3/30/2023 0 Comments Definition conspire![]() ![]() Like other inchoate crimes such as attempt, a defendant charged with conspiracy can raise the defense of abandonment or withdrawal. While an “overt act” implies an affirmative action, some courts have held that silence can be an overt act where it is intentional, planned, and done in furtherance of the conspiracy. Actions taken before the agreement do not fulfill this requirement. The act must also take place after the group of individuals has agreed to conspire. Rather, the act must merely be a step taken in furtherance of the criminal objective, such as buying a weapon or holding a meeting to plan an attack. This overt act does not have to be the crime itself, nor does it have to be an act that is illegal.
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