404.08	CONSPIRACY TO COMMIT AN OFFENSE
	(As to Count _____, if) (If) you find and believe from the evidence beyond a reasonable doubt:
	First, that (on [date]) (on or about [date]) (between [date] and [date]), in the State of Missouri, the defendant knowingly agreed with [name or names of co-conspirator(s) if known; if some are known and others are unknown, add to those known "and another person" or "and other persons"; if all are unknown, insert "another person" or "other persons"] that (they) (one or more of them) would [concise statement of the conduct agreed upon, such as "murder John Doe," "rob Jane Smith," or "distribute more than 35 grams of marijuana,"], and
Second, that the agreement in paragraph First constituted an agreement to commit the offense of [State the specific offense, which must be a class A, B, or C felony offense or any unclassified felony offense if the maximum term of imprisonment for such unclassified felony exceeds ten years.], and
Third, that with the purpose of furthering that agreement, (the defendant) (and) ([name or names of co-conspirator(s) if known; if some are known and others are unknown,  add to those known "and another person" or "and other persons"]) ((another person) (other persons)) thereafter (did) (engaged in) (one or more of) the following act(s):  [Concise statement, with approximate date or dates, of one or more acts committed in furtherance of the agreement. If more than one act is alleged, set forth each act in separately numbered subparagraphs.],
then you will find the defendant guilty (under Count _____) of conspiracy to commit [name of offense].
	However, [Insert one of the following.  Omit brackets and number.  See Notes on Use 6 and 7.]
[l] 	unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of conspiracy to commit that offense.
[2]	unless you find and believe from the evidence beyond a reasonable doubt each and all of the propositions contained in paragraphs "First" and "Second" above, and unless you further find and believe from the evidence beyond a reasonable doubt at least one of the propositions contained in sub-paragraphs "1" through "__" of paragraph "Third," you must find the defendant not guilty of conspiracy to commit that offense.
	A person commits the offense of [name of object offense of the conspiracy] when (he)(she) [Insert definition of object offense of the conspiracy from paragraph Second including all essential elements thereof.  See Notes on Use 8.].

Notes on Use
	1.	Section 562.014, RSMo Cum. Supp. 2020.  This instruction applies to offenses committed on or after August 28, 2020.  This is a revision of MAI-CR 4th 404.08 (7-1-17), which was based on revisions passed in 2014 (S.B. 491, effective 1-1-2017) and 2016 (H.B. 2332, effective 8-28-2016).  Previously, the provisions for charging a conspiracy to commit an offense, which resulted in a less severe punishment than the completed offense, were located in Section 564.016, RSMo.  In 2014, in Senate Bill 491, the Legislature repealed Section 564.016, RSMo, and enacted in its place Section 562.014, RSMo 2016.  For offenses committed under Section 564.016, RSMo, see MAI-CR 3d 304.10 (9-1-99).
	2. 	The offense of conspiracy to commit an offense is a class C felony punishable for a term of years not less than three years and not to exceed ten years and a fine.  Section 562.014, RSMo Cum. Supp. 2020, limits criminal liability for conspiracy to commit an offense to certain object felony offenses.  After August 28, 2020, the offense that is the object of the conspiracy must be a class A, B, or C felony or any unclassified felony if the maximum term of imprisonment for such felony exceeds 10 years.
	In paragraph First, the user is instructed to include a "concise statement of the conduct agreed upon," which is conduct that would constitute the object offense.  In concisely describing the agreement, the user should consider the elements of the object offense and the evidence presented.  The concise description of the object offense must correspond with the object offense subsequently named in paragraph Second.  For example, if paragraph First states "the defendant knowingly agreed with [co-conspirator(s)] that they would distribute more than 35 grams of marijuana," then the object offense identified in paragraph Second would be the offense of "delivery of a controlled substance."  A definition of "delivery of a controlled substance" would then be included in the body of the instruction.  See Notes on Use 9.
	3. 	Since Section 562.014, RSMo, does not prescribe a culpable mental state, this instruction requires the defendant act "knowingly" in paragraph First.  The mental state of "recklessly" is insufficient.  Section 562.021, RSMo. 
	4.	Conspiracy to commit an offense is a "dangerous felony" when the object offense of the conspiracy is a dangerous felony as defined in Section 556.061, RSMo Cum. Supp. 2020.  A person convicted of a dangerous felony shall not be eligible for parole until 85 percent of the sentence is served.  See Section 558.019.3, RSMo Cum. Supp. 2019.  In some situations, a person convicted of a dangerous felony may not be eligible for probation, suspended imposition of or execution of sentence, or conditional release.  See Section 557.045, RSMo Cum. Supp. 2020.  
