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City of Caruthersville, MO
Pemiscot County
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Table of Contents
Table of Contents
[CC 1983 §19-1]
A. 
A person is guilty of an attempt to commit an offense, misdemeanor or unlawful act when, with the purpose of committing the offense, misdemeanor or unlawful act he/she does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.
B. 
It is no defense to a prosecution under this Section that the offense, misdemeanor or unlawful act attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
C. 
It shall be unlawful for a person to attempt to commit an offense, misdemeanor or unlawful act.
[CC 1983 §19-2]
A. 
A person is guilty of conspiracy with another person or persons to commit an offense, misdemeanor or unlawful act if, with the purpose of promoting or facilitating its commission he/she agrees with such other person or persons that they or one (1) or more of them will engage in conduct which constitutes such offense, misdemeanor or unlawful act.
B. 
If a person guilty of conspiracy knows that a person with whom he/she conspires to commit an offense, misdemeanor or unlawful act has conspired with another person or persons to commit the same offense, misdemeanor or unlawful act, he/she is guilty of conspiring with such other person or persons to commit such offense, misdemeanor or unlawful act, whether or not he/she knows their identity.
C. 
If a person conspires to commit a number of offenses, misdemeanors or unlawful acts he/she is guilty of only one (1) conspiracy so long as such multiple offenses, misdemeanors or unlawful acts are the object of the same agreement.
D. 
No person may be convicted of conspiracy to commit an offense, misdemeanor or unlawful act unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him/her or by a person with whom he/she conspired.
E. 
No one shall be convicted of conspiracy if, after conspiring to commit the offense, misdemeanor or unlawful act he/she prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his/her criminal purpose.
F. 
The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under Subsection (E) of this Section.
G. 
For the purpose of time limitations on prosecutions:
1. 
Conspiracy is a continuing course of conduct which terminates when the offense, misdemeanor or unlawful act which is its object is committed or the agreement that it be committed is abandoned by the defendant and by those with whom he/she conspired.
2. 
If an individual abandons the agreement, the conspiracy is terminated as to him/her only if he/she advises those with whom he/she has conspired of his/her abandonment or he/she informs the law enforcement authorities of the existence of the conspiracy and of his/her participation in it.
H. 
A person may not be charged, convicted or sentenced on the basis of the same course of conduct of both the actual commission of an offense, misdemeanor or unlawful act and a conspiracy to commit that offense, misdemeanor or unlawful act.
I. 
It shall be unlawful for a person to conspire with another person to commit an offense, misdemeanor or unlawful act.