A criminal conspiracy is generally a partnership formed to commit a crime or crimes. A criminal conspiracy exists when two or more persons form an agreement to violate a law that includes criminal penalties, and then take one or more steps designed to accomplish the goal of the conspiracy.

Federal and state statutes make criminal conspiracies illegal for two primary purposes: (1) to help combat the powerful forces created when two or more people collaborate to commit a crime; and (2) to allow criminal prosecutors (state and federal) to prosecute persons who play a role in planning a crime but who are not involved in the physical acts taken to complete the underlying crime.

For example, under federal law, if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency of the United States in any manner or for any purpose, and one or more of such persons do any act to accomplish the objective of the conspiracy, each of the conspirators may be fined under and imprisoned for up to five years. See 18 U.S.C. §371. And most states have statutes (usually located in the penal or criminal code) that make criminal conspiracies a crime and include significant punishment upon conviction.

In Kansas, criminal conspiracy is addressed under Kansas Statutes Annotated (K.S.A.) 21-5302. A criminal conspiracy is defined as an agreement between two or more persons to commit a crime, followed by an overt act in furtherance of that agreement. The intent to commit the crime must be present for a conspiracy to exist. The punishment for conspiracy in Kansas depends on the severity of the crime that the conspirators agreed to commit. The statute aims to deter collaborative criminal efforts and allows for the prosecution of individuals involved in the planning stages of a crime, even if they do not participate in the actual commission of the crime. This aligns with the federal law under 18 U.S.C. §371, which similarly criminalizes conspiracies to commit any offense against the United States or to defraud the United States, with the requirement of at least one overt act to further the conspiracy, punishable by fines and imprisonment. Both state and federal laws recognize the enhanced threat posed by collective criminal endeavors and provide legal mechanisms to address such collaborations before they result in the completion of the intended offense.