The Law on Conspiracy and its Punishments in Oregon
When two or more people make an agreement to commit a crime or an illegal act in the future or take some step towards its execution or realization then it is called conspiracy. It is enlisted under criminal law. In most places around the world for conspiracy to be considered as an offense in the court of law at least one overt act has been undertaken according to the completion of the agreement. While in some places it is also possible that people are arrested or convicted for conspiracy even before the plan is acted out. The characteristic of the conspiracy charge is that the defendant can be prosecuted for conspiracy to commit an illegal act and for committing the same illegal act.
What constitutes as a conspiracy?
The first requirement to prove conspiracy is evidence proving two or more people coming to an agreement to commit a legal violation. The evidence does not necessarily have to be formal or in writing. But it must show a mutual understanding or mutual consensus to finalize a crime. Secondly, it must be established that all the concerned individuals had proper intentions and aim of fulfilling the conspiracy.
Hence any man who did not know about the criminal plotting cannot be put to trial for conspiracy. For instance, if two friends have made the plan of murdering someone and they tell a third friend to drive them to the victim’s house without telling him of their intention then the third friend cannot be charged with conspiracy. Although it does not mean that each individual conspirator has to be aware of the particular details of the plan.
As long as that person is aware that the activity being planned is illegal and goes along with it then he or she can be charged with or convicted for conspiracy. Under some legal jurisdictions, silence can be held as an overt act,
where it is planned, intentional, and committed to helping the furtherance of the conspiracy.
Conspiracy in the State of Oregon
All the laws regarding criminal conspiracy in enlisted under the 1971c. 743 §59 of Oregon statutes under the state criminal code.
In the state of Oregon conspiracy is coded as criminal law. A man or a woman can be charged with or convicted for criminal conspiracy if that person agrees with one or more person to perform a crime or an illegal act.
A person commits criminal conspiracy in Oregon when he or she does any of the following things:
- it will be considered a class A felony in Oregon when the conspiracy is about commencing treason, murder, or a class A felony.
- It will be considered a class B felony in Oregon when the purpose is commencing of a class B felony.
- it will be considered a class C felony in Oregon when the purpose is commencing of a class C felony.
- it will be considered a Class A misdemeanor when the purpose is commencing a Class D misdemeanor.
- For a class A felony of criminal conspiracy in Oregon the maximum prison sentence is twenty years. Along with or instead of a penalty or fine of a maximum of three hundred and seventy-five thousand dollars.
- For a class B felony of criminal conspiracy in Oregon the maximum prison sentence is ten years. Along with or instead of a penalty or fine of a maximum of twenty-five thousand dollars.
- For a class C felony of criminal conspiracy in Oregon the maximum prison sentence is five years. Along with or instead of a penalty or fine of a maximum of one hundred and twenty-five thousand dollars