Chapter 8. Conspiracy of California Penal Code >> Title 7. >> Part 1. >> Chapter 8.
(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
(5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
(6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment pursuant to subdivision (h) of Section
1170 for five, seven, or nine years.
When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in a county jail for not more
than one year, or by imprisonment pursuant to subdivision (h) of
Section 1170, or by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine.
When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in a county jail
for not more than one year, or pursuant to subdivision (h) of Section
1170, or by a fine not exceeding ten thousand dollars ($10,000), or
by both that imprisonment and fine. When they receive a felony
conviction for conspiring to commit identity theft, as defined in
Section 530.5, the court may impose a fine of up to twenty-five
thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.
Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182.
No conspiracies, other than those enumerated in the preceding
section, are punishable criminally.
No agreement amounts to a conspiracy, unless some act, beside
such agreement, be done within this state to effect the object
thereof, by one or more of the parties to such agreement and the
trial of cases of conspiracy may be had in any county in which any
such act be done.
[185.] Section One Hundred and Eighty-five. It shall be unlawful
for any person to wear any mask, false whiskers, or any personal
disguise (whether complete or partial) for the purpose of:
One--Evading or escaping discovery, recognition, or identification
in the commission of any public offense.
Two--Concealment, flight, or escape, when charged with, arrested
for, or convicted of, any public offense. Any person violating any of
the provisions of this section shall be deemed guilty of a