Ill. Pattern Jury Instr. (Criminal) 17.32

To susta

in the charge of criminal drug conspiracy, the State must prove the following

propositions:

First Proposition: That the defendant agreed with ____ to the commission of the offense

of ____; and

Second Proposition: That the defendant did so with the intent that the offense of ____ be

committed; and

Third Proposition: That an act in furtherance of the agreement was performed by any

party to the agreement.

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

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.

Give I

nstruction 17.31.

The cour

t 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.

Insert

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

conspiracy.

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