Most states say that you are guilty of the crime of conspiracy to commit murder if you:
- agree with one or more other people to intentionally and unlawfully kill someone, and
- at least one of the persons involved commits some act to further the agreement.
As to an “agreement,” it does not have to be clearly articulated or complete in details. Further, it can be inferred from your conduct.
The main focus is that you know that the purpose of the agreement is to intentionally murder someone and you agree to take part in the crime.
With regards to an act that furthers an agreement, most jurisdictions say that it must be some specific act that helps the group advance the first-degree murder crime. Examples may include someone:
- buying the murder weapon,
- renting a “get-away” car, or
- arranging for the alleged “victim” to be in a certain location at a certain time to elude law enforcement.
Depending on the facts of the case and the state in which the conspiracy took place, a defendant may face the same penalties for conspiracy to commit murder as the person would have faced for actual murder charges.
Conspiracy to commit murder is typically indictable as a felony (as opposed to a misdemeanor). Plus a conviction will remain on your criminal record for several years before it can become sealable (if it ever does).
1. How is “conspiracy to commit murder” defined?
The criminal laws of most states say that you commit conspiracy to commit murder if you agree with one or more other people to intentionally and unlawfully kill someone.1
Note that many states say that you are not guilty of conspiracy unless one of the co-conspirators takes some overt act in furtherance of the conspiracy or in furtherance of the agreement.2
2. Is it only if you are found at the murder scene?
No. A conspiracy charge focuses on whether you were a member of an agreement to break the law.
In the case of conspiracy to commit murder, it is your association with other people who want to kill someone that constitutes the crime intentionally. All that matters is that you acted with someone else and there was:
- some solicitation to commit murder,
- a plan or intent to kill someone, or
- an attempted murder.3
The criminal charge of conspiracy to commit murder does not require that you be physically present at the murder scene.
3. Is an explicit agreement necessary?
In most states, no. An agreement can be clearly stated, but in the case of conspiracy, the agreement can also be inferred from your conduct.
However, note that whether the agreement is clearly stated or inferred, the agreement must be to kill a person intentionally.
For example, if you meet with another person in a park and discuss killing someone, you can be guilty of conspiracy to commit murder. This is even true if you did not explicitly agree on every detail of the killing.
Note also that an agreement can take place over time, it does not have to come to fruition at one particular moment. Further, it is not necessary that you know:
- all of the details to the agreement, or
- all of the members to the agreement.4
You just have to know that the specific intent of the agreement is to kill and agree to take part in the agreement.5
4. What is an “overt act”?
For those states that require a showing of an “overt act,” the phrase means that some member of the agreement must take a substantial step to further the object of the conspiracy.6
An overt act has to come after you entered into the agreement to kill, but before the murder is complete.
Further, note that the overt act does not have to be the murder itself. But it must be more than an agreement to kill.
Note, too, that it is not necessary that the overt act be a criminal act. For example, an overt act to further a murder can include any of the following legal acts:
- buying a gun,
- making a phone call to help arrange for a “get-away” car,
- giving a co-conspirator instruction on how to shoot a weapon, and
- renting a hotel room for the person that will commit the crime.
5. Does a murder actually have to take place?
Most often, no. An actual murder usually does not have to occur for you to be guilty of conspiracy to commit murder.
It is the agreement to kill which constitutes the offense, not the actual violent crime itself.
6. What if you withdraw from the conspiracy?
“Withdrawal” is a popular legal defense strategy for the crime of conspiracy. This is because you are usually not guilty of a conspiracy charge if you:
- withdraw from the conspiracy, and
- tell your co-conspirators that you are abandoning the plan.
While you can defend against this crime with other arguments, it is best to consult with a skilled criminal defense attorney to learn the best defense. A criminal defense lawyer will be able to provide legal services and legal advice as to what defense is most effective in casting reasonable doubt on a prosecutor’s case.
7. What is the federal law for conspiracy to commit murder?
Similar to most state laws, federal law defines conspiracy to commit murder charges as when:
“two or more persons conspire [to commit murder] … and one or more of such persons do any overt act to effect the object of the conspiracy[.]”
Conspiracy to commit murder carries up to life in prison in a federal detention center.7
Legal References:
- See, for example, Nev. Rev. Statute 199.480 (criminal conspiracy is the offense where two or more people make an agreement to violate the law). In this case, the violation of the law is the intentional murder of a person.
- See, for example, CALCRIM No. 563 – Conspiracy to Commit Murder, Judicial Council of California Criminal Jury Instructions (2022 edition). See also California Penal Code 182 PC.
- See Model Penal Code Section 5.03 (a criminal code that many states base their laws on).
- See Black’s Law Dictionary, Sixth Edition – “Conspiracy.”
- See same.
- See U.S. Supreme Court case of Yates v. U.S. (1957) 354 U.S. 298.
- 18 U.S.C. 1117. See also United States v. Harrelson (5th Cir., 1985) 766 F.2d 186.
