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Overt Act to Further a Criminal Conspiracy
https://conspiracy.uslegal.com/elements-of-the-crime/overt-act/
A criminal conspiracy is complete if the following elements are fulfilled:
An agreement about the objective of the conspiracy;
Specific intent to achieve that objective;
An overt act in furtherance of the agreement.
An overt act is defined as an outward act done in pursuance of the crime and a manifestation of an intent or design, intending the completion of the crime[i]. An overt act of a conspiracy is part of the “theory” of the case rather than an actual element of conspiracy.
An overt act must be something more than evidence of the conspiracy. It must be an act done by one of the parties to carry out the intent and it must be a step towards the execution of the conspiracy. An overt act is an act accomplished to effect the objective of the conspiracy. Therefore, the nature of a conspiracy is agreement to effect unlawful end. However, before an offense is completed, the party to conspiracy must perform some overt act[ii].