S-0583.1  _______________________________________________

                         SENATE BILL 5085

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Roach, Swecker, McCaslin and Winsley

Read first time 01/14/97.  Referred to Committee on Law & 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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