26.10.010 Conspiracy.
(1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of the offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement has been committed by the person or by a co-conspirator.
(2)
(a) “Act in furtherance” is any course of conduct which makes it more probable than not that an act towards the commission of an offense will occur and the person’s present conduct is not terminated.
(b) Proof of an “act in furtherance” may be drawn from the circumstances surrounding the involved parties’ actions and does not require direct proof of an agreement.
(3) It shall not be a defense to conspiracy that the person or persons with whom the accused has conspired:
(a) Has not been prosecuted or convicted;
(c) Is not amenable to justice;
(d) Has been acquitted; or
(e) Lacked the capacity to commit the offense.
(4) A person convicted of conspiracy shall be punished not to exceed the maximum sentence provided for the offense which is the object of the conspiracy.