What is required to prove “conspiracy” in California?

To establish the crime of "conspiracy" in California, it is necessary to demonstrate an agreement between two or more individuals to commit a crime, along with the commission of an overt act in furtherance of that conspiracy. This means that merely having a mutual understanding or plan to engage in criminal conduct is not sufficient; there must also be a concrete step taken towards executing that plan.

The requirement for an overt act emphasizes that the conspiracy must involve actions that move toward the completion of the proposed illegal activity, reinforcing the notion that conspirators are not just hypothetical collaborators but are actively working together to achieve their criminal objective. This key element is what differentiates conspiracy from mere contemplation of a crime. In California, the overt act can be minor, highlighting that the individuals involved have taken steps beyond mere discussion.

This understanding of conspiracy underlines the legal principle that agreements alone do not amount to a crime until there is evidence of action that shows an intention to see those plans through.