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(1) agrees with at least two (2) other persons to commit theft; and
(2) performs an overt act in furtherance of the agreement;
commits organized theft, a Level 6 felony.
(b) It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed:
(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.
(c) A person may not be convicted of an offense under this section and:
(1) an attempt to commit theft; or
(2) a conspiracy to commit theft;
with respect to the same underlying theft.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-43-2-2.1 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-43-2-2-1/
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