K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5302 (2026)

Conspiracy

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21-5302. Conspiracy. (a) A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator.

(b) It is immaterial to the criminal liability of a person charged with conspiracy that any other person with whom the defendant conspired lacked the actual intent to commit the underlying crime provided that the defendant believed the other person did have the actual intent to commit the underlying crime.

(c) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person's co-conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.

(d) (1) Conspiracy to commit an off-grid felony shall be ranked at nondrug severity level 2. Conspiracy to commit any other nondrug felony shall be ranked on the nondrug scale at two severity levels below the appropriate level for the underlying or completed crime. The lowest severity level for conspiracy to commit a nondrug felony shall be a severity level 10.

(2) The provisions of this subsection shall not apply to a violation of conspiracy to commit the crime of:

(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b), and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

(B) terrorism, as defined in K.S.A. 21-5421, and amendments thereto;

(C) illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422, and amendments thereto;

(D) rape, as defined in K.S.A. 21-5503(a)(3), and amendments thereto, if the offender is 18 years of age or older;

(E) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b)(3), and amendments thereto, if the offender is 18 years of age or older;

(F) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (2), and amendments thereto, if the offender is 18 years of age or older;

(G) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is less than 14 years of age;

(H) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1) or (4), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age;

(I) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto, if the offender is 18 years of age or older and the child is less than 14 years of age; or

(J) violations of the Kansas racketeer influenced and corrupt organization act, as described in K.S.A. 21-6329, and amendments thereto.

(e) Conspiracy to commit a felony which prescribes a sentence on the drug grid shall reduce the prison term prescribed in the drug grid block for an underlying or completed crime by six months.

(f) A conspiracy to commit a misdemeanor is a class C misdemeanor.

History: L. 2010, ch. 136, § 34; L. 2011, ch. 30, § 15; L. 2012, ch. 150, § 3; L. 2013, ch. 78, § 6; L. 2013, ch. 133, § 4; L. 2017, ch. 78, § 7; July 1.

Notes of Decisions
Cited in 20 cases (9 in the last 5 years), 2014–2024 · leading case: State v. Butler, 416 P.3d 116 (Kan. 2018).
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State v. Butler, 416 P.3d 116 (Kan. 2018). · cites it 6× “ANALYSIS K.S.A. 2012 Supp. 21-5302 does not set forth alternative means for committing an overt act in furtherance of a conspiracy.”
State v. Cottrell, 445 P.3d 1132 (Kan. 2019). · cites it 3× “K.S.A. 2012 Supp. 21-5302(a) states: "A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime.”
State v. Cottrell, 390 P.3d 44 (Kan. Ct. App. 2017). · cites it 6× “K.S.A. 2015 Supp. 21-5302(a). Relevant to the claim of error here, the district court provided the following instruction related to the overt acts alleged in this case to have been committed in furtherance of the conspiracy to distribute controlled substances: "A person may be…”
State v. King, 417 P.3d 1073 (Kan. 2018). “In short, we hold a rational fact-finder could find King was one of the robbers beyond a reasonable doubt.”
State v. Gonzalez, 460 P.3d 348 (Kan. 2020). “K.S.A. 2018 Supp. 21-5302(a). A formal agreement is not necessary.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 2× “21-5301 (liability for failed attempt to commit crime); K.S.A. 2018 Supp. 21-5302 (liability for agreement with another person to commit crime coupled with overt act in furtherance of agreement).”
United States v. Xochitl Garcia-Santana, 774 F.3d 528 (9th Cir. 2014). “1 (3); Kan. Stat. Ann. § 21-5302 (a); La.Rev.Stat.”
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014). “1 (3) (West 2013); Kan. Stat. Ann. § 21-5302 (a) (West 2013); Ky.”
State v. Crudo, 541 P.3d 67 (Kan. 2024). “21-5706(b)(3) and/or (b)(7), a class A nonperson misdemeanor; and (4) conspiracy to possess marijuana with the intent to distribute in violation of K.S.A. 2013 Supp. 21-5302(a), a severity level 2, nonperson felony.”
State v. Holder, 502 P.3d 1039 (Kan. 2022). “21-5705(a)(4), (d)(2)(C); K.S.A. 2020 Supp. 21-5302(a) (conspiracy).”
State v. Alston, 551 P.3d 116 (Kan. 2024). · cites it 2× “21-5402 defines murder in the first degree as • "killing of a human being" • "[i]ntentionally, and with premeditation." K.S.A. 21-5402(a)(1). K.S.A. 21-5302(a) defines a conspiracy as • "an agreement with another person" • "to commit a crime or to assist in committing a crime.”
United States v. Xochitl Garcia-Santana, 743 F.3d 666 (9th Cir. 2014). “1 (3); Kan. Stat. Ann. § 21-5302 (a); La.Rev.Stat.”
Show all 20 citing cases →
K.S.A. § 21-5302(a): 13 cases
State v. Butler, 416 P.3d 116 (Kan. 2018). “ANALYSIS K.S.A. 2012 Supp. 21-5302 does not set forth alternative means for committing an overt act in furtherance of a conspiracy.”
State v. Cottrell, 445 P.3d 1132 (Kan. 2019). “K.S.A. 2012 Supp. 21-5302(a) states: "A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime.”
State v. Cottrell, 390 P.3d 44 (Kan. Ct. App. 2017). “K.S.A. 2015 Supp. 21-5302(a). Relevant to the claim of error here, the district court provided the following instruction related to the overt acts alleged in this case to have been committed in furtherance of the conspiracy to distribute controlled substances: "A person may be…”
State v. King, 417 P.3d 1073 (Kan. 2018). “In short, we hold a rational fact-finder could find King was one of the robbers beyond a reasonable doubt.”
State v. Gonzalez, 460 P.3d 348 (Kan. 2020). “K.S.A. 2018 Supp. 21-5302(a). A formal agreement is not necessary.”
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