Conspiracy in the fifth degree · as in force on May 31, 2026
§ 105.05 Conspiracy in the fifth degree.
A person is guilty of conspiracy in the fifth degree when, with intent that conduct constituting:
1. a felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct; or
2. a crime be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
Conspiracy in the fifth degree is a class A misdemeanor.
A person commits fifth-degree conspiracy when, intending that the conduct be performed, he:
It is a class A misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.