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