2C:5-2
Conspiracy.
Generally, a conspiracy is a crime of the same grade and degree as the crime which is the object of the conspiracy, except a conspiracy to commit a crime of the first degree is a crime of the second degree.
Conspiracy.
Generally, a conspiracy is a crime of the same grade and degree as the crime which is the object of the conspiracy, except a conspiracy to commit a crime of the first degree is a crime of the second degree.
a. Definition of conspiracy. A person is guilty
of conspiracy with another person or persons to commit a crime if with the
purpose of promoting or facilitating its commission he:
(1)
Agrees with such other
person or persons that they or one or more of them will engage in conduct which
constitutes such crime or an attempt or solicitation to commit such crime; or
(2)
Agrees to aid such other
person or persons in the planning or commission of such crime or of an attempt
or solicitation to commit such crime.
b.
Scope of conspiratorial
relationship. If a person guilty of conspiracy, as defined by subsection
a. of this section, knows that a person with whom he conspires to commit a
crime has conspired with another person or persons to commit the same crime, he
is guilty of conspiring with such other person or persons, whether or not he
knows their identity, to commit such crime.
c.
Conspiracy with multiple
objectives. If a person conspires to commit a number of crimes, he is
guilty of only one conspiracy so long as such multiple crimes are the object of
the same agreement or continuous conspiratorial relationship. It shall
not be a defense to a charge under this section that one or more of the objectives
of the conspiracy was not criminal; provided that one or more of its objectives
or the means of promoting or facilitating an objective of the conspiracy is
criminal.
d.
Overt act. No
person may be convicted of conspiracy to commit a crime other than a crime of
the first or second degree or distribution or possession with intent to
distribute a controlled dangerous substance or controlled substance analog as
defined in chapter 35 of this title, unless an overt act in pursuance of such
conspiracy is proved to have been done by him or by a person with whom he
conspired.
e.
Renunciation of
purpose. It is an affirmative defense which the actor must prove by a
preponderance of the evidence that he, after conspiring to commit a crime,
informed the authority of the existence of the conspiracy and his participation
therein, and thwarted or caused to be thwarted the commission of any offense in
furtherance of the conspiracy, under circumstances manifesting a complete and
voluntary renunciation of criminal purpose as defined in N.J.S.2C:5-1d.;
provided, however, that an attempt as defined in N.J.S.2C:5-1 shall not be
considered an offense for purposes of renunciation under this subsection.
f.
Duration of
conspiracy. For the purpose of N.J.S.2C:1-6d.:
(1)
Conspiracy is a
continuing course of conduct which terminates when the crime or crimes which
are its object are committed or the agreement that they be committed is
abandoned by the defendant and by those with whom he conspired; and
(2)
Such abandonment is
presumed with respect to a crime other than one of the first or second degree
if neither the defendant nor anyone with whom he conspired does any overt act
in pursuance of the conspiracy during the applicable period of limitation; and
(3)
If an individual
abandons the agreement, the conspiracy is terminated as to him only if and when
he advises those with whom he conspired of his abandonment or he informs the
law enforcement authorities of the existence of the conspiracy and of his
participation therein.
g.
Leader of organized
crime. A person is a leader of organized crime if he purposefully
conspires with others as an organizer, supervisor, manager or financier to
commit a continuing series of crimes which constitute a pattern of racketeering
activity under the provisions of N.J.S. 2C:41-1, provided, however, that
notwithstanding 2C:1-8a. (2), a conviction of leader of organized crime shall
not merge with the conviction of any other crime which constitutes racketeering
activity under 2C:41-1. As used in this section, "financier"
means a person who provides money, credit or a thing of value with the purpose
or knowledge that it will be used to finance or support the operations of a
conspiracy to commit a series of crimes which constitute a pattern of
racketeering activity, including but not limited to the purchase of materials
to be used in the commission of crimes, buying or renting housing or vehicles,
purchasing transportation for members of the conspiracy or otherwise facilitating
the commission of crimes which constitute a pattern of racketeering activity.
(1)Agrees with such other
person or persons that they or one or more of them will engage in conduct which
constitutes such crime or an attempt or solicitation to commit such crime; or
(2)Agrees to aid such other
person or persons in the planning or commission of such crime or of an attempt
or solicitation to commit such crime.
b.Scope of conspiratorial
relationship. If a person guilty of conspiracy, as defined by subsection
a. of this section, knows that a person with whom he conspires to commit a
crime has conspired with another person or persons to commit the same crime, he
is guilty of conspiring with such other person or persons, whether or not he
knows their identity, to commit such crime.
c.Conspiracy with multiple
objectives. If a person conspires to commit a number of crimes, he is
guilty of only one conspiracy so long as such multiple crimes are the object of
the same agreement or continuous conspiratorial relationship. It shall
not be a defense to a charge under this section that one or more of the objectives
of the conspiracy was not criminal; provided that one or more of its objectives
or the means of promoting or facilitating an objective of the conspiracy is
criminal.
d.Overt act. No
person may be convicted of conspiracy to commit a crime other than a crime of
the first or second degree or distribution or possession with intent to
distribute a controlled dangerous substance or controlled substance analog as
defined in chapter 35 of this title, unless an overt act in pursuance of such
conspiracy is proved to have been done by him or by a person with whom he
conspired.
e.Renunciation of
purpose. It is an affirmative defense which the actor must prove by a
preponderance of the evidence that he, after conspiring to commit a crime,
informed the authority of the existence of the conspiracy and his participation
therein, and thwarted or caused to be thwarted the commission of any offense in
furtherance of the conspiracy, under circumstances manifesting a complete and
voluntary renunciation of criminal purpose as defined in N.J.S.2C:5-1d.;
provided, however, that an attempt as defined in N.J.S.2C:5-1 shall not be
considered an offense for purposes of renunciation under this subsection.
f.Duration of
conspiracy. For the purpose of N.J.S.2C:1-6d.:
(1)Conspiracy is a
continuing course of conduct which terminates when the crime or crimes which
are its object are committed or the agreement that they be committed is
abandoned by the defendant and by those with whom he conspired; and
(2)Such abandonment is
presumed with respect to a crime other than one of the first or second degree
if neither the defendant nor anyone with whom he conspired does any overt act
in pursuance of the conspiracy during the applicable period of limitation; and
(3)If an individual
abandons the agreement, the conspiracy is terminated as to him only if and when
he advises those with whom he conspired of his abandonment or he informs the
law enforcement authorities of the existence of the conspiracy and of his
participation therein.
g.Leader of organized
crime. A person is a leader of organized crime if he purposefully
conspires with others as an organizer, supervisor, manager or financier to
commit a continuing series of crimes which constitute a pattern of racketeering
activity under the provisions of N.J.S. 2C:41-1, provided, however, that
notwithstanding 2C:1-8a. (2), a conviction of leader of organized crime shall
not merge with the conviction of any other crime which constitutes racketeering
activity under 2C:41-1. As used in this section, "financier"
means a person who provides money, credit or a thing of value with the purpose
or knowledge that it will be used to finance or support the operations of a
conspiracy to commit a series of crimes which constitute a pattern of
racketeering activity, including but not limited to the purchase of materials
to be used in the commission of crimes, buying or renting housing or vehicles,
purchasing transportation for members of the conspiracy or otherwise facilitating
the commission of crimes which constitute a pattern of racketeering activity.
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