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Illinois Compiled Statutes

720 ILCS 5/8-5 (2026)

Multiple convictions

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(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.)

    
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1993–2026 · leading case: People v. Garcia, 688 N.E.2d 57 (Ill. 1997).
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People v. Garcia, 688 N.E.2d 57 (Ill. 1997). · cites it 4× “See 720 ILCS 5/8-5 (West 1992). The appellate court also vacated Garcia's sentence for aggravated criminal sexual assault based on count 2 because the jury did not return a verdict of guilty on count 2.”
People v. Fort, 2019 IL App (1st) 170644, 142 N.E.3d 234. “Section 8-5 of the Code (720 ILCS 5/8-5 - 12 - No. 1-17-0644 (West 2016)) provides that “[n]o person shall be convicted of both the inchoate and the principal offense.”
People v. Harding, 929 N.E.2d 597 (Ill. App. Ct. 1st Dist. 2010). “" 720 ILCS 5/8-5 (West 2002). We are unpersuaded by this contention.”
People v. Landwer, 626 N.E.2d 306 (Ill. App. Ct. 2d Dist. 1993). “8-5, Committee Comments—1961, at 391 (Smith-Hurd 1967) (now 720 ILCS 5/8-5, Committee Comments—1961, at 520 (Smith-Hurd 1993)).”
People v. Turner, 2024 IL 129208, 248 N.E.3d 1006. “The court vacated defendant’s conviction and sentence for conspiracy to commit aggravated discharge of a firearm, under the rule that a person may not be convicted of both the inchoate and principal offense (see 720 ILCS 5/8-5 (West 2016)). 2022 IL App (5th) 190329, ¶¶ 73-74 .”
People v. Permanian, 886 N.E.2d 1028 (Ill. App. Ct. 1st Dist. 2008). “However, even if we were to find that this was a proper method by which to collaterally attack a void judgment, defendant's judgment in this case was not in fact void, and therefore not subject to attack at this time.”
People v. Wallace, 2022 IL App (1st) 191241-U. “1-19-1241 ¶ 31 Next, defendant asserts that his conviction for attempted aggravated criminal sexual assault cannot stand because the indictment contemplated that that offense was based on the digital penetration of N.”
Redden v. United States, No. 3:19-cv-00011 (S.D. Ill. Apr. 13, 2020). “See 720 ILCS 5/8-5 (“No person shall be convicted of both the inchoate and the principal offense.”
People v. Williams, 2026 IL App (5th) 231193-U. “” 720 ILCS 5/8-5 (West 2022). “Conspiracy is an inchoate offense.”
People v. Haycraft - Opinion corrected, No. 5-02-0636 Rel (Ill. App. Ct. 5th Dist. June 4, 2004). “See 720 ILCS 5/8-5 (West 2002) ("No person shall be convicted of both the inchoate [offense] and the principal offense").”
People v. Lewis, No. 4-04-0547 Rel (Ill. App. Ct. 4th Dist. Nov. 10, 2005). “" M. Graham, Handbook of Federal Evidence §801.”
People v. Millsap, No. 4-05-1053 Rel (Ill. App. Ct. 4th Dist. July 19, 2007). “2d R. 615(a)). Because a defendant shall not be convicted of both the inchoate offense and the substantive offense, we vacate defendant's conviction for criminal drug conspiracy.”
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