Mississippi Code
Miss. Code Ann. § 97-1-1 (2026)
Conspiracy
✓ current as of July 2026
- (1) If two (2) or more persons conspire either:
- (a) To commit a crime; or
- (b) Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or
- (c) Falsely to institute or maintain an action or suit of any kind; or
- (d) To cheat and defraud another out of property by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or
- (e) To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use of employment thereof; or
- (f) To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; or
- (g) To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or
- (h) To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both.
- (2) Where one (1) or more of the conspirators is a law enforcement officer engaged in the performance of official duty or a person acting at the direction of a law enforcement officer in the performance of official duty, any remaining conspirator may be charged under this section if the alleged conspirator acted voluntarily and willfully and was not entrapped by the law enforcement officer or person acting at the direction of a law enforcement officer.
- (3) Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section 41-29-139(b)(1), Section 41-29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.
- (4) Where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as a misdemeanor as provided by law.
Codes, 1892, § 1006; 1906, § 1084; Hemingway's 1917, § 810; 1930, § 830; 1942, § 2056; Laws, 1954, Ex. ch. 20; Laws, 1968, ch. 343, § 1; Laws, 1981, ch. 488, § 1; Laws, 2007, ch. 500, § 1, eff. 7/1/2007.
Notes of Decisions
Cited in 203
cases (25 in the last 5 years), 1974–2026 · leading case: Gardner v. State, 531 So. 2d 805 (Miss. 1988).
Gardner v. State, 531 So. 2d 805 (Miss. 1988). “DID THE INDICTMENT FAIL TO CHARGE A FELONY PERMITTING THE SENTENCE OF IMPRISONMENT? The indictment against Gardner charged the felonious crime of conspiracy in violation of Miss. Code Ann. § 97-1-1 (1972) to accomplish with other co-conspirators an unlawful purpose.”
Robert Carson v. State of Mississippi, 212 So. 3d 22 (Miss. 2016). “§ 97-3-79 [] (1972, as amended), thereby violating Miss. Code Ann. § 97-1-1 (1972, as amended).”
Berry v. State, 996 So. 2d 782 (Miss. 2008). “"In order to prove a conspiracy under Miss.Code Ann. § 97-1-1, the State was required to show that two or more persons agreed to commit a crime or agreed to accomplish an unlawful purpose.”
Davis v. State, 485 So. 2d 1055 (Miss. 1986). “ously combine, confederate, conspire and agree with one another, and diverse other persons, the names of which being to the Grand Jury unknown, to: wilfully, unlawfully, feloniously, purposely and intentionally possess a certain controlled substance, towit: heroin, a schedule I…”
State v. Thomas, 645 So. 2d 931 (Miss. 1994). “1993) for commercial burglary and Miss Code Ann. § 97-1-1 (Supp. 1993) for conspiracy.”
James v. State, 481 So. 2d 805 (Miss. 1985). “Miss. Code Ann. §§ 97-1-1 (a) and 97-3-19(2)(d) (Supp.”
Byrom v. State, 863 So. 2d 836 (Miss. 2003). “The indictment tracked *867 the language of Miss.Code Ann. § 97-1-1 (1994), and sufficiently notified Farris of the charge against him, thus enabling him to prepare a defense.”
Stewart v. State, 662 So. 2d 552 (Miss. 1995). “§ 97-3-19 (2)(d) (1972), and with conspiracy to commit capital murder in violation of Miss. Code Ann. § 97-1-1 (1972). Trial commenced on August 10, 1992 in the Circuit Court of Humphreys County, and the jury convicted Stewart of capital murder and sentenced him to death after…”
Brown v. State, 796 So. 2d 223 (Miss. 2001). “Kenny Markcol Brown ("Brown" a/k/a "Little Kenny") was indicted, along with Willie James Holmes ("Holmes" a/k/a "Shorty") and Patrick O'Neal Gowdy ("Gowdy"), under Miss. Code Ann. § 97-1-1 (2000) for conspiracy to commit murder and under Miss.”
Hensley v. State, 72 So. 3d 1065 (Miss. 2011). “Miss.Code Ann. § 97-1-1 (Rev.2006). The statute also provides enhanced sentencing *1069 for specific conspiracy crimes.”
Mitchell v. State, 572 So. 2d 865 (Miss. 1990). “On October 13, 1987, the jury convicted Mitchell, and the Circuit Court ordered him committed to the custody of the Mississippi Department of Corrections for a term of four years.”
