Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 511 (2026)

Conspiracy in the third degree; class A misdemeanor

✓ current as of May 2026
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A person is guilty of conspiracy in the third degree when, intending to promote or facilitate commission of a misdemeanor, the person:

(1) Agrees with another person or persons that they or 1 or more of them will engage in conduct constituting the misdemeanor or an attempt or solicitation to commit the misdemeanor; or

(2) Agrees to aid another person or persons in the planning or commission of the misdemeanor or an attempt or solicitation to commit the misdemeanor, and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.

Conspiracy in the third degree is a class A misdemeanor.

11 Del. C. 1953, §  511;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  7;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 6 cases, 1976–2020 · leading case: Schramm v. State, 366 A.2d 1185 (Del. 1976).
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Schramm v. State, 366 A.2d 1185 (Del. 1976). “§ 4752 and one charge of conspiracy in the third degree 11 Del.C. § 511. He contends that (1) there was an insufficient showing of the credibility of an informant and the reliability of his information to establish probable cause to stop and search defendant’s car and to arrest…”
State v. Vouras, 351 A.2d 869 (1976). “Defendant Lundy also moves to dismiss the charge of conspiracy under 11 Del.C. § 511(1), to violate 11 Del.C. § 1403(3) on the theory that an agreement between two persons to commit a crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily…”
State of Delaware v. Donald Melvin, Lauri Larlham, Shaughn Graves, Ethel Melvin (Del. Ct. Com. Pl. 2016). “§ 1331, (2) Conspiracy Third Degree, in violation of 11 Del. C. § 511(2), and (3) Falsifying Business Records, in violation of 11 Del.”
Downs v. State (Del. 2019). “23 11 Del. C. § 511–13 (conspiracy defined; conspiracy only requires “intent to promote or facilitate” the commission of a crime).”
White v. State (Del. 2020). “71 11 Del. C. §§ 511–13. 72 11 Del. C. §§ 512.”
Johnson v. Crocker, 881 F. Supp. 2d 615 (D. Del. 2012). “A-68) The case was then transferred to the Delaware Court of Common Pleas and set for trial on the lesser included misdemeanor offenses of menacing and third degree conspiracy, pursuant to 11 Del. C. § 511. (Id. at A-68; A-83-84).”
— 11 Del. C. § 511(1) — 1 case
State v. Vouras, 351 A.2d 869 (1976). “Defendant Lundy also moves to dismiss the charge of conspiracy under 11 Del.C. § 511(1), to violate 11 Del.C. § 1403(3) on the theory that an agreement between two persons to commit a crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily…”
— 11 Del. C. § 511(2) — 1 case
State of Delaware v. Donald Melvin, Lauri Larlham, Shaughn Graves, Ethel Melvin (Del. Ct. Com. Pl. 2016). “§ 1331, (2) Conspiracy Third Degree, in violation of 11 Del. C. § 511(2), and (3) Falsifying Business Records, in violation of 11 Del.”
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