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

11 Del. C. § 512 (2026)

Conspiracy in the second degree; class G felony

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

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

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

Conspiracy in the second degree is a class G felony.

11 Del. C. 1953, §  512;  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 45 cases (12 in the last 5 years), 1975–2025 · leading case: Donald v. State, 903 A.2d 315 (Del. 2006).
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Donald v. State, 903 A.2d 315 (Del. 2006). “Donald has not shown that the probation officers would not have found the evidence, nor has she shown that Corporal Hake was in a unique position to discover the evidence.”
Lunnon v. State, 710 A.2d 197 (Del. 1998). “4755(a)(5)) and second degree conspiracy to engage in trafficking in cocaine or possession with intent to deliver cocaine or use of a vehicle for keeping controlled substance (11 Del. C. § 512). He was convicted of all charges with the exception of the second degree conspiracy…”
State v. Hicks, 360 A.2d 150 (Del. Super. Ct. 1976). “§ 501, conspiracy (to commit prostitution) in the second degree, 11 Del.C. § 512, and with promoting prostitution in the second degree, 11 Del.”
In the Matter of Gielata, 933 A.2d 1249 (Del. 2007). “§841 and conspiracy second decree in violation of 11 Del. C. §512. On May 9, 2006, respondent appeared before The Honorable T.”
Harrison v. Baylor, 548 F. Supp. 1037 (D. Del. 1982). “§ 4752; 11 Del.C. § 512; 11 Del.C. § 1211; 11 Del.”
Roberts v. White, 698 F. Supp. 2d 457 (D. Del. 2010). “§ 840, and conspiracy of the second degree, in violation of 11 Del. C. § 512. (Id., ex. A at 6-7) Plaintiff asserts that, between the dates of April 13, 2007 and May 2, 2007, he was incarcerated for a separate shoplifting offense.”
Stacey v. State, 358 A.2d 379 (Del. 1976). “§ 841, and conspiracy in the second degree, 11 Del.C. § 512, the sole issue is whether defendan was entitled to the assistance of counsel at trial.”
Roberts v. White, 620 F. Supp. 2d 620 (D. Del. 2009). “§ 840, and conspiracy of the second degree, in violation of 11 Del. C. § 512. (Id., ex. A at 6-7) Plaintiff asserts that, between the dates of April 13, 2007 and May 2, 2007, he was incarcerated for a separate shoplifting offense.”
Raniford v. State (Del. 2016). · cites it 2× “Under 11 Del. C. § 512: A person is guilty of conspiracy in the second degree when, intending to promote or facilitate the commission of a felony, the person .”
State v. Brown (Del. Super. Ct. 2018). · cites it 2× “§ 1447; one count of Conspiracy in the Second Degree, 11 Del. C. § 512; and one count of Criminal Solicitation in the Second Degree, 11 Del.”
State v. Demby (Del. Super. Ct. 2019). · cites it 2× “§ 4752; one count of Conspiracy in the Second Degree, 11 Del. C. § 512; and one count of Possession of Drug Paraphernalia, 16 Del.”
White v. State (Del. 2020). · cites it 2× “72 11 Del. C. §§ 512. 73 11 Del. C. §§ 513. 74 See Dougherty v.”
Show all 45 citing cases →
— 11 Del. C. § 512(2) — 2 cases
Donald v. State, 903 A.2d 315 (Del. 2006). “Donald has not shown that the probation officers would not have found the evidence, nor has she shown that Corporal Hake was in a unique position to discover the evidence.”
Morton v. State (Del. 2014).
— 11 Del. C. § 512(a)(1) — 1 case
McGriff v. State (Del. 2023).
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