1. (A) A person commits an offense of conspiracy if he with intent that an offense pursuant to this chapter be committed:

   1. (1) agrees with one or more other persons that they or one or more of them engage in conduct constituting the offense; and
   2. (2) one or more of the persons so agreeing performs an overt act in pursuance of the agreement.
2. (B) An agreement constituting a conspiracy may be inferred from acts of the parties.

3. (C) It is not a defense to prosecution for conspiracy pursuant to this section that:

   1. (1) one or more of the co-conspirators is not criminally responsible for the offense;
   2. (2) one or more of the co-conspirators has been acquitted, if at least two co-conspirators have not been acquitted;
   3. (3) one or more of the co-conspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
   4. (4) the actor belongs to a class of persons, who by definition of the offense, are legally incapable of committing the offense in an individual capacity; or
   5. (5) the offense was not actually committed.
4. (D) A person who commits an offense pursuant to this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned for not more than five years, or both.

HISTORY: 2001 Act No. 59, Section 2.