2006 Ohio Revised Code - 2923.01. Conspiracy.

§ 2923.01. Conspiracy.
 

(A)  No person, with purpose to commit or to promote or facilitate the commission of aggravated murder, murder, kidnapping, compelling prostitution, promoting prostitution, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, engaging in a pattern of corrupt activity, corrupting another with drugs, a felony drug trafficking, manufacturing, processing, or possession offense, theft of drugs, or illegal processing of drug documents, the commission of a felony offense of unauthorized use of a vehicle, illegally transmitting multiple commercial electronic mail messages or unauthorized access of a computer in violation of section 2923.421 [2923.42.1] of the Revised Code, or the commission of a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes, shall do either of the following: 

(1) With another person or persons, plan or aid in planning the commission of any of the specified offenses; 

(2) Agree with another person or persons that one or more of them will engage in conduct that facilitates the commission of any of the specified offenses. 

(B)  No person shall be convicted of conspiracy unless a substantial overt act in furtherance of the conspiracy is alleged and proved to have been done by the accused or a person with whom the accused conspired, subsequent to the accused's entrance into the conspiracy. For purposes of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed. 

(C)  When the offender knows or has reasonable cause to believe that a person with whom the offender conspires also has conspired or is conspiring with another to commit the same offense, the offender is guilty of conspiring with that other person, even though the other person's identity may be unknown to the offender. 

(D)  It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the conspiracy was impossible under the circumstances. 

(E)  A conspiracy terminates when the offense or offenses that are its objects are committed or when it is abandoned by all conspirators. In the absence of abandonment, it is no defense to a charge under this section that no offense that was the object of the conspiracy was committed. 

(F)  A person who conspires to commit more than one offense is guilty of only one conspiracy, when the offenses are the object of the same agreement or continuous conspiratorial relationship. 

(G)  When a person is convicted of committing or attempting to commit a specific offense or of complicity in the commission of or attempt to commit the specific offense, the person shall not be convicted of conspiracy involving the same offense. 

(H) (1)  No person shall be convicted of conspiracy upon the testimony of a person with whom the defendant conspired, unsupported by other evidence. 

(2) If a person with whom the defendant allegedly has conspired testifies against the defendant in a case in which the defendant is charged with conspiracy and if the testimony is supported by other evidence, the court, when it charges the jury, shall state substantially the following: 

"The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice's complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a witness may affect the witness' credibility and make the witness' testimony subject to grave suspicion, and require that it be weighed with great caution. 

It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth." 

(3) "Conspiracy," as used in division (H)(1) of this section, does not include any conspiracy that results in an attempt to commit an offense or in the commission of an offense. 

(I)  The following are affirmative defenses to a charge of conspiracy: 

(1) After conspiring to commit an offense, the actor thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purpose. 

(2) After conspiring to commit an offense, the actor abandoned the conspiracy prior to the commission of or attempt to commit any offense that was the object of the conspiracy, either by advising all other conspirators of the actor's abandonment, or by informing any law enforcement authority of the existence of the conspiracy and of the actor's participation in the conspiracy. 

(J)  Whoever violates this section is guilty of conspiracy, which is one of the following: 

(1) A felony of the first degree, when one of the objects of the conspiracy is aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life; 

(2) A felony of the next lesser degree than the most serious offense that is the object of the conspiracy, when the most serious offense that is the object of the conspiracy is a felony of the first, second, third, or fourth degree; 

(3) A felony punishable by a fine of not more than twenty-five thousand dollars or imprisonment for not more than eighteen months, or both, when the offense that is the object of the conspiracy is a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes; 

(4) A misdemeanor of the first degree, when the most serious offense that is the object of the conspiracy is a felony of the fifth degree. 

(K)  This section does not define a separate conspiracy offense or penalty where conspiracy is defined as an offense by one or more sections of the Revised Code, other than this section. In such a case, however: 

(1) With respect to the offense specified as the object of the conspiracy in the other section or sections, division (A) of this section defines the voluntary act or acts and culpable mental state necessary to constitute the conspiracy; 

(2) Divisions (B) to (I) of this section are incorporated by reference in the conspiracy offense defined by the other section or sections of the Revised Code. 

(L) (1)  In addition to the penalties that otherwise are imposed for conspiracy, a person who is found guilty of conspiracy to engage in a pattern of corrupt activity is subject to divisions (B)(2), (3), (4), and (5) of section 2923.32 of the Revised Code. 

