9A.28.040

(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.
(2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:
   (a) Has not been prosecuted or convicted;
   (b) Has been convicted of a different offense;
   (c) Is not amenable to justice;
   (d) Has been acquitted; or
   (e) Lacked the capacity to commit an offense.
(3) Criminal conspiracy is a:
   (a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;
   (b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;
   (c) Class C felony when an object of the conspiratorial agreement is a class B felony;
   (d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;
   (e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.