(a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:

1. (1) a Level 2 felony if the conspiracy does not result in the death of a person; and
2. (2) a Level 1 felony if the conspiracy results in the death of another person.

(c) It is no defense that the person with whom the accused person is alleged to have conspired:

1. (1) has not been prosecuted;
2. (2) has not been convicted;
3. (3) has been acquitted;
4. (4) has been convicted of a different crime;
5. (5) cannot be prosecuted for any reason; or

6. (6) lacked the capacity to commit the crime.

   As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.23; P.L.158-2013, SEC.409.