Ohio Rev. Code » Chapter 2923 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2923.01 (2026)

Conspiracy

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
PDF:
Download Authenticated PDF
 

(A) No person, with purpose to commit or to promote or facilitate the commission of aggravated murder, murder, kidnapping, abduction, compelling prostitution, promoting prostitution, trafficking in persons, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespassing in a habitation when a person is present or likely to be present, engaging in a pattern of corrupt activity, corrupting another with drugs, a felony drug trafficking, manufacturing, processing, or possession offense, theft of drugs, or illegal processing of drug documents, the commission of a felony offense of unauthorized use of a vehicle, illegally transmitting multiple commercial electronic mail messages or unauthorized access of a computer in violation of section 2923.421 of the Revised Code, or the commission of a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes, shall do either of the following:

(1) With another person or persons, plan or aid in planning the commission of any of the specified offenses;

(2) Agree with another person or persons that one or more of them will engage in conduct that facilitates the commission of any of the specified offenses.

(B) No person shall be convicted of conspiracy unless a substantial overt act in furtherance of the conspiracy is alleged and proved to have been done by the accused or a person with whom the accused conspired, subsequent to the accused's entrance into the conspiracy. For purposes of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.

(C) When the offender knows or has reasonable cause to believe that a person with whom the offender conspires also has conspired or is conspiring with another to commit the same offense, the offender is guilty of conspiring with that other person, even though the other person's identity may be unknown to the offender.

(D) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the conspiracy was impossible under the circumstances.

(E) A conspiracy terminates when the offense or offenses that are its objects are committed or when it is abandoned by all conspirators. In the absence of abandonment, it is no defense to a charge under this section that no offense that was the object of the conspiracy was committed.

(F) A person who conspires to commit more than one offense is guilty of only one conspiracy, when the offenses are the object of the same agreement or continuous conspiratorial relationship.

(G) When a person is convicted of committing or attempting to commit a specific offense or of complicity in the commission of or attempt to commit the specific offense, the person shall not be convicted of conspiracy involving the same offense.

(H)(1) No person shall be convicted of conspiracy upon the testimony of a person with whom the defendant conspired, unsupported by other evidence.

(2) If a person with whom the defendant allegedly has conspired testifies against the defendant in a case in which the defendant is charged with conspiracy and if the testimony is supported by other evidence, the court, when it charges the jury, shall state substantially the following:

"The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice's complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a witness may affect the witness' credibility and make the witness' testimony subject to grave suspicion, and require that it be weighed with great caution.

It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth."

(3) "Conspiracy," as used in division (H)(1) of this section, does not include any conspiracy that results in an attempt to commit an offense or in the commission of an offense.

(I) The following are affirmative defenses to a charge of conspiracy:

(1) After conspiring to commit an offense, the actor thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purpose.

(2) After conspiring to commit an offense, the actor abandoned the conspiracy prior to the commission of or attempt to commit any offense that was the object of the conspiracy, either by advising all other conspirators of the actor's abandonment, or by informing any law enforcement authority of the existence of the conspiracy and of the actor's participation in the conspiracy.

(J) Whoever violates this section is guilty of conspiracy, which is one of the following:

(1) A felony of the first degree, when one of the objects of the conspiracy is aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life;

(2) A felony of the next lesser degree than the most serious offense that is the object of the conspiracy, when the most serious offense that is the object of the conspiracy is a felony of the first, second, third, or fourth degree;

(3) A felony punishable by a fine of not more than twenty-five thousand dollars or imprisonment for not more than eighteen months, or both, when the offense that is the object of the conspiracy is a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes;

(4) A misdemeanor of the first degree, when the most serious offense that is the object of the conspiracy is a felony of the fifth degree.

(K) This section does not define a separate conspiracy offense or penalty where conspiracy is defined as an offense by one or more sections of the Revised Code, other than this section. In such a case, however:

(1) With respect to the offense specified as the object of the conspiracy in the other section or sections, division (A) of this section defines the voluntary act or acts and culpable mental state necessary to constitute the conspiracy;

(2) Divisions (B) to (I) of this section are incorporated by reference in the conspiracy offense defined by the other section or sections of the Revised Code.

(L)(1) In addition to the penalties that otherwise are imposed for conspiracy, a person who is found guilty of conspiracy to engage in a pattern of corrupt activity is subject to divisions (B)(2) and (3) of section 2923.32, division (A) of section 2981.04, and division (D) of section 2981.06 of the Revised Code.

(2) If a person is convicted of or pleads guilty to conspiracy and if the most serious offense that is the object of the conspiracy is a felony drug trafficking, manufacturing, processing, or possession offense, in addition to the penalties or sanctions that may be imposed for the conspiracy under division (J)(2) or (4) of this section and Chapter 2929. of the Revised Code, both of the following apply:

(a) The provisions of divisions (D), (F), and (G) of section 2925.03, division (D) of section 2925.04, division (D) of section 2925.05, division (D) of section 2925.06, and division (E) of section 2925.11 of the Revised Code that pertain to mandatory and additional fines, driver's or commercial driver's license or permit suspensions, and professionally licensed persons and that would apply under the appropriate provisions of those divisions to a person who is convicted of or pleads guilty to the felony drug trafficking, manufacturing, processing, or possession offense that is the most serious offense that is the basis of the conspiracy shall apply to the person who is convicted of or pleads guilty to the conspiracy as if the person had been convicted of or pleaded guilty to the felony drug trafficking, manufacturing, processing, or possession offense that is the most serious offense that is the basis of the conspiracy.

(b) The court that imposes sentence upon the person who is convicted of or pleads guilty to the conspiracy shall comply with the provisions identified as being applicable under division (L)(2) of this section, in addition to any other penalty or sanction that it imposes for the conspiracy under division (J)(2) or (4) of this section and Chapter 2929. of the Revised Code.

(M) As used in this section:

(1) "Felony drug trafficking, manufacturing, processing, or possession offense" means any of the following that is a felony:

(a) A violation of section 2925.03, 2925.04, 2925.05, or 2925.06 of the Revised Code;

(b) A violation of section 2925.11 of the Revised Code that is not a minor drug possession offense.

