In conspiracy law, which element is required?

• A. An overt act toward the crime is required.
• B. Only a general intent to harm is required.
• C. Agreement among two or more persons is unnecessary.
• D. A completed crime must occur.

Answer: (A)

Conspiracy hinges on showing the plan has moved from thought to action. It requires two or more people to knowingly and intentionally agree to commit an unlawful act, and it requires an overt act toward carrying out that plan. The overt act demonstrates that the conspirators have progressed beyond mere talk and have begun to implement the plan. In many systems, a completed underlying crime isn’t necessary for conspiracy to exist; liability attaches once the agreement and the overt act are present. That’s why the required element is an overt act toward the crime. A general intent to harm isn’t enough because intent alone, without taking observable steps, doesn’t show progression; an agreement among two or more is essential; and the conspiracy does not require the target crime to be completed.