CHAPTER 706 CONSPIRACY
706.1 CONSPIRACY.
706.2 LOCUS OF CONSPIRACY.
706.3 PENALTIES.
706.4 MULTIPLE CONVICTIONS.



        

706.1 CONSPIRACY. 1. A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following: a. Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime. b. Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime. 2. It is not necessary for the conspirator to know the identity of each and every conspirator. 3. A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means. 4. A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.

         Section History: Early Form

         [C51, § 2758, 2996; R60, § 4408, 4790; C73, § 4087, 4425; C97, §
      5059, 5490; C24, 27, 31, 35, 39, § 13162, 13902; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, § 719.1, 782.6; C79, 81, § 706.1] 

         Section History: Recent Form

         87 Acts, ch 129, §1
        

706.2 LOCUS OF CONSPIRACY. A person commits a conspiracy in any county where the person is physically present when the person makes such agreement or combination, and in any county where the person with whom the person makes such agreement or combination is physically present at such time, whether or not any of the other conspirators are also present in that county or in this state, and in any county in which any criminal act is done by any person pursuant to the conspiracy, whether or not the person is or has ever been present in such county; provided, that a person may not be prosecuted more than once for a conspiracy based on the same agreement or combination.

         Section History: Early Form

         [C79, 81, § 706.2]
        

706.3 PENALTIES. A person who commits a conspiracy to commit a forcible felony is guilty of a class "C" felony. A person who commits a conspiracy to commit a felony, other than a forcible felony, is guilty of a class "D" felony. A person who commits a conspiracy to commit a misdemeanor is guilty of a misdemeanor of the same class.

         Section History: Early Form

         [C51, § 2758; R60, § 4408; C73, § 4087; C97, § 5059; C24, 27, 31,
      35, 39, § 13162; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      719.1; C79, 81, § 706.3]
         See § 702.11
        

706.4 MULTIPLE CONVICTIONS. A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy. A person may not be convicted and sentenced for both the conspiracy and for the public offense.

         Section History: Early Form

         [C79, 81, § 706.4]

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