A criminal conspiracy is generally a partnership formed to commit a crime or crimes. A criminal conspiracy exists when two or more persons form an agreement to violate a law that includes criminal penalties, and then take one or more steps designed to accomplish the goal of the conspiracy.
Federal and state statutes make criminal conspiracies illegal for two primary purposes: (1) to help combat the powerful forces created when two or more people collaborate to commit a crime; and (2) to allow criminal prosecutors (state and federal) to prosecute persons who play a role in planning a crime but who are not involved in the physical acts taken to complete the underlying crime.
For example, under federal law, if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency of the United States in any manner or for any purpose, and one or more of such persons do any act to accomplish the objective of the conspiracy, each of the conspirators may be fined under and imprisoned for up to five years. See 18 U.S.C. §371. And most states have statutes (usually located in the penal or criminal code) that make criminal conspiracies a crime and include significant punishment upon conviction.
In Ohio, criminal conspiracy is defined under Ohio Revised Code Section 2923.01. It is an agreement between two or more persons to commit a criminal offense, with at least one overt act taken to further the conspiracy. The severity of the charges can range from a misdemeanor to a felony, depending on the nature of the underlying offense that the conspirators agreed to commit. The purpose of Ohio's conspiracy law, similar to federal law, is to deter the collaboration in criminal activities and to allow for the prosecution of individuals who contribute to the planning and preparation of crimes, even if they do not participate in the actual commission of the crime. Under federal law, specifically 18 U.S.C. § 371, a conspiracy to commit any offense against the United States or to defraud the United States or any agency thereof involves potential fines and imprisonment for up to five years. Both state and federal laws reflect the understanding that conspiracies pose a distinct threat due to the collective effort to commit crimes, and thus, they provide a legal framework for punishing such collaborative criminal plans.
