Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-202 (2026)

Conspiracy, defined; penalty

✓ current as of July 2026
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(1) A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony:

(a) He agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result specified by the definition of the offense; and

(b) He or another person with whom he conspired commits an overt act in pursuance of the conspiracy.

(2) If a person knows that one 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 such crime with such other person or persons whether or not he knows their identity.

(3) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.

(4) Conspiracy is a crime of the same class as the most serious offense which is an object of the conspiracy, except that conspiracy to commit a Class I felony is a Class II felony.

A person prosecuted for a criminal conspiracy shall be acquitted if such person proves by a preponderance of the evidence that his or her conduct occurred in response to an entrapment.

Notes of Decisions
Cited in 68 cases (14 in the last 5 years), 1976–2026 · leading case: State v. Theisen, 306 Neb. 591 (Neb. 2020).
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State v. Theisen, 306 Neb. 591 (Neb. 2020). · cites it 9× “2018), a per- son is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He [or she] agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result…”
State v. Henry, 875 N.W.2d 374 (Neb. 2016). · cites it 4× “39 Neb. Rev. Stat. § 28-202 (1) (Reissue 2008), which defines criminal conspiracy, states: A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees with one or more persons that they or one or more of them…”
State v. Russell, 292 Neb. 501 (Neb. 2016). · cites it 7× “Russell was charged with conspiracy to commit unlawful possession with intent to deliver a controlled substance, crack cocaine, under Neb. Rev. Stat. § 28-202 (Reissue 2008), a Class IB felony.”
State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016). · cites it 2× “” Here, the most serious offense which was an object of the conspiracy was kidnapping, a Class IA felony.”
State v. Copple, 401 N.W.2d 141 (Neb. 1987). · cites it 5× “Neb. Rev. Stat. § 28-202 (Reissue 1985). However, the information did not allege a conspiracy in violation of § 28-202, but alleged two counts of theft in violation of § 28-511(1).”
State v. Null, 526 N.W.2d 220 (Neb. 1995). · cites it 8× “§ 28-917 (l)(a) (Reissue 1989), a Class IV felony, and with conspiracy to commit bribery in violation of Neb. Rev. Stat. § 28-202 (1) (Reissue 1989), also a Class IV felony.”
State v. Davis, 969 N.W.2d 861 (Neb. 2022). · cites it 7× “§ 28-324 (1) (Reissue 2016); conspiracy to commit robbery, in violation of Neb. Rev. Stat. § 28-202 (Cum. Supp 2020); and use of a deadly weapon other than a firearm to - 867 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v.”
State v. Heitman, 629 N.W.2d 542 (Neb. 2001). · cites it 3× “” Neb. Rev. Stat. § 28-202 (Reissue 1995) provides: (1) A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees with one or more persons that they or one or more of them shall engage in or solicit the…”
State v. Estrada Comacho, 309 Neb. 494 (Neb. 2021). · cites it 4× “With regard to Comacho’s conviction for conspiracy to dis- tribute a controlled substance, under Neb. Rev. Stat. § 28-202 (1) (Cum. Supp. 2020): A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees…”
State v. John, 328 N.W.2d 181 (Neb. 1982). · cites it 9× “The defendant was charged with the crime of criminal conspiracy as defined by Neb. Rev. Stat. § 28-202 (Reissue 1979), found guilty by a jury, and sentenced to a term of 1 to 5 years’ imprisonment.”
State v. Miller, 315 Neb. 951 (Neb. 2024). · cites it 2× “Conspiracy was charged as a violation of Neb. Rev. Stat. § 28-202 (Cum. Supp. 2022), which provides in part: (1) A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees with one or more persons that they…”
State v. Edwards, 837 N.W.2d 81 (Neb. 2013). · cites it 2× “Kinkennon,28 the defendant sought a special prosecutor after an attorney who worked in the same firm as his defense counsel began working for the county attorney’s office. We declined to adopt a per se rule that would require disqualification of an entire prosecuting office…”
Show all 68 citing cases →
— Neb. Rev. Stat. § 28-202(1) — 7 cases
State v. Henry, 875 N.W.2d 374 (Neb. 2016). “39 Neb. Rev. Stat. § 28-202 (1) (Reissue 2008), which defines criminal conspiracy, states: A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees with one or more persons that they or one or more of them…”
State v. Theisen, 306 Neb. 591 (Neb. 2020). “2018), a per- son is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He [or she] agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result…”
State v. Davis, 969 N.W.2d 861 (Neb. 2022). “§ 28-324 (1) (Reissue 2016); conspiracy to commit robbery, in violation of Neb. Rev. Stat. § 28-202 (Cum. Supp 2020); and use of a deadly weapon other than a firearm to - 867 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v.”
State v. Knight, 479 N.W.2d 792 (Neb. 1992).
State v. Archer, 307 Neb. 330 (Neb. 2020).
— Neb. Rev. Stat. § 28-202(1)(a) — 2 cases
State v. Theisen, 306 Neb. 591 (Neb. 2020). “2018), a per- son is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He [or she] agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result…”
State v. Golter, 342 N.W.2d 650 (Neb. 1983).
— Neb. Rev. Stat. § 28-202(1)(b) — 4 cases
State v. Theisen, 306 Neb. 591 (Neb. 2020). “2018), a per- son is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He [or she] agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result…”
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014).
United States v. Xochitl Garcia-Santana, 743 F.3d 666 (9th Cir. 2014).
United States v. Xochitl Garcia-Santana, 774 F.3d 528 (2014).
— Neb. Rev. Stat. § 28-202(3) — 2 cases
State v. Clason, 526 N.W.2d 673 (Neb. Ct. App. 1994).
State v. Honken, 25 Neb. Ct. App. 352 (Neb. Ct. App. 2017).
— Neb. Rev. Stat. § 28-202(4) — 5 cases
State v. Russell, 292 Neb. 501 (Neb. 2016). “Russell was charged with conspiracy to commit unlawful possession with intent to deliver a controlled substance, crack cocaine, under Neb. Rev. Stat. § 28-202 (Reissue 2008), a Class IB felony.”
State v. Estrada Comacho, 309 Neb. 494 (Neb. 2021). “With regard to Comacho’s conviction for conspiracy to dis- tribute a controlled substance, under Neb. Rev. Stat. § 28-202 (1) (Cum. Supp. 2020): A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees…”
State v. Knight, 479 N.W.2d 792 (Neb. 1992).
State v. Juarez, 528 N.W.2d 344 (Neb. Ct. App. 1995).
State v. Honken, 25 Neb. Ct. App. 352 (Neb. Ct. App. 2017).
— Neb. Rev. Stat. § 28-202(b) — 1 case
United States v. Cornelio-Pena, 435 F.3d 1279 (10th Cir. 2006).
— Neb. Rev. Stat. § 28-202(l)(b) — 2 cases
State v. Copple, 401 N.W.2d 141 (Neb. 1987). “Neb. Rev. Stat. § 28-202 (Reissue 1985). However, the information did not allege a conspiracy in violation of § 28-202, but alleged two counts of theft in violation of § 28-511(1).”
State v. Null, 526 N.W.2d 220 (Neb. 1995). “§ 28-917 (l)(a) (Reissue 1989), a Class IV felony, and with conspiracy to commit bribery in violation of Neb. Rev. Stat. § 28-202 (1) (Reissue 1989), also a Class IV felony.”
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