Conspiracy Laws

Sometimes two or more people form a plan to commit a crime. This may involve sophisticated organizations like drug rings, but it may occur in more ordinary circumstances as well. Even if the planned crime never happens, any of the people involved in the plan may face a conspiracy charge. These types of charges often present factual and legal complexities. A person suspected of engaging in a conspiracy should consult an experienced attorney. They should not discuss their situation with the police or prosecutors in the meantime. Statements in these interactions could come back to haunt a suspect in unexpected ways.

What Is Conspiracy?

Conspiracy involves an agreement to commit a crime, often combined with an act that sets the plan in motion.

Elements of Conspiracy

A prosecutor pursuing a conspiracy charge usually must show that the defendant entered into an agreement with one or more other people to do something illegal, while intending to help make it happen. An “agreement” does not need to be a formal document or statement. The prosecutor can meet this element by showing that the behavior of the alleged conspirators indicated an implicit agreement.

In addition, the prosecutor often must prove that at least one conspirator committed an “overt act” in furtherance of the conspiracy. While an overt act might not be a crime by itself, it indicates that the criminal plan has started to move into action. For example, a defendant probably would not be convicted of conspiracy under a law that requires proof of an overt act if they talked with a friend about burglarizing someone else’s house, but each of them went home and forgot about the conversation.

Examples of Conspiracy

Pat and Paola worked for the same store. After getting fired, they meet for dinner. Pat suggests that they send a message to their boss by setting fire to the store. Paola agrees and buys gasoline the next day. Each of them likely could be charged with conspiracy to commit arson.

Phil notices that a wealthy celebrity has moved into the neighborhood. He texts Pete to suggest that they solve their money problems by holding the celebrity for ransom. Pete texts back a thumbs-up emoji. Phil buys rope and stores it in his basement. This likely could be charged as conspiracy to commit kidnapping.

Offenses Related to Conspiracy

Conspiracy is considered an “inchoate” or incomplete crime. Some other types of conduct that fall within this category include:

• Attempt: may be charged when the defendant intended to commit a crime and took a step toward committing it, but they did not complete the crime
• Aiding and abetting: may be charged when the defendant facilitated a crime committed by someone else
• Solicitation: may be charged when the defendant asked or induced someone else to commit a crime

The definitions of these crimes vary by jurisdiction. A local attorney can explain what the law requires in a specific situation.

Defenses to Conspiracy

A defendant facing this type of charge might challenge any of the main elements of the crime. For example, they might argue that they did not enter into an agreement. Perhaps the defendant happened to be in the same place with two other people discussing a crime but was not part of the conversation. Or they might argue that no conspirator committed an overt act furthering the conspiracy. Perhaps an act that seems related to the criminal plan had an innocent purpose.

Sometimes a defense called “duress” might defeat a charge. This usually means that the defendant did not voluntarily enter into the agreement but was coerced into participation through a threat of imminent harm. In other cases, a defendant might point out problems with how law enforcement collected certain evidence supporting the charge. This could result in the exclusion of that evidence, potentially preventing the prosecution from meeting its burden of proof.

Penalties for Conspiracy

The penalties for conspiracy often depend on the penalties for the intended offense. For example, the Georgia conspiracy statute outlines the following penalties:

• Conspiracy to commit a felony: 1 year to half the maximum period of imprisonment for the intended offense
• Conspiracy to commit a misdemeanor: same penalty as for a misdemeanor
• Conspiracy to commit a crime punishable by death or life imprisonment: 1-10 years

The Illinois conspiracy statute provides for a one-level downgrade from the level of the intended offense for most conspiracies to commit felonies. However, a conspiracy to commit a Class 4 felony will be sentenced as a Class 4 felony, and a conspiracy to commit a misdemeanor carries the same maximum imprisonment as the intended offense. In Arizona, conspiracy is generally treated as the same class of crime as the most serious intended offense. However, a conspiracy to commit a class 1 felony carries a sentence of life imprisonment without the possibility of release for 25 years.

18 U.S. Code Section 371 is the main federal conspiracy law. This prohibits conspiring to commit an offense against the U.S. or conspiring to defraud the U.S. or a federal agency. A conviction generally carries up to five years in prison, but conspiring to commit a misdemeanor under this law carries a penalty no greater than the maximum punishment for the misdemeanor.

Last reviewed November 2024