Criminal Conspiracy

Chapter 15 of the Texas Penal Code places sets guidelines and restrictions on criminal conspiracy, solicitation, and the attempt of either of the former offenses.

“Criminal Conspiracy”, as per §15.02 of the Texas Penal Code, occurs when a person, with the intent that a felony be committed:

agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
he or one or more of them performs an overt act in pursuance of the agreement.

An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor.

Punishment Range

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

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