(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) Have not been prosecuted or convicted,
(2) Have been convicted of a different offense,
(3) Are not amenable to justice,
(4) Have been acquitted, or
(5) Lacked the capacity to commit an offense.
(C) Sentence.
(1) Except as otherwise provided in this division or ILCS Ch. 720, a person convicted of conspiracy to commit:
(a) A Class X felony shall be sentenced for a Class 1 felony;
(b) A Class 1 felony shall be sentenced for a Class 2 felony;
(c) A Class 2 felony shall be sentenced for a Class 3 felony;
(d) A Class 3 felony shall be sentenced for a Class 4 felony;
(e) A Class 4 felony shall be sentenced for a Class 4 felony; and
(f) A misdemeanor may be fined or imprisoned or both, not to exceed the maximum provided for the offense that is the object of the conspiracy.
(2) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class X felony:
(a) Aggravated insurance fraud conspiracy when the person is an organizer of the conspiracy (ILCS Ch. 720, Act 5, § 46-4); or
(b) Aggravated governmental entity insurance fraud conspiracy when the person is an organizer of the conspiracy (ILCS Ch. 720, Act 5, § 46-4).
(3) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 1 felony:
(a) First degree murder (ILCS Ch. 720, Act 5, § 9-1); or
(b) Aggravated insurance fraud (ILCS Ch. 720, Act 5, § 46-3) or aggravated governmental insurance fraud (ILCS Ch. 720, Act 5, § 46-3).
(4) A person convicted of conspiracy to commit insurance fraud (ILCS Ch. 720, Act 5, § 46-3) or governmental entity insurance fraud (ILCS Ch. 720, Act 5, § 46-3) shall be sentenced for a Class 2 felony.
(5) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 3 felony:
(a) Soliciting for a prostitute (ILCS Ch. 720, Act 5, § 11-15);
(b) Pandering (ILCS Ch. 720, Act 5, § 11-16);
(c) Keeping a place of prostitution (ILCS Ch. 720, Act 5, 11-17);
(d) Pimping (ILCS Ch. 720, Act 5, § 11-19);
(e) Unlawful use of weapons under ILCS Ch. 720, Act 5, § 24-1(a)(1);
(f) Unlawful use of weapons under ILCS Ch. 720, Act 5, § 24-1(a)(7));
(g) Gambling (ILCS Ch. 720, Act 5, § 28-1);
(h) Keeping a gambling place (ILCS Ch. 720, Act 5, § 28-3);
(i) Registration of federal gambling stamps violation (ILCS Ch. 720, Act 5, § 28-4);
(j) Look-alike substances violation (ILCS Ch. 720, Act 570, § 404);
(k) Miscellaneous controlled substance violation under ILCS Ch. 720, Act 570, § 406(b); or
(l) An inchoate offense related to any of the principal offenses set forth in this division (5).
(ILCS Ch. 720, Act 5, § 8-2) Penalty, see § 130.99