Under the modern majority rule followed by most states and by the federal general conspiracy statute (18 U.S.C. § 371), a conspiracy is not complete unless at least one conspirator commits an overt act in furtherance of the agreement. What is the consequence if no overt act is committed under that majority rule?
No conspirator may be convicted under the common-law minority rule unless at least one overt act is performed.
No conspirator may be convicted under the majority rule unless at least one overt act is performed.
All conspirators may still be convicted because the agreement alone suffices in the majority of jurisdictions.
All conspirators may still be convicted only if at least two conspirators subjectively intended to perform the overt act, even though none was done.
Choice C is correct. Under the majority approach (and under 18 U.S.C. § 371), proof of (1) an agreement plus (2) the specific intent to carry it out is not enough; the prosecution must also show that one conspirator performed some overt act-however minor-to advance the plan. Without that act, the crime of conspiracy is incomplete, and none of the parties can be convicted under the majority rule.
Choice A is wrong because an agreement alone suffices only under the common-law minority rule and under certain specific federal statutes (e.g., 21 U.S.C. § 846; 18 U.S.C. § 1956(h)), not under the majority rule described in the question.
Choice B is wrong because the majority rule requires an act, not merely additional intent.
Choice D is wrong because the common-law minority rule does not require an overt act; it is the majority rule that does.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the overt act requirement in conspiracy law?
Open an interactive chat with Bash
How do common-law conspiracy rules differ from modern conspiracy laws?
Open an interactive chat with Bash
Why is the overt act requirement significant in conspiracy cases?