KRS 506.040: Criminal Conspiracy in Kentucky

What Is KRS 506.040?

KRS 506.040 is Kentucky’s criminal conspiracy statute. It allows charges against people who agree to commit crimes together. People in Lexington and Louisville face these charges in cases ranging from drug conspiracies to organized theft schemes.

What the Statute Prohibits

A person commits criminal conspiracy when, with intent that conduct constituting a crime be performed:

They agree with one or more persons that at least one of them will engage in conduct constituting that crime
They agree to aid such conduct
An overt act in furtherance is committed

Penalties Under KRS 506.040

Conspiracy is usually penalized one class lower than the target offense.

The Overt Act Requirement

For most conspiracies, prosecutors must prove at least one overt act in furtherance of the conspiracy. This can be a small step — the act doesn’t need to be criminal itself.

Co-Conspirator Liability

Conspiracy law makes each conspirator liable for the foreseeable acts of all co-conspirators in furtherance of the conspiracy. This can dramatically expand criminal exposure.

Defenses Available

No agreement actually existed
Withdrawal from the conspiracy
No overt act was committed
Lack of intent
Mere presence without participation

Federal Conspiracy Charges

Federal conspiracy charges (especially under 21 U.S.C. § 846 for drugs) carry mandatory minimum sentences. Clark + Harris handles state and federal conspiracy cases.

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: