In many jurisdictions, the criminal act element required for conspiracy is an agreement to commit any criminal offense. 1 The agreement does not need to be formal or in writing. 2 Some states also criminalize as conspiracy the agreement to falsely indict another for a crime and the agreement to falsely maintain any lawsuit, even a civil lawsuit. 3 Other states only criminalize as conspiracy the agreement to commit a felony. 4
In some states and federally, an overt act in furtherance of the conspiracy is also required. 5 The Model Penal Code requires an overt act only when the planned crime is “other than a felony of the first or second degree” (Model Penal Code § 5.03(5)). The overt act does not have to be criminal and may be planning or preparatory activity that would be insufficient to constitute the criminal act element required for attempt. 6
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