Same: Scope

If a person is guilty of conspiring with one co-conspirator to commit a crime and knows or contemplates that his co-conspirator has conspired or may conspire with another to commit the same crime, he is guilty of conspiring with any such other person to commit that crime, whether or not he knows of his identity. SOURCE: M.P.C. § 5.03 (2); Cal. § 812 (T.D. 2 1968); Mass. ch. 263, § 48(b); N.J. § 2C:5-2(b). COMMENT: A new Section. Section 13.40 is similar to, although somewhat broader than, Model Penal Code § 5.03(2). The importance of this Section lies in the fact that determining the scope of a conspiracy may affect the answer to such critical issues as defining each defendant's liability, the propriety of joint prosecution, admissibility against a defendant of the hearsay acts and declaration of others, satisfaction of the overt act requirement, or Statute of Limitations.