Texas Codes

Tex. Penal Code § 15.02 (2026)

Criminal Conspiracy

✓ current as of May 2026

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Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in pursuance of the agreement.

(b) An agreement constituting a conspiracy may be inferred from acts of the parties.

(1) one or more of the coconspirators is not criminally responsible for the object offense;

(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;

(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or

(5) the object offense was actually committed.

(d) An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor. This subsection does not apply to an offense under Section 76.02.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 4, eff. September 1, 2023.

Notes of Decisions

Cited in 200 cases (18 in the last 5 years), 1983–2026 · leading case: United States v. Gore, 636 F.3d 728 (5th Cir. 2011).

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United States v. Gore, 636 F.3d 728 (5th Cir. 2011). · cites it 14× “The first is the conspiracy statute, Texas Penal Code § 15.02, which provides that A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the…”

State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). · cites it 10× “In the third count of an indictment returned by a grand jury to the 147th Judicial District Court on September 13, 2005, Colyandro and Ellis were charged with conspiracy to make an unlawful political contribution in violation of Texas Penal Code Section 15.02 and Sections 253.”

Winfrey, Megan AKA Megan Winfrey Hammond, 393 S.W.3d 763 (Tex. Crim. App. 2013). · cites it 4× “Tex. Penal Code Ann. § 15.02 (a) (West 2003).”

Thompson v. State, 54 S.W.3d 88 (Tex. App. 2001). · cites it 4× “See Tex.Pen.Code Ann. § 15.02(a) (Vernon Supp.”

State v. Mercier, 164 S.W.3d 799 (Tex. App. 2005). · cites it 4× “See Tex. Pen.Code Ann. § 15.02 (Vernon 2003).”

Guthrie-Nail v. State, 506 S.W.3d 1 (Tex. Crim. App. 2015). · cites it 3× “Compare Tex. Penal Code § 15.02 (“Criminal Conspiracy”) -with Tex Penal Code § 7.”

Barrera v. State, 321 S.W.3d 137 (Tex. App. 2010). · cites it 4× “See Tex. Penal Code Ann. § 15.02 (a)(1),(2) (providing that a person commits criminal conspiracy by agreeing with one or more persons that they or one or more of them will *146 engage in conduct constituting the offense); Barber, 764 S.”

Cantrell v. State, 75 S.W.3d 503 (Tex. App. 2002). · cites it 3× “Tex. Pen.Code Ann. § 15.02 (Vernon 1994), § 82.”

Damian Lamon Murkledove v. State, 437 S.W.3d 17 (Tex. App. 2014). · cites it 3× “See Tex. Penal Code Ann. § 15.02 (d). 8 guilt-innocence stage is improper.”

Thomas Dale DeLay v. State, 410 S.W.3d 902 (Tex. App. 2013). · cites it 6× “See Tex. Penal Code §§ 15.02, 34.02.1 The predicate offense to support the money laundering conviction was a felony Election Code violation.”

Sharol Martin v. State, 405 S.W.3d 944 (Tex. App. 2013). · cites it 2× “11 Tex. Penal Code Ann. § 15.02 . Because Martin was previously convicted of trafficking in methamphetamines, a felony, Section 12.”

William Gilmore v. State, 397 S.W.3d 226 (Tex. App. 2012). · cites it 3× “02 of the penal code — the statute for the offense of criminal conspiracy — Appellant argues that “the State’s selection of conspiracy terms in the Jury Charge gives it the extra burden which was not met.”

Show all 200 citing cases →

— Tex. Penal Code § 15.02(a) — 53 cases

State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). “In the third count of an indictment returned by a grand jury to the 147th Judicial District Court on September 13, 2005, Colyandro and Ellis were charged with conspiracy to make an unlawful political contribution in violation of Texas Penal Code Section 15.02 and Sections 253.”

Winfrey, Megan AKA Megan Winfrey Hammond, 393 S.W.3d 763 (Tex. Crim. App. 2013). “Tex. Penal Code Ann. § 15.02 (a) (West 2003).”

United States v. Gore, 636 F.3d 728 (5th Cir. 2011). “The first is the conspiracy statute, Texas Penal Code § 15.02, which provides that A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the…”

Thompson v. State, 54 S.W.3d 88 (Tex. App. 2001). “See Tex.Pen.Code Ann. § 15.02(a) (Vernon Supp.”

Ladd v. State, 3 S.W.3d 547 (Tex. Crim. App. 1999).

— Tex. Penal Code § 15.02(a)(1) — 5 cases

Ex Parte Brosky, 863 S.W.2d 783 (Tex. App. 1993).

Ramirez v. State, 801 S.W.2d 110 (Tex. App. 1990).

Jose Reynaldo Zamora Banegas v. State (Tex. App. 2019).

Charles Wade Briggs v. the State of Texas (Tex. App. 2023).

David Anthony Caserta v. State of Texas (Tex. App. 2013).

— Tex. Penal Code § 15.02(a)(2) — 9 cases

Guthrie-Nail v. State, 506 S.W.3d 1 (Tex. Crim. App. 2015). “Compare Tex. Penal Code § 15.02 (“Criminal Conspiracy”) -with Tex Penal Code § 7.”

Lang, Terri Regina, 561 S.W.3d 174 (Tex. Crim. App. 2018).

Abbett v. State, 694 S.W.2d 534 (Tex. App. 1984).

Ramirez v. State, 801 S.W.2d 110 (Tex. App. 1990).

— Tex. Penal Code § 15.02(b) — 10 cases

Thompson v. State, 54 S.W.3d 88 (Tex. App. 2001). “See Tex.Pen.Code Ann. § 15.02(a) (Vernon Supp.”

State v. Mercier, 164 S.W.3d 799 (Tex. App. 2005). “See Tex. Pen.Code Ann. § 15.02 (Vernon 2003).”

Walker v. State, 828 S.W.2d 485 (Tex. App. 1992).

Cuellar v. State, 13 S.W.3d 449 (Tex. App. 2000).

Naranjo v. State, 745 S.W.2d 430 (Tex. App. 1988).

— Tex. Penal Code § 15.02(c) — 1 case

Carrion v. State, 802 S.W.2d 83 (Tex. App. 1990).

— Tex. Penal Code § 15.02(c)(3) — 1 case

Hall v. State, 137 S.W.3d 847 (Tex. App. 2004).

— Tex. Penal Code § 15.02(c)(5) — 2 cases

Barrera v. State, 321 S.W.3d 137 (Tex. App. 2010). “See Tex. Penal Code Ann. § 15.02 (a)(1),(2) (providing that a person commits criminal conspiracy by agreeing with one or more persons that they or one or more of them will *146 engage in conduct constituting the offense); Barber, 764 S.”

Walker v. State, 828 S.W.2d 485 (Tex. App. 1992).

— Tex. Penal Code § 15.02(d) — 4 cases

Flores v. State, 681 S.W.2d 94 (Tex. App. 1984).

Kedrick McDow v. State (Tex. App. 2019).

David Anthony Caserta v. State of Texas (Tex. App. 2013).

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