Actus Reus

Actus Reus of Conspiracy: the agreement to commit a crime.

Tacit agreements suffice—no formal contract required.
Timing irrelevant: the agreement may form at any point before completion.
Underlying crime need not occur for conspiracy liability to attach (conspiracy is inchoate).
Choreography: courts may infer agreement from the totality of conspirators' conduct—presence at key moments, coordinated movements, communications, post-crime behavior.

Inferring agreement (per State v. Rosado, 2009 WL 3086436 (Conn. 2009)):

∆ present at scene of crime.
∆ present when principal directed the act and provided weapons.
∆ fled with conspirators to a common location, where weapons were later found.
DNA on weapons.
False statements to police.
→ The closer ∆'s presence correlates to multiple points of the crime, the stronger the inference.

Cases:

State v. Papillon, 236 A.3d 839 (N.H. 2020) — tacit understanding sufficient.
State v. Rosado, 2009 WL 3086436 (Conn. 2009) — circumstantial evidence sufficient.
How many conspiracies? — single agreement vs. multiple agreements.