H-0427.1          _______________________________________________

 

                                  HOUSE BILL 1049

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By Representatives Padden and Schoesler

 

Prefiled 01/06/95.  Read first time 01/09/95.  Referred to Committee on Law and Justice.

 

Removing a defense to the crime of criminal conspiracy.



     AN ACT Relating to criminal conspiracy; and amending RCW 9A.28.040.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 9A.28.040 and 1975 1st ex.s. c 260 s 9A.28.040 are each amended to read as follows:

     (1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

     (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

     (a) Has not been prosecuted or convicted; or

     (b) Has been convicted of a different offense; or

     (c) Is not amenable to justice; or

     (d) Has been acquitted; or

     (e) Lacked the capacity to commit an offense; or

     (f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.

     (3) Criminal conspiracy is a:

     (a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;

     (b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;

     (c) Class C felony when an object of the conspiratorial agreement is a class B felony;

     (d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;

     (e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.

 


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