(a)If two or more persons conspire:
(1)To commit any crime.
(2)Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3)Falsely to move or maintain any suit, action, or proceeding.
(4)To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5)To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
(6)To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.
They are punishable as follows:
When they
conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, seven, or nine years.
When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or
more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5,
the court may impose a fine of up to twenty-five thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done.
(b)Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
Notes of Decisions
Aracely Marinelarena v. Jefferson Sessions, 869 F.3d 780 (9th Cir. 2017).
· cites it 21× “21, § 421 (A)—a statute with text similar to the text of Cal. Penal Code § 182 (a)(1)—is not a serious drug offense under the categorical approach because “the statute could be violated in many ways that have nothing to do with drugs”), cert.”
People v. Ruiz, 417 P.3d 191 (Cal. 2018).
· cites it 5× “1 The Court of Appeal answered this question in the affirmative based on *1104 Penal Code section 182, subdivision (a), which provides in relevant part that persons convicted of conspiring to commit a felony "shall be punishable in the same manner and to the same extent as is…”
People v. Cortez, 960 P.2d 537 (Cal. 1998).
· cites it 12× “When Kynette was decided over 50 years ago, Penal Code section 182 provided that a conspiracy was "punishable in the same manner and to the same extent as in this code provided for the punishment of the commission of the said felony.”
People v. Geier, 161 P.3d 104 (Cal. 2007).
· cites it 4× “(a)(17)), two counts of conspiracy to commit murder (Pen.Code, §§ 182, subd. (a)(1), 187), and the murder of Curtis James Dean (Pen.”
People v. Swain, 909 P.2d 994 (Cal. 1996).
· cites it 6× “(Pen. Code, §§ 182, subd. (a)(1), 184.) (3) "Conspiracy is a `specific intent' crime.”
Aracely Marinelarena v. William Barr, 930 F.3d 1039 (9th Cir. 2019).
· cites it 11× “” Cal. Penal Code § 182 (a)(1). This statute criminalizes more conduct than the federal controlled substances offense, because “conspiracy” applies to any criminal conspiracy, whether or not it relates to a controlled substance offense.”
People v. Castro, 696 P.2d 111 (Cal. 1985).
· cites it 4× “Did the drafters really intend that all persons who choose or are compelled to testify, either for the defense or the prosecution, will inevitably be impeachable by prior convictions? Did they really intend that an elderly victim of a mugging cannot avoid being impeached by a…”
People v. Grimes, 378 P.3d 320 (Cal. 2016).
· cites it 2× “(Pen. Code, §§ 182, subd. (a), 187, subd. (a), 190.”
People v. Russo, 25 P.3d 641 (Cal. 2001).
· cites it 2× “(Pen. Code, §§ 182, 187, 190.2, subd. (a)(1) & (15).”
Steel v. City of San Diego, 726 F. Supp. 2d 1172 (S.D. Cal. 2010).
· cites it 7× “Cal.Penal Code § 182 Second, Defendants contend that because Plaintiff has only alleged that the Defendants engaged in a conspiracy to “violate his constitutional rights,” his claim under Cal.”
People v. Meneses, 165 Cal. App. 4th 1648 (Cal. Ct. App. 2008).
· cites it 4× “Code, § 750); and conspiring to steal public records and to commit insurance fraud (Pen. Code, § 182, subd. (a)(1)). The court stayed sentence on the conspiracy counts (Pen.”
People v. Medina, 233 Cal. Rptr. 3d 758 (Cal. Ct. App. 5th 2018).
· cites it 5× “( Pen. Code, § 182, subd. (a)(1).) The target offense was marijuana possession for sale.”
— Cal. Penal Code § 182(1) — 2 cases
— Cal. Penal Code § 182(4) — 1 case
— Cal. Penal Code § 182(A)(1) — 1 case
— Cal. Penal Code § 182(a) — 4 cases
— Cal. Penal Code § 182(a)(1) — 8 cases
Aracely Marinelarena v. Jefferson Sessions, 869 F.3d 780 (9th Cir. 2017).
“21, § 421 (A)—a statute with text similar to the text of Cal. Penal Code § 182 (a)(1)—is not a serious drug offense under the categorical approach because “the statute could be violated in many ways that have nothing to do with drugs”), cert.”
Aracely Marinelarena v. William Barr, 930 F.3d 1039 (9th Cir. 2019).
“” Cal. Penal Code § 182 (a)(1). This statute criminalizes more conduct than the federal controlled substances offense, because “conspiracy” applies to any criminal conspiracy, whether or not it relates to a controlled substance offense.”
— Cal. Penal Code § 182(a)(4) — 2 cases
— Cal. Penal Code § 182(a)(5) — 2 cases
— Cal. Penal Code § 182(a)(6) — 1 case
— Cal. Penal Code § 182(b) — 1 case
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