(1) No person may be convicted of conspiracy to commit a crime unless an overt act in
furtherance of the conspiracy is alleged and proved to have been committed by one
(1) of the conspirators.
(2) A person who conspires to commit more than one (1) crime, all of which are the
object of the same agreement or continuous conspiratorial relationship, is guilty of
only one (1) conspiracy. The classification of this crime under subsection (2) of
KRS 506.040 shall be determined by the most serious offense which he is found
guilty of conspiring to commit.
(3) If a person guilty of conspiracy, as defined by KRS 506.040, knows that a person
with whom he conspires to commit a crime has conspired with another person or
persons to commit the same crime, he is guilty of conspiring to commit the crime
with the other person or persons, whether or not he knows their identity.
(4) No person may be convicted of conspiracy to commit a crime when an element of
that crime is agreement with the person with whom he is alleged to have conspired
or when that crime is so defined that his conduct is an inevitable incident to its
commission.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 53, effective January 1, 1975.
Notes of Decisions
Wyatt v. Commonwealth (2007)
ky · cites it 2×
“However, the Commonwealth counters that there is no statutory provision analogous to KRS 506.050(2) which applies to criminal solicitation.”
Tribbett v. Commonwealth (1978)
ky
“Tribbett also claims that his convictions run afoul of the restrictions of KRS 506.050(2). Because he was neither charged with nor convicted of the substantive offense of conspiracy, this statute is irrelevant.”
Jerry Allen Stewart v. Commonwealth of Kentucky (2022)
kyctapp
“See KRS 506.050(1). It does not present a unanimity problem if multiple overt acts are presented via the proof – the jury is required only to determine unanimously that an overt act was taken in furtherance of the conspiracy; any failure of all twelve jurors to base their…”
Commonwealth v. Speakes (1987)
ky · cites it 2×
“Prior to trial, Speakes had filed a motion to dismiss the indictment because he contended that it failed to allege an overt act in furtherance of the conspiracy as required by KRS 506.050(1). A majority of a panel of the Court of Appeals agreed and reversed the conviction…”
— Ky. Rev. Stat. § 506.050(1) — 3 cases
Jerry Allen Stewart v. Commonwealth of Kentucky (2022)
kyctapp
“See KRS 506.050(1). It does not present a unanimity problem if multiple overt acts are presented via the proof – the jury is required only to determine unanimously that an overt act was taken in furtherance of the conspiracy; any failure of all twelve jurors to base their…”
Commonwealth v. Speakes (1987)
ky
“Prior to trial, Speakes had filed a motion to dismiss the indictment because he contended that it failed to allege an overt act in furtherance of the conspiracy as required by KRS 506.050(1). A majority of a panel of the Court of Appeals agreed and reversed the conviction…”
— Ky. Rev. Stat. § 506.050(2) — 2 cases
Wyatt v. Commonwealth (2007)
ky
“However, the Commonwealth counters that there is no statutory provision analogous to KRS 506.050(2) which applies to criminal solicitation.”
Tribbett v. Commonwealth (1978)
ky
“Tribbett also claims that his convictions run afoul of the restrictions of KRS 506.050(2). Because he was neither charged with nor convicted of the substantive offense of conspiracy, this statute is irrelevant.”
— Ky. Rev. Stat. § 506.050(4) — 3 cases
— Ky. Rev. Stat. § 506.050(h) — 1 case
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