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CHAPTER 15. PREPARATORY OFFENSES
§ 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.
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