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In New York law, Article 105 refers to conspiracy and related conspiracy charges. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.
The complete law is as follows:
105.00 Conspiracy in the sixth degree. 105.05 Conspiracy in the fifth degree. 105.10 Conspiracy in the fourth degree. 105.13 Conspiracy in the third degree. 105.15 Conspiracy in the second degree. 105.17 Conspiracy in the first degree. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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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