Which statement is NOT an element of common law conspiracy?

Which statement is NOT an element of common law conspiracy?

• A. The parties must intend to achieve the objective
• B. An overt act is required
• C. The agreement must be between two or more people
• D. A completed act is required

Answer: (D)

Common law conspiracy rests on the combination of three things: two or more people form an agreement to achieve an unlawful objective (or to achieve a lawful objective by unlawful means), they intend to promote that objective, and there is usually an overt act in furtherance of the plan. The key point is that the crime does not require the objective to be completed; the act of agreeing and taking some step toward the plan is enough to establish conspiracy. Therefore, saying that a completed act is required is not an element of common law conspiracy. The other statements reflect elements that are typically present: the involvement of at least two people, the intent to achieve the objective, and an overt act.

Common law conspiracy rests on the combination of three things: two or more people form an agreement to achieve an unlawful objective (or to achieve a lawful objective by unlawful means), they intend to promote that objective, and there is usually an overt act in furtherance of the plan. The key point is that the crime does not require the objective to be completed; the act of agreeing and taking some step toward the plan is enough to establish conspiracy. Therefore, saying that a completed act is required is not an element of common law conspiracy. The other statements reflect elements that are typically present: the involvement of at least two people, the intent to achieve the objective, and an overt act.