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A. A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, they agree 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.

B. It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

1. Has not been prosecuted or convicted; or

2. Has been convicted of a different offense; or

3. Is not amenable to justice; or

4. Has been acquitted; or

5. Lacked the capacity to commit an offense.

C. Criminal conspiracy is a misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor. (Ord. 5682 § 1, 2002.)