45-4-102. Conspiracy. (1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement has been committed by him or by a coconspirator.
     (2) It shall not be a defense to conspiracy that the person or persons with whom the accused has conspired:
     (a) has not been prosecuted or convicted;
     (b) has been convicted of a different offense;
     (c) is not amenable to justice;
     (d) has been acquitted; or
     (e) lacked the capacity to commit the offense.
     (3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense which is the object of the conspiracy.

     History: En. by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, .