General Provisions

ORS 161.450
“Criminal conspiracy” described


(1)

A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct.

(2)

Criminal conspiracy is a:

(a)

Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony.

(b)

Class B felony if an object of the conspiracy is commission of a Class B felony.

(c)

Class C felony if an object of the conspiracy is commission of a Class C felony.

(d)

Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor. [1971 c.743 §59]

Notes of Decisions

Conspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself. State v. Brewer, 12 Or App 105, 504 P2d 1067 (1973), aff'd 267 Or 346, 517 P2d 264 (1973)

As part of the agreement, the defendant must have had the intent with others of committing a certain crime. State v. Brewer, 12 Or App 105, 504 P2d 1067 (1973), aff'd 267 Or 346, 517 P2d 264 (1973)

The crime is complete when the conspiratorial agreement is entered into; proof of an overt act in furtherance of the conspiracy is no longer required. State v. Brewer, 12 Or App 105, 504 P2d 1067 (1973), aff'd 267 Or 346, 517 P2d 264 (1973)

Defendant could properly be convicted of conspiracy to commit theft of a dog notwithstanding that he was listed as "co-owner" on the dog's certificate filed solely to enable defendant to exhibit the dog at dog shows. State v. Harris, 21 Or App 174, 534 P2d 202 (1975), Sup Ct review denied

Conviction for conspiracy to commit criminal activity in drugs may be treated either as a Class B felony or a Class A misdemeanor. State v. Teters, 23 Or App 571, 543 P2d 302 (1975)

A defendant may be charged with both criminal activity in drugs and conspiracy to commit the same crime although only a single conviction and sentence may be entered. State v. Teters, 23 Or App 571, 543 P2d 302 (1975)

Conspiracy to commit series of crimes constitutes single offense lasting from time of agreement through termination. State v. Fancher, 27 Or App 91, 555 P2d 792 (1976), Sup Ct review denied

Accomplice testimony was sufficiently corroborated by other evidence connecting defendant to crime to sustain conviction of conspiracy to murder. State v. Curran, 38 Or App 351, 590 P2d 268 (1979), Sup Ct review denied

On appeal, after defendant was convicted on remand from prior appeal, where initial agreement constituting conspiracy took place in Multnomah County and the elements of the agreement were added in Washington County, venue to try defendant for conspiracy was proper in Washington County. State v. Mathie, 54 Or App 232, 634 P2d 799 (1981), Sup Ct review denied

Intended victims of conspiracy to commit particular crimes are included within meaning of "victims," in ORS 161.067, and trial court properly refused to merge nine conspiracy convictions where there were nine intended victims. State v. Graves, 92 Or App 642, 759 P2d 1121 (1988)

Law Review Citations

51 OLR 492, 595-603, 618 (1972)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021