Chapter 42 Murder is Murder & Hate Crime is Hate Crime

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D.B.’s CONFESSIONS OF ALLEGED MURDER

ATTEMPTED MURDER & HITS

He alleged that he put a hit out on C.H.’s life and he had been targeted, J.S. Jr. ’s life because he had knowledge of what had been done to me, and what was going to be done to me in that I was being poisoned for life insurance. He alleged that J. S. the stepfather to C.P.S.B.S.B.   had been targeted and killed and that poison had caused his colon cancer. He confessed to killing his own father R.B., step father E.G., and may have shortened the lifespan of O.S.B. by way of poison. He also alleged that he killed a man named A. Mc D. aka “Butchie” who may still be alive. He made claim to causing Dr. R.’s death as he was my grandmother and my physician and my grandmother’s pharmacist G. S. who grandma had a crush on. This is in addition to the person that he allegedly killed and buried in the apartment building in Summit Il. where I saw the hole in the furnace room, and the body that was found in Palos Hills Il. when I was 16.

 DEATH CERTIFICATES MAY SHOW SICKNESS,

OR NATURAL CAUSES BUT TARGETING, EUTHENASIA & MURDER WAS CONFESSED

While many of these people may have appeared to of died of natural causes or sickness or even of old age, D.B. alleged that they had been poisoned to hasten to cause their sickness and bring on the cause of their deaths he also alleged that while the people were dyeing they were given poison to hasten the amount of time they would need to be cared for and to hasten the dying process which is murder.

 MURDER IS MURDER & EUTHANASIA IS MURDER

Euthanasia is unlawful in all 50 states and rat poison is to be used to get rid of rats and mice and ensure a healthy living environment not to target and kill victims for financial gain or because they are an alleged burden upon those around them or obtain life insurance proceeds.

 This is the Illinois Criminal law

Confessed to by D.B.

Attempted Murder by way of forced or pushed suicide

Illinois Laws on Assisted Suicide

 

(720 ILCS 5/12-34.5) (was 720 ILCS 5/12-31)
    Sec. 12-34.5. Inducement to commit suicide. 
    (a) A person commits inducement to commit suicide when he or she does either of the following: 
        (1) Knowingly coerces another to commit suicide and

     the other person commits or attempts to commit suicide as a direct result of the coercion, and he or she exercises substantial control over the other person through (i) control of the other person’s physical location or circumstances; (ii) use of psychological pressure; or (iii) use of actual or ostensible religious, political, social, philosophical or other principles.
        (2) With knowledge that another person intends to
     commit or attempt to commit suicide, intentionally (i) offers and provides the physical means by which another person commits or attempts to commit suicide, or (ii) participates in a physical act by which another person commits or attempts to commit suicide.
    For the purposes of this Section, “attempts to commit suicide” means any act done with the intent to commit suicide and which constitutes a substantial step toward commission of suicide. 
    (b) Sentence. Inducement to commit suicide under paragraph (a)(1) when the other person commits suicide as a direct result of the coercion is a Class 2 felony. Inducement to commit suicide under paragraph (a)(2) when the other person commits suicide as a direct result of the assistance provided is a Class 4 felony. Inducement to commit suicide under paragraph (a)(1) when the other person attempts to commit suicide as a direct result of the coercion is a Class 3 felony. Inducement to commit suicide under paragraph (a)(2) when the other person attempts to commit suicide as a direct result of the assistance provided is a Class A misdemeanor. 
    (c) The lawful compliance or a good-faith attempt at lawful compliance with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers of Attorney for Health Care Law is not inducement to commit suicide under paragraph (a)(2) of this Section. 
(Source: P.A. 96-1551, eff. 7-1-11.)

 

For the Murder of S.J.G. Confessed to by D.B. & C.B.B.G.G.

MURDER

ILLINOIS MURDER STATUTE

            (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree murder; death penalties; exceptions; separate hearings; proof; findings; appellate procedures; reversals. 
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: 
        (1) he either intends to kill or do great bodily harm

     to that individual or another, or knows that such acts will cause death to that individual or another; or

        (2) he knows that such acts create a strong

     probability of death or great bodily harm to that individual or another; or

        (3) he is attempting or committing a forcible felony

     other than second degree murder.

