Rather, the act must merely be a step taken in furtherance of the criminal objective, such as buying a weapon or holding a meeting to plan an attack. This overt act does not have to be the crime itself, nor does it have to be an act that is illegal. 3 At least one of the conspirators committed an overt act (most states)įinally, in most states, conspiracy requires an “overt act” taken in furtherance of the crime.2 All conspirators had the specific intent to commit the crime.1 Two or more people agreed to commit a crime.As long as an individual understands that the act being planned is a criminal one and proceeds nonetheless, he can be charged with conspiracy. This specific intent requirement does not require that each individual knows all the details of the crime or all of the members of the conspiracy. For instance, if two sisters agree to rob a bank and ask their brother to drive them to the bank without informing him of their intent to commit a crime, he cannot be charged with conspiring in the robbery. This means that someone who is entirely unaware that she is participating in a crime cannot be charged with conspiracy. Second, all conspirators must have the specific intent to commit the objective of the conspiracy. All that is required is that the parties had a mutual understanding to undertake an unlawful plan.
This agreement does not have to be formal or in writing. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed.Ĭonspiracy first requires a showing that two or more people were in agreement to commit a crime. For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is an inchoate crime because it does not require that the illegal act actually have been completed. A conspiracy occurs when two or more people agree to commit an illegal act and take some step toward its completion.
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