2005 Missouri Revised Statutes - § 564.016. — Conspiracy.
564.016. 1. A person is guilty of conspiracy with another person or persons to commit an offense if, with the purpose of promoting or facilitating its commission he agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such offense.
2. If a person guilty of conspiracy knows that a person with whom he conspires to commit an offense has conspired with another person or persons to commit the same offense, he is guilty of conspiring with such other person or persons to commit such offense, whether or not he knows their identity.
3. If a person conspires to commit a number of offenses, he is guilty of only one conspiracy so long as such multiple offenses are the object of the same agreement.
4. No person may be convicted of conspiracy to commit an offense unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.
5. (1) No one shall be convicted of conspiracy if, after conspiring to commit the offense, he prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his criminal purpose.
(2) The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under subdivision (1) of this subsection.
6. For the purpose of time limitations on prosecutions:
(1) Conspiracy is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.
(2) If an individual abandons the agreement, the conspiracy is terminated as to him only if he advises those with whom he has conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation in it.
7. A person may not be charged, convicted or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense.
8. Unless otherwise provided, a conspiracy to commit an offense is a:
(1) Class B felony if the object of the conspiracy is a class A felony.
(2) Class C felony if the object of the conspiracy is a class B felony.
(3) Class D felony if the object of the conspiracy is a class C felony.
(4) Class A misdemeanor if the object of the conspiracy is a class D felony.
(5) Class C misdemeanor if the object of the conspiracy is a misdemeanor of any degree or an infraction.
(L. 1977 S.B. 60)
(1985) Subdivision (7) of section 564.016, RSMo, providing that a person shall not be convicted or sentenced on the basis of the course of conduct and conspiracy to commit that offense did not protect defendant from convictions of both conspiracy and first-degree assault, where the purpose of the conspiracy was murder of one individual and the assault was perpetrated on another individual, shot mistakenly. State v. Cornman (Mo. banc), 695 S.W.2d 443.
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