Which of the following is NOT an element of conspiracy?

In conspiracy law, one of the foundational elements is that there must be a shared intent among the conspirators to commit a crime. This means that at least two individuals must agree to engage in criminal conduct. The notion that the defendant did not intend for the offense to be committed contradicts the essence of conspiracy, which revolves around the collaborative planning and intent to actualize a criminal act.

In a conspiracy, the agreement to commit a crime itself is a significant factor, and the intention to achieve that crime must exist from the beginning. While it is true that the actual commission of the crime may not be necessary for the conspiracy charge to hold (as the conspiracy can be charged regardless of whether the crime is completed), the conspirators must nonetheless have an intention to carry out the act.

Thus, asserting that a defendant has no intention for the offense to occur directly opposes the requirement that there exists a mutual and premeditated plan to engage in a criminal activity. This underscores the importance of intent and agreement in the construct of conspiracy law, making it clear that the correct answer reflects a fundamental misunderstanding of what constitutes a conspiracy.