How many persons are needed to form a conspiracy under 18 U.S.C. 371?

• A. Two or more persons
• B. One person
• C. Three or more
• D. Any number greater than zero

Answer: (A)

Conspiracy under 18 U.S.C. 371 is built on the idea of an agreement between people to commit a crime against the United States. A lone individual cannot form a conspiracy with themselves; there must be at least two participants who knowingly join the plan. That minimum two-person requirement is what distinguishes conspiracy from other offenses like attempt or solicitation. Once there is that agreement, prosecutors often look for an overt act in furtherance of the conspiracy to show progress toward its goal, but the crucial starting point is the presence of two or more people agreeing to the unlawful plan. Therefore, the smallest number that can constitute a conspiracy is two; having three or more is possible but not necessary, and a single person cannot satisfy the conspiracy element.