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Conspiracy Intent

6 October, 2015 - 16:29

The essence of conspiracy is agreement, which requires two or more parties. However, the modern approach is that a conspiracy may be formed as long as oneof the parties has the appropriate intent. 1 Pursuant to this unilateral view of conspiracy, a conspiracy may exist between a defendant and a law enforcement decoy who is pretending to agree.

In the majority of jurisdictions, the criminal intent element required for conspiracy isspecific intent or purposely to agree with another to commit the crime at issue. 2 As the Model Penal Code states, “[a] person is guilty of conspiracy…if with the purpose of promoting or facilitating its commission he: (a) agrees with such other person…that they…will engage in conduct which constitutes such crime” (Model Penal Code § 5.03(1) (a)). This intent has two components. The prosecution must prove that the conspirator intended to agree and also intended to commithe underlying offense. 3