Johnson v. State, 642 So. 2d 924 (Miss. 1994). “1990), citing Miss. Code Ann. § 97-1-1 (1972). See also Minor v.”
— Miss. Code Ann. § 97-1-1(1) — 4 cases
Lewis v. State, 48 So. 3d 583 (Miss. Ct. App. 2010).
Christopher Edward Thomas v. State of Mississippi, 180 So. 3d 756 (Miss. Ct. App. 2015).
Duane Robert Henderson v. State of Mississippi (Miss. 2021).
Kurt Mishael Magee a/k/a Kurt M. Magee v. State of Mississippi (Miss. Ct. App. 2022).
— Miss. Code Ann. § 97-1-1(1)(a) — 7 cases
Glenn v. State, 996 So. 2d 148 (Miss. Ct. App. 2008).
Hayes v. State, 168 So. 3d 1065 (Miss. Ct. App. 2013).
Martin Blake Pugh v. State of Mississippi, 270 So. 3d 949 (Miss. Ct. App. 2018).
Duane Robert Henderson v. State of Mississippi (Miss. 2021).
Michael Shipp a/k/a Michael Kincaid Shipp v. State of Mississippi (Miss. Ct. App. 2024).
— Miss. Code Ann. § 97-1-1(1)(h) — 1 case
Reginald Desmond Wallace v. State of Mississippi, 184 So. 3d 993 (Miss. Ct. App. 2016).
— Miss. Code Ann. § 97-1-1(1972) — 1 case
Clubb v. State, 672 So. 2d 1201 (Miss. 1996).
— Miss. Code Ann. § 97-1-1(1994) — 1 case
Farris v. State, 764 So. 2d 411 (Miss. 2000).
— Miss. Code Ann. § 97-1-1(2) — 2 cases
Duane Robert Henderson v. State of Mississippi (Miss. 2021).
Renardo Townsend a/k/a Renardo Eugene Townsend v. State of Mississippi (Miss. Ct. App. 2022).
— Miss. Code Ann. § 97-1-1(3) — 4 cases
Hensley v. State, 72 So. 3d 1065 (Miss. 2011). “Miss.Code Ann. § 97-1-1 (Rev.2006). The statute also provides enhanced sentencing *1069 for specific conspiracy crimes.”
Watts v. State, 981 So. 2d 1034 (Miss. Ct. App. 2008).
Cliff Hensley v. State of Mississippi (Miss. 2010).
Brooks v. State, 158 So. 3d 314 (Miss. Ct. App. 2014).
— Miss. Code Ann. § 97-1-1(4) — 1 case
Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker v. State of Mississippi (Miss. Ct. App. 2024).
— Miss. Code Ann. § 97-1-1(a) — 15 cases
Berry v. State, 996 So. 2d 782 (Miss. 2008). “"In order to prove a conspiracy under Miss.Code Ann. § 97-1-1, the State was required to show that two or more persons agreed to commit a crime or agreed to accomplish an unlawful purpose.”
Stovall v. State, 873 So. 2d 1056 (Miss. Ct. App. 2004).
Herring v. State, 691 So. 2d 948 (Miss. 1997).
Littlejohn v. State, 593 So. 2d 20 (Miss. 1992).
Berry v. State, 996 So. 2d 793 (Miss. Ct. App. 2007).
— Miss. Code Ann. § 97-1-1(a)(1) — 1 case
Foriest v. State, 4 So. 3d 385 (Miss. Ct. App. 2009).
— Miss. Code Ann. § 97-1-1(a)(f)(h) — 1 case
Davis v. State, 485 So. 2d 1055 (Miss. 1986). “ously combine, confederate, conspire and agree with one another, and diverse other persons, the names of which being to the Grand Jury unknown, to: wilfully, unlawfully, feloniously, purposely and intentionally possess a certain controlled substance, towit: heroin, a schedule I…”
— Miss. Code Ann. § 97-1-1(h) — 6 cases
Lee v. State, 756 So. 2d 744 (Miss. 1999).
Clubb v. State, 672 So. 2d 1201 (Miss. 1996).
Lane v. State, 562 So. 2d 1235 (Miss. 1990).
Edmond v. State, 906 So. 2d 798 (Miss. Ct. App. 2004).
McMinn v. State, 867 So. 2d 268 (Miss. Ct. App. 2004).
— Miss. Code Ann. § 97-1-1(i) — 1 case
Dennis Taylor v. State of Mississippi (Miss. 2010).
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