§ 65 — Methamphetamine conspiracy

Illinois § 65

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 720: CRIMINAL OFFENSES
• Act 720 ILCS 646/: Methamphetamine Control and Community Protection Act.

Text

(a) It is unlawful to engage in a methamphetamine conspiracy. A person engages in a methamphetamine conspiracy when: (1) the person intends to violate one or more provisions of this Act; (2) the person agrees with one or more persons to violate one or more provisions of this Act; and (3) the person or any party to the agreement commits an act in furtherance of the agreement. (b) A person convicted of engaging in a methamphetamine conspiracy shall face the penalty for the offense that is the object of the conspiracy and may be held accountable for the cumulative weight of any methamphetamine, substance containing methamphetamine, methamphetamine precursor, or substance containing methamphetamine precursor attributable to the conspiracy for the duration of the conspiracy. (c) It is not a defense to a methamphetamine conspiracy charge that the person or persons with whom the person charged is alleged to have conspired have not been prosecuted or convicted, have been acquitted, have been convicted of a different offense, are not amenable to justice, or lacked the capacity to commit the offense. (d) When any person is convicted under this Section of engaging in a methamphetamine conspiracy, the following shall be subject to forfeiture to the State of Illinois: the receipts the person obtained in the conspiracy and any of the person's interests in, claims against, receipts from, or property or rights of any kind affording a source of influence over, the conspiracy. The circuit court may enter such injunctions, restraining orders, directions, or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property, claim, receipt, right, or other interest subject to forfeiture under this Section, as it deems proper.

Legislative History

(Source: P.A. 94-556, eff. 9-11-05.)