(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) Has not been prosecuted or convicted,
(2) Has been convicted of a different offense,
(3) Is not amenable to justice,
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(C) A person convicted of conspiracy may be fined not to exceed the maximum provided for the offense which is the object of the conspiracy.
(ILCS Ch. 720, Act 5, § 8-2) (Am. Ord. 8109, passed 7-5-00) Penalty, see § 130.99