Is A Conspiracy Agreement To Commit A Crime?

Conspiracy is an inchoate crime that requires two or more people to agree to commit an illegal act and take a step towards it. It differs from attempt and aiding and abetting, as it requires at least one member to commit an overt act. A criminal conspiracy is an agreement between two or more people to commit a crime or deprive someone of their legal rights. The agreement can be express or implied, and each conspiracy member must know the agreement and the objective. The agreement must also be specific to the crime that is committed.

In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. In some countries or for some conspiracies, criminal law may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. Conspiracy is an agreement to commit an unlawful act, with the agreement itself being the crime, but at least one co-conspirator must take an “overt act” in order to commit the crime.

The purpose of the conspiracy offence is to extend liability “backwards” by criminalizing the planning (or agreement) stage of a criminal offense. Conspiracy, along with attempt and criminal solicitation, is one of the three major categories of “inchoate” crimes, which do not need to be committed. Conspiracy, an inchoate offense, is proscribed under Article 81, UCMJ, and has two elements: that the accused entered into an agreement with one or more individuals; and that the conspiracy was a deliberate attempt to deprive someone of their legal rights.