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

Last updated September 25, 2024 at 9:02 AM

Notes of Decisions
Cited in 287 cases (57 in the last 5 years), 1953–2026 · leading case: State v. McFarland (Slip Opinion), 2020 Ohio 3343 (Ohio 2020).
Sort: Relevance Newest Treatment
State v. McFarland (Slip Opinion), 2020 Ohio 3343 (Ohio 2020). · cites it 9× “03(A)(3), which references the conspiracy statute, considering a person complicit who conspires with another to commit an offense in violation of R.C. 2923.01. Since conspiracy is a separate count, we discuss it separately, below.”
State v. Jones, 2019 Ohio 301 (Ohio Ct. App. 2019). · cites it 28× “5 was for the conspiracy leading up to the purchasing and trafficking of the drugs.”
State v. Nelson, 2023 Ohio 3566 (Ohio Ct. App. 2023). · cites it 20× “22CA10 19 him with conspiracy to commit aggravated murder or murder is fatally defective because it “must allege some specific, substantial, overt act performed in furtherance of the conspiracy.”
State v. Childs, 724 N.E.2d 781 (Ohio 2000). · cites it 14× “The issue presented in this appeal is whether an indictment for conspiracy pursuant to R.C. 2923.01, which fails to allege at least one specific, substantial, overt act in furtherance of the conspiracy, is fatally defective for such failure.”
State v. Childs, 728 N.E.2d 379 (Ohio 2000). · cites it 8× “R.C. 2923.01(F) is such a legislative statement.”
State v. Ross, 2012 Ohio 536 (Ohio Ct. App. 2012). · cites it 12× “The instruction shall “substantially” consist of the following: The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice’s complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a…”
Terry v. Ohio, 392 U.S. 1 (1968). · cites it 3× “NOTES [1] Ohio Rev. Code § 2923.01 (1953) provides in part that "[n]o person shall carry a pistol, bowie knife, dirk, or other dangerous weapon concealed on or about his person.”
State v. Knuff, 2024 Ohio 902 (Ohio 2024). · cites it 4× “12(A)(1) Count 20 Conspiracy (to commit or promote or facilitate the commission of aggravated arson), in violation of R.C. 2923.01(A)(1) Count 21 Conspiracy (to commit or promote or facilitate the commission of aggravated arson), in violation of R.”
State v. Berry, 2013 Ohio 2380 (Ohio Ct. App. 2013). · cites it 4× “04(A), a felony of the first degree, Conspiracy to Traffic Cocaine (Count 3), in violation of R.C. 2923.01(A)(2), Conspiracy to Traffic Marijuana (Count 4), in violation of R.”
State v. Moore, 832 N.E.2d 85 (Ohio Ct. App. 2005). · cites it 6× “In Childs , the Ohio Supreme Court was asked to determine “whether an indictment for conspiracy pursuant to R.C. 2923.01, which fails to allege at least one specific, substantial, overt act in furtherance of the conspiracy, is fatally defective for such failure.”
State v. Yarbrough, 95 Ohio St. 3d 227 (Ohio 2002). · cites it 2× “The indictment also charged conspiracy to commit aggravated murder, R.C. 2923.01(A)(2). {¶ 27} Appellant was convicted of all charges and specifications.”
State v. Yarbrough, 2002 Ohio 2126 (Ohio 2002). · cites it 2× “The indictment also charged conspiracy to commit aggravated murder, R.C. 2923.01(A)(2). {¶27} Appellant was convicted of all charges and specifications.”
Show all 287 citing cases →
— Ohio Rev. Code § 2923.01(A) — 25 cases
State v. Leonard, 104 Ohio St. 3d 54 (Ohio 2004).
State v. McFarland (Slip Opinion), 2020 Ohio 3343 (Ohio 2020). “03(A)(3), which references the conspiracy statute, considering a person complicit who conspires with another to commit an offense in violation of R.C. 2923.01. Since conspiracy is a separate count, we discuss it separately, below.”
State v. Gavin, 2015 Ohio 2996 (Ohio Ct. App. 2015).
State v. Blevins, 2019 Ohio 2744 (Ohio Ct. App. 2019).
State v. McDaniel, 2010 Ohio 5215 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2923.01(A)(1) — 75 cases
State v. Moore (Slip Opinion), 2016 Ohio 8288 (Ohio 2016).
