Tennessee § 39-12-103 - Criminal conspiracy.

§ 39-12-103. Criminal conspiracy.

The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense that is the object of the conspiracy, and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct that constitutes the offense. If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom the person conspires to commit an offense has conspired with one (1) or more other people to commit the same offense, the person is guilty of conspiring with the other person or persons, whether or not their identity is known, to commit the offense. If a person conspires to commit a number of offenses, the person is guilty of only one (1) conspiracy, so long as the multiple offenses are the object of the same agreement or continuous conspiratorial relationship. No person may be convicted of conspiracy to commit an offense, unless an overt act in pursuance of the conspiracy is alleged and proved to have been done by the person or by another with whom the person conspired. Conspiracy is a continuing course of conduct that terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired. The objectives of the conspiracy include, but are not limited to, escape from the crime, distribution of the proceeds of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation. If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person, advises those with whom the person conspired of the abandonment, or the person informs law enforcement authorities of the existence of the conspiracy and of the person's participation in the conspiracy. It is no defense that the offense that was the object of the conspiracy was not committed. Nothing in this section is intended to modify the evidentiary rules allowing statements of co-conspirators in furtherance of a conspiracy. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. Prior Tennessee law contained a general conspiracy offense and a number of specific conspiracy offenses. This section creates a generic conspiracy law. It reaches a conspiracy to commit any offense except a Class C misdemeanor. See § 39-12-107(b) . The offense of conspiracy, aimed at group criminality, is based on the principle that offense committed by a group poses a greater public threat than offense committed by a single individual. Subsection (a) defines conspiracy in terms of an agreement of two or more people to commit an offense. Each conspirator must satisfy two mental elements. First, each conspirator must have the culpable mental state required for the offense that is the object of the conspiracy. For example, a defendant guilty of conspiracy to commit robbery must have the mental state required for the offense of robbery. Second, each conspirator must act for the purpose of promoting or facilitating commission of an offense. Subsection (b) describes the reach of a chain conspiracy. Subsection (c) deals with the number of conspiracies for multiple offenses. This rule provides that only one conspiracy occurs if multiple offenses are the object of one agreement or continuous conspiratorial relationship. For example, if A and B agree to commit three robberies, they are guilty of only one conspiracy since there is only one agreement. Subsection (d) alters Tennessee law by requiring an overt act by at least one conspirator before a conspiracy is committed. This requirement assures that the conspiracy is more dangerous than a mere agreement. It also protects against erroneous convictions based solely on the exchange of words. Prior Tennessee law required an overt act for most, though not all, offenses. See prior § 39-1-602 . Subsection (e) describes the duration of a conspiracy and the effect of abandoning the conspiracy. Subsection (f) states that a conspiracy may occur even if the offense that was the object of the conspiracy did not occur. This is consistent with the theory of conspiracy as directed at the harm of group criminal activity. If the offense that was the object of the conspiracy did occur the defendant may be convicted of both the conspiracy and the completed offense. The conspiracy is not merged with the completed offense, and the offender may be guilty of the completed offense under § 39-11-402 . Subsection (g) makes it clear this section does not modify existing evidentiary rules. Defenses are provided in §§ 39-12-104 (renunciation) , 39-12-105 (lack of responsibility of co-conspirator), and 39-12-106 (multiple convictions barred). Sanctions for conspiracy are provided in § 39-12-107(b) . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Alleging conspiracy, § 40-13-216 . Arson and explosives, title 39, ch. 14, part 3. Coercion laws, §§ 39-14-112 , 39-16-507 ,39-16-508, 39-17-309 . Criminal attempt, § 39-12-101 . Disorderly conduct and riots, title 39, ch. 17, part 3. Grading attempt, solicitation and conspiracy, § 39-12-107 . Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy, defenses, § 39-12-105 . Racketeer influenced and corrupt organizations, title 39, ch. 12, part 2. Solicitation to commit a crime, §§ 39-12-102 , 39-12-104 , 39-12-107 . Written request for charge on lesser included offense, § 40-18-110 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 26.52. Tennessee Jurisprudence, 6 Tenn. Juris., Conspiracy, §§ 2, 3, 6, 8. Law Reviews. A Noble Ideal Whose Time Has Come (Penny J. White), 18 Mem. St. U.L. Rev. 223 (1989). The Language of Mens Rea, 67 Vand. L. Rev. 1327 (2014).