There are many different levels of conspiracy, however in the eyes of the law. Each one has different elements that comprise it and different punishments.

Different Conspiracy Levels:

Conspiracy (6th degree) – In Upstate New York, Conspiracy in the sixth degree a Class B Misdemeanor, is when one agrees with one or more persons, to engage in a criminal act.

Conspiracy (5th Degree) – In Upstate New York, conspiracy in the fifth degree, a Class A Misdemeanor, is charged when a person demonstrates intent of a felony to be performed, the defendant agrees with one or more persons to engage in or cause the performance of criminal conduct. – OR – A crime be performed, the defendant (over 18 years of age), agrees with a minor (under 16 years of age) to engage in or cause the performance of criminal conduct.

Conspiracy (4th Degree) – In Upstate New York, a Conspiracy charge in the fourth degree, a Class E Felony, is when a person demonstrates intent constituting:

• A class B or class C felony be performed, he/she agrees with one or more persons to engage in or cause the performance of such conduct;
• A felony be performed, the defendant being over 18 years of age, agrees with one or more persons under 16 years of age to engage in, or cause the performance of criminal conduct; 
• The felony of money laundering in the third degree as defined in section 470.10, be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct.

Conspiracy (3rd Degree) – In Upstate New York, a person is guilty of conspiracy in the third degree, a Class D Felony occurs when, with intent that conduct constituting a class B or a class C felony be performed, the defendant being over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of such criminal conduct.

Conspiracy (2nd Degree) – In Upstate New York, a person is guilty of conspiracy in the second degree, a Class B Felony in NY State, when, with intent that conduct constituting a class A felony be performed, the defendant agrees with one or more persons to engage in or cause the performance of such criminal conduct.

Conspiracy (1st Degree) – In Upstate New York, a person is guilty of conspiracy in the first degree, a Class A-I Felony, when, with intent that conduct constituting a class A felony be performed, he, being over 18 years of age, agrees with one or more persons under 16 years of age to engage in or cause the performance of such conduct.