Chapter 706 - Conspiracy

Question 1

706.1 - Conspiracy

1. A person commits conspiracy if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does what?

Answer 1

“ A. Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime.

B. Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.

2. It is not necessary for the conspirator to know the identity of each and every conspirator.
3. A person shall not be convicted of consp. unless it is alleged & proven that 1+ committed an overt act to accomplish the purpose of the consp. by criminal means.
4. A person shall not be convicted of consp. if the only other person(s) involved in the consp. were acting at the behest of/as agents of a LEA in an inv. of the criminal activity alleged at the time of formation of the consp.”

Question 2

A person who commits conspiracy to commit a forcible felony is guilty of what level of offense?

Answer 2

706.3 - Penalties

Class C Felony

Question 3

A person who commits conspiracy to commit a felony, other than a forcible felony, commits what level of offense?

Answer 3

706.3 - Penalties

Class D Felony

Question 4

A person who commits a conspiracy to commit a misdemeanor is guilty of what level of offense?

Answer 4

706.3 - Penalties

A misdemeanor of the same class

Question 5

Can a person be convicted and sentenced for both the conspiracy and the public offense?

Answer 5

706.4 - Multiple Convictions

No. “A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy. A person may not be convicted and sentenced for both the conspiracy and the public offense.”