When is a conspiracy considered complete in Massachusetts law?

In Massachusetts law, a conspiracy is considered complete at the time that one of the defendants makes the first overt act in furtherance of the conspiracy. This means that the act signifies that the conspirators have taken a concrete step towards carrying out the agreement. The overt act can be any action that demonstrates the intent to fulfill the objectives of the conspiracy, even if the ultimate goal of the conspiratorial agreement has not yet been achieved.

The rationale behind this definition is that simply making an agreement does not constitute a criminal conspiracy unless there is evidence of action taken to advance the conspiracy's objectives. This approach focuses on the transition from mere agreement to actual planning and execution, marking the moment when the conspiracy moves from a theoretical concept into an actionable plan.

In this context, the other options do not align with the legal framework governing conspiracy in Massachusetts. An agreement alone does not finalize a conspiracy without any subsequent acts. Apprehension of all conspirators indicates law enforcement's intervention but does not determine the completion of the conspiracy itself. Withdrawal by a defendant can have implications for liability, but it does not retroactively negate the existence of the conspiracy once an overt act has been committed. Therefore, the most accurate representation of when a conspiracy is complete under Massachusetts law is marked