SB 19: "An Act relating to the crime of conspiracy."

00 SENATE BILL NO. 19                                                                                                      
01 "An Act relating to the crime of conspiracy."                                                                           
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.31 is amended by adding a new section to read:                                                   
04  Sec. 11.31.120.  CONSPIRACY.  (a)  An offender commits the crime of                                                   
05 conspiracy if, with the intent to promote or facilitate a serious felony offense, the                                   
06 offender agrees with one or more persons to engage in or cause the performance of                                       
07 that activity and the offender or one of the persons does an overt act in furtherance of                                
08 the conspiracy.                                                                                                         
09  (b)  If an offender commits the crime of conspiracy and knows that a person                                           
10 with whom the offender conspires to commit a serious felony offense has conspired                                       
11 or will conspire with another person or persons to commit the same serious felony                                       
12 offense, the offender is guilty of conspiring with that other person or persons to                                      
13 commit that crime whether or not the offender knows their identities.                                                   
14  (c)  In a prosecution under this section, it is not a defense                                                         
01   (1)  that the defendant belongs to a class of persons who by definition                                              
02 are legally incapable in an individual capacity of committing the crime that is the                                     
03 object of the conspiracy; or                                                                                            
04   (2)  that a person with whom the defendant conspires could not be                                                    
05 guilty of the crime that is the object of the conspiracy because of                                                     
06   (A)  lack of criminal responsibility or other legal incapacity or                                                   
07 exemption;                                                                                                              
08   (B)  unawareness of the criminal nature of the conduct in                                                           
09 question or of the criminal purpose of the defendant; or                                                                
10   (C)  any other factor precluding the culpable mental state                                                          
11 required for the commission of the crime.                                                                               
12  (d)  If the offense that the conspiracy is intended to promote or facilitate is                                       
13 actually committed, a defendant may not be convicted of conspiring to commit that                                       
14 offense with another person for whose conduct the defendant is not legally accountable                                  
15 under AS 11.16.120(b).                                                                                                  
16  (e)  In a prosecution under this section, it is an affirmative defense that the                                       
17 defendant, under circumstances manifesting a voluntary and complete renunciation of                                     
18 the defendant's criminal intent, either (1) gave timely warning to law enforcement                                      
19 authorities; or (2) otherwise made proper effort that prevented the commission of the                                   
20 crime that was the object of the conspiracy.  Renunciation by one conspirator does not                                  
21 affect the liability of another conspirator who does not join in the renunciation.                                      
22  (f)  Conspiracy is                                                                                                    
23   (1)  an unclassified felony if the object of the conspiracy is murder in                                             
24 the first degree;                                                                                                       
25   (2)  a class A felony if the object of the conspiracy is a crime                                                     
26 punishable as an unclassified felony other than murder in the first degree;                                             
27   (3)  a class B felony if the object of the conspiracy is a crime                                                     
28 punishable as a class A felony;                                                                                         
29   (4)  a class C felony if the object of the conspiracy is a crime                                                     
30 punishable as a class B felony.                                                                                         
31  (g)  In this section, "serious felony offense" means an offense                                                       
01   (1)  against the person under AS 11.41, punishable as an unclassified                                                
02 or class A felony; or                                                                                                   
03   (2)  involving controlled substances under AS 11.71, punishable as an                                                
04 unclassified, class A, or class B felony.                                                                               
05    * Sec. 2.  AS 11.31.140(a) is amended to read:                                                                       
06  (a)  It is not a defense to a prosecution under AS 11.31.100 - 11.31.120 [AS                                        
07 11.31.100 OR AS 11.31.110] that the crime the defendant attempted to commit,                                           
08 solicited to commit, or conspired to commit [THAT IS THE OBJECT OF THE                                                 
09 ATTEMPT OR SOLICITATION] was actually committed pursuant to the attempt,                                               
10 solicitation, or conspiracy [OR SOLICITATION].                                                                         
11    * Sec. 3.  AS 11.31.140(b) is amended to read:                                                                       
12  (b)  A person may not be convicted of more than one crime defined by                                                  
13 AS 11.31.100 - 11.31.120 [AS 11.31.100 OR AS 11.31.110] for conduct designed to                                       
14 commit or culminate in commission of the same crime.                                                                    
15    * Sec. 4.  AS 11.31.140(d) is amended to read:                                                                       
16  (d)  This section does not bar inclusion of multiple counts in a single                                               
17 indictment or information charging commission of a crime defined by AS 11.31.100 -                                     
18 11.31.120 [AS 11.31.100 OR 11.31.110] and commission of the crime that is the                                          
19 object of the attempt, conspiracy, or solicitation.                                                                   
20    * Sec. 5.  AS 12.55.125(b) is amended to read:                                                                       
21  (b)  A defendant convicted of murder in the second degree, attempted murder                                           
22 in the first degree, conspiracy to commit murder in the first degree, kidnapping, or                                  
23 misconduct involving a controlled substance in the first degree shall be sentenced to                                   
24 a definite term of imprisonment of at least five years but not more than 99 years.