higher, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended proceeds of the violation, if any, whichever is higher.
    (b) Any violation of subsection (b) of Section 33G-4 of this Article shall be sentenced as a Class X felony, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended proceeds of the violation, if any, whichever is higher.
    (c) Wherever the unlawful death of any person or persons results as a necessary or natural consequence of any violation of this Article, the sentence imposed on the defendant shall include an enhanced term of imprisonment of at least 25 years up to natural life, in addition to any other penalty imposed by the court, provided:
        (1) the death or deaths were reasonably foreseeable
    
to the defendant to be sentenced; and
        (2) the death or deaths occurred when the defendant
    
was otherwise engaged in the violation of this Article as a whole.
    (d) A sentence of probation, periodic imprisonment, conditional discharge, impact incarceration or county impact incarceration, court supervision, withheld adjudication, or any pretrial diversionary sentence or suspended sentence, is not authorized for a violation of this Article.
(Source: P.A. 104-10, eff. 6-16-25; 104-434, eff. 11-21-25.)

    
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: People v. Polk, 2024 IL App (1st) 181933 (Ill. App. Ct. 2024).
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People v. Polk, 2024 IL App (1st) 181933 (Ill. App. Ct. 2024). · cites it 5× “¶ 99 First, the court noted that section 33G-5 of the RICO statute (720 ILCS 5/33G-5 (West 2012)) required that a defendant be sentenced for racketeering conspiracy, according to the penalty associated with the conspiracy’s predicate activity, if that penalty is greater than 30…”
People v. Spears, 2024 IL App (1st) 181491 (Ill. App. Ct. 2024). · cites it 3× “There, the State argued that section 33G-5(a) of the RICO statute (720 ILCS 5/33G-5(a) (West 2012)) required that each defendant receive a mandatory life sentence because the jury found that defendants engaged in a pattern of predicate activity that included the murders of…”
— 720 ILCS 5/33G-5(a) — 2 cases
People v. Spears, 2024 IL App (1st) 181491 (Ill. App. Ct. 2024). “There, the State argued that section 33G-5(a) of the RICO statute (720 ILCS 5/33G-5(a) (West 2012)) required that each defendant receive a mandatory life sentence because the jury found that defendants engaged in a pattern of predicate activity that included the murders of…”
People v. Polk, 2024 IL App (1st) 181933 (Ill. App. Ct. 2024). “¶ 99 First, the court noted that section 33G-5 of the RICO statute (720 ILCS 5/33G-5 (West 2012)) required that a defendant be sentenced for racketeering conspiracy, according to the penalty associated with the conspiracy’s predicate activity, if that penalty is greater than 30…”
— 720 ILCS 5/33G-5(c) — 1 case
People v. Spears, 2024 IL App (1st) 181491 (Ill. App. Ct. 2024). “There, the State argued that section 33G-5(a) of the RICO statute (720 ILCS 5/33G-5(a) (West 2012)) required that each defendant receive a mandatory life sentence because the jury found that defendants engaged in a pattern of predicate activity that included the murders of…”
— 720 ILCS 5/33G-5(c)(1) — 2 cases
People v. Polk, 2024 IL App (1st) 181933 (Ill. App. Ct. 2024). “¶ 99 First, the court noted that section 33G-5 of the RICO statute (720 ILCS 5/33G-5 (West 2012)) required that a defendant be sentenced for racketeering conspiracy, according to the penalty associated with the conspiracy’s predicate activity, if that penalty is greater than 30…”
People v. Spears, 2024 IL App (1st) 181491 (Ill. App. Ct. 2024). “There, the State argued that section 33G-5(a) of the RICO statute (720 ILCS 5/33G-5(a) (West 2012)) required that each defendant receive a mandatory life sentence because the jury found that defendants engaged in a pattern of predicate activity that included the murders of…”
— 720 ILCS 5/33G-5(c)(2) — 1 case
People v. Polk, 2024 IL App (1st) 181933 (Ill. App. Ct. 2024). “¶ 99 First, the court noted that section 33G-5 of the RICO statute (720 ILCS 5/33G-5 (West 2012)) required that a defendant be sentenced for racketeering conspiracy, according to the penalty associated with the conspiracy’s predicate activity, if that penalty is greater than 30…”
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