ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/8-2 (2026)

Conspiracy

✓ current as of May 2026
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(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
    (Text of Section from P.A. 103-822)
    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
Notes of Decisions
Cited in 42 cases (12 in the last 5 years), 1997–2026 · leading case: People v. Kliner, 705 N.E.2d 850 (Ill. 1998).
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People v. Kliner, 705 N.E.2d 850 (Ill. 1998). “The bill of particulars provided that the date of the conspiracy was on or about February 18, 1988.”
Awkerman v. Illinois State Police, 2023 IL App (2d) 220434 (Ill. App. Ct. 2023). · cites it 2× “(West 2022)), on the basis of his conviction of conspiracy to commit cannabis trafficking (720 ILCS 5/8-2 (West 2012); 720 ILCS 550/5.”
People v. Shortridge, 2012 IL App (4th) 100663 (Ill. App. Ct. 2012). “6)), for delivering cocaine to various individuals with Devon Thomas (the most serious count involved more than 900 grams); three counts of unlawful possession of a controlled substance with intent to deliver, a Class X felony (720 ILCS 570/401(a)(2)(A), (a)(2)(B), (a)(2)(C)…”
Harold Shasteen, James Shasteen & Dan Shasteen v. Howard W. Saver, Dir. of S. Illinois Cmty. Corr. Ctr., 252 F.3d 929 (7th Cir. 2001). “After a jury trial before the Circuit Court of Williamson County, Dan, James, and Harold 1 were convicted of: (1) conspiracy to commit securities fraud in violation of 720 ILCS 5/8-2(a) and (2) securities fraud in violation of 815 ILCS 5/12(G).”
People v. Gliniewicz, 2018 IL App (2d) 170490 (Ill. App. Ct. 2018). “On March 9, 2016, the grand jury returned an indictment charging defendant with four additional counts: one count of disbursing charitable funds without authority and for personal benefit ( 225 ILCS 460/19 (West 2016) ), one count of conspiracy (disbursing charitable funds…”
People v. Garcia, 688 N.E.2d 57 (Ill. 1997). “In addition, the State proceeded against Garcia on one count of conspiracy (720 ILCS 5/8-2 (West 1992)) to commit aggravated criminal sexual assault (count 41); one count of criminal sexual assault (720 ILCS 5/12-13(a)(1) (West 1992)) based on Garcia's penetration of S.”
People v. Caraga, 2018 IL App (1st) 170123 (Ill. App. Ct. 2018). “720 ILCS 5/8-2 (West 2012); Kliner, 185 Ill.”
People v. Reichert, 2023 IL App (5th) 180537 (Ill. App. Ct. 2023). · cites it 2× “720 ILCS 5/8-2 (West 2016). Where independent evidence establishes a prima facie showing of the conspiracy, a co-conspirator’s acts and declarations in furtherance of the conspiracy 26 can be used as substantive evidence.”
People v. Tolbert, 753 N.E.2d 1193 (Ill. App. Ct. 2001). “More specifically, it alleged that defendant had agreed with Sanford that a murder should be committed and then furnished Sanford transportation to the scene of the murder in violation of section 8-2(a) of the Code (720 ILCS 5/8-2(a) (West 1994)). We note parenthetically that…”
People v. Sparks, 734 N.E.2d 216 (Ill. App. Ct. 2000). “1(a) (West 1998)), unlawful possession with intent to deliver cannabis (720 ILCS 550/5(g) (West 1998)), conspiracy to commit cannabis trafficking (720 ILCS 5/8-2 (West 1998)), and unlawful possession of more than 100 but less than 400 grams of a controlled substance (720 ILCS…”
People v. Barnes, 2017 IL App (1st) 142886 (Ill. App. Ct. 2017). “"); 720 ILCS 5/8-2(a) (West 2010) ("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.”
People v. Gliniewicz, 2020 IL App (2d) 190412 (Ill. App. Ct. 2020). · cites it 2× “On March 9, 2016, the grand jury returned an indictment adding four additional counts: one alleged disbursing charitable funds without authority and for personal benefit (225 ILCS 460/19 (West 2016)), one alleged conspiracy (disbursing charitable funds without authority and for…”
Show all 42 citing cases →
— 720 ILCS 5/8-2(a) — 21 cases
Harold Shasteen, James Shasteen & Dan Shasteen v. Howard W. Saver, Dir. of S. Illinois Cmty. Corr. Ctr., 252 F.3d 929 (7th Cir. 2001). “After a jury trial before the Circuit Court of Williamson County, Dan, James, and Harold 1 were convicted of: (1) conspiracy to commit securities fraud in violation of 720 ILCS 5/8-2(a) and (2) securities fraud in violation of 815 ILCS 5/12(G).”
People v. Gliniewicz, 2018 IL App (2d) 170490 (Ill. App. Ct. 2018). “On March 9, 2016, the grand jury returned an indictment charging defendant with four additional counts: one count of disbursing charitable funds without authority and for personal benefit ( 225 ILCS 460/19 (West 2016) ), one count of conspiracy (disbursing charitable funds…”
People v. Tolbert, 753 N.E.2d 1193 (Ill. App. Ct. 2001). “More specifically, it alleged that defendant had agreed with Sanford that a murder should be committed and then furnished Sanford transportation to the scene of the murder in violation of section 8-2(a) of the Code (720 ILCS 5/8-2(a) (West 1994)). We note parenthetically that…”
People v. Barnes, 2017 IL App (1st) 142886 (Ill. App. Ct. 2017). “"); 720 ILCS 5/8-2(a) (West 2010) ("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.”
People v. Gliniewicz, 2020 IL App (2d) 190412 (Ill. App. Ct. 2020). “On March 9, 2016, the grand jury returned an indictment adding four additional counts: one alleged disbursing charitable funds without authority and for personal benefit (225 ILCS 460/19 (West 2016)), one alleged conspiracy (disbursing charitable funds without authority and for…”
— 720 ILCS 5/8-2(c)(1)(c) — 1 case
People v. Etherly (Ill. App. Ct. 2026).
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