(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

Terms Used In Washington Code 9A.28.040

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacked the capacity to commit an offense; or
(f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.
(3) Criminal conspiracy is a:
(a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;
(b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;
(c) Class C felony when an object of the conspiratorial agreement is a class B felony;
(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;
(e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.