When two or more people plan to commit an unlawful act, they may be charged with conspiracy. The planed crime does not actually need to be committed.
It is the planning of the crime that is against the law. The prosecution must show that that the defendants would have committed the crime had they not been stopped by law enforcement.
Many states will require the prosecution to show an ‘overt act’ toward the participation of the crime. Where the planned crime is actually committed, a defendant may be charged with both conspiracy to commit a crime, and with the crime itself.
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