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 South Carolina, criminal conspiracy is recognized as an agreement between two or more persons to commit a crime, followed by an overt act towards the commission of that crime. The state's law on conspiracy aligns with the general principles of criminal conspiracy laws across the United States, aiming to deter and punish the collaborative efforts to commit criminal acts. Under South Carolina law, specifically S.C. Code Ann. § 16-17-410, a person who conspires to commit a crime and commits any overt act towards the fulfillment of that conspiracy is guilty of a felony and, upon conviction, may face penalties that vary depending on the underlying crime planned. This statute complements federal law, such as 18 U.S.C. § 371, which similarly criminalizes conspiracies to commit offenses against the United States or to defraud the United States, with potential fines and imprisonment for up to five years. Both state and federal laws recognize the seriousness of criminal conspiracies and provide mechanisms for prosecutors to charge individuals involved in the planning stages of criminal activities, even if they do not participate in the execution of the crime itself.