(A) No person, with purpose to commit or to promote or facilitate the commission of any offense under these codified ordinances or any felony of the fifth degree, shall do either of the following:
(1) With another person or persons, plan or aid in planning the commission of any of the specified offenses;
(2) Agree with another person or persons that one or more of them will engage in conduct which facilitates the commission of any of the specified offenses.
(B) No person shall be convicted of conspiracy unless a substantial overt act in furtherance of the conspiracy is alleged and proved to have been done by the accused or a person with whom the accused conspired, subsequent to the accused's entrance into the conspiracy. For purposes of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.
(C) When the offender knows or has reasonable cause to believe that a person with whom the offender conspires also has conspired or is conspiring with another to commit the same offense, the offender is guilty of conspiring with that other person, even though the other person’s identity may be unknown to the offender.
(D) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the conspiracy was impossible under the circumstances.
(E) A conspiracy terminates when the offense or offenses which are its objects are committed, or when it is abandoned by all conspirators. In the absence of abandonment, it is no defense to a charge under this section that no offense which was the object of the conspiracy was committed.
(F) A person who conspires to commit more than one offense is guilty of only one conspiracy, when the offenses are the object of the same agreement or continuous conspiratorial relationship.
(G) When a person is convicted of committing or attempting to commit a specific offense or of complicity in the commission of or attempt to commit such offense, the person shall not be convicted of conspiracy involving the same offense.
(H) (1) No person shall be convicted of conspiracy upon the testimony of a person with whom the defendant conspired, unsupported by other evidence.
(2) If a person with whom the defendant allegedly has conspired testifies against the defendant in a case in which the defendant is charged with conspiracy and if the testimony is supported by other evidence, the court, when it charges the jury, shall state substantially the following:
“The testimony of an accomplice that is supported by other evidence does not become inadmissible because of the accomplice’s complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a witness may affect the witness’ credibility and make the witness’ testimony subject to grave suspicion, and require that it be weighed with great caution.
It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth.”
(3) CONSPIRACY as used in division (H)(1) of this section, does not include any conspiracy that results in an attempt to commit an offense or in the commission of an offense.
(I) The following are affirmative defenses to a charge of conspiracy:
(1) After conspiring to commit an offense, the actor thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of the actor’s criminal purpose;
(2) After conspiring to commit an offense, the actor abandoned the conspiracy prior to the commission of or attempt to commit any offense which was the object of the conspiracy, either by advising all other conspirators of the actor’s abandonment or by informing any law enforcement authority of the existence of the conspiracy and of the actor’s participation in the conspiracy.
(J) This section does not define a separate conspiracy offense or penalty where conspiracy is defined as an offense by one or more sections of these codified ordinances or of the Revised Code, other than this section. In such a case, however:
(1) With respect to the offense specified as the object of the conspiracy in such other section or sections, division (A) defines the voluntary act or acts and culpable mental state necessary to constitute the conspiracy;
(2) Divisions (B) through (I) are incorporated by reference in the conspiracy offense defined by such other section or sections of these codified ordinances or of the Revised Code.
(K) Whoever violates this section is guilty of conspiracy, a misdemeanor of the first degree when the most serious offense which is the object of the conspiracy is a felony of the fifth degree.
(R.C. § 2923.01) (Rev. eff. with 2011 S-12) (Ord. 79-1973, passed 12-19-72)
Penalty, see § 130.99