In criminal law, what are the typical elements of conspiracy?

• A. An agreement to commit a crime and usually an overt act by at least one conspirator.
• B. A mere suspicion of planning.
• C. A single person can conspire without agreement.
• D. An agreement to commit any crime even if not illegal.

Answer: (A)

Conspiracy liability rests on two or more people agreeing to commit a crime and acting to move the plan forward. The usual elements are: an actual agreement between at least two individuals to commit a criminal act; intent to achieve that illegal objective; and an overt act by one or more conspirators in furtherance of the plan, showing that the agreement has progressed beyond mere talk. The agreement can be explicit or inferred from conduct, and liability can attach even if the crime itself is never completed. This is why a single person cannot conspire with no partner, and why agreeing to do something legal would not constitute conspiracy.