What is the test for a conspiracy to commit a crime?

California, United States of America


The following excerpt is from People v. Cortez, 234 Cal.Rptr.3d 609, 24 Cal.App.5th 807 (Cal. App. 2018):

Section 182 defines the crime of conspiracy as two or more persons conspiring to "commit any crime." ( 182, subd. (a)(1).) Section 184 requires that one or more parties to the agreement commit an act to "effect the object" of the conspiracy. ( 184.) Thus a conspiracy requires proof that the defendant and at least one other person "had the specific intent to agree or conspire to commit an offense, as well as the specific intent to commit the elements of that offense, together with proof of the commission of an overt act by one or more of the parties to such agreement in furtherance of the conspiracy." ( People v. Morante (1999) 20 Cal.4th 403, 416, 84 Cal.Rptr.2d 665, 975 P.2d 1071, quoting 184; People v. Cortez (1998) 18 Cal.4th 1223, 1232, 77 Cal.Rptr.2d 733, 960 P.2d 537.) An overt act is an " "outward act done in pursuance of the crime and in manifestation of an intent or design, looking toward the accomplishment of the crime." " (

[24 Cal.App.5th 818]

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