Conspiracy -- Classification of offenses.

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  • (1) a capital felony is a first degree felony;
  • (2) a first degree felony is a second degree felony; except that conspiracy to commit child kidnaping, in violation of Section 76-5-301.1 or to commit any of those felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, which are first degree felonies, is a first degree felony punishable by imprisonment for an indeterminate term of not less than three years and which may be for life;
  • (3) a second degree felony is a third degree felony;
  • (4) a third degree felony is a class A misdemeanor;
  • (5) a class A misdemeanor is a class B misdemeanor;
  • (6) a class B misdemeanor is a class C misdemeanor;
  • (7) A class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.




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