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Article 105 - NY Penal Law

CONSPIRACY
105.00 Conspiracy in the sixth degree. B MISD
105.05 Conspiracy in the fifth degree. A MISD
105.10 Conspiracy in the fourth degree. E FELONY
105.13 Conspiracy in the third degree. D FELONY
105.15 Conspiracy in the second degree. B FELONY
105.17 Conspiracy in the first degree. A-I FELONY
105.20 Conspiracy; pleading and proof; necessity of overt act.
105.25 Conspiracy; jurisdiction and venue.
105.30 Conspiracy; no defense.
105.35 Conspiracy; enterprise corruption: applicability.

S 105.00 Conspiracy in the sixth degree.
  A person is guilty of conspiracy in the sixth degree when, with intent
that conduct constituting a crime be performed, he agrees with one or
more persons to engage in or cause the performance of such conduct.
  Conspiracy in the sixth degree is a class B misdemeanor.

S 105.05 Conspiracy in the fifth degree.
  A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
  1. a felony be performed, he agrees with one or more persons to engage
in or cause the performance of such conduct; or
  2. a crime be performed, he, being over eighteen years of age, agrees
with one or more persons under sixteen years of age to engage in or
cause the performance of such conduct.
  Conspiracy in the fifth degree is a class A misdemeanor.

S 105.10 Conspiracy in the fourth degree.
  A person is guilty of conspiracy in the fourth degree when, with
intent that conduct constituting:
  1. a class B or class C felony be performed, he or she agrees with one
or more persons to engage in or cause the performance of such conduct;
or
  2. a felony be performed, he or she, being over eighteen years of age,
agrees with one or more persons under sixteen years of age to engage in
or cause the performance of such conduct; or
  3. the felony of money laundering in the third degree as defined in
section 470.10 of this chapter, be performed, he or she agrees with one
or more persons to engage in or cause the performance of such conduct.
  Conspiracy in the fourth degree is a class E felony.

S 105.13 Conspiracy in the third degree.
  A person is guilty of conspiracy in the third degree when, with intent
that conduct constituting a class B or a class C felony be performed,
he, being over eighteen years of age, agrees with one or more persons
under sixteen years of age to engage in or cause the performance of such
conduct.
  Conspiracy in the third degree is a class D felony.

S 105.15 Conspiracy in the second degree.
  A person is guilty of conspiracy in the second degree when, with
intent that conduct constituting a class A felony be performed, he
agrees with one or more persons to engage in or cause the performance of
such conduct.
  Conspiracy in the second degree is a class B felony.

S 105.17 Conspiracy in the first degree.
  A person is guilty of conspiracy in the first degree when, with intent
that conduct constituting a class A felony be performed, he, being over
eighteen years of age, agrees with one or more persons under sixteen
years of age to engage in or cause the performance of such conduct.
  Conspiracy in the first degree is a class A-I felony.

S 105.20 Conspiracy; pleading and proof; necessity of overt act.
  A person shall not be convicted of conspiracy unless an overt act is
alleged and proved to have been committed by one of the conspirators in
furtherance of the conspiracy.

S 105.25 Conspiracy; jurisdiction and venue.
  1. A person may be prosecuted for conspiracy in the county in which he
entered into such conspiracy or in any county in which an overt act in
furtherance thereof was committed.
  2. An agreement made within this state to engage in or cause the
performance of conduct in another jurisdiction is punishable herein as a
conspiracy only when such conduct would constitute a crime both under
the laws of this state if performed herein and under the laws of the
other jurisdiction if performed therein.
  3. An agreement made in another jurisdiction to engage in or cause the
performance of conduct within this state, which would constitute a crime
herein, is punishable herein only when an overt act in furtherance of
such conspiracy is committed within this state. Under such
circumstances, it is no defense to a prosecution for conspiracy that the
conduct which is the objective of the conspiracy would not constitute a
crime under the laws of the other jurisdiction if performed therein.

S 105.30 Conspiracy; no defense.
  It is no defense to a prosecution for conspiracy that, owing to
criminal irresponsibility or other legal incapacity or exemption, or to
unawareness of the criminal nature of the agreement or the object
conduct or of the defendant`s criminal purpose or to other factors
precluding the mental state required for the commission of conspiracy or
the object crime, one or more of the defendant`s co-conspirators could
not be guilty of conspiracy or the object crime.

S 105.35 Conspiracy; enterprise corruption: applicability.
  For purposes of this article, conspiracy to commit the crime of
enterprise corruption in violation of section 460.20 of this chapter
shall not constitute an offense.

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