Section 30-28-2 NMSA 1978 Conspiracy

Justice

New Mexico Statutes Annotated 1978, Section 30-28-2. Conspiracy.

  • A. Conspiracy consists of knowingly combining with another for the purpose of committing a felony within or without this state.

New Mexico has what appears to be a very simple statute criminalizing conspiracy.

We wish to present the following videos as possible evidence of an actual conspiracy, and to evaluate, in our layman understanding of the law, what the discussion seems to indicate.


Transcript of Attorney David Pierce-Anatomy of a Conspiracy Part 1:

DAVID PIERCE:
So, this just came to me. I'm not telling, I'm suggesting. You know you. So, we go out tomorrow. If your girl is bringing pills tomorrow, we'll do the overnight and [unintelligible].
JUDITH PIERCE:
Well, Brittany [Smith] said I could overnight them. But our mail service is very slow. [unintelligible] it may not go overnight. But Brittany's willing to do it.
DAVID PIERCE:
No, no...
JUDITH PIERCE:
I know. We've already talked about this.
DAVID PIERCE:
Okay. Don't bark at me.
JUDITH PIERCE:
I'm not barking.
DAVID PIERCE:
Uh...
JUDITH PIERCE:
I'm saying...
DAVID PIERCE:
Our mail service is not very slow. You can get a FedEx package that will be at our doorstep at 10:00 o'clock.
JUDITH PIERCE:
Well, FedEx is not USPS.
DAVID PIERCE:
I didn't say it was.
JUDITH PIERCE:
I mean, alright.
DAVID PIERCE:
It would be 50 bucks, maybe. But...
JUDITH PIERCE:
Yeah, and I just [unintelligible].
DAVID PIERCE:
Is that big problem?
JUDITH PIERCE:
No. Well, I mean, not necessarily.



Transcript of Attorney David Pierce-Anatomy of a Conspiracy Part 2:

DAVID PIERCE:
[unintelligible], uh, I think the overnight thing is... the way to go.
JUDITH PIERCE:
What overnight thing?
DAVID PIERCE:
[unintelligible]
JUDITH PIERCE:
Not tonight.
DAVID PIERCE:
What? No. What is not tonight? We're trying to fly overnight to Annapolis.
JUDITH PIERCE:
Oh, yes, okay. Now, it's possible, but I don't think we'll get them until Saturday.
DAVID PIERCE:
Oh no no no no no.
JUDITH PIERCE:
No.
DAVID PIERCE:
No, no.
JUDITH PIERCE:
Well, this is the deal. If she brings them over tomorrow, like late afternoon.
DAVID PIERCE:
She's not bringing them... yeah bring them over to the United States.
JUDITH PIERCE:
Yes. And so, if Brittany has to overnight them, it will be tomorrow afternoon, which will be Thursday late. They won't get there Friday, they'll get there Saturday.
DAVID PIERCE:
No.
JUDITH PIERCE:
No. I know how this works!
DAVID PIERCE:
No. For the right price, you can get them there by 10 A.M. the next day.
JUDITH PIERCE:
Maybe.
DAVID PIERCE:
No, no, not maybe.
JUDITH PIERCE:
Okay, so I'd say Brittany, you know, take them in, early in the morning.
DAVID PIERCE:
Or whatever time she gets them.
JUDITH PIERCE:
Alright, alright [unintelligible].
DAVID PIERCE:
You know, honey, look...
JUDITH PIERCE:
You're desperate, I get it.
DAVID PIERCE:
It's not just that.
JUDITH PIERCE:
Look, you're desperate.
DAVID PIERCE:
I am, I am a little desperate. But it's also... [unintelligible]. I mean, it's not...
JUDITH PIERCE:
Whatever. I had to lie to her and say Oh, well we don't get our prescription and we're gone, whatever. I don't want to do that anymore.
DAVID PIERCE:
This is the last time.
JUDITH PIERCE:
No, it's not. But, you have to get out.
DAVID PIERCE:
I'll only get out if the pills [unintelligible]. That's my deal.
JUDITH PIERCE:
Okay [unintelligible].
DAVID PIERCE:
Okay, take it or leave it.
JUDITH PIERCE:
No.
DAVID PIERCE:
No, I'm working off...
JUDITH PIERCE:
[unintelligible] all about your life. I don't give a shit.
DAVID PIERCE:
No, no. I'm a [unintelligible]. Uh... I have a perfect solution.
JUDITH PIERCE:
You don't. Because our mail service has been very slow. So, if they don't get there...
DAVID PIERCE:
It's not mail.
JUDITH PIERCE:
Dave, will you please stop?
DAVID PIERCE:
You please stop.
JUDITH PIERCE:
Yeah, okay. Well, then, you and Brittany can coordinate.
DAVID PIERCE:
No, you stop.
JUDITH PIERCE:
Okay, you and Brittany can make it happen.
DAVID PIERCE:
Okay, that's fine. That's fine! [crosstalk]
JUDITH PIERCE:
I'm not gonna... I'm not...
DAVID PIERCE:
Whatever. Okay, well, you, I'm, I'm enjoying this [unintelligible]...
JUDITH PIERCE:
I was enjoying it until you started dogging me.
DAVID PIERCE:
I deny that. But, uh... [unintelligible].
JUDITH PIERCE:
No, I get it. And you're asking Brittany to overnight drugs. I'm not on, I'm not, I'm not...
DAVID PIERCE:
Whatever. I'll work it out with her.
JUDITH PIERCE:
Good. Good. [crosstalk]
DAVID PIERCE:
Okay. So, but uh. But you know, uh, I'm excited. [unintelligible]

There are generally four necessary elements of a criminal conspiracy charge:

  1. an agreement made between at least two parties,
  2. the agreement is intended to accomplish an illegal objective,
  3. all parties alleged to be involved understand the conspiracy and participate in some way, and
  4. at least one person involved in the conspiracy makes an overt act in furtherance of the conspiracy.

On a federal level, an agreement alleged between criminal parties must be to commit any offense, or fraud, against the United States or any of its agencies. An agreement to do something illegal crossing state lines also qualifies for a federal conspiracy charge. The first three elements can be fulfilled by a conversation and agreement between conspirators. The fourth element requires an overt act by a conspirator, such as mailing a package.

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