KANSAS STATUTES AND CODES

21-3302. Conspiracy.

21-3302

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 33.--ANTICIPATORY CRIMES

21-3302. Conspiracy.(a) A conspiracy is an agreement with another person to commit acrime or to assist in committing a crime. No person may beconvicted of a conspiracyunless an overt act in furtherance of such conspiracy is alleged and provedto have been committed by such person or by a co-conspirator.

(b) It shall be a defense to a charge of conspiracy that theaccusedvoluntarily and in good faith withdrew from the conspiracy, andcommunicated the fact of such withdrawal to one or more of theaccused person'sco-conspirators, before any overt act in furtherance of the conspiracy wascommitted by the accused or by a co-conspirator.

(c) Conspiracy to commit an off-grid felony shall be ranked at nondrugseverity level 2. Conspiracy to commit any other nondrug felony shall be rankedon the nondrug scale at two severity levels below the appropriate level for theunderlying or completed crime. The lowest severity level for conspiracy tocommit a nondrug felony shall be level 10. The provisions of this subsectionshall not apply to a violation of conspiracy to commit the crime of terrorismpursuant to K.S.A. 21-3449, and amendments thereto, or of illegaluse of weapons ofmass destruction pursuant to K.S.A. 21-3450, and amendments thereto.

(d) Conspiracy to commit a felony which prescribes a sentence on the druggrid shall reduce the prison term prescribed in the drug grid block for anunderlying or completed crime by six months.

(e) A conspiracy to commit a misdemeanor is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-3302;L. 1992, ch. 239, § 35;L. 1993, ch. 291, § 278;L. 2006, ch. 146, § 6; July 1.