	5.	Section 562.014.3, RSMo, provides that "if a person conspires to commit a number of offenses, he or she can be found guilty of only one offense of conspiracy so long as such multiple offenses are the object of the same agreement."  This form requires the state to list only one offense in the verdict director that is the object of the conspiracy and within the scope of the charge.  This form does not hypothesize the submission of multiple object offenses in a single verdict director.  To submit more than one object offense, you will have to modify the verdict director and verdict form.  A defendant is entitled to a unanimous verdict.  At trial, the jury must unanimously agree on at least one such object offense.  See State v. Celis-Garcia, 344 S.W.3d 150, 159 (Mo. banc 2011), and MAI-CR 4th 404.02 Notes on Use 7.
	6.	The state is required to prove that at least one act was committed in furtherance of the conspiracy.  If within the scope of the charge, this form permits the state to submit more than one act in separately numbered subparagraphs in paragraph Third.  At trial, the jury must unanimously agree that at least one such act was done in furtherance of the conspiracy.  See State v. Celis-Garcia, 344 S.W.3d 150, 159 (Mo. banc 2011), and MAI-CR 4th 404.02 Notes on Use 7.  If more than one act is submitted, see Notes on Use 6 and 7 for the necessary modifications to the verdict director and verdict form.
	7.	When the acts in paragraph Third of MAI-CR 4th 404.08 are set forth in the disjunctive, do so in separately numbered subparagraphs.  See the instruction set out in footnote 6 in State v. Danforth, 654 S.W.2d 912, 921 (Mo. App. 1983).  When these matters are set forth in the disjunctive, that is, using the connector "or," use option [2] for the "However" paragraph.  See also Notes on Use 8.  When only one act is alleged or when several are alleged in the conjunctive, that is, using the connector "and," use option [1] for the "However" paragraph.
	8.	If option [2] is used for the "However" paragraph, the following verdict forms will be used:
	[a]	(As to Count _____, we) (We), the jury, find the defendant [name of defendant] not guilty.
	[b]	(As to Count _____, we) (We), the jury, find the defendant [name of defendant] guilty of conspiracy to commit an offense as submitted in Instruction No. ____.  We find beyond a reasonable doubt, as submitted in paragraph Third of that instruction, that:
____________________________________________________________________________________________________________________________________________________________________________________
	If you unanimously find beyond a reasonable doubt one or more of the acts submitted in paragraph Third occurred, your foreperson must write such act or acts you so find in the above blanks as follows:  
	1.	On [date], [Set forth first act described in paragraph Third.]
	2.	On [date], [Set forth second act described in paragraph Third.] (Continue for each act found unanimously by the jury.)
	[Note to court: (1) A separate paragraph for each act shall be set forth using the above pattern; (2) One pair of lines should be included for each act submitted.]
        9.	The object offense of the conspiracy must be defined in the paragraph following the "However" paragraph.  Care should be taken to include all essential elements of the object offense that constitute an A, B, or C felony or any unclassified felony if the maximum term of imprisonment for such felony exceeds 10 years.  Words and phrases used in the verdict directing pattern instruction for the defined offense may also be included.  Mandatory definitions that appear in the verdict directing form or in Notes on Use must be inserted in the definition in subsequent paragraphs.  Optional definitions may be included upon written request in proper form by the state or by the defendant or on the court's own motion.  If a special negative defense to the object offense has been injected and is supported by the evidence, the definition of the object offense should include that defense.
	10. 	In S.B. 600 (2020), the legislature deleted the following language from Section 562.014.7, RSMo: "A person shall not be charged, convicted or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense."  
	11.	Under Section 545.140.7, RSMo Cum. Supp. 2020, "if two or more defendants are charged with being joint participants in a conspiracy charged under section 562.014, it shall be presumed that there is no substantial prejudice from them being charged in the same indictment or information or from them being tried together."  But see Rules 23.06 and 24.06.
	12.	If the conspiracy was committed by the commission of an act by a person who had already agreed to commit the offense, or by a person who later conspired to commit the offense, modify this form.
	13.	Section 562.014.5, RSMo 2016, provides for the defense of renunciation.  The "burden of injecting the issue" of the defense of renunciation is on the defendant.  Whenever there is evidence supporting this defense, upon written request in proper form by either party or on the court's own motion, a paragraph submitting the defense will be added to the verdict director as follows: Add the word ", and" to the last numbered paragraph of the verdict director and insert the following:
 (Fourth) ([next numbered paragraph]), that defendant did not prevent the commission of [name of offense and its object] under circumstances indicating he had renounced any criminal purpose to commit that offense, 
	For a discussion of the defense of renunciation and other provisions of the conspiracy statute, see the comment under Section 9.020 of the Proposed Criminal Code of Missouri (1973), reprinted with Section 564.016, VAMS.  Note in particular the distinction between the doctrines of renunciation and withdrawal.
	14.	The following terms may be defined by the court on its own motion and must be defined upon written request in proper form by the state or by the defendant:
			"knowingly," and
			"purpose."
See MAI-CR 4th 433.00.
	15.	See Chapter 405 series of instructions if the issue of punishment is to be submitted to the jury in a bifurcated proceeding.