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A criminal offense that requires two parties cannot be the object of a conspiracy that consists of two parties. This rule is called Wharton’s rule, or the concert of action rule. 1 However, a statute can expressly criminalize a conspiracy to commit any crime, abrogating the rule. Currently, Wharton’s rule can operate as a judicialpresumption, to be applied in the absence of legislative intent to the contrary. 2
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