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- Jun 26, 2015
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An overt act is simply "an act that is in furtherance of a crime". There is not a specific penal code that defines an overt act, it is simply a thing that exists in the framework of common law.and the penal code it breaks?
BTW - Wiki is really a poor choice - try actual legal references.
Wikipedia has citations - You can click on them and follow them to the bottom of the page. noticed however you didn't ask about the first reference, so I just want to understand if you accept it or not.
Here's one of the citations, a writeup from Cornell Law:
conspiracy
Conspiracy is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. Most U.S. jurisdictions also require an overt act toward furthering the agreement. An overt act is a statutory requirement, not a constitutional one. See Whitfield v. United States, 453 U.S. 209 (2005). The illegal act is the conspiracy's "target offense.”
Conspiracy generally carries a penalty on its own. In addition, conspiracies allow for derivative liability where conspirators can also be punished for the illegal acts carried out by other members, even if they were not directly involved. Thus, where one or more members of the conspiracy committed illegal acts to further the conspiracy's goals, all members of the conspiracy may be held accountable for those acts.
Where no one has actually committed a criminal act, the punishment varies. Some conspiracy statutes assign the same punishment for conspiracy as for the target offense. Others impose lesser penalties.
Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.
For Georgia specifically:
2020 Georgia Code :: Title 16 - Crimes and Offenses :: Chapter 4 - Criminal Attempt, Conspiracy, and Solicitation :: § 16-4-8. Conspiracy to Commit a Crime
Universal Citation: GA Code § 16-4-8 (2020)
A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.
And for our crowbars from the same source:
Possession of burglary tools.
- Possessing tools for the commission of a crime, itself a violation of O.C.G.A. § 16-7-20(a), is an overt act upon which an armed robbery conspiracy conviction may be based. Fuller v. State, 165 Ga. App. 55, 299 S.E.2d 397 (1983).
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