    (b) Aggravating Factors. A defendant who at the time of the commission of   the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: 
       (1) the murdered individual was a peace officer or

     fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or

        (2) the murdered individual was an employee of an

     institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or

        (3) the defendant has been convicted of murdering two

     or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or

        (4) the murdered individual was killed as a result of

     the hijacking of an airplane, train, ship, bus or other public conveyance; or

        (5) the defendant committed the murder pursuant to a

     contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or

        (6) the murdered individual was killed in the course

     of another felony if:

            (a) the murdered individual: 
                (i) was actually killed by the defendant, or 
                (ii) received physical injuries personally

             inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and

            (b) in performing the acts which caused the death

         of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and

            (c) the other felony was an inherently violent

         crime or the attempt to commit an inherently violent crime. In this subparagraph (c), “inherently violent crime” includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated abduct ping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; or

        (7) the murdered individual was under 12 years of age

     and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or

        (8) the defendant committed the murder with intent to

     prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this paragraph (8), “participating in any criminal investigation or prosecution” is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; or

        (9) the defendant, while committing an offense

     punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or

        (10) the defendant was incarcerated in an institution

     or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or

        (11) the murder was committed in a cold, calculated

     and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or

        (12) the murdered individual was an emergency medical

     technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel; or

        (13) the defendant was a principal administrator,

     organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or

        (14) the murder was intentional and involved the

     infliction of torture. For the purpose of this Section torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim; or

        (15) the murder was committed as a result of the

     intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or

        (16) the murdered individual was 60 years of age or

     older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or

        (17) the murdered individual was a person with a

     disability and the defendant knew or should have known that the murdered individual was a person with a disability. For purposes of this paragraph (17), “person with a disability” means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or

        (18) the murder was committed by reason of any

     person’s activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or

        (19) the murdered individual was subject to an order

     of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; or

        (20) the murdered individual was known by the

     defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or

        (21) the murder was committed by the defendant in

     connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code.

    (b-5) Aggravating Factor; Natural Life Imprisonment. A defendant who has been found guilty of first degree murder and who at the time of the commission of the offense had attained the age of 18 years or more may be sentenced to natural life imprisonment if (i) the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, (ii) the defendant knew or should have known that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, and (iii) the murdered individual was killed in the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity. 
     (c) Consideration of factors in Aggravation and Mitigation. 
    The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b). Mitigating factors may include but need not be limited to the following: 
        (1) the defendant has no significant history of prior

     criminal activity;

        (2) the murder was committed while the defendant was

     under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to prosecution;

        (3) the murdered individual was a participant in the

     defendant’s homicidal conduct or consented to the homicidal act;

        (4) the defendant acted under the compulsion of

     threat or menace of the imminent infliction of death or great bodily harm;

        (5) the defendant was not personally present during

     commission of the act or acts causing death;

        (6) the defendant’s background includes a history of

     extreme emotional or physical abuse;

        (7) the defendant suffers from a reduced mental

     capacity.

    Provided, however, that an action that does not otherwise mitigate first degree murder cannot qualify as a mitigating factor for first degree murder because of the discovery, knowledge, or disclosure of the victim’s sexual orientation as defined in Section 1-103 of the Illinois Human Rights Act. 
    (d) Separate sentencing hearing. 
    Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted: 
        (1) before the jury that determined the defendant’s

     guilt; or

        (2) before a jury impanelled for the purpose of the

     proceeding if:
  1. the defendant was convicted upon a plea of
         guilty; or
  1. the defendant was convicted after a trial
         before the court sitting without a jury; or
  1. the court for good cause shown discharges the
         jury that determined the defendant’s guilt; or

        (3) before the court alone if the defendant waives a

     jury for the separate proceeding.

    (e) Evidence and Argument. 
    During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing. 
    (f) Proof. 
    The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt. 
    (g) Procedure – Jury. 
    If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the court shall sentence the defendant to death. If the court does not concur with the jury determination that death is the appropriate sentence, the court shall set forth reasons in writing including what facts or circumstances the court relied upon, along with any relevant documents, that compelled the court to non-concur with the sentence. This document and any attachments shall be part of the record for appellate review. The court shall be bound by the jury’s sentencing determination. 
    If after weighing the factors in aggravation and mitigation, one or more jurors determines that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. 
    (h) Procedure – No Jury. 
    In a proceeding before the court alone, if the court finds that none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. 
    If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the Court shall sentence the defendant to death. 
    If the court finds that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. 
    (h-5) Decertification as a capital case. 
    In a case in which the defendant has been found guilty of first degree murder by a judge or jury, or a case on remand for resentencing, and the State seeks the death penalty as an appropriate sentence, on the court’s own motion or the written motion of the defendant, the court may decertify the case as a death penalty case if the court finds that the only evidence supporting the defendant’s conviction is the uncorroborated testimony of an informant witness, as defined in Section 115-21 of the Code of Criminal Procedure of 1963, concerning the confession or admission of the defendant or that the sole evidence against the defendant is a single eyewitness or single accomplice without any other corroborating evidence. If the court decertifies the case as a capital case under either of the grounds set forth above, the court shall issue a written finding. The State may pursue its right to appeal the decertification pursuant to Supreme Court Rule 604(a)(1). If the court does not decertify the case as a capital case, the matter shall proceed to the eligibility phase of the sentencing hearing. 
    (i) Appellate Procedure. 
    The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. The Illinois Supreme Court may overturn the death sentence, and order the imposition of imprisonment under Chapter V of the Unified Code of Corrections if the court finds that the death sentence is fundamentally unjust as applied to the particular case. If the Illinois Supreme Court finds that the death sentence is fundamentally unjust as applied to the particular case, independent of any procedural grounds for relief, the Illinois Supreme Court shall issue a written opinion explaining this finding. 
    (j) Disposition of reversed death sentence.
    In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections. 
    In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. 
    (k) Guidelines for seeking the death penalty. 
    The Attorney General and State’s Attorneys Association shall consult on voluntary guidelines for procedures governing whether or not to seek the death penalty. The guidelines do not have the force of law and are only advisory in nature. 
(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)

