18.2-22 - Conspiracy to commit felony.
§ 18.2-22. Conspiracy to commit felony.
(a) If any person shall conspire, confederate or combine with another, eitherwithin or without this Commonwealth, to commit a felony within thisCommonwealth, or if he shall so conspire, confederate or combine with anotherwithin this Commonwealth to commit a felony either within or without thisCommonwealth, he shall be guilty of a felony which shall be punishable asfollows:
(1) Every person who so conspires to commit an offense which is punishable bydeath shall be guilty of a Class 3 felony;
(2) Every person who so conspires to commit an offense which is a noncapitalfelony shall be guilty of a Class 5 felony; and
(3) Every person who so conspires to commit an offense the maximum punishmentfor which is confinement in a state correctional facility for a period ofless than five years shall be confined in a state correctional facility for aperiod of one year, or, in the discretion of the jury or the court trying thecase without a jury, may be confined in jail not exceeding twelve months andfined not exceeding $500, either or both.
(b) However, in no event shall the punishment for a conspiracy to commit anoffense exceed the maximum punishment for the commission of the offenseitself.
(c) Jurisdiction for the trial of any person accused of a conspiracy underthis section shall be in the county or city wherein any part of suchconspiracy is planned or in the county or city wherein any act is done towardthe consummation of such plan or conspiracy.
(d) The penalty provisions of this section shall not apply to any person whoconspires to commit any offense defined in Chapter 34 of Title 54.1 or ofArticle 1 (§ 18.2-247 et seq.), Chapter 7 of this title. The penalty for anysuch violation shall be as provided in § 18.2-256.
(Code 1950, § 18.1-15.3; 1972, c. 484; 1973, c. 399; 1975, cc. 14, 15; 1983,c. 19.)