Section 9A.28.040 - Criminal conspiracy(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with 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.(2) It shall not be a defense to criminal conspiracy 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) Lacked the capacity to commit an offense; or(f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.(3) Criminal conspiracy is a: (a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;(b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;(c) Class C felony when an object of the conspiratorial agreement is a class B felony;(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;(e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.1997 c 17 § 1; 1975 1st ex.s. c 260 § 9A.28.040.