§ 8.02.040. Conspiracy.

(a)

A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is a violation of the Council Bluffs Municipal Code, the person does either of the following:

(1)

Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime;

(2)

Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.

(b)

It is not necessary for the conspirator to know the identity of each and every conspirator.

(c)

A person shall not be convicted unless it is proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.

(d)

A person shall not be convicted if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.

(e)

A person who is involved in a criminal conspiracy in violation of the Council Bluffs Municipal Code may be charged either as a principal in regard to the underlying offense or with conspiracy in violation of this section if the person did not actually commit the underlying criminal offense. A person who actually committed the underlying offense in furtherance of a conspiracy in violation of this section may be charged with either or both the underlying offense and conspiracy in violation of this section.

(f)

A person who violates this section shall be guilty of a simple misdemeanor.

(Ord. 5383 § 2, 1998).