CHAPTER 16. OFFENSESCHAPTER 16. OFFENSES\Article II. Anticipatory Offenses

A.    An attempt to commit any public offense is:

1.    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.

2.    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.

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

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

(K.S.A. 21-3301; Code 2015)

A.    A conspiracy to commit a public offense is an agreement with another person to commit an offense made unlawful by this Code, or to assist to commit an offense made unlawful by this Code.  No person may be convicted of a conspiracy unless an overt act in the furtherance of such conspiracy is alleged and proved to have been committed by him or by a co-conspirator.

B.    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 his co-conspirators, before any overt act in furtherance of the conspiracy had been committed by the accused or by a co-conspirator.

(K.S.A. 21-3302; Code 2015)