Sec. 2.1. (a) A person who, with the intent to commit theft under section 2 of this chapter: (1) agrees with at least two (2) other persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. (b) It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed: (1) has not been prosecuted; (2) has not been convicted; (3) has been acquitted; (4) has been convicted of a different crime; (5) cannot be prosecuted for any reason; or (6) lacked the capacity to commit the crime. (c) A person may not be convicted of an offense under this section and: (1) an attempt to commit theft; or (2) a conspiracy to commit theft; with respect to the same underlying theft.
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