Montana Code § 45-4-102

Conspiracy
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45-4-102 . Conspiracy. (1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator. (2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired: (a) has not been prosecuted or convicted; (b) has been convicted of a different offense; (c) is not amenable to justice; (d) has been acquitted; or (e) lacked the capacity to commit the offense. (3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.

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