Sec. 2.1. (a) A person who, with the intent to commit theft under section 2 of this chapter:
(1) agrees with at least two (2) other persons to commit theft; and
(2) performs an overt act in furtherance of the agreement;
commits organized theft, a Level 6 felony.
(b) It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
(c) A person may not be convicted of an offense under this section and:
(1) an attempt to commit theft; or
(2) a conspiracy to commit theft;
with respect to the same underlying theft.
As added by P.L.142-2020, SEC.68.