Can A Conspiracy Involve More Than Just Planning?

Conspiracy is a crime committed by two or more people to commit an unlawful act or achieve a lawful end by unlawful means. It requires at least one participant to take concrete steps towards realizing the criminal intent. The overt act required for conspiracy can be preparatory activity, while the criminal act element required for attempt must be more than mere preparation. The criminal intent element required for conspiracy is specific intent or purposely to agree to commit the crime.

In some jurisdictions, a tangible step (overt act) towards the crime might be needed, even if minimal, for a conspiracy charge. An attempted crime goes beyond mere preparation to commit the crime, and simply discussing the crime or contemplating it with a friend is not enough. The line between mere preparation and a substantial step can be hard to identify, but some suggest that the more egregious the underlying offense, the sooner the attempt is committed.

An accomplice is another type of crime that goes beyond mere preparation but fails to achieve the intended criminal outcome. To be guilty of an attempt, an accused must have progressed a sufficient distance (beyond mere preparation) down the intended path. An act goes “beyond mere preparation” in law when a person takes the first step toward committing the offence after preparation is complete.

Conspiration is usually described as an agreement between two or more persons to commit an unlawful act or accomplish a lawful end by unlawful means. An offence by a group of people isn’t necessarily a conspiracy. The act will be sufficient where the accused actions have “progressed a sufficient distance” down the intended path.

Article 80, UCMJ, defines an attempted offense as an act done with specific intent to commit an offense amounting to more than mere preparation. All talk and no action is not an offense.