161.450 “Criminal
conspiracy” described.
(1) A person is guilty of criminal conspiracy if with the intent that conduct
constituting a crime punishable as a felony or a Class A misdemeanor be
performed, the person agrees with one or more persons to engage in or cause the
performance of such conduct.
(2) Criminal
conspiracy is a:
(a) Class A
felony if an object of the conspiracy is commission of murder, treason or a
Class A felony.
(b) Class B
felony if an object of the conspiracy is commission of a Class B felony.
(c) Class C
felony if an object of the conspiracy is commission of a Class C felony.
(d) Class A
misdemeanor if an object of the conspiracy is commission of a Class A
misdemeanor. [1971 c.743 §59]
Notes of Decisions
Cited in
152
cases (
21 in the last 5 years), 1973–2026 · leading case:
State v. Williams, 828 P.2d 1006 (Or. 1992).
State v. Williams, 828 P.2d 1006 (Or. 1992).
· cites it 2× “Defendant was also charged with two counts of conspiracy to commit murder, ORS 161.450; two counts of first degree kidnapping, ORS 163.”
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021).
“435, and conspiracy, ORS 161.450—was intended to be separate from, and less serious than, the underlying crime.”
State v. Charlesworth, 951 P.2d 153 (Or. Ct. App. 1997).
· cites it 3× “720(3); four counts of conspiracy to commit racketeering, ORS 161.450, 166.720(3), 166.720(4); one count of delivery of a controlled substance, ORS 475.”
State v. Stout, 415 P.3d 567 (Or. 2018).
· cites it 2× “" ORS 161.450(1). As the text of ORS 161.450(1) suggests, the crime of conspiracy is complete with the act of agreeing and the intent that the criminal conduct occur.”
State v. Reger, 372 P.3d 26 (Or. Ct. App. 2016).
· cites it 2× “115; conspiracy to commit murder, ORS 161.450 and ORS 163.115; and assault in the second degree, ORS 163.”
State v. Gonzales-Gutierrez, 171 P.3d 384 (Or. Ct. App. 2007).
· cites it 3× “095, three counts of conspiracy to commit aggravated murder, ORS 161.450, three counts of solicitation to commit aggravated murder, ORS 161.”
State v. Kimbrough, 431 P.3d 76 (Or. 2018).
“" Together with criminal conspiracy, defined in ORS 161.450, attempt and solicitation are classified as inchoate offenses, because they may result in a conviction even when no substantive crime has been completed.”
Granewich v. Harding, 985 P.2d 788 (Or. 1999).
“155 (establishing criminal liability for aiding and abetting in the planning or commission of a crime); ORS 161.450 (describing criminal conspiracy).”
United States v. Jorge Cisneros, 826 F.3d 1190 (9th Cir. 2016).
“The government based its proposed sentence enhancement on six of Cisneros’s prior convictions: one conviction for conspiracy to deliver a controlled substance, see Or. Rev. Stat. §§ 161.450 , 475.752, three convictions for fleeing or attempting to elude a police officer, see id.”
State v. Miller, 103 P.3d 112 (Or. Ct. App. 2004).
“ORS 161.450. Here, the state produced no evidence that defendant entered into an agreement to deliver methamphetamine.”
State v. Seggerman, 3 P.3d 168 (Or. Ct. App. 2000).
· cites it 2× “055 1 ; ORS 161.450. 2 He assigns error to the sentencing court’s order of restitution.”
State v. Coleman, 883 P.2d 266 (Or. Ct. App. 1994).
· cites it 4× “012, conspiracy to promote prostitution, ORS 161.450, racketeering, ORS 166.720, and other related crimes.”
— Or. Rev. Stat. § 161.450(1) — 27 cases
State v. Stout, 415 P.3d 567 (Or. 2018).
“" ORS 161.450(1). As the text of ORS 161.450(1) suggests, the crime of conspiracy is complete with the act of agreeing and the intent that the criminal conduct occur.”
— Or. Rev. Stat. § 161.450(2) — 1 case
— Or. Rev. Stat. § 161.450(2)(a) — 4 cases
— Or. Rev. Stat. § 161.450(2)(b) — 1 case
— Or. Rev. Stat. § 161.450(2)(c) — 1 case
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