The crime of conspiracy is found in Penal Code § 182. Conspiracy is where two or more people agree

  1. Commit a California Crime (By far the most common theory)
  2. Commit a crime against the Executive Branch members, any Governor, or any U.S. Judge
  3. Falsely accuse another of committing or participating in a crime
  4. File a fraudulent lawsuit
  5. To Defraud
  6. Commit an act against the public welfare

Almost always the District Attorney when filing a conspiracy charge would charge under the conspiracy to commit a California crime section. Below are the elements for that theory.

Elements of The Crime (Summary)

  1. Intent to agree and agree with another person or persons
  2. To commit a California crime (Conspiracy to commit a federal crime = federal charges)
  3. With the intent at the time of agreement that one of the participants would commit the crime
  4. One of them committed at least one OVERT ACT to accomplish the crime
  5. At least one of these overt acts was committed in California.

If convicted of for conspiracy to commit a California crime, then the person faces the same punishment that comes with the crime that conspired to commit. For example if the person is convicted of conspiracy to commit a first degree burglary that person would face the same punishment as if they committed the burglary, whether the burglary was committed or not.

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