Wharton's Rule generally implies that conspiracy to commit a crime requiring two or more participants is typically what?

• A. Not possible to convict of conspiracy
• B. Always possible with two conspirators
• C. Only possible if the underlying crime is aggravated
• D. Not affected by the number of participants required by underlying crime

Answer: (A)

Wharton's Rule says that for offenses that by their nature require the participation of two or more people to complete, there is no separate conspiracy offense to convict of. The crime itself already depends on multiple participants, so the plan or agreement to commit it isn’t a distinct offense to charge separately in most jurisdictions. Applying that here, a conspiracy to commit a crime that requires two participants is typically not a separate offense to convict of, which is why this answer is the most accurate. The other statements don’t fit because Wharton's Rule shows the existence of a conspiracy charge is not independent of the underlying joint crime when two or more participants are required.