NRS § 199.480 – Nevada “Criminal Conspiracy” Laws

Under Nevada Revised Statutes § 199.480, a criminal conspiracy is two or more people entering into an agreement to commit a crime. You can be convicted of conspiracy even if the intended crime never takes place or you make no “overt act” towards committing the intended crime: Merely agreeing to break the law is conspiracy. 

Examples of conspiracy include:

• Two friends agreeing to shoplift,
• Spouses agreeing to burn their car for insurance money, or
• A gang agreeing to shoot up a rival gang.

Criminal conspiracy in Nevada is either a class B felony or a gross misdemeanor depending on the intended crime. If you attempt or complete the underlying offense, you face charges for both conspiracy and the underlying offense or attempt.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada conspiracy laws:

• 1. Elements of NRS 199.480
• 2. Penalties
• 3. Defenses
• 4. Federal Law
• Frequently Asked Questions
• Additional Reading

A conspiracy is two or more people agreeing to break the law.

1. Elements of NRS 199.480

In Nevada, a conspiracy occurs when you and at least one other person agree to violate the law.¹ Conspiracy is unlawful whether or not you carry out – or try to carry out – the agreed-upon crime.²

Although conspiracies require more than one person, you can be convicted of conspiracy even if the other co-conspirators are not prosecuted.³

Example: Jed, Thomas, and Harry conspire to rob a bank in Henderson. The police catch wind of this and arrest Jed. Thomas and Harry flee the country. The D.A. can still prosecute Jed for conspiracy even though his co-conspirators are gone.

Many conspiracies involve plans to commit more than one crime. However, you can be charged with only one count of conspiracy unless the intended crimes were part of separate agreements.⁴

Example: Molly and Teal conspire to assault Helen and steal her purse. Assault and theft are two separate crimes. Though since they are part of the same agreement, Molly and Teal would face only one count of conspiracy.

As a co-conspirator, you are liable even if you play a more minor role than others. However, the extent of your participation may factor in during sentencing.⁵

NRS 199.480 makes conspiracy a category B felony or a gross misdemeanor.

2. Penalties

Conspiracy in Nevada is either a category B felony or a gross misdemeanor depending on the intended crime. The following table outlines the sentencing ranges.

Conspiracy to commit a crime and the completed crime are separate offenses. You can get convicted of both.⁶

Example: Spouses Irene and Bob agree to burn their neighbor’s house in Nevada. They throw a lit match into the window and burn it. If caught, they each face two charges: 1) Conspiracy to commit arson, and 2) Arson.

If Irene and Bob threw the match but did not succeed in burning the house, they would instead face charges for (1) Conspiracy to commit arson and (2) Attempted arson.

Conspiracy charges are common in cases involving murder, kidnapping, or bank robbery.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people facing conspiracy charges. In our experience, conspiracy can be a difficult charge for prosecutors to prove, especially if there is no physical evidence of any agreement.

The following three defenses have proven very effective with prosecutors, judges, and juries at getting conspiracy charges reduced or dismissed.

1. There Was No Agreement. It is not conspiracy merely to have knowledge of an agreement to commit a crime or to discuss an agreement to commit a crime. Unless the D.A. can demonstrate that you actually entered into an agreement to commit a crime, criminal conspiracy charges should not stand.
2. The Agreement Was Lawful. Agreements are perfectly lawful unless they involve a crime. If there is insufficient evidence that you agreed to break the law, the court should drop any conspiracy charges.
3. The Evidence Was Inadmissible. We can attempt to have state evidence “thrown out” by arguing that the police found the evidence through an unlawful search and seizure. If the court agrees and grants our motion to suppress evidence, then the state may be left with too weak a case to continue.

It is not a conspiracy defense that your co-conspirator was an undercover police officer. However, if the police entrapped you into making an agreement you were not predisposed to, then the D.A. should drop the case due to police misconduct.

Merely agreeing with another person to commit a crime is unlawful.

4. Federal Law

Federal law defines conspiracy differently from Nevada. In federal court, prosecutors have to show both:

1. You agreed with at least one other person to commit a crime, and
2. You acted in pursuance of the agreement.

Nevada conspiracy law does not require that you commit an overt act in furtherance of the intended crime. Just making an agreement to break the law is sufficient for a conviction.

Therefore, it is easier to be convicted on Nevada state conspiracy charges, which do not require an overt act, than on federal conspiracy charges, which do.⁷

Learn more about the federal offense of conspiracy.

There are many possible ways to fight NRS 199.480 charges.

Frequently Asked Questions

What counts as criminal conspiracy in Nevada?

Criminal conspiracy occurs when two or more people agree to commit a crime. You can be convicted even if the crime never takes place – just making the agreement is enough to be charged with conspiracy.

What are the penalties for criminal conspiracy in Nevada?

Penalties vary based on the intended crime. Conspiracy is either a category B felony, which can carry several years in prison, or a gross misdemeanor carrying up to 364 days in jail and/or $2,000.

Can I be charged with conspiracy if my co-conspirators are not caught?

Yes, you can be convicted of conspiracy even if the other people involved are never arrested or prosecuted. All that matters is that you agreed with at least one other person to commit a crime. 

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Intracorporate Plurality in Criminal Conspiracy Law – Hastings Law Journal.
• The Origin and Development of Conspiracy to Defraud – American Journal of Legal History.
• Criminal conspiracy, injunctions and damage suits in labor law – The Journal of Legal History.
• Conspiracy, Concealment and the Statute of Limitations – The Yale Law Journal.
• Group Think: The Law of Conspiracy and Collective Reason – Journal of Criminal Law and Criminology.

Legal References