T.P.I. -- CRIM. 4.03

CRIMINAL CONSPIRACY

            Any person who conspires to commit an offense is guilty of a crime.

            For you to find the defendant guilty of criminal conspiracy, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

            (1)  that the defendant entered into an agreement with one (1) or more

                   people to commit the offense of  __________________ .  It is not

                                                                                 (name the offense)

                   necessary that the object of the agreement be attained.²

and

            (2)  that each of the parties to the conspiracy had the intent to commit the

                   offense of _____________________________;

                                            (name and define the offense)

and

            (3)  that each party acting for the purpose of promoting or facilitating the

                   commission of the offense of __________________, agreed that one

                                                                            (name the offense)

                   (1) or more of them would engage in conduct which constitutes the

                   offense of _________________;

                                         (name of offense)

and

            (4)  that one (1) of the parties to the conspiracy committed an overt act in

                   furtherance of the conspiracy.  [An overt act is an act done by one of

                   the parties to carry out the intent of the conspiracy and it must be a

                   step toward the execution of the conspiracy.]³

            [Conspiracy is a continuing course of conduct which terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired.  The objectives of the conspiracy include but are not limited to, escape from the offense, distribution of the proceeds of the offense, and measures, other than silence, for concealing the crime or obstructing justice in relation to it.]  [Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.]  [If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person advises those with whom the person conspired of the abandonment or the person informs law enforcement authorities of the existence of the conspiracy and of the person's participation therein.]⁴

FOOTNOTES

1.  Tenn. Code Ann. § 39-12-103(a).

2.  Tenn. Code Ann. § 39-12-103(f).

3.  Tenn. Code Ann. § 39-12-103(d) and Cline v. State, 204 Tenn. 251, 262, 319

     S.W.2d 227, 232 (1958) (definition of "overt act").

4.  Tenn. Code Ann. § 39-12-103(e).

COMMENTS

            1.  Criminal conspiracy is punished one offense classification lower than the most serious offense that is the object of the conspiracy.  It should be noted, however, that no criminal conspiracy is committed if the most serious crime that is the object of the conspiracy is a Class C misdemeanor.  Tenn. Code Ann. § 39-12-107(c).  Conspiracy to commit first degree murder is a Class A felony.  Tenn. Code Ann. § 39-11-117(a)(2).  Conspiracy to commit certain drug offenses defined in Tenn. Code Ann. § 39-17-417(i) and (j) are punished in accordance with those sections.

            2.  Renunciation may be asserted as an affirmative defense to criminal conspiracy under Tenn. Code Ann. § 39-12-104.  If properly raised as an affirmative defense, the trial judge should utilize T.P.I. -- CRIM. 40.10 (Renunciation), which appears in the "Defenses" chapter.