HB 43: "An Act relating to the crime of conspiracy."

00HOUSE BILL NO. 43 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 07 [AS 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.