PC 182 Conspiracy Defined -- Punishment

PC 182 Conspiracy Defined -- Punishment

(a) If two or more persons conspire:

(1) To commit any crime

(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.

(3) Falsely to move or maintain any suit, action, or proceeding.

(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or properly by false pretenses or by false promises with fraudulent intent not to perform those promises.

(6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.

They are punishable as follows:

When they conspire to commit any crime against eh person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivisions (h) of Section 1170 for five, seven or nine years.

When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony.  If the felony is one for which different punishments are prescribed fro different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree if the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.

If the felony is conspiracy to commit two or more felonies which have different punishments and the commissions of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for he felony which has the greater maximum term.

When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.

When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment a county jail for not more than one year, or pursuant to subdivision (h) of section 1170, or by a fine not exceeding ten thousand dollars ($10.000), or by both that imprisonment and fine.  When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000).

All cases of conspiracy may be prosecuted and tried in the superior court of any country in which any over act tending to effect the conspiracy shall be done.

(b) Upon a trial for conspiracy, in a case where an over act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.

Common Questions about conspiracy laws:

Can I go to prison for violating the conspiracy laws?

Yes, while conspiracy may also be a misdemeanor and/or receive a grant of probation, you may be sentenced to up to 3 years base term in state prison for violation this penal code.  Under some factual scenarios the base term could be as long as 7 years in the state prison.

Is conspiracy a strike?

No, conspiracy alone is not a strike under this penal code section.

Would I have to register as a sex, drug, arson, or gang offender if I've convicted of conspiracy?

No, under this section alone, you would not have to register as any of the above offender categories.

Would I suffer an ineligibility if I'm convicted of this offense?

Yes, you may be ineligible to own a firearm, vote, jury service, and/or public office if you are convicted.  One necessary factor to help determine this is whether you were convicted of a misdemeanor or felony violation.

Would a conviction for violating the conspiracy laws cause me to suffer immigration consequences?

Yes, it may.  Conspiracy may be considered an aggravated felony and is a moral turpitude crime.  Both categories may affect immigration status.

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