Ill. Pattern Jury Instr. (Criminal) 17.31

A person

commits the offense of criminal drug conspiracy when he, with the intent that

the offense of ____ be committed, agrees with [(another) (others)] to the commission of the

offense of ____, and an act in furtherance of the agreement is performed by any party to the

agreement.

To constitute the offense of criminal drug conspiracy it is not necessary that the

conspirators succeed in committing the offense of ____.

Committ

ee Note

720 ILCS

570/405.1 (West, 1999) (formerly Ill.Rev.Stat. ch. 561/2, §1405.1), added by

P.A. 86-809, effective January 1, 1990.

The court

must also give an instruction that defines the drug offense that is the alleged

subject of the criminal drug conspiracy. See Committee Notes to that drug definition instruction

and to Instruction 6.03 generally regarding conspiracy principles.

P.A. 86- 809 is

worded in general conspiracy language from 720 ILCS 5/8- 2, but it is

limited to agreements to commit a violation of 720 ILCS 570/401, 570/402, or 570/407.

See Co

mmittee Note to Instruction 17.05A if delivery is an issue.

See I

nstruction 17.13A, regarding the word “agreement.”

Insert

in the blanks the name of the offense that is the subject of the alleged criminal drug

conspiracy.

Use appl

icable bracketed material.

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