(a) If a person conspires to commit a number of crimes, the person is guilty of only 1 conspiracy, so long as the multiple crimes are the object of the same agreement of continuous conspiratorial relationship. The person may be convicted of the degree of conspiracy which includes the most serious offense which the person is found guilty of conspiring to commit.
(b) If a person guilty of conspiracy, as defined by §§ 511-513 of this title, knows that a person with whom the person conspires to commit a crime has conspired with another person or persons to commit the same crime, the first person is guilty of conspiring to commit the crime with the other person or persons, whether or not the first person knows their identity.
(c) No person may be convicted of conspiracy to commit an offense when an element of the offense is agreement with the person with whom the person is alleged to have conspired, or when the person with whom the person is alleged to have conspired is necessarily involved with the person in the commission of the offense.
11 Del. C. 1953,
§
521;
58 Del. Laws, c. 497,
§
1;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Pazuniak Law Off. LLC v. Pi-Net Int'l, Inc. (Del. Super. Ct. 2017).
“Conspiracy Conspiracy is a criminal offense defined in 11 Del. C. § 521. Generally, a person is guilty of conspiracy when, “intending that another person engage in conduct constituting” a misdemeanor or felony, “the person, solicits, requests, commands, importunes, or otherwise…”
Shorts v. State (Del. 2018).
“Shorts also argues that he could not have been convicted of conspiracy because under Wharton’s rule, a party cannot be convicted of conspiracy if the person he is alleged to have conspired with “is necessarily involved with the person in the commission of the offense.”
White v. State (Del. 2020).
“87 11 Del. C. § 521(a). 21 racketeering activity, they are all objects of the same continuous conspiratorial relationship with his Conspiracy to Commit Racketeering and so merge into it.”
— 11 Del. C. § 521(a) — 1 case
White v. State (Del. 2020).
“87 11 Del. C. § 521(a). 21 racketeering activity, they are all objects of the same continuous conspiratorial relationship with his Conspiracy to Commit Racketeering and so merge into it.”
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