1. (a) A person who, with the intent to commit theft under section 2 of this chapter:

   1. (1) agrees with at least two (2) other persons to commit theft; and

   2. (2) performs an overt act in furtherance of the agreement;

      commits organized theft, a Level 6 felony.

2. (b) It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed:

   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.

3. (c) A person may not be convicted of an offense under this section and:

   1. (1) an attempt to commit theft; or

   2. (2) a conspiracy to commit theft;

      with respect to the same underlying theft.

As added by P.L.148-2024, SEC.26.