California, United States of America
The following excerpt is from People v. Villegas, F072155 (Cal. App. 2018):
Criminal conspiracy is an inchoate crime distinct from, and not requiring, the actual commission of the substantive criminal offense that is the object of the conspiracy. (People v. Morante (1999) 20 Cal.4th 403, 416.) To sustain a conviction for conspiracy to commit a particular offense, the prosecution must show that: (1) the defendant and another person had (a) the specific intent to agree or conspire to commit an offense and (b) the specific intent to commit the elements of that offense; and (2) proof must exist that one or more parties to the agreement committed an overt act in furtherance of the conspiracy. (People v. Jurado (2006) 38 Cal.4th 72, 120.)
Circumstantial evidence may be used to establish the elements of conspiracy. (People v. Bogan (2007) 152 Cal.App.4th 1070, 1074.) This may be based on the activities of the alleged conspirators before and during the alleged conspiracy, including their conduct, relationships and interests. (Ibid.)
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