45-4-102. Conspiracy. (1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator.
(2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired:
(a) has not been prosecuted or convicted;
(b) has been convicted of a different offense;
(c) is not amenable to justice;
(d) has been acquitted; or
(e) lacked the capacity to commit the offense.
(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.
History: En. 94-4-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-102; amd. Sec. 1652, Ch. 56, L. 2009.
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