What does the Wharton Rule state about conspiracy?

• A. A conspiracy exists only if there is one more person than needed to commit the crime.
• B. A conspiracy exists only if there are two or more criminals involved, regardless of the crime.
• C. A conspiracy exists only when there is an agreement with at least one overt act.
• D. A conspiracy exists only if the crime is completed.

Answer: (A)

Wharton's Rule says a conspiracy to commit a crime exists only if there is an extra conspirator beyond those needed to commit the offense. In other words, if the underlying crime itself requires two or more people to carry it out, you don’t have a conspiracy unless a third person (or more) joins to form the conspiracy. If exactly the number required to commit the crime is involved, there isn’t a separate conspiracy charge.

So if two people are enough to commit the offense, their plan isn’t a conspiracy unless a third person joins. Conversely, if a crime can be committed by a single person, a conspiracy can still form between two or more people planning to commit it. This explains why the statement about needing one more person than required is the best articulation of Wharton’s Rule.