Indiana Code 35-41-5-2. Conspiracy
Current as of: 2023 | Check for updates
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Sec. 2. (a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:
For details, see Ind. Code § 35-50-2-4 and Ind. Code § 35-50-2-4.5
(2) a Level 1 felony if the conspiracy results in the death of another person.
(1) a Level 2 felony if the conspiracy does not result in the death of a person; and
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 1 felony | between 20 and 40 years | up to $10,000 |
| Level 2 felony | between 10 and 30 years | up to $10,000 |
(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.
(c) It is no defense that the person with whom the accused person is alleged to have conspired:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.23; P.L.158-2013, SEC.409.