7.2.2: Conspiracy Intent

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    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 one of the parties has the appropriate intent (Ind. Code, 2011). 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 is specific intent or purposely to agree with another to commit the crime at issue (Connecticut Criminal Jury Instructions 3.3-1, 2011). 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 commit the underlying offense (State v. Lewis, 2011).

    Example of Conspiracy Intent

    Shelley and Sam meet at a bar and discuss their lack of finances. Shelley mentions that she and her friend Steffy work at a convenience store. Sam asks Shelley if she would like to help him rob the convenience store when Steffy is working. Shelley agrees. The two plan the robbery. Shelley and Sam agree that Shelley will drive the getaway car on the appointed date and time. Shelley informs Sam that Steffy is extremely meek and fearful and will readily hand over cash out of the cash register if Sam uses a fake handgun. Shelley and Sam probably have the criminal intent element required for conspiracy. Shelley and Sam have the intent to agree to work together because they both need each other to successfully complete the convenience store robbery. In addition, Shelley and Sam have the intent to successfully commit the robbery because they both want the money the robbery will produce. Thus if no overt act is required in their jurisdiction, Shelley and Sam most likely have completed the crime of conspiracy and may be prosecuted for this offense whether or not the robbery actually takes place.

    This page titled 7.2.2: Conspiracy Intent was last modified on Wed, 02 Sep 2026 08:32:03 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.