ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/8-4 (2026)

Attempt

✓ current as of May 2026
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(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 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;
            (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. 103-51, eff. 1-1-24.)

    
Notes of Decisions
Cited in 965 cases (402 in the last 5 years), 1993–2026 · leading case: People v. Moss, 795 N.E.2d 208 (Ill. 2003).
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People v. Moss, 795 N.E.2d 208 (Ill. 2003). · cites it 23× “In the case at bar, defendants were charged with various offenses whose penalties were amended by Public Act 91-404, including attempted first degree murder (720 ILCS 5/8-4, 9-1 (West 2000)), armed robbery (720 ILCS 5/18-2 (West 2000)), aggravated vehicular hijacking (720 ILCS…”
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). · cites it 8× “On September 14, 2001, defendant was indicted for attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2000)); armed robbery (720 ILCS 5/18-2(a)(4) (West 2000)); home invasion (720 ILCS 5/12-11(a)(3) (West 2000)); home invasion (720 ILCS 5/12-11(a)(5) (West 2000));…”
People v. Harris, 2018 IL 121932 (Ill. 2018). · cites it 3× “*834 ¶ 1 The defendant, Darien Harris, was convicted of first degree murder ( 720 ILCS 5/9-1(a)(1) (West 2010) ), attempted first degree murder ( 720 ILCS 5/8-4(a), 9-1 (West 2010) ), and aggravated battery with a firearm ( 720 ILCS 5/12-4.”
People v. Taylor, 2023 IL 128316 (Ill. 2023). · cites it 4× “]” 720 ILCS 5/8-4 (West 2016)). -7- ¶ 20 Defendant’s sentence falls under subsection (A) because the aggravating factor specified in section 9-1(b)(1) of the Code (id.”
People v. Witherspoon, 883 N.E.2d 725 (Ill. App. Ct. 2008). · cites it 7× “" Counts V and VI charge defendant with attempt (aggravated criminal sexual assault), a Class 1 felony (720 ILCS 5/8-4 (a), (c)(2), 12-14(a)(2) (West 2004)).”
People v. Jackson, 2018 IL App (1st) 150487 (Ill. App. Ct. 2018). · cites it 6× “To determine whether the firearm enhancements apply, we must interpret section 8-4(c) of the Criminal Code of 1961 ( 720 ILCS 5/8-4(c) (West 2010) ). We perform that task de novo .”
People v. Hunter, 2017 IL 121306 (Ill. 2017). · cites it 2× “See 705 ILCS 405/5-120 (West 2012). Following a jury trial in the circuit court of Cook County, Wilson was found guilty of both offenses.”
People v. Phagan, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019). · cites it 8× “¶ 92 As we have alluded to, the bulk of the relevant cases provide little help because they were not confronted with the applicable text. The statute’s 2010 amendments changed the period at the end of subsection (D) into a semicolon and added everything from “and” to the end of…”
People v. Mimes, 953 N.E.2d 55 (Ill. App. Ct. 2011). · cites it 6× “¶ 28 Attempted first degree murder is a Class X felony (720 ILCS 5/8-4(c)(1) (West 2004)) and is usually subject to a sentencing range of 6 to 30 years' imprisonment (720 ILCS 5/8-4(c)(2) (West 2004); 730 ILCS 5/5-8-1(a)(3) (West 2004)).”
People v. Bell, 2020 IL App (4th) 170804 (Ill. App. Ct. 2020). · cites it 5× “Information ¶4 In March 2016, the State charged defendant by information with attempted escape from a penal institution (720 ILCS 5/8-4(a), 31-6(a) (West 2012)). The State alleged, on or about December 22, 2013, “defendant, with the intent to commit the offense of [e]scape, ***…”
People v. Harris, 2018 IL 121932 (Ill. 2019). · cites it 3× “OPINION ¶1 The defendant, Darien Harris, was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 2010)), attempted first degree murder (720 ILCS 5/8-4(a), 9-1 (West 2010)), and aggravated battery with a firearm (720 ILCS 5/12-4.”
