(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he or she agrees with one or more persons to engage in or cause the performance of the conduct, and any one or more of the persons does an overt act to effect an objective of the agreement.
(b) If a person knows or should know that one with whom he or she agrees has in turn agreed or will agree with another to effect the same criminal objective, he or she shall be deemed to have agreed with the other person, whether or not he or she knows the other’s identity.
(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, he or she gave a timely and adequate warning to law enforcement authorities or made a substantial effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy. Renunciation by one conspirator, however, does not affect the liability of another conspirator who does not join in the abandonment of the conspiratorial objective. The burden of injecting the issue of renunciation is on the defendant, but this does not shift the burden of proof.
(d) None of the following is a defense to a prosecution for criminal conspiracy:
(1) The person, or persons, with whom defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution.
(2) The person, or persons, with whom defendant conspired could not be guilty of the conspiracy or the object crime because of lack of mental responsibility or culpability, or other legal incapacity or defense.
(3) The defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.
(e) A conspirator is not liable under this section if, had the criminal conduct contemplated by the conspiracy actually been performed, he or she would be immune from liability under the law defining the offense or as an accomplice under Section 13A-2-24.
(f) Liability as accomplice. Accomplice liability for offenses committed in furtherance of a conspiracy is to be determined as provided in Section 13A-2-23.
(g) Criminal conspiracy is a:
(1) Class A felony if an object of the conspiracy is murder.
(2) Class B felony if an object of the conspiracy is a Class A felony.
(3) Class C felony if an object of the conspiracy is a Class B felony.
(4) Class D felony if an object of the conspiracy is a Class C felony.
(5) Class A misdemeanor if an object of the conspiracy is a Class D felony.
(6) Class B misdemeanor if an object of the conspiracy is a Class A misdemeanor.
(7) Class C misdemeanor if an object of the conspiracy is a Class B misdemeanor.
(8) Violation if an object of the conspiracy is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1015; Act 2023-461, §1.)
Notes of Decisions
Cited in
37
cases (
2 in the last 5 years), 1981–2025 · leading case:
White v. City of Athens, 169 F. Supp. 3d 1254 (N.D. Ala. 2016).
White v. City of Athens, 169 F. Supp. 3d 1254 (N.D. Ala. 2016).
· cites it 4× “Code § 13A-4-2, and Ala. Code § 13A-4-3. (Doc. 25, ¶¶ 120-21, 132-33, 139-41).”
Demetrius Avery Jackson, Jr. v. State of Alabama., 169 So. 3d 1 (Ala. Crim. App. 2010).
· cites it 3× “” Criminal conspiracy is set out in § 13A-4-3, Ala.Code 1975: “(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any…”
Daniels v. City of Hartford, Ala., 645 F. Supp. 2d 1036 (M.D. Ala. 2009).
· cites it 5× “For purposes of the instant motion, the issue is whether the defendants had probable cause to believe Fred and Garret committed a violation of Alabama Code § 13A-4-3, which makes criminal conspiracies illegal in the State of Alabama.”
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995).
· cites it 4× “h using his office for personal gain in violation of Alabama Code Section 36-25-5 (1975) (Count One), [5] theft of property in violation of Alabama Code Section 13A-8-3 (Counts 2, 3, 5, 6, 8 and 9), [6] receiving stolen property in violation of Alabama Code Section 13A-8-17…”
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996).
“§ 13A-4-3, Code of Alabama 1975. Because the appellant failed to request this charge at trial and made no objection to the trial court's failure to do so, this matter must be analyzed pursuant to the plain error rule.”
Goodwin v. State, 644 So. 2d 1269 (Ala. Crim. App. 1993).
· cites it 2× “The appellants, Daren Goodwin and Dewey Goodwin were convicted of robbery in the first degree, § 13A-8-41, Code of Alabama 1975; conspiracy to commit robbery in the first degree, § 13A-4-3; and hindering prosecution in the first degree, § 13A-10-43.”
McCart v. State, 765 So. 2d 21 (Ala. Crim. App. 2000).
· cites it 3× “Code 1975, provides: "A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.”
Deardorff v. State, 6 So. 3d 1205 (Ala. Crim. App. 2004).
“§ 13A-4-3, Ala.Code 1975. The two counts related to the charge of murder for pecuniary gain— the capital-murder charge and the conspiracy charge — were dismissed on motion of the State before trial.”
Williams v. State, 183 So. 3d 198 (Ala. Crim. App. 2014).
“Code 1975, and of conspiracy to commit first-degree robbery, see § 13A-4-3, Ala. Code 1975. Williams, who was 15 years of age at the time of the offense, was sentenced to life in prison without the possibility of parole for the capital-murder conviction and was sentenced to 20…”
State v. Calhoun, 502 So. 2d 808 (Ala. 1986).
“The facts, as stated in the opinion of the Court of Criminal Appeals and as supplemented by the State, as authorized by Rule 39(k), Ala.R.App.P., show that the officers had reasonable cause to believe that Calhoun and Schartau acted in concert and were equally implicated.”
Beavers v. State, 627 So. 2d 1021 (Ala. Crim. App. 1991).
· cites it 2× “This section states, in part: “(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.”
— Ala. Code § 13A-4-3(a) — 13 cases
McCart v. State, 765 So. 2d 21 (Ala. Crim. App. 2000).
“Code 1975, provides: "A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.”
Demetrius Avery Jackson, Jr. v. State of Alabama., 169 So. 3d 1 (Ala. Crim. App. 2010).
“” Criminal conspiracy is set out in § 13A-4-3, Ala.Code 1975: “(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any…”
Beavers v. State, 627 So. 2d 1021 (Ala. Crim. App. 1991).
“This section states, in part: “(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.”
— Ala. Code § 13A-4-3(c) — 1 case
— Ala. Code § 13A-4-3(d)(2) — 1 case
— Ala. Code § 13A-4-3(d)(l) — 1 case
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