Delaware Code

11 Del. C. § 513 (2026)

Conspiracy in the first degree; class E felony

✓ current as of May 2026

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A person is guilty of conspiracy in the first degree when, intending to promote or facilitate the commission of a class 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 first degree is a class E felony.

11 Del. C. 1953, § 513; 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 4 cases (3 in the last 5 years), 2020–2022 · leading case: White v. State (Del. 2020).

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White v. State (Del. 2020). · cites it 2× “73 11 Del. C. §§ 513. 74 See Dougherty v. State, 21 A.”

State v. Dixon (Del. Super. Ct. 2022). · cites it 2× “Under 11 Del. C. § 513, the elements to establish the crime of Conspiracy First Degree are clear.”

Reed v. State (Del. 2021). “10 11 Del. C. § 513(1). 4 Possession of a Firearm by a Person Prohibited (“PFBPP”),11 and Possession of a Firearm During the Commission of a Felony (“PFDCF”).”

State v. Rivers (Del. Super. Ct. 2022). “14 11 Del. C. § 513. E.g., Lemons v. State, 32 A.”

— 11 Del. C. § 513(1) — 1 case

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