Texas Penal Code Practice

Criminal conspiracy under the Texas Penal Code is defined as an agreement between two or more individuals to commit a crime, along with an overt act taken in furtherance of that agreement. This means that simply having an agreement is not enough; the law requires that at least one of the parties take a concrete step towards carrying out the crime.

This requirement for an overt act distinguishes conspiracy from mere planning or agreement. The overt act can be any act that contributes to the commission of the crime, even if it is not itself a criminal act. This principle underscores the notion that conspiracy is concerned with the danger posed by the collusion of individuals to commit a crime, rather than the completion of the crime itself.

Other options do not encompass the full scope of what constitutes conspiracy according to Texas law. An agreement to commit a crime without action lacks the critical element of an overt act, which is essential for establishing criminal conspiracy. A single person preparing to commit a crime addresses individual intent rather than conspiratorial agreement. Finally, merely planning a crime that is never executed does not satisfy the legal definition either, as there must be an overt act toward the crime to support a charge of conspiracy.