Overt Act

Overt Act: a step taken by any conspirator to set the conspiracy in motion.

Requirements

  • The act does not need to be illegal.
  • The act does not need to be the target crime.
  • The act does not need to be performed by ∆—any conspirator's act counts.
  • Must accompany or follow the agreement.
  • Must be in furtherance of the conspiracy.

Why Required?

  • The overt act requirement screens out fleeting/abandoned plans, and gives external evidence the agreement is real.
  • Some jurisdictions (and the MPC for serious crimes) do not require an overt act—agreement alone is enough.

Cases: