720 ILCS 5/8-4 – Attempt
This law explains what it means to try to commit a crime and what the possible punishments are.
This statute says that if someone takes a significant step toward committing a crime, even if they don’t finish it, they can still be charged with “attempt.” It also states that it is still illegal, even if it is impossible to complete the crime. It also outlines the punishments for different levels of attempted crimes.
(a) Elements of the offense. A person commits an attempt when they intend to do a specific crime and take important actions to make it happen, even if they don’t succeed.
(b) Impossibility. Someone can still be guilty of attempt even if, because of a mistake or misunderstanding, the crime wasn’t actually possible.
(c) Sentence. A person found guilty of attempt can be fined, sent to jail, or both, but the punishment for an attempt cannot be more than the punishment for if they’d actual completed crime. There are special rules for attempted murder and other types of crimes:
- Trying to commit first-degree murder is punished as a very serious crime (Class X felony), with extra prison time added if:
(A) The crime involves certain serious circumstances–20 to 80 years in prison.
(B) The person used a gun–15 extra years in prison.
(C) The person fired the gun–20 extra years in prison.
(D) The person fired the gun and seriously hurt or killed someone–25 years to life added.
(E) If the person acted in sudden anger after being seriously provoked, the crime is punished less harshly as a Class 1 felony. - Trying to commit a Class X felony is punished as a Class 1 felony.
- Trying to commit a Class 1 felony is punished as a Class 2 felony.
- Trying to commit a Class 2 felony is punished as a Class 3 felony.
- Trying to commit any other felony is punished as a Class A misdemeanor.
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