564.016. Conspiracy. - Missouri Statutes

Conspiracy.

564.016. 1. A person is guilty of conspiracy with anotherperson or persons to commit an offense if, with the purpose ofpromoting or facilitating its commission he agrees with suchother person or persons that they or one or more of them willengage in conduct which constitutes such offense.

2. If a person guilty of conspiracy knows that a person withwhom he conspires to commit an offense has conspired with anotherperson or persons to commit the same offense, he is guilty ofconspiring with such other person or persons to commit suchoffense, whether or not he knows their identity.

3. If a person conspires to commit a number of offenses, heis guilty of only one conspiracy so long as such multipleoffenses are the object of the same agreement.

4. No person may be convicted of conspiracy to commit anoffense unless an overt act in pursuance of such conspiracy isalleged and proved to have been done by him or by a person withwhom he conspired.

5. (1) No one shall be convicted of conspiracy if, afterconspiring to commit the offense, he prevented the accomplishmentof the objectives of the conspiracy under circumstancesmanifesting a renunciation of his criminal purpose.

(2) The defendant shall have the burden of injecting theissue of renunciation of criminal purpose under subdivision (1)of this subsection.

6. For the purpose of time limitations on prosecutions:

(1) Conspiracy is a continuing course of conduct whichterminates when the offense or offenses which are its object arecommitted or the agreement that they be committed is abandoned bythe defendant and by those with whom he conspired.

(2) If an individual abandons the agreement, the conspiracyis terminated as to him only if he advises those with whom he hasconspired of his abandonment or he informs the law enforcementauthorities of the existence of the conspiracy and of hisparticipation in it.

7. A person may not be charged, convicted or sentenced onthe basis of the same course of conduct of both the actualcommission of an offense and a conspiracy to commit that offense.

8. Unless otherwise provided, a conspiracy to commit anoffense is a:

(1) Class B felony if the object of the conspiracy is aclass A felony.

(2) Class C felony if the object of the conspiracy is aclass B felony.

(3) Class D felony if the object of the conspiracy is aclass C felony.

(4) Class A misdemeanor if the object of the conspiracy is aclass D felony.

(5) Class C misdemeanor if the object of the conspiracy is amisdemeanor of any degree or an infraction.

(L. 1977 S.B. 60)

Effective 1-1-79

(1985) Subdivision (7) of section 564.016, RSMo, providing that a person shall not be convicted or sentenced on the basis of the course of conduct and conspiracy to commit that offense did not protect defendant from convictions of both conspiracy and first-degree assault, where the purpose of the conspiracy was murder of one individual and the assault was perpetrated on another individual, shot mistakenly. State v. Cornman (Mo.banc), 695 S.W.2d 443.