State v. Knuff, 2024 Ohio 902 (Ohio 2024). “12(A)(1) Count 20 Conspiracy (to commit or promote or facilitate the commission of aggravated arson), in violation of R.C. 2923.01(A)(1) Count 21 Conspiracy (to commit or promote or facilitate the commission of aggravated arson), in violation of R.”
State v. Morris, 2021 Ohio 2646 (Ohio Ct. App. 2021).
State v. Nelson, 2023 Ohio 3566 (Ohio Ct. App. 2023). “22CA10 19 him with conspiracy to commit aggravated murder or murder is fatally defective because it “must allege some specific, substantial, overt act performed in furtherance of the conspiracy.”
State v. Holin, 880 N.E.2d 515 (Ohio Ct. App. 2007).
— Ohio Rev. Code § 2923.01(A)(2) — 39 cases
State v. Berry, 2013 Ohio 2380 (Ohio Ct. App. 2013). “04(A), a felony of the first degree, Conspiracy to Traffic Cocaine (Count 3), in violation of R.C. 2923.01(A)(2), Conspiracy to Traffic Marijuana (Count 4), in violation of R.”
State v. Jones, 2019 Ohio 301 (Ohio Ct. App. 2019). “5 was for the conspiracy leading up to the purchasing and trafficking of the drugs.”
State v. Nelson, 2023 Ohio 3566 (Ohio Ct. App. 2023). “22CA10 19 him with conspiracy to commit aggravated murder or murder is fatally defective because it “must allege some specific, substantial, overt act performed in furtherance of the conspiracy.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
State v. Knuff, 2024 Ohio 902 (Ohio 2024). “12(A)(1) Count 20 Conspiracy (to commit or promote or facilitate the commission of aggravated arson), in violation of R.C. 2923.01(A)(1) Count 21 Conspiracy (to commit or promote or facilitate the commission of aggravated arson), in violation of R.”
— Ohio Rev. Code § 2923.01(A)(3) — 2 cases
State v. Strong, 2013 Ohio 5189 (Ohio Ct. App. 2013).
State v. Maltos, 2019 Ohio 4900 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2923.01(A)(4) — 1 case
State v. Strong, 2013 Ohio 5189 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2923.01(B) — 25 cases
State v. Childs, 724 N.E.2d 781 (Ohio 2000). “The issue presented in this appeal is whether an indictment for conspiracy pursuant to R.C. 2923.01, which fails to allege at least one specific, substantial, overt act in furtherance of the conspiracy, is fatally defective for such failure.”
State v. McFarland (Slip Opinion), 2020 Ohio 3343 (Ohio 2020). “03(A)(3), which references the conspiracy statute, considering a person complicit who conspires with another to commit an offense in violation of R.C. 2923.01. Since conspiracy is a separate count, we discuss it separately, below.”
State v. Nelson, 2023 Ohio 3566 (Ohio Ct. App. 2023). “22CA10 19 him with conspiracy to commit aggravated murder or murder is fatally defective because it “must allege some specific, substantial, overt act performed in furtherance of the conspiracy.”
State v. Colon, 885 N.E.2d 917 (Ohio 2008).
State v. Moore, 832 N.E.2d 85 (Ohio Ct. App. 2005). “In Childs , the Ohio Supreme Court was asked to determine “whether an indictment for conspiracy pursuant to R.C. 2923.01, which fails to allege at least one specific, substantial, overt act in furtherance of the conspiracy, is fatally defective for such failure.”
— Ohio Rev. Code § 2923.01(D) — 1 case
State v. Ludwick, 2017 Ohio 8463 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2923.01(E) — 4 cases
State v. McFarland (Slip Opinion), 2020 Ohio 3343 (Ohio 2020). “03(A)(3), which references the conspiracy statute, considering a person complicit who conspires with another to commit an offense in violation of R.C. 2923.01. Since conspiracy is a separate count, we discuss it separately, below.”
State v. Tolliver, 765 N.E.2d 894 (Ohio Ct. App. 2001).
State v. Milliner, 648 N.E.2d 528 (Ohio Ct. App. 1994).
State v. Ludwick, 2017 Ohio 8463 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2923.01(F) — 6 cases
State v. Childs, 728 N.E.2d 379 (Ohio 2000). “R.C. 2923.01(F) is such a legislative statement.”
State v. Childs, 2000 Ohio 425 (Ohio 2000).
State v. Holin, 880 N.E.2d 515 (Ohio Ct. App. 2007).
