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 North Dakota, criminal conspiracy is defined under North Dakota Century Code (NDCC) Section 12.1-06-04. A criminal conspiracy occurs when two or more persons agree to engage in criminal conduct or to accomplish a legal act by unlawful means. The agreement itself is the crime, and it is not necessary for the actual crime to be completed for a conspiracy charge to be valid. To be convicted of conspiracy in North Dakota, at least one of the conspirators must perform an overt act in furtherance of the conspiracy. The penalties for conspiracy depend on the severity of the crime that the conspirators agreed to commit, ranging from a Class A misdemeanor to a Class AA felony. This state statute aligns with the federal law under 18 U.S.C. §371, which also criminalizes conspiracy to commit an offense against the United States or to defraud the United States, with the requirement of an overt act and penalties including fines and imprisonment. Both state and federal laws aim to dismantle the collaborative efforts to commit crimes and enable the prosecution of individuals involved in the planning stages of criminal activities.