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Criminal conspiracy - 18 Pa. Cons. Stat. § 903Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 903. Criminal conspiracy.
(a) Definition of conspiracy.--A person is guilty of
conspiracy with another person or persons to commit a crime if
with the intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they
or one or more of them will engage in conduct which
constitutes such crime or an attempt or solicitation to
commit such crime; or
(2) agrees to aid such other person or persons in the
planning or commission of such crime or of an attempt or
solicitation to commit such crime.
(b) Scope of conspiratorial relationship.--If a person
guilty of conspiracy, as defined by subsection (a) of this
section, knows that a person with whom he conspires to commit a
crime has conspired with another person or persons to commit the
same crime, he is guilty of conspiring with such other person or
persons, to commit such crime whether or not he knows their
identity.
(c) Conspiracy with multiple criminal objectives.--If a
person conspires to commit a number of crimes, he is guilty of
only one conspiracy so long as such multiple crimes are the
object of the same agreement or continuous conspiratorial
relationship.
(d) Joinder and venue in conspiracy prosecutions.--
(1) Subject to the provisions of paragraph (2) of this
subsection, two or more persons charged with criminal
conspiracy may be prosecuted jointly if:
(i) they are charged with conspiring with one
another; or
(ii) the conspiracies alleged, whether they have the
same or different parties, are so related that they
constitute different aspects of a scheme of organized
criminal conduct.
(2) In any joint prosecution under paragraph (1) of this
subsection:
(i) no defendant shall be charged with a conspiracy
in any county other than one in which he entered into
such conspiracy or in which an overt act pursuant to such
conspiracy was done by him or by a person with whom he
conspired;
(ii) neither the liability of any defendant nor the
admissibility against him of evidence of acts or
declarations of another shall be enlarged by such
joinder; and
(iii) the court shall order a severance or take a
special verdict as to any defendant who so requests, if
it deems it necessary or appropriate to promote the fair
determination of his guilt or innocence, and shall take
any other proper measures to protect the fairness of the
trial.
(e) Overt act.--No person may be convicted of conspiracy to
commit a crime unless an overt act in pursuance of such
conspiracy is alleged and proved to have been done by him or by
a person with whom he conspired.
(f) Renunciation.--It is a defense that the actor, after
conspiring to commit a crime, thwarted the success of the
conspiracy, under circumstances manifesting a complete and
voluntary renunciation of his criminal intent.
(g) Duration of conspiracy.--For purposes of 42 Pa.C.S. §
5552(d) (relating to commission of offense):
(1) conspiracy is a continuing course of conduct which
terminates when the crime or crimes which are its object are
committed or the agreement that they be committed is
abandoned by the defendant and by those with whom he
conspired;
(2) such abandonment is presumed if neither the
defendant nor anyone with whom he conspired does any overt
act in pursuance of the conspiracy during the applicable
period of limitation; and
(3) if an individual abandons the agreement, the
conspiracy is terminated as to him only if and when he
advises those with whom he conspired of his abandonment or he
informs the law enforcement authorities of the existence of
the conspiracy and of his participation therein.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (g).
Cross References. Section 903 is referred to in section 4120
of this title; sections 5552, 6302 of Title 42 (Judiciary and
Judicial Procedure).
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Last modified: November 27, 2007 |