State v. Sands, 2016 Ohio 7150 (Ohio Ct. App. 2016).
State v. Little, 2011 Ohio 3286 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2923.01(G) — 14 cases
State v. Jones, 2019 Ohio 301 (Ohio Ct. App. 2019). “5 was for the conspiracy leading up to the purchasing and trafficking of the drugs.”
State v. Yarbrough, 95 Ohio St. 3d 227 (Ohio 2002). “The indictment also charged conspiracy to commit aggravated murder, R.C. 2923.01(A)(2). {¶ 27} Appellant was convicted of all charges and specifications.”
State v. Yarbrough, 2002 Ohio 2126 (Ohio 2002). “The indictment also charged conspiracy to commit aggravated murder, R.C. 2923.01(A)(2). {¶27} Appellant was convicted of all charges and specifications.”
State v. Evans, 2012 Ohio 1562 (Ohio Ct. App. 2012).
State v. Dapice, 566 N.E.2d 1261 (Ohio Ct. App. 1989).
— Ohio Rev. Code § 2923.01(H) — 4 cases
State v. Eubank, 528 N.E.2d 1294 (Ohio Ct. App. 1987).
State v. Endicott, 651 N.E.2d 1024 (Ohio Ct. App. 1994).
State v. Ferguson, 2013 Ohio 4798 (Ohio Ct. App. 2013).
State v. Johnson, 2018 Ohio 4023 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2923.01(H)(1) — 6 cases
State v. Economo, 666 N.E.2d 225 (Ohio 1996).
State v. Ross, 2012 Ohio 536 (Ohio Ct. App. 2012). “The instruction shall “substantially” consist of the following: The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice’s complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a…”
State v. Endicott, 651 N.E.2d 1024 (Ohio Ct. App. 1994).
State v. Economo, 1996 Ohio 426 (Ohio 1996).
State v. Adkins, 737 N.E.2d 1021 (Ohio Ct. App. 2000).
— Ohio Rev. Code § 2923.01(H)(2) — 7 cases
State v. Ross, 2012 Ohio 536 (Ohio Ct. App. 2012). “The instruction shall “substantially” consist of the following: The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice’s complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a…”
State v. Driggins, 2012 Ohio 5287 (Ohio Ct. App. 2012).
State v. Dapice, 566 N.E.2d 1261 (Ohio Ct. App. 1989).
State v. Endicott, 651 N.E.2d 1024 (Ohio Ct. App. 1994).
State v. Robinson, 670 N.E.2d 1077 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 2923.01(I)(1) — 1 case
State v. Ludwick, 2017 Ohio 8463 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2923.01(I)(1)(2) — 1 case
State v. Endicott, 651 N.E.2d 1024 (Ohio Ct. App. 1994).
— Ohio Rev. Code § 2923.01(I)(2) — 3 cases
State v. Dapice, 566 N.E.2d 1261 (Ohio Ct. App. 1989).
State v. Ludwick, 2017 Ohio 8463 (Ohio Ct. App. 2017).
State v. Fickenworth, 2014 Ohio 2502 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2923.01(J) — 3 cases
State v. Milliner, 648 N.E.2d 528 (Ohio Ct. App. 1994).
State v. Amin, 805 N.E.2d 556 (Ohio Ct. App. 2004).
State v. Karlen, 8 Ohio App. Unrep. 456 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2923.01(J)(1) — 2 cases
State v. Ross, 2012 Ohio 536 (Ohio Ct. App. 2012). “The instruction shall “substantially” consist of the following: The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice’s complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a…”
State v. Stein, 2013 Ohio 3050 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2923.01(J)(2) — 6 cases
State v. Adkins, 737 N.E.2d 1021 (Ohio Ct. App. 2000).
State v. Markins, 2013 Ohio 602 (Ohio Ct. App. 2013).
State v. Moore, 2020 Ohio 6781 (Ohio Ct. App. 2020).
Argote-Romero v. LAZ Parking LTD., L.L.C., 2025 Ohio 400 (Ohio Ct. App. 2025).
Allen v. Warden, Se. Corr. Inst. (S.D. Ohio 2025).
— Ohio Rev. Code § 2923.01(J)(3) — 2 cases
State v. Childs, 728 N.E.2d 379 (Ohio 2000). “R.C. 2923.01(F) is such a legislative statement.”
State v. Childs, 2000 Ohio 425 (Ohio 2000).
— Ohio Rev. Code § 2923.01(J)(4) — 2 cases
State v. Ross, 2012 Ohio 536 (Ohio Ct. App. 2012). “The instruction shall “substantially” consist of the following: The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice’s complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a…”
State v. Adkins, 737 N.E.2d 1021 (Ohio Ct. App. 2000).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.