§ 45-4-102 — Conspiracy

Montana § 45-4-102

• Jurisdiction: Montana
• Title 45: CRIMES
• Ch. 4: INCHOATE OFFENSES
• Part 1: Enumeration of Offenses and Extent of Liability

Text

45-4-102 . Conspiracy. (1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator.
(2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired:
(a) has not been prosecuted or convicted;
(b) has been convicted of a different offense;
(c) is not amenable to justice;
(d) has been acquitted; or
(e) lacked the capacity to commit the offense.
(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.

Legislative History

En. 94-4-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-102 ; amd. Sec. 1652, Ch. 56, L. 2009.