Home > West's Encyclopedia of American Law > Conspiracy

An agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors.

Conspiracy is governed by statute in federal courts and most state courts. Before its CODIFICATION in state and federal statutes, the crime of conspiracy was simply an agreement to engage in an unlawful act with the intent to carry out the act. Federal statutes, and many state statutes, now require not only agreement and intent but also the commission of an OVERT ACT in furtherance of the agreement.

Conspiracy is a crime separate from the criminal act for which it is developed. For example, one who conspires with another to commit