Conspiracy

The classic MBE trap targets the plurality requirement: under the older bilateral rule you need two genuinely guilty minds, so an agreement with only an undercover officer or feigned accomplice yields no conspiracy — but the MPC’s unilateral approach convicts the lone real agreer regardless (most modern statutes follow the MPC). Watch for Wharton’s Rule (where the crime inherently needs two parties, like dueling or bribery, there’s no conspiracy among just those necessary parties unless an extra person joins) and the Gebardi/legislative-protection exception (a member of the class the statute protects, e.g., the transported minor, can’t be a co-conspirator). Mens rea is specific intent: intent to agree and intent to achieve the criminal objective.

Students wrongly assume conspiracy mirrors attempt. It does not — and it reaches further than Pinkerton liability does (accomplice liability needs actual aid or encouragement of the specific crime; Pinkerton needs only a foreseeable in-furtherance crime). Unlike with the merging attempt charge, factual impossibility is never a defense. Memory hook: two guilty minds, one shared aim — pull either and the bilateral conspiracy collapses.