§ 130.09 CONSPIRACY.
   (A)   Conspiracy. A person commits conspiracy when, with intent that an offense be committed, he 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 such agreement is alleged and proved to have been committed by him or by a co-conspirator.
   (B)   Co-conspirators. It shall not be 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.
(`79 Code, § 130.046) (Ord. 860, passed 7-3-78) Penalty, see § 10.99
   Conspiracy, see ILCS Ch. 720, Act 5, § 8-2