• 2007 - Criminal Conspiracy
  • K-2.06
    • Acquittal
    • Criminal Conspiracy
    • Defenses
    • Introductory Instructions - Special Situations
    • Introductory Instructions - Special Situations

  • A person commits Criminal Conspiracy if that person agrees with one or more persons to engage in or cause conduct constituting an offense, and any one or more of those persons act overtly to effect an objective of the conspiracy. The agreement need not be clearly stated. It may be implicit in the fact of collaboration or existence of other circumstances.

     

    If a person knows or could expect that one with whom that person agrees, has agreed, or will agree with another to effect the same objective, that person is deemed to have agreed with the other, whether or not the other's identity is known.A conspiracy is deemed to continue until its objectives are accomplished, frustrated, or abandoned. "Objectives" include escape from the scene of the crime, distribution of booty, and measures, other than silence, for concealing the crime or obstructing justice in relation to it.

     

    A conspiracy is deemed abandoned if no overt act to effect its objectives has been committed by any conspirator during the applicable period of limitations.

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    • 12.1-06-04
    • Attleson v. Boomgarden, 73 NW2d 448 (ND 1955)
    • Falkenstein v. City of Bismarck, 268 NW2d 787 (ND 1978)
    • Glatt v. Feist, 156 NW2d 819 (ND 1968)
    • Keyes v. Amundson, 391 NW2d 602 (ND 1986
    • Kirton v. Williams Elec. Co-op, Inc., 265 NW2d 702
    • Larson v. Kubisiak, 1997 ND 22, 558 NW2d 852
    • Leake v. Gagert, 175 NW2d 675 (ND 1970)
    • Praus v. Mack, 2001 ND 80, 636 NW2d 239
    • Simon v. Woodland, 179 NW2d 422 (ND 1970)
    • State v. Keller, 2005 ND 86, 695 NW2d 703
    • State v. McKinney, 518 NW2d 696 (ND 1994)
    • State v. Serr, 1998 ND 66, 575 NW2d 896
  • Notes: It is no defense to a prosecution for Criminal Conspiracy that the person with whom the person is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice. Accomplice liability for offenses committed in futherance of the conspiracy is to be determined by the law governing accomplice liability. Conspiracy is an offense of the same class as the crime that was the objective of the conspiracy