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Illinois Compiled Statutes

720 ILCS 5/8-1 (2026)

Solicitation and solicitation of murder

✓ current as of May 2026
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(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.)

    
Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 1993–2026 · leading case: People v. Landwer, 655 N.E.2d 848 (Ill. 1995).
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People v. Landwer, 655 N.E.2d 848 (Ill. 1995). “(720 ILCS 5/8-1(a) (West 1992).) An actual agreement between the parties is not an element of that offense.”
People v. Salinas, 807 N.E.2d 1178 (Ill. App. Ct. 2004). “8-1 [now 720 ILCS 5/8-1 (West 2000)]). Defendant's offense was complete when the words at issue were spoken * * *.”
People v. Gold-Smith, 2019 IL App (3d) 160665 (Ill. App. Ct. 2020). “2(a) (West 2012)) and solicitation of murder (720 ILCS 5/8-1(b) (West 2012)). The indictment alleged that Gold-Smith solicited Brian McDaniel to kill Gold-Smith’s wife, Victoria Smith, in exchange for money.”
People v. Landwer, 626 N.E.2d 306 (Ill. App. Ct. 1993). “(See 720 ILCS 5/8-1, Committee Comments—1961, at 408 (Smith-Hurd 1993); People v.”
People v. Boyce, 2015 IL 117108 (Ill. 2015). “Specifically, defendant points to the penalty provision of the general solicitation statute (720 ILCS 5/8-1(b) (West 2008)), which cross-references subsection (c) of section 8-4 of the Criminal Code for purposes of sentencing (720 ILCS 5/8-4(c) (West 2008)).”
People v. Neal, 954 N.E.2d 358 (Ill. App. Ct. 2011). “See also 720 ILCS 5/8-1 (West 1998) (defining the specific offense of solicitation as commanding, encouraging, or requesting another to commit a particular offense with the intent that the offense be committed).”
People v. Boyce, 2015 IL 117108 (Ill. 2015). “Specifically, defendant points to the penalty provision of the general solicitation statute (720 ILCS 5/8-1(b) (West 2008)), which cross-references subsection (c) of section 8-4 of the Criminal Code for purposes of sentencing (720 ILCS 5/8-4(c) (West 2008)).”
People v. Luciano, 2023 IL App (2d) 220112 (Ill. App. Ct. 2023). · cites it 2× “38, ¶ 8-1(a) (now 720 ILCS 5/8-1(a) (West 2020))).) ¶2 In this case, the third appeal before this court, 1 the State’s choice to prosecute defendant as quickly as possible is at issue.”
People v. Burns, 2023 IL App (5th) 180241-U (Ill. App. Ct. 2023). “720 ILCS 5/8-1(c), 10-2(a)(1) (West 2018).”
People v. Shepherd, 2026 IL 131240 (Ill. 2026). · cites it 2× “” 720 ILCS 5/8-1(a) (West 2010). Similarly, solicitation of murder occurs when the solicited offense is first degree murder.”
People v. McMurtry, 2022 IL App (1st) 192241-U (Ill. App. Ct. 2022). “720 ILCS 5/8-1(c) (West 2010). Thus, the minimum sentence defendant could have received following a conviction for solicitation was 15 years, which is two years longer than the reduced 13-year sentence he received pursuant to his plea agreement for attempted murder.”
Redden v. United States (S.D. Ill. 2020). “In Strahan, however, the conviction was for Solicitation of an Unlawful Delivery of a Controlled Substance under 720 ILCS 5/8-1(a), which is an inchoate attempt crime (Doc.”
Show all 20 citing cases →
— 720 ILCS 5/8-1(a) — 6 cases
People v. Landwer, 655 N.E.2d 848 (Ill. 1995). “(720 ILCS 5/8-1(a) (West 1992).) An actual agreement between the parties is not an element of that offense.”
People v. Luciano, 2023 IL App (2d) 220112 (Ill. App. Ct. 2023). “38, ¶ 8-1(a) (now 720 ILCS 5/8-1(a) (West 2020))).) ¶2 In this case, the third appeal before this court, 1 the State’s choice to prosecute defendant as quickly as possible is at issue.”
Redden v. United States (S.D. Ill. 2020). “In Strahan, however, the conviction was for Solicitation of an Unlawful Delivery of a Controlled Substance under 720 ILCS 5/8-1(a), which is an inchoate attempt crime (Doc.”
People v. Burns, 2025 IL App (5th) 231229-U (Ill. App. Ct. 2025).
People v. Shepherd, 2026 IL 131240 (Ill. 2026). “” 720 ILCS 5/8-1(a) (West 2010). Similarly, solicitation of murder occurs when the solicited offense is first degree murder.”
— 720 ILCS 5/8-1(b) — 4 cases
People v. Gold-Smith, 2019 IL App (3d) 160665 (Ill. App. Ct. 2020). “2(a) (West 2012)) and solicitation of murder (720 ILCS 5/8-1(b) (West 2012)). The indictment alleged that Gold-Smith solicited Brian McDaniel to kill Gold-Smith’s wife, Victoria Smith, in exchange for money.”
People v. Boyce, 2015 IL 117108 (Ill. 2015). “Specifically, defendant points to the penalty provision of the general solicitation statute (720 ILCS 5/8-1(b) (West 2008)), which cross-references subsection (c) of section 8-4 of the Criminal Code for purposes of sentencing (720 ILCS 5/8-4(c) (West 2008)).”
People v. Boyce, 2015 IL 117108 (Ill. 2015). “Specifically, defendant points to the penalty provision of the general solicitation statute (720 ILCS 5/8-1(b) (West 2008)), which cross-references subsection (c) of section 8-4 of the Criminal Code for purposes of sentencing (720 ILCS 5/8-4(c) (West 2008)).”
People v. Peterson, 2024 IL App (5th) 220530-U (Ill. App. Ct. 2024).
— 720 ILCS 5/8-1(c) — 3 cases
People v. Burns, 2023 IL App (5th) 180241-U (Ill. App. Ct. 2023). “720 ILCS 5/8-1(c), 10-2(a)(1) (West 2018).”
People v. McMurtry, 2022 IL App (1st) 192241-U (Ill. App. Ct. 2022). “720 ILCS 5/8-1(c) (West 2010). Thus, the minimum sentence defendant could have received following a conviction for solicitation was 15 years, which is two years longer than the reduced 13-year sentence he received pursuant to his plea agreement for attempted murder.”
People v. Shepherd, 2026 IL 131240 (Ill. 2026). “” 720 ILCS 5/8-1(a) (West 2010). Similarly, solicitation of murder occurs when the solicited offense is first degree murder.”
— 720 ILCS 5/8-1(c)(1) — 1 case
People v. Colunga - Corrected, 2020 IL App (1st) 171874-U (Ill. App. Ct. 2020).
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