Who can be charged with criminal conspiracy?

The correct answer focuses on the essential element of criminal conspiracy, which is the agreement between two or more individuals to commit a crime. This concept is rooted in the idea that the intent to commit a crime, coupled with an agreement, constitutes a conspiracy, regardless of whether the crime is ultimately carried out. The law recognizes that even the mere planning and mutual understanding to engage in criminal activity can be harmful and poses a threat to society, necessitating legal accountability.

In this context, while leaders of a gang may certainly be charged with conspiracy, it is not limited exclusively to that group; therefore, an answer focused solely on gang leaders does not capture the broader applicability of the law. Similarly, merely discussing a crime does not meet the legal definition of conspiracy unless it involves a specific agreement to commit it. Reporting a crime to authorities, far from constituting conspiracy, typically denotes an act of responsibility to prevent or halt criminal activity rather than an intention to engage in it. Thus, the essence of conspiracy lies in the mutual agreement of two or more parties to pursue criminal objectives.