Conspiracy: Difference between revisions

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#REDIRECT [[Theories_of_liability#Conspiracy]]
==Statute==
(a) If two or more persons conspire:
 
(1) To commit any crime.
 
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
 
(3) Falsely to move or maintain any suit, action, or proceeding.
 
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
 
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
 
(6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.
 
They are punishable as follows:
 
When they conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, seven, or nine years.
 
When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
 
If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
 
When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
 
When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000).
 
All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done.
 
(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
 
==Conspiracy to commit murder==
 
Conspiracy to commit murder is always conspiracy to commit first-degree murder and thus always a 25-to-life. The statute says, "in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree." (Accord
 
However, conspiracy to commit murder is not a capital offense; special circumstances do not apply to this crime. People v Hernandez (2003) 30 Cal.4th 835, 864–870, disapproved on another ground in People v. Riccardi (2012) 54 Cal.4th 758.
 
[A] conviction of conspiracy to commit murder requires a finding of intent to kill, and cannot be based on a theory of implied malice." (People v. Swain (1996) 12 Cal.4th 593; accord People v. Cortez (1998) 18 Cal.4th 1223.)

Latest revision as of 22:34, 28 October 2023

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