Which of the following statements about overt acts is correct?

• A. An overt act must be committed by a conspiracy member.
• B. An overt act may be committed by a person who is not a conspirator.
• C. An overt act must be illegal.
• D. An overt act can occur before the conspiracy begins.

Answer: (A)

An overt act is an action taken by someone who is part of the conspiracy that moves the plan toward its goal. It provides tangible evidence that the conspirators are actively pursuing the crime. Because the act must be carried out by a conspirator, it cannot be performed by a person who is not part of the conspiracy. The act itself does not have to be illegal; it can be a lawful step that furthers the plan. And overt acts typically occur after the agreement is formed, not before the conspiracy begins. So, the statement that an overt act must be committed by a conspiracy member best captures how overt acts function.