 D.B., C.B.B.G.G., E.M.M., A.E.V., W.E.V., L.V.W.

 

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

  
    (720 ILCS 5/Tit. III heading)TITLE III. SPECIFIC OFFENSES
      (720 ILCS 5/Tit. III Pt. A heading)PART A. INCHOATE OFFENSES
      (720 ILCS 5/Art. 8 heading)ARTICLE 8. SOLICITATION, CONSPIRACY AND ATTEMPT
    (720 ILCS 5/8-1) (from Ch. 38, par. 8-1) 
    Sec. 8-1. Solicitation and solicitation of murder. 
    (a) Solicitation. A person commits the offense of solicitation when, with intent that an offense be committed, other than first degree murder, he or she commands, encourages, or requests another to commit that offense. 
    (b) Solicitation of murder. A person commits the offense of solicitation of murder when he or she commits solicitation with the intent that the offense of first degree murder be committed. 
    (c) Sentence. A person convicted of solicitation may be fined or imprisoned or both not to exceed the maximum provided for the offense solicited, except that the penalty shall not exceed the corresponding maximum limit provided by subparagraph (c) of Section 8-4 of this Code. Solicitation of murder is a Class X felony, and a person convicted of solicitation of murder shall be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years, except that a person convicted of solicitation of murder when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 20 years and not more than 60 years. 
(Source: P.A. 96-710, eff. 1-1-10.)
    (720 ILCS 5/8-1.1) 
    Sec. 8-1.1. (Repealed). 
(Source: P.A. 89-689, eff. 12-31-96. Repealed by P.A. 96-710, eff. 1-1-10.)
    (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2) 
    Sec. 8-1.2. Solicitation of murder for hire. 
    (a) A person commits the offense of solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he or she procures another to commit that offense pursuant to any contract, agreement, understanding, command, or request for money or anything of value. 
    (b) Sentence. Solicitation of murder for hire is a Class X felony, and a person convicted of solicitation of murder for hire shall be sentenced to a term of imprisonment of not less than 20 years and not more than 40 years, except that a person convicted of solicitation of murder for hire when the person solicited was a person under the age of 17 years shall be sentenced to a term of imprisonment of not less than 25 years and not more than 60 years. 
(Source: P.A. 96-710, eff. 1-1-10.)
    (720 ILCS 5/8-2) (from Ch. 38, par. 8-2) 
    Sec. 8-2. Conspiracy. 
    (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 subsection
     or Code, 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 (720 ILCS 5/46-4); or
            (B) aggravated governmental entity insurance
         fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 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 (720 ILCS 5/9-1); or
            (B) aggravated insurance fraud (720 ILCS 5/46-3)
         or aggravated governmental insurance fraud (720 ILCS 5/46-3).
        (4) A person convicted of conspiracy to commit
     insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 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 (720 ILCS
         5/11-14.3(a)(1));
            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
         5/11-14.3(a)(2)(B));
            (C) keeping a place of prostitution (720 ILCS
         5/11-14.3(a)(1));
            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
            (E) unlawful use of weapons under Section
         24-1(a)(1) (720 ILCS 5/24-1(a)(1));
            (F) unlawful use of weapons under Section
         24-1(a)(7) (720 ILCS 5/24-1(a)(7));
            (G) gambling (720 ILCS 5/28-1);
            (H) keeping a gambling place (720 ILCS 5/28-3);
            (I) registration of federal gambling stamps
         violation (720 ILCS 5/28-4);
            (J) look-alike substances violation (720 ILCS
         570/404);
            (K) miscellaneous controlled substance violation
         under Section 406(b) (720 ILCS 570/406(b)); or
            (L) an inchoate offense related to any of the
         principal offenses set forth in this item (5).
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)
    (720 ILCS 5/8-2.1) 
    Sec. 8-2.1. Conspiracy against civil rights. 
    (a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co-conspirator has committed any act in furtherance of that agreement. 
    (b) Co-conspirators. It shall not be a defense to conspiracy against civil rights that a person or persons with whom the accused is alleged to have conspired: 
        (1) has not been prosecuted or convicted; or 
        (2) has been convicted of a different offense; or 
        (3) is not amenable to justice; or 
        (4) has been acquitted; or 
        (5) lacked the capacity to commit an offense. 
    (c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. 
(Source: P.A. 92-830, eff. 1-1-03.)

