Batman and Criminal Conspiracies
Watching the latest episode in the Batman franchise, my attention was grabbed by a scene where the Gotham District Attorney attempts to prosecute some of the city's criminals with a conspiracy charge under the RICO statute. (The RICO act is a federal law that stands for Racketeering Influenced and Corrupt Organizations and allows members of an ongoing criminal enterprise to be prosecuted for crimes committed by other members of the group.) That got me thinking about conspiracy and the Mississippi conspiracy statutes.
Black's Law Dictionary defines conspiracy as "an agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective, and (in most states) action or conduct that furthers the agreement; a combination for an unlawful purpose."
The main conspiracy statute is Mississippi Code Annotated Section 97-1-1. It states:
"(1) If two (2) or more persons conspire either:
(2) Where one (1) or more of the conspirators is a law enforcement officer engaged in the performance of official duty or a person acting at the direction of a law enforcement officer in the performance of official duty, any remaining conspirator may be charged under this section if the alleged conspirator acted voluntarily and willfully and was not entrapped by the law enforcement officer or person acting at the direction of a law enforcement officer.
(3) Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section 41-29-139(b)(1), Section 41- 29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.
(4) Where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as a misdemeanor as provided by law. "
So, as you can see, the base penalty for conspiracy is 5 years in prison and/or a $5,000.00 fine. However, if the crime is capital murder, certain sales of controlled substances [Section 41-29-139(b)(1) and Section 41- 29-139(c)(2)(D)] or possession of precursor chemicals with intent to manufacture a controlled substance then the penalty is 20 years in prison and/or a $500,000 fine.
Something important that the statute doesn't explain is that conspiracy is a separate offense and you can also be charged with the base offense (the crime the conspirators conspired to commit).
You can search for other Mississippi conspiracy laws or just browse the Mississippi Code online by going here.
Black's Law Dictionary defines conspiracy as "an agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective, and (in most states) action or conduct that furthers the agreement; a combination for an unlawful purpose."
The main conspiracy statute is Mississippi Code Annotated Section 97-1-1. It states:
"(1) If two (2) or more persons conspire either:
(b) Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or
(d)
To cheat and defraud another out of property by any means which are in
themselves criminal, or which, if executed, would amount to a cheat, or
to obtain money or any other property or thing by false pretense; or
(e)
To prevent another from exercising a lawful trade or calling, or doing
any other lawful act, by force, threats, intimidation, or by
interfering or threatening to interfere with tools, implements, or
property belonging to or used by another, or with the use of employment
thereof; or
(f)
To commit any act injurious to the public health, to public morals,
trade or commerce, or for the perversion or obstruction of justice, or
of the due administration of the laws; or
(g) To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or
(h)
To accomplish any unlawful purpose, or a lawful purpose by any unlawful
means; such persons, and each of them, shall be guilty of a felony and
upon conviction may be punished by a fine of not more than Five
Thousand Dollars ($5,000.00) or by imprisonment for not more than five
(5) years, or by both.
(2) Where one (1) or more of the conspirators is a law enforcement officer engaged in the performance of official duty or a person acting at the direction of a law enforcement officer in the performance of official duty, any remaining conspirator may be charged under this section if the alleged conspirator acted voluntarily and willfully and was not entrapped by the law enforcement officer or person acting at the direction of a law enforcement officer.
(3) Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section 41-29-139(b)(1), Section 41- 29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.
(4) Where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as a misdemeanor as provided by law. "
So, as you can see, the base penalty for conspiracy is 5 years in prison and/or a $5,000.00 fine. However, if the crime is capital murder, certain sales of controlled substances [Section 41-29-139(b)(1) and Section 41- 29-139(c)(2)(D)] or possession of precursor chemicals with intent to manufacture a controlled substance then the penalty is 20 years in prison and/or a $500,000 fine.
Something important that the statute doesn't explain is that conspiracy is a separate offense and you can also be charged with the base offense (the crime the conspirators conspired to commit).
You can search for other Mississippi conspiracy laws or just browse the Mississippi Code online by going here.
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7 November 2008, 12:25 PM
Mississippi Criminal Defense Law Blog wrote:
Today the Clarion Ledger published this article detailing the indictment and prosecution of eleven University of Southern Mississippi students on charges of conspiracy and hazing. Some excerpts from the article: University police served indictments Thursday on 10 students. The 11th was out of state and will be served next week, police said. They are charged in an Aug. 28 incident at the Kappa Sigma fraternity house during a "Little Sister" initiation. Each is charged with conspiracy to commit hazing, two counts of first-degree hazing and one count of second-degree hazing... One of the victims ...
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