There are six different levels of conspiracy in New York. The state's penal code enumerates these convictions, which range from misdemeanor to felony, depending on the level of the offense.
Here are the details on the differences between the six degrees of conspiracy:
- Sixth degree: There is intent that a person or persons will perform an act that constitutes a crime, and the conspirator agrees to either engage in or help cause the act. This conviction results in a class B misdemeanor.
- Fifth degree: The conspirator agrees to engage in or help cause a felony, or the conspirator is at least 18 years old and agrees to help or participate in illegal behavior with one or more individuals under 16 years old. A fifth-degree conspiracy conviction is a class A misdemeanor.
- Fourth degree: This involves the intent to engage in or assist with a class B or class C felony, or the intent of a legal adult to participate in or assist minors under the age of 16 to perform a felony. Agreeing to cause or engage in a third-degree money laundering act is also fourth-degree conspiracy. These activities are class E felonies.
- Third degree: An adult who intends to cause or assist in performing a class B or class C felony with one or more minors may be charged with third-degree conspiracy, which is a class D felony conviction.
- Second degree: An individual agrees with at least one person to engage in or cause a class A felony offense. A second-degree conspiracy conviction is a class B felony.
- First degree: An individual over 18 years old who agrees to assist or participate in the act of a class A felony offense with one or more minors under the age of 16 is guilty of first-degree conspiracy. This is a class A-1 felony conviction.
In a conspiracy case, the burden of proof lies with the prosecution to show that at least one of the conspirators committed the overt act in the perpetuation of the conspiracy.