Conspiracy (Criminal Law)
An agreement between two or more persons to commit a criminal act, combined with the intent to achieve that objective — punishable as a separate inchoate offense independent of whether the target crime is completed.
Elements / Test
Common law elements:
- Agreement between two or more persons (express or implied; proven by circumstantial evidence)
- Intent to agree AND intent to achieve the criminal objective
- Overt act in furtherance of the conspiracy (required by some jurisdictions; MPC for first-degree felonies requires no overt act)
MPC § 5.03:
- Unilateral approach: A person is guilty of conspiracy if they agree with another person — even if the other party has no actual criminal intent (undercover officer scenario)
- Common law required bilateral approach (genuine agreement between parties)
- Renunciation defense (MPC § 5.03(6)): complete and voluntary renunciation + thwarting of success
Exceptions and Edge Cases
- Pinkerton liability: Each co-conspirator is criminally liable for substantive offenses committed by any co-conspirator in furtherance of the conspiracy that are reasonably foreseeable (Pinkerton v. United States)
- Wharton’s Rule: Where the target offense necessarily requires two parties (bigamy, adultery, incest, bribery), conspiracy charge requires more participants than the minimum needed for the offense
- Gebardi rule: Victim protected by the statute cannot be conspirator
- Buyer-seller: Mere purchase-sale transaction is not conspiracy to distribute
- Scope — single vs. multiple conspiracies: Wheel (hub-and-spoke — needs rim to be single conspiracy) vs. chain (links with common interest = single)
- Conspiracy vs. accomplice liability: Accomplice requires completion of underlying offense; conspiracy does not
- Withdrawal: Complete withdrawal (affirmative act + communication to co-conspirators or law enforcement) before overt act — may avoid liability; does NOT unilaterally end conspiracy
Policy Rationale
Group criminal activity is more dangerous than individual crime; prevention rationale. But risks: overbroad collective liability; guilt by association; prosecutors use it to aggregate weak evidence.
Key Cases
| Case | Rule |
|---|---|
| Pinkerton v. United States (1946) | Co-conspirator liability for substantive offenses in furtherance of conspiracy |
| Kotteakos v. United States (1946) | Wheel conspiracy with no rim = multiple separate conspiracies; prejudicial to try together |
| People v. Lauria (1967) | Mere knowledge of customer’s criminal use insufficient; stake in venture needed for supplier liability |