APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2024, as amended by Ord. 3223)APPENDIX E – UNIFORM PUBLIC OFFENSE CODE (2024, as amended by Ord. 3223)\ARTICLE 2. ANTICIPATORY OFFENSES

(a)   An attempt is any overt act toward the perpetration of an offense done by a person who intends to commit such offense but fails in the perpetration thereof or is prevented or intercepted in executing such offense.

(b)   It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the offense was not possible.

(K.S.A. Supp. 21- 5301)

An attempt to commit a Class A violation is a Class B violation.

An attempt to commit a Class B or C violation is a Class C violation.

(a)   A conspiracy is an agreement with another person to commit an off or to assist in committing an offense. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator.

(b)   It is immaterial to the criminal liability of a person charged with conspiracy that any other person with whom the defendant conspired lacked the actual intent to commit the underlying crime provided that the defendant believed the other person did have the actual intent to commit the underlying crime.

(c)   It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of the accused person’s co- conspirators, before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.

(K.S.A. Supp. 21-5302)

A conspiracy to commit a violation is a Class C violation.