In conspiracy, what is the essential relationship between the agreement and the crime?

• A. The agreement to commit a crime is the crime, and an overt act by a conspirator is required.
• B. The agreement is not required if there is an overt act.
• C. Only the overt act matters.
• D. The crime is completed before agreement.

Answer: (A)

Conspiracy is an inchoate offense defined by the formation of an agreement between two or more people to commit a crime. The agreement itself is the essence of the offense, meaning liability attaches once the parties have settled on a plan to commit the unlawful act. To convict, most jurisdictions also require an overt act in furtherance of the conspiracy, showing that the plan has moved from mere discussion to action. The underlying crime need not be completed for conspiracy liability to attach—the agreement plus an overt act suffices. This is why the best fit is that the agreement to commit a crime is the crime, and an overt act by a conspirator is required.