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KRS 506.040

Criminal conspiracy

Applied in 12 court decisions — leading case United States v. Garcia-Santana (2014)

Most recently applied in Iris Jennings v. Commonwealth of Kentucky (June 2016)

Effective: July 15, 2024 History: Amended 2024 Ky

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he:

(a) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or (b) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime.

(2) Except as provided in subsection (3) of this section, or in a specific statute to the contrary, a criminal conspiracy is a:

(a) Class C felony when the conspiratorial agreement is a violation of KRS 521.020 or 521.050;

(b) Class B felony when the object of the conspiratorial agreement is a Class A felony or capital offense;

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

(d) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony;

(e) Class B misdemeanor when the object of the conspiratorial agreement is a misdemeanor.

(3) Any person who is eighteen (18) years of age or older who engages in a criminal conspiracy with a minor shall be charged one (1) level higher than the level provided for the offense which is the object of the conspiratorial agreement.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.