When is a hypothetical conspiracy to commit a crime considered unlawful?

jzilla: When is a hypothetical conspiracy to commit a crime considered unlawful?
I’ve often heard that a person can get arrested for conspiring to commit a crime before an actual crime is committed. This makes sense, but, when exactly does something become illegal? For example, if I went online and engaged in a hypothetical conversation with another about pulling off a bank heist, exchanging ideas or scenarios regarding the best way to accomplish such a task, is that by default a conspiracy to commit a crime? To what extent can something be merely a wicked fantasy played out via conversation and not cross the line into unlawfulness?

Answers and Views:

Answer by jakflak
If you’ve taken steps towards the commission of the crime it crosses the line into conspiracy.

Answer by Jeffrey V
A criminal conspiracy is defined as an agreement between two or more persons to commit an illegal act along with an act in furtherance of the conspiracy. So in your hypo, the moment you took some tangible action in furtherance of the conspiracy, such as renting a car for the getaway or buying ammunition for weapons or obtaining blueprints of a sp[ecific target, then you have crossed from idle conversation into the realm of preparation, and that is where the violation of law occurs.

Answer by Pats Fan
Apparently, when you are the Governor of Illinois. In his case he has been accused of discussing corrupt acts on the telephone. I never knew that was a crime until now.

Answer by Dan S
The moment the talk turns from hypothetical to real and since that is so hard to determine usually just talking about committing can be unlawful. It won’t be considered such until AFTER a physical attempt or real attempt has been made to commit the crime.

You can threaten to kill the President and that is a crime, just the mere statement is enough to get you in trouble. I can talk about robbing a bank all day though without it becoming a crime. It could be for a book, a movie or just an exercise in thought and thoughts no matter how wild are not illegal. But, discussing those thoughts can be criminal, but only if something is done that would be criminal in nature or if an attempt is made. Like stealing a getaway car for the bank robbery.

So a real act has to be done before it becomes a crime, in most cases. In the special case of threats on the President just discussing that becomes a crime. Otherwise you can’t prosecute a person for a fantasy.

Answer by icy ice
it all depends on your mental state at the time of the “conspiring”. Did you actually intend at the time to go through with it? If it’s just a joke, you won’t be liable, obviously.

But that’s the theory. the police will charge you when they get reasonable suspicion that you guys were serious. then it’s up to your lawyer to defend you by arguing otherwise.

Answer by Meilien
It’s only conspiracy when they can demonstrate that you have intent to commit the crime AND were preparing to do it.

If you were a 10 year old and obviously had no way of pulling off the crime, or if you didn’t fit the profile of somebody who intended to commit the crime then you wouldn’t be charged. But if you had a police record for robberies or similar, then you cold be charged.