2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 4 - Criminal Attempt, Conspiracy, and Solicitation
§ 16-4-8. Conspiracy to Commit a Crime
A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.
(Laws 1833, Cobb's 1851 Digest, p. 808; Code 1863, § 4387; Code 1868, § 4425; Code 1873, § 4497; Code 1882, § 4497; Penal Code 1895, § 118; Penal Code 1910, § 120; Code 1933, § 26-1901; Code 1933, § 26-3201, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 14; Ga. L. 1977, p. 601, § 2.)
Law reviews.- For article, "A comprehensive analysis of Georgia RICO," see 9 Ga. St. U. L. Rev 537 (1993). For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- What Constitutes Conspiracy
- Indictment
- Venue
- Jury Charge
RESEARCH REFERENCES
Am. Jur. 2d.
- 16 Am. Jur. 2d, Conspiracy, § 1 et seq.
Handling the Defense in a Conspiracy Prosecution, 20 Am. Jur. Trials 351.
ALR.
- Substitution or attempted substitution of another for one under sentence as a criminal offense, 28 A.L.R. 1381.
Merger of conspiracy in completed offense, 37 A.L.R. 778; 75 A.L.R. 1411.
When does statute of limitations begin to run against civil action or criminal prosecution for conspiracy, 97 A.L.R. 137; 62 A.L.R.2d 1369.
Conspiracy to commit adultery or other offense which can only be committed by the concerted action of the parties to it, 104 A.L.R. 1430.
Criminal responsibility of one who furnishes instrumentality of a kind ordinarily used for legitimate purposes, with knowledge that it is to be used by another for criminal purposes, 108 A.L.R. 331.
Identity, as regards former jeopardy, of offenses charged in different indictments or information for conspiracy, 112 A.L.R. 983.
Conviction or acquittal of attempt to commit particular crime as bar to prosecution for conspiracy to commit same crime, or vice versa, 53 A.L.R.2d 622.
Criminal conspiracies as to gambling, 91 A.L.R.2d 1148.
Jurisdiction to prosecute conspirator who was not in state at time of substantive criminal act, for offense committed pursuant to conspiracy, 5 A.L.R.3d 887.
Insured's co-operation with claimant in establishing valid claim against insurer as breach of co-operation clause, 8 A.L.R.3d 1345.
Actionability of conspiracy to give or to procure false testimony or other evidence, 31 A.L.R.3d 1423.
Criminal liability of corporation for bribery or conspiracy to bribe public official, 52 A.L.R.3d 1274.
Criminal conspiracy between spouses, 74 A.L.R.3d 838.
When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.
Right of defendants in prosecution for criminal conspiracy to separate trials, 82 A.L.R.3d 366.
Right of creditor to recover damages for conspiracy to defraud him of claim, 11 A.L.R.4th 345.
Prosecution or conviction of one conspirator as affected by disposition of case against coconspirators, 19 A.L.R.4th 192.
Propriety of lesser-included-offense charge in state prosecution of narcotics defendant - Marijuana cases, 1 A.L.R.6th 549.
Propriety of lesser-included-offense charge in state prosecution of narcotics defendant - Cocaine cases, 2 A.L.R.6th 551.
When is conspiracy continuing offense for purposes of statute of limitations under 18 USCS § 3282, 109 A.L.R. Fed. 616.
State criminal prosecution against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical services, 79 A.L.R.6th 125.
