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NY Penal Law § 105.00: Conspiracy in the sixth degree

If you plan with one or more other people to commit a crime and take steps in furtherance of that plan, then you have already committed a crime. The crime of conspiracy involves the planning of a crime with other people. There are 6 conspiracy crimes in the New York criminal code. The prosecutor will determine the specific conspiracy charge that you will face based on your age, the age of those with whom you conspire, and the crime involved. Conspiracy in the sixth degree is one of 2 conspiracy offenses that are misdemeanors and is the least serious conspiracy offense. Under New York Penal Law section 105.00, you have committed the crime of conspiracy in the sixth degree if with intent to commit a crime you agree with one or more other persons to actually commit that crime.


Joshua and Jason wanted new video games, but did not have enough money to pay for them. They worked out a plan as to how they could shoplift the games from a local video game store. Joshua would distract the employee while Jason would slip the game into his pocket. Joshua and Jackson walk to the store, but entered it at different times. Joshua then started to ask the lone employee several questions about different games. Joshua and Jason could both be prosecuted for conspiracy in the sixth degree even if they never go through with the plan.

Related Offenses
  1. Conspiracy in the fifth degree: New York Penal Law section 105.05
  2. Conspiracy in the fourth degree: New York Penal Law section 105.10
  3. Conspiracy in the third degree: New York Penal Law section 105.13
  4. Conspiracy in the second degree: New York Penal Law section 105.15
  5. Conspiracy in the first degree: New York Penal Law section 105.17

If you did not make an agreement with another person to commit a crime, then you have a valid defense to a conspiracy charge. For example, if you along with another person independently decide to participate in the same crime, there was no conspiracy. However, you each could still face criminal charges based on your individual participation in a crime.

Another defense would be lack of an overt act in furtherance of the agreement to commit a crime. New York Penal Code section 105.20 states that in order to charge someone with conspiracy, there must be an allegation of some overt act.

In addition, if you participated in planning the crime under duress, you could not be successfully prosecuted for conspiracy. For example, if someone made you participate in the crime by threatening to cause you or a third party physical harm, then the prosecutor would have a hard time proceeding with the case against you.


As a Class B misdemeanor if you are convicted of conspiracy in the sixth degree your sentence may include a jail term of up to 90 days, a probation term of up to 1 year, and a fine.

New York Penal Law section 105.00: Conspiracy in the sixth degree

A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

New York Conspiracy in the Sixth Degree Lawyer

Even though conspiracy in the sixth degree is a misdemeanor and not a felony, it is still important to have experienced representation. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with crimes such as criminal facilitation, conspiracy, and solicitation as well as crimes related to theft, drugs, arson, assault, burglary, and reckless endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations:

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