Laws and Statutes

OFFICIAL CODE OF GEORGIA ANNOTATED

TITLE 16-Crimes and Offenses (Chs. 1 – 17)
CHAPTER 4-Criminal Attempt, Conspiracy and Solicitation (§§16-4-1 to 16-4-10)

§16-4-8. Conspiracy to commit a crime.

A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.

Annotations

Constitutionality. —

• Conspiracy statute, O.C.G.A. § 16-4-8, is not unconstitutionally vague because the statute’s term “overt act” unambiguously refers to a specific type of open or manifest act made in furtherance of a conspiracy to commit a crime.
• Bradford v. State, 285 Ga.1, 673 S.E.2d 201, 2009 Ga. LEXIS 48 (2009).

Act of one conspirator is considered to be act of all conspirators. – 
Whitfield v. State, 159 Ga. App. 398, 283 S.E.2d 627, 1981 Ga. App. LEXIS 2620 (1981).

• Each participant in a conspiracy is responsible for acts of the others. Causey v. State, 154 Ga. App. 76, 267 S.E.2d 475, 1980 Ga. App. LEXIS 2048 (1980).
• When a conspiracy is shown, the act of one becomes the act of all, insofar as furtherance of conspiracy is concerned; and each is as fully responsible for acts of the others in carrying out common purpose as if that one personally had committed the acts. Thrift-Mart, Inc. v. Commercial Union Assurance Cos., 154 Ga. App. 344, 268S.E.2d 397, 1980 Ga. App. LEXIS 2158 (1980).
• Once common design is shown by evidence tending to indicate that individuals have associated themselves together to do an unlawful act, any act done in pursuance of that association by any one of the associates, would, in legal contemplation, be the act of each of them. Greene v. State, 155 Ga. App. 222, 270 S.E.2d 386, 1980 Ga. App. LEXIS2535 (1980).

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