Penal Law § 105.25

Conspiracy; jurisdiction and venue · as in force on May 31, 2026

§ 105.25 Conspiracy; jurisdiction and venue.

1. A person may be prosecuted for conspiracy in the county in which he entered into such conspiracy or in any county in which an overt act in furtherance thereof was committed.

2. An agreement made within this state to engage in or cause the performance of conduct in another jurisdiction is punishable herein as a conspiracy only when such conduct would constitute a crime both under the laws of this state if performed herein and under the laws of the other jurisdiction if performed therein.

3. An agreement made in another jurisdiction to engage in or cause the performance of conduct within this state, which would constitute a crime herein, is punishable herein only when an overt act in furtherance of such conspiracy is committed within this state. Under such circumstances, it is no defense to a prosecution for conspiracy that the conduct which is the objective of the conspiracy would not constitute a crime under the laws of the other jurisdiction if performed therein.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/105.25

In plain English

(1) A conspiracy may be prosecuted in the county where the agreement was made or any county where an overt act furthering it occurred. ★
(2) A New York agreement targeting conduct in another jurisdiction is punishable here only if the conduct would be a crime both in New York and in that other jurisdiction.
(3) An out-of-state agreement targeting conduct in New York is punishable here only if an overt act furthering it occurs in New York; it is no defense that the intended conduct would not be a crime in the other jurisdiction.

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.

In print

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.