What does "criminal conspiracy" refer to?

Study for the SAPD Penal Code 1 Test. Prepare with interactive practice exams, multiple choice questions, and detailed explanations. Ensure your success on test day!

"Criminal conspiracy" refers to an agreement between two or more individuals to commit a criminal act, along with an overt act taken in furtherance of that agreement. This definition is rooted in the understanding that mere discussion or planning of a crime typically does not constitute a conspiracy unless there is a clear step taken towards executing that plan. The critical element is that there must be an agreement to commit a specific criminal act, and this is solidified by an overt action that demonstrates intention to proceed with the conspiracy.

The importance of the overt act in the definition is that it serves as evidence that the conspiracy is not merely theoretical but has transitioned into a actionable plan. This distinguishes criminal conspiracy from mere discussions about crime, which wouldn't meet the legal threshold for conspiracy charges. In cases where individuals only discuss committing a crime without taking steps towards realization, those conversations alone would not fulfill the legal criteria for conspiracy. Hence, understanding criminal conspiracy requires acknowledging both the agreement and the specific actions intended to carry out the crime.

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