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 Rhode Island, criminal conspiracy is defined as an agreement between two or more persons to commit a crime or to accomplish a legal act by unlawful means. The state's legal framework requires that at least one overt act towards the commission of the crime be taken by one of the conspirators to establish a conspiracy charge. This is in line with the general principle of conspiracy law, which aims to deter collaborative criminal activity and enable the prosecution of individuals involved in the planning stages of a crime, even if they do not participate in the execution of the crime itself. Under Rhode Island law, the penalties for criminal conspiracy vary depending on the nature of the crime that the conspirators intended to commit. The state statutes that govern criminal conspiracy can be found in the Rhode Island General Laws, specifically under Title 11, which deals with Criminal Offenses. Additionally, federal law under 18 U.S.C. § 371 also addresses criminal conspiracy, imposing fines and imprisonment for up to five years for conspiring to commit any offense against the United States or to defraud the United States or any agency thereof. Both state and federal laws are designed to combat the collaborative efforts of individuals to commit crimes and to hold accountable those who contribute to criminal endeavors through planning and agreement.