(a) An offender commits the crime of conspiracy if, with the intent to promote or facilitate a serious felony offense, the offender agrees with one or more persons to engage in or cause the performance of that activity and the offender or one of the persons does an overt act in furtherance of the conspiracy.
Terms Used In Alaska Statutes 11.31.120 - Conspiracy
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
- state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) If an offender commits the crime of conspiracy and knows that a person with whom the offender conspires to commit a serious felony offense has conspired or will conspire with another person or persons to commit the same serious felony offense, the offender is guilty of conspiring with that other person or persons to commit that crime whether or not the offender knows their identities.
(c) In a prosecution under this section, it is a defense that the defendant was merely present at the time that two or more other persons agreed to engage in or cause the performance of a serious felony offense.
(d) In a prosecution under this section, it is not a defense that a person with whom the defendant conspires could not be guilty of the crime that is the object of the conspiracy because of
(1) lack of criminal responsibility or other legal incapacity or exemption;
(2) belonging to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the conspiracy;
(3) unawareness of the criminal nature of the conduct in question or of the criminal purpose of the defendant; or
(4) any other factor precluding the culpable mental state required for the commission of the crime.
(e) If the offense that the conspiracy is intended to promote or facilitate is actually committed, a defendant may not be convicted of conspiring to commit that offense with another person for whose conduct the defendant is not legally accountable under AS 11.16.120 (b).
(f) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant’s criminal intent, either (1) gave timely warning to law enforcement authorities; or (2) otherwise made proper effort that prevented the commission of the crime that was the object of the conspiracy. Renunciation by one conspirator does not affect the liability of another conspirator who does not join in the renunciation.
(g) Notwithstanding AS 22.10.030 , venue in actions in which the crime of conspiracy is alleged to have been committed may not be based solely on the location of overt acts done in furtherance of the conspiracy.
(h) In this section,
(1) “overt act in furtherance of the conspiracy” means an act of such character that it manifests a purpose on the part of the actor that the object of the conspiracy be completed;
(2) “serious felony offense” means an offense
(A) against the person under AS 11.41, punishable as an unclassified or class A felony;
(B) involving controlled substances under AS 11.71, punishable as an unclassified, class A, or class B felony;
(C) that is criminal mischief in the first degree under AS 11.46.475;
(D) that is terroristic threatening in the first degree under AS 11.56.807;
(E) that is human trafficking in the first degree under AS 11.41.360;
(F) that is sex trafficking in the first degree under AS 11.66.110 ; or
(i) Conspiracy is
(1) an unclassified felony if the object of the conspiracy is murder in the first degree;
(2) a class A felony if the object of the conspiracy is a crime punishable as an unclassified felony other than murder in the first degree;
(3) a class B felony if the object of the conspiracy is a crime punishable as a class A felony;
(4) a class C felony if the object of the conspiracy is a crime punishable as a class B felony.