Colorado § 18-2-204 - Duration of conspiracy.

§ 18-2-204. Duration of conspiracy.

(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.

(2) Abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.

(3) If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he gives timely notice to those with whom he conspired of his abandonment and the notice is evidenced by circumstances corroborating the giving of the same, or he informs the law enforcement authorities, having jurisdiction, of the existence of the conspiracy and of his participation therein.

Source: L. 71: R&RE, p. 416, § 1. C.R.S. 1963: § 40-2-204.

ANNOTATION

Completion of the object of the conspiracy completes the conspiracy. United States v. Mares, 260 F. Supp. 741 (D. Colo. 1966), rev'd on other grounds, 383 F.2d 805 (10th Cir. 1967).

The ending of a conspiracy depends upon the particular facts and purposes of such conspiracy. The conspiracy does not come to an abrupt and automatic end simultaneously with the completion of the offense nor even the arrest of a conspirator. United States v. Mares, 260 F. Supp. 741 (D. Colo. 1966), rev'd on other grounds, 383 F.2d 805 (10th Cir. 1967).

A conspiracy to commit a crime of stealth for material gain usually has a minimum routine development from plan, to commission, to division of fruits, if any, among the conspirators. United States v. Mares, 260 F. Supp. 741 (D. Colo. 1966), rev'd on other grounds, 383 F.2d 805 (10th Cir. 1967).

District court has proper jurisdiction over conspiracy charge that began when defendant was a juvenile but continued after defendant became an adult. People v. McGlotten, 166 P.3d 182 (Colo. App. 2007).

Applied in Jeffrey v. District Court, 626 P.2d 631 (Colo. 1981); Corr v. District Court, 661 P.2d 668 (Colo. 1983).