A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:(1) a Level 2 felony if the conspiracy does not result in the death of a person; and(2) a Level 1 felony if the conspiracy results in the death of another person.(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.(c) It is no defense that the person with whom the accused person is alleged to have conspired:(1) has not been prosecuted;(2) has not been convicted;(3) has been acquitted;(4) has been convicted of a different crime;(5) cannot be prosecuted for any reason; or(6) lacked the capacity to commit the crime.As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.23; P.L.158-2013, SEC.409.
Indiana Legal Code