Under the MPC, what is required for conspiracy to be established?

Under the MPC, what is required for conspiracy to be established?

• A. Overt act
• B. Mutual agreement only
• C. No act required
• D. Physical execution

Answer: (A)

The crucial idea tested is that under the Model Penal Code, conspiracy requires more than just a plan. To convict, there must be an agreement to commit the crime and at least one act taken to move toward its accomplishment. That act, a step in furtherance of the objective, shows the conspirators have moved from mere deliberation to action. It doesn’t require the crime to be completed—the act can be something small that advances the plan. So the best answer is that an overt act (an act in furtherance) is required. The option that only mutual agreement is enough is incorrect, and requiring no act or waiting for full execution would misstate the MPC approach.

The crucial idea tested is that under the Model Penal Code, conspiracy requires more than just a plan. To convict, there must be an agreement to commit the crime and at least one act taken to move toward its accomplishment. That act, a step in furtherance of the objective, shows the conspirators have moved from mere deliberation to action. It doesn’t require the crime to be completed—the act can be something small that advances the plan. So the best answer is that an overt act (an act in furtherance) is required. The option that only mutual agreement is enough is incorrect, and requiring no act or waiting for full execution would misstate the MPC approach.