(INDSIM) 1. Intoxication; 2. Necessity; 3. Duress; 4. Self-Defense; 5. Insanity; 6. Mistake (of law or fact).
1. Intent to enter agreement; 2. intent to commit offense; 3. one of co-conspirators committed act in furtherance of agreement.
- Must be bilateral
- Intent can be inferred from stake in the venture;
- Overt act of any one conspirator counts as act; some jurisdictions require bilateral agreement (one person can't form conspiracy by himself)
- Withdrawal not defense to conspiracy but liability for subsequent act
- Withdrawal: notify others in conspiracy w/ time for others to withdraw.
- Section 5.03(2) 1. purpose to promote or facilitate an offense; 2. agreement to have one of them engage in conduct that constitutes crime OR agree to aid in planning commission of such crime or attempt or solicitation to commit such crime.
- If you, as a conspirator, know that co-conspirator has conspired with another to commit the same crime, you're guilty of conspiring with them--whether you know them or not.
- Impossibility = NO defense
- No Pinkerton or Wharton
An agreement by two persons to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require the participation/agreement of two persons for its commission.
Examples: dueling, adultery, etc.
Pinkerton Doctrine (applies only to C/L)
If we are all in a conspiracy, we are all guilty of substantive offenses of the other members
1. Intent to commit an offense; 2. Defendant did some act beyond mere preparation