Ark. Code Ann. § 5-3-403 (2020)
Multiple criminal objectives
If a person conspires to commit a number of criminal offenses, the person commits only one (1) conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
History. Acts 1975, No. 280, § 709; A.S.A. 1947, § 41-709.
Case Notes
Multiple Substantive Offenses.
If multiple substantive offenses are committed pursuant to a single conspiracy, a conspirator may be prosecuted for each separate substantive offense in which he is a principal or an accomplice. McMillen v. State, 302 Ark. 601, 792 S.W.2d 315 (1990).
Trial court did not err because judicial precedent allowed the prosecution of one count of conspiracy to commit multiple object offenses; moreover, defendant was not prejudiced by the inclusion of multiple object offenses in the single charge because he faced thirty years in prison but the jury sentenced him to nine years' imprisonment. Winkler v. State, 2012 Ark. App. 704, 425 S.W.3d 808 (2012).
Single Agreement or Continuous Relationship.
A single agreement or continuous conspiratorial relationship constitutes a single conspiracy offense, whether intended to culminate in distinct offenses or in successive violations of the same statute, and this section clearly precludes more than one conspiracy prosecution as a result of a single agreement or relationship. McMillen v. State, 302 Ark. 601, 792 S.W.2d 315 (1990).
Cited: Guinn v. State, 23 Ark. App. 5, 740 S.W.2d 148 (1987); Leach v. State, 303 Ark. 309, 796 S.W.2d 837 (1990); Leach v. State, 313 Ark. 80, 852 S.W.2d 116 (1993).