§ 1-15. Conspiracy.

(a)

A conspiracy is an agreement with another person to violate any ordinance or resolution or to assist another in violating any ordinance or resolution. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by the person or by a co-conspirator.

(b)

It is immaterial to the criminal liability of a person charged with conspiracy that any other person with whom the defendant conspired lacked the actual intent to commit the underlying crime provided that the defendant believed the other person did have the actual intent to commit the underlying crime.

(c)

It is a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy and communicated the fact of such withdrawal to one or more of the person's co-conspirators before any overt act in furtherance of the conspiracy had been committed by the person or by a co-conspirator.

(d)

A conspiracy to commit a violation is a class C violation.

(Code 1964, § 1-17; Code 1988, § 1-17; Ord. No. 64479, § 12, 4-7-1983; Ord. No. 65884, § 1, 3-10-1994; Ord. No. O-36-13, § 4, 6-6-2013)

State law reference

Similar provisions, K.S.A. 21-3302.