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(1) A person is guilty of criminal conspiracy/solicitation when, with intent that conduct constituting a crime be performed, he or she agrees with or encourages or solicits 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 or conduct.

(2) It shall not be a defense to criminal conspiracy/solicitation that the person or persons with whom the accused is alleged to have conspired:

(a) Has not been prosecuted or convicted; or

(b) Has been convicted of a different offense; or

(c) Is not amenable to justice; or

(d) Has been acquitted; or

(e) Lacks the capacity to commit an offense.

(3) Criminal conspiracy/solicitation is a misdemeanor. [Ord. 4427 § 1, 2019; Ord. 3481 § 3, 2001; Ord. 2694 § 1, 1988; Code 1970 § 1.01.146.]