(2) If a person is convicted of or pleads guilty to conspiracy and if the most serious offense that is the object of the conspiracy is a felony drug trafficking, manufacturing, processing, or possession offense, in addition to the penalties or sanctions that may be imposed for the conspiracy under division (J)(2) or (4) of this section and Chapter 2929. of the Revised Code, both of the following apply: 

(a) The provisions of divisions (D), (F), and (G) of section 2925.03, division (D) of section 2925.04, division (D) of section 2925.05, division (D) of section 2925.06, and division (E) of section 2925.11 of the Revised Code that pertain to mandatory and additional fines, driver's or commercial driver's license or permit suspensions, and professionally licensed persons and that would apply under the appropriate provisions of those divisions to a person who is convicted of or pleads guilty to the felony drug trafficking, manufacturing, processing, or possession offense that is the most serious offense that is the basis of the conspiracy shall apply to the person who is convicted of or pleads guilty to the conspiracy as if the person had been convicted of or pleaded guilty to the felony drug trafficking, manufacturing, processing, or possession offense that is the most serious offense that is the basis of the conspiracy. 

(b) The court that imposes sentence upon the person who is convicted of or pleads guilty to the conspiracy shall comply with the provisions identified as being applicable under division (L)(2) of this section, in addition to any other penalty or sanction that it imposes for the conspiracy under division (J)(2) or (4) of this section and Chapter 2929. of the Revised Code. 

(M)  As used in this section: 

(1) "Felony drug trafficking, manufacturing, processing, or possession offense" means any of the following that is a felony: 

(a) A violation of section 2925.03, 2925.04, 2925.05, or 2925.06 of the Revised Code; 

(b) A violation of section 2925.11 of the Revised Code that is not a minor drug possession offense. 

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 136 v H 300 (Eff 7-1-76); 139 v H 108 (Eff 6-23-82); 139 v S 199 (Eff 7-1-83); 140 v S 210 (Eff 7-1-83); 140 v H 651 (Eff 10-1-84); 141 v H 5 (Eff 1-1-86); 141 v H 338 (Eff 9-17-86); 141 v H 428 (Eff 12-23-86); 146 v S 2 (Eff 7-1-96); 146 v H 125 (Eff 7-1-96); 146 v S 269. Eff 7-1-96; 149 v S 123, § 1, eff. 1-1-04; 150 v H 383, § 1, eff. 5-6-05.
 

The effective date is set by section 4 of S.B. 123. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

The provisions of § 8 of S.B. 123 read as follows: 

SECTION 8. Section 2923.01 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 125 and Am. Sub. S.B. 269 of the 121st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

 

Effect of Amendments

150 v H 383, effective May 6, 2005, inserted "illegally transmitting multiple commercial electronic mail messages or unauthorized access of a computer in violation of section 2923.421 of the Revised Code" in the introductory language of (A). 

S.B. 123, Acts 2002, effective January 1, 2004, in (L)(2)(a), deleted "revocations or" preceding "suspensions" and "or persons who have been admitted to the bar by order of the supreme court" following "professionally licensed persons"; deleted "defined" preceding "in section 2925.01"; and made minor stylistic changes. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section defines the offense of conspiracy to commit specific crimes, including murder, certain prostitution offenses, arson, robbery, burglary, and a felony offense of unauthorized use of a vehicle. The section also details various rules, exceptions, and defenses, and makes these applicable to other conspiracy offenses defined in the Revised Code. 

The elements of an offense under this section are a plan or agreement to commit one of the specified crimes, coupled with an overt act substantial enough to show an intention to carry the conspiracy through to completion. 

Conspirators often take pains to mask their identity from all but a few co-conspirators, and the section provides that when a conspirator knows of the participation of others in the scheme, he is guilty of conspiring with them whether he knows of their identity or not. Also, if hindsight shows that under the circumstances the crime which was the object of the conspiracy could not have been committed, this does not relieve the conspirators of liability for planning and acting to execute the crime. 

By its nature, a conspiracy is a course of conduct rather than a single act or omission, and the section spells out that a conspiracy terminates when its object is accomplished or when it is abandoned by all conspirators. If there is no abandonment, a conspirator cannot defend on the ground that no offense which was the object of the conspiracy was actually committed. 

The section also states that even though a conspiracy may include plans to commit more than one offense, it is still one conspiracy when these offenses are part of the same plan, agreement, or continuous conspiratorial relationship. The section prohibits conviction of conspiracy to commit an offense, when the offender is convicted of committing or attempting to commit, or of complicity in committing or attempting to commit the same offense. Also, the section provides that a person may not be convicted of conspiracy upon the uncorroborated evidence of a co-conspirator. 

Defenses to conspiracy include: (1) that a conspirator prevented the success of the conspiracy under circumstances showing that he had completely and voluntarily renounced his criminal plan; or (2) that the conspirator divorced himself from the plan prior to an attempt to commit, or commission of any crime which was the object of the conspiracy, either by telling all the conspirators of his abandonment or by informing law enforcement authorities of the plan and his part in it. 

Although this section does not replace any other conspiracy offenses defined in the Revised Code, the rules, exceptions, and defenses defined in this section are expressly made applicable to such other offenses. 

Conspiracy is: a felony of the first degree if its object is aggravated murder or murder; a felony of the next lesser degree if its object is a felony of the first, second, or third degree; and a first degree misdemeanor if its object was a fourth degree felony.