People v. Harris, 2016 IL App (1st) 141744 (Ill. App. Ct. 2016). · cites it 2× “720 ILCS 5/8-4(a), 9-1 (West 2008). Harris argues that Woulard was an “unintended” victim because Rondell was the actual target, and thus there was no evidence that Harris had the specific intent to kill Woulard.”
Show all 965 citing cases →
— 720 ILCS 5/8-4(1) — 2 cases
People v. Manzano, 2023 IL App (2d) 250217-U (Ill. App. Ct. 2025).
People v. Williams, 2024 IL App (1st) 230876-U (Ill. App. Ct. 2024).
— 720 ILCS 5/8-4(A) — 4 cases
People v. Rios, 2013 IL App (1st) 121072 (Ill. App. Ct. 2013).
Brown v. Madison Cnty. Sheriff's Off. (S.D. Ill. 2022).
People v. Penaloza, 2020 IL App (1st) 163292-U (Ill. App. Ct. 2020).
People v. Rios, 2013 IL App (1st) 121072 (Ill. App. Ct. 2013).
— 720 ILCS 5/8-4(a) — 634 cases
People v. Moss, 795 N.E.2d 208 (Ill. 2003). “In the case at bar, defendants were charged with various offenses whose penalties were amended by Public Act 91-404, including attempted first degree murder (720 ILCS 5/8-4, 9-1 (West 2000)), armed robbery (720 ILCS 5/18-2 (West 2000)), aggravated vehicular hijacking (720 ILCS…”
People v. Bell, 2020 IL App (4th) 170804 (Ill. App. Ct. 2020). “Information ¶4 In March 2016, the State charged defendant by information with attempted escape from a penal institution (720 ILCS 5/8-4(a), 31-6(a) (West 2012)). The State alleged, on or about December 22, 2013, “defendant, with the intent to commit the offense of [e]scape, ***…”
People v. Witherspoon, 883 N.E.2d 725 (Ill. App. Ct. 2008). “" Counts V and VI charge defendant with attempt (aggravated criminal sexual assault), a Class 1 felony (720 ILCS 5/8-4 (a), (c)(2), 12-14(a)(2) (West 2004)).”
People v. Gray, 2017 IL 120958 (Ill. 2017).
United States v. Albert Dowthard, 948 F.3d 814 (7th Cir. 2020).
— 720 ILCS 5/8-4(a)(1) — 3 cases
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015).
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015).
People v. Brown, 2022 IL App (2d) 210311-U (Ill. App. Ct. 2022).
— 720 ILCS 5/8-4(a)(1)(C) — 2 cases
People v. Guyton, 2014 IL App (1st) 110450 (Ill. App. Ct. 2014).
People v. Guyton, 2014 IL App (1st) 110450 (Ill. App. Ct. 2014).
— 720 ILCS 5/8-4(b) — 7 cases
Ismael Hernandez-Alvarez v. Alberto R. Gonzales, 432 F.3d 763 (7th Cir. 2005).
People v. Gaciarz, 2017 IL App (2d) 161102 (Ill. App. Ct. 2017).
People v. English, 778 N.E.2d 218 (Ill. App. Ct. 2002).
People v. Gaciarz, 2017 IL App (2d) 161102 (Ill. App. Ct. 2018).
Calilap, Darwin S. v. Gonzales, Alberto R., 137 F. App'x 912 (7th Cir. 2005).
— 720 ILCS 5/8-4(c) — 27 cases
People v. Phagan, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019). “¶ 92 As we have alluded to, the bulk of the relevant cases provide little help because they were not confronted with the applicable text. The statute’s 2010 amendments changed the period at the end of subsection (D) into a semicolon and added everything from “and” to the end of…”
People v. Harris, 784 N.E.2d 792 (Ill. 2003).
People v. Smith, 2012 IL App (1st) 102354 (Ill. App. Ct. 2012).
People v. Phagan, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019).
People v. Gipson, 2015 IL App (1st) 122451 (Ill. App. Ct. 2015).
