Article 105: Conspiracy

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:

Article 105: Conspiracy and related charges

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.

NY Penal Law § 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.

NY Penal Law § 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.

NY Penal Law § 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.

NY Penal Law § 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.

NY Penal Law § 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.

NY Penal Law § 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.

NY Penal Law § 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.

NY Penal Law § 105.25

Conspiracy; jurisdiction and venue.

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.
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.
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.

NY Penal Law § 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.

NY Penal Law § 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.