In common law conspiracy, what is required for the overt act element?

• A. An overt act is required; preparatory acts are sufficient
• B. No overt act is required
• C. Only the mere agreement suffices
• D. The act must be completed and successful

Answer: (A)

In common law conspiracy, you must have two elements: an agreement between two or more people to commit an unlawful act (or to use unlawful means to achieve an unlawful end), and an overt act in furtherance of that agreement. The overt act shows the parties have moved from mere talk to action. Importantly, that act can be preparatory or minor as long as it advances the plan; it does not have to be illegal by itself. The conspiracy offense is complete when the agreement exists and at least one conspirator performs an overt act toward carrying out the plan, even if the plan never reaches its intended result. So an overt act is required, and preparatory acts can satisfy that requirement without needing the final crime to be completed or successful.