 

    (720 ILCS 5/8-3) (from Ch. 38, par. 8-3) 
    Sec. 8-3. Defense. 
    It is a defense to a charge of solicitation or conspiracy that if the criminal object were achieved the accused would not be guilty of an offense. 
(Source: Laws 1961, p. 1983.)
    (720 ILCS 5/8-4) (from Ch. 38, par. 8-4) 
    Sec. 8-4. Attempt. 
    (a) Elements of the offense. 
    A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense. 
    (b) Impossibility. 
    It is not a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted. 
    (c) Sentence. 
    A person convicted of attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in Section 33A-2 of this Code:
        (1) the sentence for attempt to commit first degree
     murder is the sentence for a Class X felony, except that
            (A) an attempt to commit first degree murder when
         at least one of the aggravating factors specified in paragraphs (1), (2), and (12) of subsection (b) of Section 9-1 is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;
            (B) an attempt to commit first degree murder
         while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;
            (C) an attempt to commit first degree murder
         during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;
            (D) an attempt to commit first degree murder
         during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; and
            (E) if the defendant proves by a preponderance of
         the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony;
        (2) the sentence for attempt to commit a Class X
     felony is the sentence for a Class 1 felony;
        (3) the sentence for attempt to commit a Class 1
     felony is the sentence for a Class 2 felony;
        (4) the sentence for attempt to commit a Class 2
     felony is the sentence for a Class 3 felony; and
        (5) the sentence for attempt to commit any felony
     other than those specified in items (1), (2), (3), and (4) of this subsection (c) is the sentence for a Class A misdemeanor.
(Source: P.A. 96-710, eff. 1-1-10.)

 IF YOU ARE GOING TO HATE ANYTHING ON THE FACE OF THIS PLANET HATE CRIME NOT PEOPLE

D.B., C.B.B.G.G., E.M.M., A.E.V., W.E.V., L.V.W.

 HATE CRIME

         (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) 
                          Sec. 12-7.1. Hate crime. 
    (a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she commits assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively. 
    (b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. 
    (b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed: 
        (1) in, or upon the exterior or grounds of, a church,

     synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose;

        (2) in a cemetery, mortuary, or other facility used

     for the purpose of burial or memorializing the dead;

        (3) in a school or other educational facility,

     including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;

        (4) in a public park or an ethnic or religious

     community center;

        (5) on the real property comprising any location

     specified in clauses (1) through (4) of this subsection (b-5); or

        (6) on a public way within 1,000 feet of the real

     property comprising any location specified in clauses (1) through (4) of this subsection (b-5).

    (b-10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine in an amount to be determined by the court based on the severity of the crime and the injury or damages suffered by the victim. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed. The educational program must be attended by the offender in-person and may be administered, as determined by the court, by a university, college, community college, non-profit organization, the Illinois Holocaust and Genocide Commission, or any other organization that provides educational programs discouraging hate crimes, except that programs administered online or that can otherwise be attended remotely are prohibited. The court may also impose any other condition of probation or conditional discharge under this Section. If the court sentences the offender to imprisonment or periodic imprisonment for a violation of this Section, as a condition of the offender’s mandatory supervised release, the court shall require that the offender perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed. 
    (c) Independent of any criminal prosecution or the result of a criminal prosecution, any person suffering injury to his or her person, damage to his or her property, intimidation as defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6 of this Code, stalking as defined in Section 12-7.3 of this Code, cyberstalking as defined in Section 12-7.5 of this Code, disorderly conduct as defined in paragraph (a)(1) of Section 26-1 of this Code, transmission of obscene messages as defined in Section 26.5-1 of this Code, harassment by telephone as defined in Section 26.5-2 of this Code, or harassment through electronic communications as defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of a hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, as well as punitive damages. The court may impose a civil penalty up to $25,000 for each violation of this subsection (c). A judgment in favor of a person who brings a civil action under this subsection (c) shall include attorney’s fees and costs. After consulting with the local State’s Attorney, the Attorney General may bring a civil action in the name of the People of the State for an injunction or other equitable relief under this subsection (c). In addition, the Attorney General may request and the court may impose a civil penalty up to $25,000 for each violation under this subsection (c). The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for all damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law. 
    (d) “Sexual orientation” has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act. 
(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; 100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)

 

Chapter 43