(1) A person commits conspiracy to commit a crime if, with the
intent to promote or facilitate its commission, he agrees with another person or persons that they,
or one or more of them, will engage in conduct which constitutes a crime or an attempt to
commit a crime, or he agrees to aid the other person or persons in the planning or commission of
a crime or of an attempt to commit such crime.
(2) No person may be convicted of conspiracy to commit a crime, unless an overt act in
pursuance of that conspiracy is proved to have been done by him or by a person with whom he
conspired.
(3) If a person knows that one with whom he conspires to commit a crime has conspired
with another person or persons to commit the same crime, he is guilty of conspiring to commit a
crime with the other person or persons, whether or not he knows their identity.
(4) If a person conspires to commit a number of crimes, he is guilty of only one
conspiracy so long as such multiple crimes are part of a single criminal episode.
(4.5) Conspiracy to commit any crime for which a court is required to sentence a
defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of
violence for the purposes of that section.
(5) If a person conspires to commit a felony which is defined by any statute other than
one contained in this title and for which conspiracy no penalty is specifically provided, the
person commits a class 6 felony. If a person conspires to commit a misdemeanor which is
defined by any statute other than one contained in this title and for which conspiracy no penalty
is specifically provided, the person commits a class 2 misdemeanor.
Source: L. 71: R&RE, p. 415, § 1. C.R.S. 1963: § 40-2-201. L. 74: (5) added, p. 250, §
1, effective February 13. L. 89, 1st Ex. Sess.: (5) amended, p. 21, § 12, effective July 1. L. 95:
(4.5) added, p. 1250, § 5, effective July 1. L. 2002: (4.5) amended, p. 1512, § 183, effective
October 1. L. 2021: (5) amended, (SB 21-271), ch. 462, p. 3172, § 191, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (4.5), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
233
cases (
13 in the last 5 years), 1975–2026 · leading case:
People v. Samson, 302 P.3d 311 (Colo. Ct. App. 2012).
People v. Samson, 302 P.3d 311 (Colo. Ct. App. 2012).
· cites it 6× “§ 18-2-201. Because stealing groceries, irrespective of the defendant's knowledge of their value, constitutes theft (as long as the groceries have some established value), an agreement to steal groceries, irrespective of their established value, constitutes a conspiracy under…”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
· cites it 6× “§ 18-2-201(1), 8 C.R.S. (1978); Young v. People, 180 Colo.”
Terry v. People, 977 P.2d 145 (Colo. 1999).
· cites it 23× “5, § 18-2-201(4.5), 1995 Colo. Sess. Laws 1250 (HB 95-1070) (codified at section 18-2-201(4.”
People v. Isaacks, 133 P.3d 1190 (Colo. 2006).
· cites it 4× “[1] Pursuant to an agreement by the parties, the People moved to dismiss these charges in exchange for Isaacks's agreeing to plead guilty to conspiracy to commit felony menacing, section 18-2-201(1), 18-3-206(1)(a), (b).”
Pinelli v. Dist. Ct. in & for 18th Jud. Dist., 595 P.2d 225 (Colo. 1979).
· cites it 6× “On April 7, 1978, separate state grand jury indictments were filed in Jefferson County and Arapahoe County charging the petitioners with conspiracy to commit professional gambling in violation of section 18-2-201, C.R.S. 1973 (now in 1978 Repl.”
People v. Davis, 2017 COA 40M (Colo. Ct. App. 2017).
· cites it 6× “§ 18-2-201(2) (“No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved .”
People v. Gutierrez, 622 P.2d 547 (Colo. 1981).
· cites it 6× “8), conspiracy to commit second-degree assault, section 18-2-201, C.R.S. 1973 (1978 Repl.”
Close v. People, 180 P.3d 1015 (Colo. 2008).
· cites it 12× “(1986); aggravated robbery, under section 18-2-201, C.R.S. (1986); attempted aggravated robbery, under section 18-2-101, C.”
Stevens v. People, 29 P.3d 305 (Colo. 2001).
· cites it 4× “(2000); (2) conspiracy to commit first-degree murder under section 18-2-201, 6 C.R.S. (2000); and (3) solicitation to commit first-degree murder under section 18-2-301, 6 C.”
People v. Finley, 141 P.3d 911 (Colo. Ct. App. 2006).
· cites it 2× “Defendant, together with others, was charged with racketeering under COCCA; conspiracy, § 18-2-201, C.R.S.2005; and multiple counts of theft and forgery, §§ 18-4-401, 18-5-102, C.”
People v. Rivera, 56 P.3d 1155 (Colo. Ct. App. 2002).
· cites it 5× “With respect to the related charge of conspiracy to commit securities fraud, our analysis is the same.”
Leonardo v. People, 728 P.2d 1252 (Colo. 1986).
· cites it 4× “(1986), [2] and conspiracy to commit theft by receiving in violation of section 18-2-201, 8B C.R.S. (1986). The defendant appealed, contending that the trial court had erred in two respects.”
— Colo. Rev. Stat. § 18-2-201(1) — 36 cases
People v. Samson, 302 P.3d 311 (Colo. Ct. App. 2012).
“§ 18-2-201. Because stealing groceries, irrespective of the defendant's knowledge of their value, constitutes theft (as long as the groceries have some established value), an agreement to steal groceries, irrespective of their established value, constitutes a conspiracy under…”
People v. Isaacks, 133 P.3d 1190 (Colo. 2006).
“[1] Pursuant to an agreement by the parties, the People moved to dismiss these charges in exchange for Isaacks's agreeing to plead guilty to conspiracy to commit felony menacing, section 18-2-201(1), 18-3-206(1)(a), (b).”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“§ 18-2-201(1), 8 C.R.S. (1978); Young v. People, 180 Colo.”
— Colo. Rev. Stat. § 18-2-201(2) — 12 cases
People v. Davis, 2017 COA 40M (Colo. Ct. App. 2017).
“§ 18-2-201(2) (“No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved .”
— Colo. Rev. Stat. § 18-2-201(3) — 1 case
— Colo. Rev. Stat. § 18-2-201(4) — 10 cases
People v. Davis, 2017 COA 40M (Colo. Ct. App. 2017).
“§ 18-2-201(2) (“No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved .”
Pinelli v. Dist. Ct. in & for 18th Jud. Dist., 595 P.2d 225 (Colo. 1979).
“On April 7, 1978, separate state grand jury indictments were filed in Jefferson County and Arapahoe County charging the petitioners with conspiracy to commit professional gambling in violation of section 18-2-201, C.R.S. 1973 (now in 1978 Repl.”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“§ 18-2-201(1), 8 C.R.S. (1978); Young v. People, 180 Colo.”
— Colo. Rev. Stat. § 18-2-201(5) — 5 cases
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“§ 18-2-201(1), 8 C.R.S. (1978); Young v. People, 180 Colo.”
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