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 Minnesota, criminal conspiracy is defined under Minnesota Statutes Section 609.175. A criminal conspiracy occurs when two or more people agree to commit a crime and take some overt act towards its commission. The state recognizes different degrees of conspiracy, depending on the severity of the underlying crime that the conspirators intend to commit. Penalties for conspiracy in Minnesota vary based on the crime that was the object of the conspiracy, with more serious intended crimes leading to harsher penalties. For example, conspiracy to commit a felony may result in a sentence that is one-half the maximum imprisonment or fine that could be imposed for the actual commission of the felony. Under federal law, as outlined in 18 U.S.C. § 371, a conspiracy to commit any offense against the United States or to defraud the United States or any agency thereof involves potential fines and imprisonment for up to five years. Both state and federal laws aim to deter and punish the collaborative efforts to plan and potentially carry out criminal activities, even if the conspirators do not personally commit the acts constituting the underlying offense.