§ 74-9. Conspiracy.

(a)

A person commits conspiracy when, with intent that the violation of a provision of this Code be committed, he agrees with another to the commission of that violation. No person may be convicted of conspiracy to commit a violation unless an act in furtherance of the agreement is alleged and proved to have been committed by him or by a co-conspirator.

(b)

It shall not be a defense to conspiracy that the person with whom the accused is alleged to have conspired:

(1)

Has not been prosecuted or convicted;

(2)

Has been convicted of a different violation or offense;

(3)

Is not amenable to justice;

(4)

Has been acquitted; or

(5)

Lacked the capacity to commit a violation.

(c)

A person convicted of conspiracy may be punished not to exceed the maximum provided for the violation which is the object of the conspiracy.

(Code 1982, § 12.22)

State law reference

Conspiracy, 720 ILCS 5/8-2.