Which statement correctly describes conspiracy?

• A. An agreement between two or more persons to commit an unlawful act, but no overt act is required
• B. An agreement between two or more persons to commit a lawful act by lawful means
• C. A solitary intent to commit a crime
• D. An agreement between two or more persons to commit an unlawful act or to commit a lawful act by unlawful means, plus an overt act in furtherance of the agreement

Answer: (D)

Conspiracy is shown by more than one person agreeing to commit a crime (or to achieve a crime through unlawful means) and by an overt act taken in furtherance of that agreement. The essential elements are the mutual agreement and the objective to commit an unlawful act, plus an overt act that demonstrates the parties are moving from talk to action. The correct statement includes both the unlawful objective (or unlawful means) and the requirement of an overt act, capturing the full idea of conspiracy.

Why the other descriptions don’t fit: one option says no overt act is required, but in most jurisdictions an overt act is needed to prove the agreement has moved beyond mere discussion. Another option frames conspiracy as a lawful act by lawful means, which would not be criminal. A solitary intent without an agreement between at least two people fails to show the collaborative aspect essential to conspiracy.