![]() ![]() ![]() consenting to burglarize a home and the person calls the house to see if the owners are home.agreeing to set a person’s car on fire and then buying gasoline to start the fire.(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved but other overt acts not alleged may be given in evidence. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5 , the court may impose a fine of up to twenty-five thousand dollars ($25,000).Īll cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done. When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 , or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 , or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. ![]() When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. When they conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170for five, seven, or nine years. (6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States. (5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws. (4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises. (3) Falsely to move or maintain any suit, action, or proceeding. (2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime. The full language of the code section reads as follows:ġ82. In this article, we will quote the language of the code section, and then provide a legal analysis. either you or one of the others commits an act to further that agreement.agree with one or more other people to commit a crime, and.Under California Penal Code § 182 PC, you engage in a criminal conspiracy when you: ![]()
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