Conspiracy
Sec. 2. (a) A person conspires to commit a felony when, with
intent to commit the felony, he agrees with another person to commit
the felony. A conspiracy to commit a felony is a felony of the same
class as the underlying felony. However, a conspiracy to commit
murder is a Class A felony.
(b) The state must allege and prove that either the person or the
person with whom he 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.
Last modified: May 24, 2006