— 720 ILCS 5/8-4(c)(1) — 92 cases
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). “On September 14, 2001, defendant was indicted for attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2000)); armed robbery (720 ILCS 5/18-2(a)(4) (West 2000)); home invasion (720 ILCS 5/12-11(a)(3) (West 2000)); home invasion (720 ILCS 5/12-11(a)(5) (West 2000));…”
People v. Harris, 2018 IL 121932 (Ill. 2018). “*834 ¶ 1 The defendant, Darien Harris, was convicted of first degree murder ( 720 ILCS 5/9-1(a)(1) (West 2010) ), attempted first degree murder ( 720 ILCS 5/8-4(a), 9-1 (West 2010) ), and aggravated battery with a firearm ( 720 ILCS 5/12-4.”
People v. Hilliard, 2023 IL 128186 (Ill. 2023).
People v. Taylor, 2023 IL 128316 (Ill. 2023). “]” 720 ILCS 5/8-4 (West 2016)). -7- ¶ 20 Defendant’s sentence falls under subsection (A) because the aggravating factor specified in section 9-1(b)(1) of the Code (id.”
People v. Mimes, 953 N.E.2d 55 (Ill. App. Ct. 2011). “¶ 28 Attempted first degree murder is a Class X felony (720 ILCS 5/8-4(c)(1) (West 2004)) and is usually subject to a sentencing range of 6 to 30 years' imprisonment (720 ILCS 5/8-4(c)(2) (West 2004); 730 ILCS 5/5-8-1(a)(3) (West 2004)).”
— 720 ILCS 5/8-4(c)(1)(A) — 26 cases
People v. Phagan, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019). “¶ 92 As we have alluded to, the bulk of the relevant cases provide little help because they were not confronted with the applicable text. The statute’s 2010 amendments changed the period at the end of subsection (D) into a semicolon and added everything from “and” to the end of…”
People v. Phagan, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019).
People v. Taylor, 2022 IL App (3d) 190281 (Ill. App. Ct. 2022).
People v. Holley, 2019 IL App (1st) 161326 (Ill. App. Ct. 2019).
People v. Aikens, 2016 IL App (1st) 133578 (Ill. App. Ct. 2016).
— 720 ILCS 5/8-4(c)(1)(B) — 18 cases
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). “On September 14, 2001, defendant was indicted for attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2000)); armed robbery (720 ILCS 5/18-2(a)(4) (West 2000)); home invasion (720 ILCS 5/12-11(a)(3) (West 2000)); home invasion (720 ILCS 5/12-11(a)(5) (West 2000));…”
People v. Jackson, 2018 IL App (1st) 150487 (Ill. App. Ct. 2018). “To determine whether the firearm enhancements apply, we must interpret section 8-4(c) of the Criminal Code of 1961 ( 720 ILCS 5/8-4(c) (West 2010) ). We perform that task de novo .”
People v. Jackson, 2018 IL App (1st) 150487 (Ill. App. Ct. 2018).
People v. Smith, 2012 IL App (1st) 102354 (Ill. App. Ct. 2012).
People v. Yankaway, 2025 IL 130207 (Ill. 2025).
— 720 ILCS 5/8-4(c)(1)(C) — 33 cases
People v. Spencer, 2025 IL 130015 (Ill. 2025).
People v. Decatur, 2015 IL App (1st) 130231 (Ill. App. Ct. 2016).
People v. Taylor, 2023 IL 128316 (Ill. 2023). “]” 720 ILCS 5/8-4 (West 2016)). -7- ¶ 20 Defendant’s sentence falls under subsection (A) because the aggravating factor specified in section 9-1(b)(1) of the Code (id.”
People v. Abdullah, 2019 IL 123492 (Ill. 2019).
People v. Gipson, 2015 IL App (1st) 122451 (Ill. App. Ct. 2015).
— 720 ILCS 5/8-4(c)(1)(D) — 68 cases
People v. Harris, 2018 IL 121932 (Ill. 2018). “*834 ¶ 1 The defendant, Darien Harris, was convicted of first degree murder ( 720 ILCS 5/9-1(a)(1) (West 2010) ), attempted first degree murder ( 720 ILCS 5/8-4(a), 9-1 (West 2010) ), and aggravated battery with a firearm ( 720 ILCS 5/12-4.”
People v. Hunter, 2017 IL 121306 (Ill. 2017). “See 705 ILCS 405/5-120 (West 2012). Following a jury trial in the circuit court of Cook County, Wilson was found guilty of both offenses.”
