Tex. Penal Code § 15.02 · Chapter 15. PREPARATORY OFFENSES
CRIMINAL CONSPIRACY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person commits criminal conspiracy if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy that:
(1) one or more of the coconspirators is not criminally responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor. This subsection does not apply to an offense under Section 76.02.
Notes and commentary — not statutory text
History
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 4, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.15.htm
- Text hash
- sha256 527d903eadadf8caf03215bbc471b9cd9cc83863ba210d755952e11fb4627923
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Penal Code § 15.02. Each shows the citation as that text prints it.
Occupations Code
Penal Code
- Tex. Penal Code § 15.04RENUNCIATION DEFENSE.Printed as Section 15.02 or 15.03
- Tex. Penal Code § 31.21UNAUTHORIZED POSSESSION OF CATALYTIC CONVERTER.Printed as Section 15.02
- Tex. Penal Code § 31.22UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR BRASS MATERIAL.Printed as Section 15.02
- Tex. Penal Code § 71.02ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.Printed as Section 15.02(d)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.