While the man would not be expected to be part of the group who breaks into the property, he is asked to pay for a hotel room close by that the group can use as a home base. The act of conspiring to commit the crime is illegal in and of itself.Ī man is approached by a group of friends who want to commit Commercial Burglary under California Penal Code Section 459 PC. A person can be guilty of a Conspiracy charge even if the planned crime is never committed. The overt act does not need to be criminal in nature, and can be as simple as purchasing ski masks before a Robbery or visiting a building to scout its layout prior to a Burglary. The overt act must be something more than the act of agreeing or planning to commit the crime, but it does not have to be the crime itself. The overt act must be completed after the defendant entered into the agreement but before the crime has been completed. The overt act was committed in California.Īn overt act is an act completed in order to help the group accomplish the agreed upon crime.
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