What does the Penal Code say about Criminal Conspiracy?
Criminal conspiracy is found in §15.02 of the Texas Penal Code. It reads as follows
Sec. 15.02. CRIMINAL CONSPIRACY
(a) A person commits criminal conspiracy if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy that:
(1) one or more of the coconspirators is not criminally responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor. This subsection does not apply to an offense under Section 76.02.
Criminal conspiracy is found in Chapter 15 of the Penal Code. The crimes that are found in this chapter are known as preparatory offenses. These are also known as inchoate offenses. A preparatory offense is an offense that is not fully formed.
What is the punishment range for Criminal conspiracy?
The punishment range for criminal attempt is one level lower than the underlying offense which makes the punishment range for criminal attempt anywhere between a Class A misdemeanor to a second-degree felony.
For example, if you are charged with conspiracy to commit murder, the punishment range would be that of a second-degree felony which is two to twenty years in the Texas Department of Corrections.
Unlike criminal attempt, a person cannot commit a conspiracy to commit a misdemeanor. It only applies to felony level cases.
Can I get probation for Criminal conspiracy?
Yes, either a judge[1] or a jury[2] can give you community supervision if you are charged with criminal conspiracy.
It is important to keep in mind that your sentence must be less than ten years to be eligible for community supervision. There could be other limits to community supervision depending on the underlying offense.[3]
What is the Statute of Limitations for Criminal Attempt?
The Statute of Limitations for criminal conspiracy is the same as that of the underlying offense.[4]
Explain it to me like I’m five!
“One person acting alone cannot commit conspiracy. The rule has evolved that, ‘inasmuch as two persons are necessary to a conspiracy, if two are tried and one is acquitted, the other must also be acquitted.”[5]
The Texas Legislature recently[6] made some changes to the conspiracy law. It added the language [t]his subsection does not apply to an offense under Section 76.02. This is because Texas enacted a new terrorism law that has conspiracy language in it. It makes the punishment range one level higher.
Penal code 7.02 also was clarified this past session to define conspiracy. If a coconspirator commits a different felony than the one conspired to, all coconspirators are guilty of the new felony. For example, if John and Joe conspire to rob a bank, but Joe decides to steal a getaway car in the process John will also be guilty of either unauthorized use of a motor vehicle or theft of property[7]
It is important to remember that the felony need not actually be committed for you to be convicted of conspiracy. The formula is agreement + overt act = guilty. This is why criminal conspiracy is found in the preparatory offenses. The overt act is probably akin to whatever a person could do to be found guilty under criminal attempt. It is not defined. The agreement is usually proven on the actions of the individuals because most criminals do not enter a written contract to commit a crime.[8]
Criminal conspiracy is not a crime that is seen that often in my jurisdiction. Criminal conspiracy has a big brother crime, Engaging in Organized Crime[9]. This crime has several flavors but typically needs three or more people. The reason this crime is indicted more often is because it enhances the punishment range rather than reducing it.
Conclusion
Please keep in mind that the state of the law is always changing whether by case law or through legislation. While the information on this blog is correct at the time of posting, it could change at the time of reading.
If you are charged with a crime, it is important to contact an experienced criminal defense attorney.
[1] Texas Code of Criminal Procedure 42A.053-42A.054
[2] Texas Code of Criminal Procedure 42A.055-42A.056
[3] Texas Code of Criminal Procedure 42A.054 and 42A.056
[4] Texas Penal Code 12.03(a)
[5] Barber v. State, 764 S.W.2d 232, 234
[6] 88th Texas Legislative session (2023)
[7] The degree depends on how nice of a car was stolen.
[8] And if you do please stop
[9] Chapter 71 of the Texas Penal Code
