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A. A person is guilty of criminal conspiracy when, with intent that conduct constituting an <br /> offense under the ordinances of the city be performed, he agrees with one or more persons to <br /> engage in or cause the performance of such conduct, and any one of them takes a substantial step <br /> in pursuance of such agreement. <br /> B. It shall not be a defense to criminal conspiracy that the person or persons with whom the <br /> accused is alleged to have conspired: <br /> 1. Has not been prosecuted or convicted; or <br /> 2. Has not been convicted of a different offense; or <br /> 3. Is not amenable to justice; or <br /> 4. Has been acquitted; or <br /> S. Lacked the capacity to commit an offense. <br /> C. Criminal conspiracy is a misdemeanor. <br /> Be and the same is hereby amended to read as follows: <br /> Criminal conspiracy. <br /> offense under the ordinances of the city be performed,he agrees with one or more persons to <br /> in pursuance of such agreement. <br /> accused is alleged to have conspired: <br /> 1. Has not been prosecuted or convicted;or <br /> 2. Has not been convicted of a different offs e; er <br /> 3. Is not amenable to justice; or <br /> /1. Hai been acquitted; or <br /> 5. Lacked the capacity to commit an offense. <br /> 4 <br />