(a) If any person shall conspire, confederate or combine with another, either within or outside the Commonwealth, to commit a felony within the Commonwealth, or if he shall so conspire, confederate or combine with another within the Commonwealth to commit a felony either within or outside the Commonwealth, he shall be guilty of a felony that shall be punishable as follows:
(1) Every person who so conspires to commit an offense that is punishable as a Class 1 felony is guilty of a Class 3 felony;
(2) Every person who so conspires to commit an offense that is any other felony is guilty of a Class 5 felony; and
(3) Every person who so conspires to commit an offense the maximum punishment for which is confinement in a state correctional facility for a period of less than five years shall be confined in a state correctional facility for a period of one year, or, in the discretion of the jury or the court trying the case without a jury, may be confined in jail not exceeding 12 months and fined not exceeding $500, either or both.
(b) However, in no event shall the punishment for a conspiracy to commit an offense exceed the maximum punishment for the commission of the offense itself.
(c) Jurisdiction for the trial of any person accused of a conspiracy under this section shall be in the county or city wherein any part of such conspiracy is planned or in the county or city wherein any act is done toward the consummation of such plan or conspiracy.
(d) The penalty provisions of this section shall not apply to any person who conspires to commit any offense defined in the Drug Control Act (§ 54.1-3400 et seq.) or of Article 1 (§ 18.2-247 et seq.) of Chapter 7. The penalty for any such violation shall be as provided in § 18.2-256.
Code 1950, § 18.1-15.3; 1972, c. 484; 1973, c. 399; 1975, cc. 14, 15; 1983, c. 19; 2021, Sp. Sess. I, cc. 344, 345.
Notes of Decisions
Cited in
139
cases (
33 in the last 5 years), 1979–2026 · leading case:
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005).
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005).
· cites it 30× “2-32, conspiracy to commit murder in violation of Code § 18.2-22, and two counts of solicitation to commit murder in violation of Code § 18.”
Cheng v. Commonwealth, 393 S.E.2d 599 (Va. 1990).
· cites it 8× “" Code § 18.2-22(c) provides that "[j]urisdiction for the trial of any person accused of a conspiracy .”
Cartwright v. Commonwealth, 288 S.E.2d 491 (Va. 1982).
· cites it 10× “Based on this and other evidence, Cartwright was convicted of three counts of violating Code § 18.2-22, that is, (1) conspiracy to commit murder of the guard; (2) conspiracy to commit capital murder of the Macke employee; and (3) conspiracy to commit robbery.”
Fortune v. Commonwealth, 406 S.E.2d 47 (Va. Ct. App. 1991).
· cites it 8× “” Code § 18.2-22 makes it a felony “[i]f any person shall conspire, confederate or combine with another .”
Glenn v. Commonwealth, 642 S.E.2d 282 (Va. Ct. App. 2007).
· cites it 4× “Following the trial court's denial of his motion to suppress, Glenn entered a conditional guilty plea pursuant to Code § 19.”
Jeffrey Nigel Carr v. Commonwealth of Virginia, 816 S.E.2d 591 (Va. Ct. App. 2018).
· cites it 3× “2-47(A), conspiracy to commit abduction, in violation of Code §§ 18.2-22 and 18.2-47(A), and use of a firearm in the commission of abduction, in violation of Code § 18.”
Jay v. Com., 659 S.E.2d 311 (Va. 2008).
· cites it 2× “2-26; conspiracy to commit robbery in violation of Code §§ 18.2-22 and 18.2-58; and attempted use of a firearm during the commission of attempted robbery in violation of Code § 18.”
Glenn v. Commonwealth, 633 S.E.2d 205 (Va. Ct. App. 2006).
· cites it 8× “2-58, and conspiracy to commit robbery, in violation of Code § 18.2-22. On appeal, Glenn argues that the trial court erred in denying his motion to suppress, reasoning that the police officers, while searching his residence, obtained certain evidence in violation of his Fourth…”
Wright v. Commonwealth, 297 S.E.2d 711 (Va. 1982).
· cites it 4× “Code § 18.2-22. Finally, the evidence is insufficient to establish the target of the alleged robbery.”
Muhammad v. Com., 619 S.E.2d 16 (Va. 2005).
· cites it 2× “2-31(8); conspiracy to commit capital murder, Code §§ 18.2-22 and 18.2-32; and illegal use of a firearm in the commission of capital murder, Code § 18.”
Belmer v. Commonwealth, 553 S.E.2d 123 (Va. Ct. App. 2001).
· cites it 4× “1, and conspiracy to commit robbery, in violation of Code § 18.2-22. On appeal, appellant contends the trial court erred in denying his motion to suppress a statement he made to his mother in the police interrogation room.”
— Va. Code Ann. § 18.2-22(a) — 9 cases
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005).
“2-32, conspiracy to commit murder in violation of Code § 18.2-22, and two counts of solicitation to commit murder in violation of Code § 18.”
— Va. Code Ann. § 18.2-22(a)(2) — 1 case
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005).
“2-32, conspiracy to commit murder in violation of Code § 18.2-22, and two counts of solicitation to commit murder in violation of Code § 18.”
— Va. Code Ann. § 18.2-22(a)(3) — 2 cases
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005).
“2-32, conspiracy to commit murder in violation of Code § 18.2-22, and two counts of solicitation to commit murder in violation of Code § 18.”
— Va. Code Ann. § 18.2-22(b) — 1 case
— Va. Code Ann. § 18.2-22(c) — 3 cases
Cheng v. Commonwealth, 393 S.E.2d 599 (Va. 1990).
“" Code § 18.2-22(c) provides that "[j]urisdiction for the trial of any person accused of a conspiracy .”
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