Under common law, can there be a conspiracy where only one person has the requisite criminal intent?

• A. Yes, a single defendant can form a conspiracy
• B. No, at common law two or more must have criminal intent; MPC allows one
• C. It depends on the jurisdiction
• D. Yes, if the other conspirators are acquitted

Answer: (B)

Conspiracy rests on mutual agreement and shared intent to commit a crime. At common law, you need two or more people who both have the requisite criminal intent to join an agreement to commit the offense. If only one person has that intent, there’s no true joint agreement, so no conspiracy under that traditional framework. The contrast is useful: the Model Penal Code broadens the approach, allowing a form of conspiracy where a single defendant can be charged if they knowingly align with others to commit the crime, even if those others don’t share the same level of intent. That’s why this item’s correct statement notes the common-law rule requiring two guilty minds, with the MPC offering a different, unilateral approach.