Ky. Rev. Stat. » Chapter 506

Ky. Rev. Stat. § 506.040

Criminal conspiracy

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(1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he: (a) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or (b) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime. (2) Except as provided in subsection (3) of this section, or in a specific statute to the contrary, a criminal conspiracy is a: (a) Class C felony when the conspiratorial agreement is a violation of KRS 521.020 or 521.050; (b) Class B felony when the object of the conspiratorial agreement is a Class A felony or capital offense; (c) Class C felony when the object of the conspiratorial agreement is a Class B felony; (d) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony; (e) Class B misdemeanor when the object of the conspiratorial agreement is a misdemeanor. (3) Any person who is eighteen (18) years of age or older who engages in a criminal conspiracy with a minor shall be charged one (1) level higher than the level provided for the offense which is the object of the conspiratorial agreement. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 38, effective July 15, 2024. -- Amended 1994 Ky. Acts ch. 477, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 441, sec. 25, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 181, sec. 2, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 52, effective January 1, 1975.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1986–2024 · leading case: Brewer v. Commonwealth
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Brewer v. Commonwealth (2006) ky · cites it 2× ““KRS 506.040 [regarding criminal conspiracy] is distinguishable from KRS 506.”
Iris Jennings v. Commonwealth of Kentucky (2016) ky · cites it 2× “040 (“Complicity”) and KRS 506.040 (“Criminal Conspiracy”) provides useful insight which informs our understanding of the application of KRS 506.”
Fletcher v. Graham (2006) ky · cites it 2× “030, [8] KRS 506.040, [9] KRS 506.070, [10] *375 KRS 506.”
Dishman v. Commonwealth (1995) ky · cites it 3× “1402 prohibits a conspiracy as defined in KRS 506.040. KRS 506.040 is distinguishable from KRS 506.”
Kentucky Laborers District Council Health & Welfare Trust Fund v. Hill & Knowlton, Inc. (1998) kywd · cites it 2× “175, and § 506.040. They contend that Defendants’ deceptions and their conspiracy in restraint of trade damaged the Funds and their Participants by causing more smoking-related illnesses and higher health care costs.”
Corbett v. Commonwealth (1986) ky · cites it 2× “10(2), and sets out an offense under KRS 506.040 and KRS 507.020. These arguments are without merit.”
Commonwealth v. Groves (2006) kyctapp “KRS 506.040, KRS 18A.140(1), and KRS 18A.”
United States v. Xochitl Garcia-Santana (2014) ca9 “Code § 22-1805(a)(b); 9 Guam Code Ann. § 13.30 ; P.R. Laws Ann.”
Fulton v. Commonwealth (1992) kyctapp “While it is true that mere criminal conspiracy to commit a Class C or D felony constitutes a Class A misdemeanor (KRS 506.040), when the actual crime is committed, the co-conspirators are guilty of the committed offense by complicity.”
Turbyfill v. Executive Branch Ethics Commission (2010) kyctapp “030, KRS 506.040, KRS 506.070, KRS 506.080, KRS 524.”
Jerry Allen Stewart v. Commonwealth of Kentucky (2022) kyctapp · cites it 7× “1402, which provides that “[a]ny person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter.”
Iris Jennings v. Commonwealth of Kentucky (2016) ky · cites it 2× “040 ("Complicity") and KRS 506.040 ("Criminal Conspiracy") provides useful insight which informs our understanding of the application of KRS 506.”
Show all 17 citing cases →
— Ky. Rev. Stat. § 506.040(1) — 3 cases
United States v. Xochitl Garcia-Santana (2014) ca9 “Code § 22-1805(a)(b); 9 Guam Code Ann. § 13.30 ; P.R. Laws Ann.”
United States v. Xochitl Garcia-Santana (2014)
Jerry Allen Stewart v. Commonwealth of Kentucky (2022) kyctapp “1402, which provides that “[a]ny person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter.”
— Ky. Rev. Stat. § 506.040(2) — 2 cases
Jerry Allen Stewart v. Commonwealth of Kentucky (2022) kyctapp “1402, which provides that “[a]ny person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter.”
Commonwealth v. Speakes (1987) ky
— Ky. Rev. Stat. § 506.040(2)(c) — 1 case
Christopher Hill v. Commonwealth of Kentucky (2023) kyctapp
— Ky. Rev. Stat. § 506.040(2)(d) — 1 case
Jerry Allen Stewart v. Commonwealth of Kentucky (2022) kyctapp “1402, which provides that “[a]ny person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter.”
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