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 Kentucky, criminal conspiracy is defined under Kentucky Revised Statutes (KRS) 506.040. It is considered a crime when two or more persons agree to commit a criminal act or to engage in conduct that constitutes a crime. This agreement must be followed by an overt act in furtherance of the conspiracy. The severity of the punishment for conspiracy in Kentucky is typically one class lower than the most serious offense that is the object of the conspiracy. For example, if the target crime is a Class B felony, the conspiracy to commit that crime would be a Class C felony. The purpose of these laws is to deter collaborative criminal activity and to allow for the prosecution of individuals who contribute to the planning and preparation of crimes, even if they do not participate in the actual commission of the crime. At the federal level, as per 18 U.S.C. §371, individuals involved in a conspiracy to commit an offense against the United States or to defraud the United States can face fines and imprisonment for up to five years. Both state and federal laws reflect a commitment to preventing and punishing collaborative criminal efforts.