Indiana Code Title 35. Criminal Law and Procedure § 35-41-5-2

Sec. 2 . (a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony.  A conspiracy to commit a felony is a felony of the same level as the underlying felony.  However, a conspiracy to commit murder is:

(1) a Level 2 felony if the conspiracy does not result in the death of a person;  and

(2) a Level 1 felony if the conspiracy results in the death of another person.

(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.

(c) It is no defense that the person with whom the accused person is alleged to have conspired:

(1) has not been prosecuted;

(2) has not been convicted;

(3) has been acquitted;

(4) has been convicted of a different crime;

(5) cannot be prosecuted for any reason;  or

(6) lacked the capacity to commit the crime.

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