People v. Harris, 2016 IL App (1st) 141744 (Ill. App. Ct. 2016). “720 ILCS 5/8-4(a), 9-1 (West 2008). Harris argues that Woulard was an “unintended” victim because Rondell was the actual target, and thus there was no evidence that Harris had the specific intent to kill Woulard.”
People v. Mimes, 953 N.E.2d 55 (Ill. App. Ct. 2011). “¶ 28 Attempted first degree murder is a Class X felony (720 ILCS 5/8-4(c)(1) (West 2004)) and is usually subject to a sentencing range of 6 to 30 years' imprisonment (720 ILCS 5/8-4(c)(2) (West 2004); 730 ILCS 5/5-8-1(a)(3) (West 2004)).”
People v. Brown, 2015 IL App (1st) 130048 (Ill. App. Ct. 2015).
— 720 ILCS 5/8-4(c)(1)(E) — 17 cases
People v. Lauderdale, 2012 IL App (1st) 100939 (Ill. App. Ct. 2012).
People v. Haynes, 2023 IL App (1st) 220296 (Ill. App. Ct. 2023).
People v. Haynes, 2024 IL 129795 (Ill. 2024).
People v. Guy, 2025 IL 129967 (Ill. 2025).
People v. Lauderdale, 967 N.E.2d 939 (Ill. App. Ct. 2012).
— 720 ILCS 5/8-4(c)(1)(b) — 1 case
People v. Fowler, 2022 IL App (1st) 200741-U (Ill. App. Ct. 2022).
— 720 ILCS 5/8-4(c)(1)(e) — 1 case
People v. Sims, 2021 IL App (1st) 172020-U (Ill. App. Ct. 2021).
— 720 ILCS 5/8-4(c)(2) — 23 cases
People v. Mimes, 953 N.E.2d 55 (Ill. App. Ct. 2011). “¶ 28 Attempted first degree murder is a Class X felony (720 ILCS 5/8-4(c)(1) (West 2004)) and is usually subject to a sentencing range of 6 to 30 years' imprisonment (720 ILCS 5/8-4(c)(2) (West 2004); 730 ILCS 5/5-8-1(a)(3) (West 2004)).”
People v. Amerman, 919 N.E.2d 1068 (Ill. App. Ct. 2009).
People v. Thomas, 2017 IL App (1st) 142557 (Ill. App. Ct. 2017).
People v. Thomas, 2017 IL App (1st) 142557 (Ill. App. Ct. 2017).
People v. Searles, 2022 IL App (1st) 210043 (Ill. App. Ct. 2022).
— 720 ILCS 5/8-4(c)(3) — 3 cases
People v. Grayer, 2022 IL App (1st) 210808 (Ill. App. Ct. 2022).
People v. Beech, 2024 IL App (3d) 230109-U (Ill. App. Ct. 2024).
People v. Lathon (Ill. App. Ct. 2000).
— 720 ILCS 5/8-4(c)(4) — 4 cases
People v. Brown, 802 N.E.2d 356 (Ill. App. Ct. 2003).
People v. Sardon, 2023 IL App (3d) 220177-U (Ill. App. Ct. 2023).
People v. Franklin, 2019 IL App (1st) 161411-U (Ill. App. Ct. 2019).
People v. Burse, 2012 IL App (4th) 100973 (Ill. App. Ct. 2012).
— 720 ILCS 5/8-4(c)(5) — 2 cases
People v. Sardon, 2023 IL App (3d) 220177-U (Ill. App. Ct. 2023).
People v. Sardon, 2023 IL App (3d) 220177-U (Ill. App. Ct. 2023).
— 720 ILCS 5/8-4(c)(D) — 1 case
People v. Wade, 2015 IL App (3d) 130780 (Ill. App. Ct. 2015).
— 720 ILCS 5/8-4(c)(l)(B) — 1 case
People v. Adams, 2022 IL App (1st) 201343-U (Ill. App. Ct. 2022).
— 720 ILCS 5/8-4(d) — 1 case
People v. Yates, 2021 IL App (1st) 180114-U (Ill. App. Ct. 2021).
— 720 ILCS 5/8-4(s) — 1 case
Hauschild v. Harrington (N.D. Ill. 2024).
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