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 Tennessee, criminal conspiracy is defined under Tennessee Code Annotated (T.C.A.) § 39-12-103. A criminal conspiracy occurs when two or more people agree to commit a crime and at least one of them performs an overt act in furtherance of the agreement. The intent to commit the specific crime is a necessary element of the conspiracy. The punishment for conspiracy in Tennessee is generally one classification lower than the most serious offense that is the object of the conspiracy. For example, if the intended crime is a Class B felony, the conspiracy to commit that crime would be a Class C felony. This aligns with the dual purposes of conspiracy laws: to disrupt the collaborative efforts to commit crimes and to allow for the prosecution of individuals involved in the planning stages of criminal activities. At the federal level, as per 18 U.S.C. § 371, a conspiracy to commit any offense against the United States or to defraud the United States carries a penalty of fines and imprisonment for up to five years. Both state and federal laws reflect the seriousness with which the legal system treats the collaborative planning of criminal activities, even if the planned crime is not completed.