Conspiracy

 

Conspiracy refers to an agreement between two or more individuals to commit a criminal act. In California, conspiracy is governed by Penal Code Section 182. Under this section, the key elements of conspiracy are as follows:

1. Agreement: There must be an agreement between two or more individuals to commit a crime. The agreement can be express or implied, and it does not necessarily require a formal or written agreement. However, there must be some mutual understanding and concerted action among the conspirators.

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3. Specific Intent: The participants must have the specific intent to commit the underlying crime. This means they must have a shared purpose to achieve the criminal objective of the conspiracy. Mere knowledge or presence at the scene is generally insufficient to establish conspiracy.

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5. Overt Act: In California, an overt act is required to establish conspiracy. This act must be committed by one of the conspirators in furtherance of the agreement. The overt act can be any act that demonstrates a step towards accomplishing the objective of the conspiracy. It does not need to be criminal in nature and can be as simple as making a phone call or buying supplies for the planned crime.

Importantly, California follows the unilateral approach to conspiracy. This means that if only one person has the intent to commit the underlying crime and another person unknowingly aids or encourages that person, the person with the intent can be charged with conspiracy, while the unknowing individual may not be.