A. A conspiracy is an agreement with another person to commit an offense or to assist to commit an offense. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a conspirator.

B. It is immaterial to the criminal liability of a person charged with conspiracy that any other person with whom the accused person conspired lacked the actual intent to commit the underlying crime provided that the accused person believed the other person did have the actual intent to commit the underlying crime.

C. It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person’s co-conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.

D. A conspiracy to commit a public offense is a Class C Public Offense. (Ord. 12-38 § 2, 2012; Ord. 07-135 § 5, 2007; Ord. 83-75 § 2, 1983.)