What is the test for conspiracy to commit a crime?

California, United States of America


The following excerpt is from People v. Mejia, B243500 (Cal. App. 2015):

"A conspiracy is an agreement by two or more persons to commit any crime. [Citations.] A conviction for conspiracy requires proof of four elements: (1) an agreement between two or more people, (2) who have the specific intent to agree or conspire to commit an offense, (3) the specific intent to commit that offense, and (4) an overt act committed by one or more of the parties to the agreement for the purpose of carrying out the object of the conspiracy." (People v. Vu (2006) 143 Cal.App.4th 1009, 1024 (Vu); see also 182.) The elements of conspiracy may be proven with circumstantial evidence. (Vu, at pp. 1024-1025; see also People v. Hardeman (1966) 244 Cal.App.2d 1, 41 [a conspiracy " 'may be proved by indirect evidence and inferences justified by the circumstances' "].) To prove conspiracy, it is not necessary to present

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evidence the conspirators met and expressly agreed to commit the target offense. (Vu, supra, at p. 1025.)

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