In a two-person conspiracy, does a valid withdrawal by one conspirator terminate the conspiracy?

In a two-person conspiracy, does a valid withdrawal by one conspirator terminate the conspiracy?

• A. True
• B. False
• C. Only if both withdraw
• D. Only if the remaining conspirator agrees

Answer: (A)

The key idea is that conspiracy liability depends on an ongoing mutual agreement to commit a crime. In a two-person conspiracy, that agreement exists only as long as both conspirators remain in it. If one conspirator validly withdraws and communicates that withdrawal to the other before the plan is carried out, the illicit agreement dissolves. With no remaining partner to continue the plan, the conspiracy ends. This termination applies to future crimes after withdrawal; the withdrawing person may still face liability for acts already done in furtherance of the conspiracy, but they are no longer part of a continuing conspiratorial agreement.

The key idea is that conspiracy liability depends on an ongoing mutual agreement to commit a crime. In a two-person conspiracy, that agreement exists only as long as both conspirators remain in it. If one conspirator validly withdraws and communicates that withdrawal to the other before the plan is carried out, the illicit agreement dissolves. With no remaining partner to continue the plan, the conspiracy ends. This termination applies to future crimes after withdrawal; the withdrawing person may still face liability for acts already done in furtherance of the conspiracy, but they are no longer part of a continuing conspiratorial agreement.