21 U.S.C. § 846 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

21usc846:846-conspiracy

object-offense & agreement & knowledge & intentional-joinder & !withdrawal-limitations

Judicial construction of conspires, not a statutory enumeration: agreement to commit an offense in this subchapter, knowledge of its unlawful objective, and intentional joining/participation are required. Participation means joining, not a separate overt act. Agreement must include at least two genuine conspirators; a government agent feigning agreement cannot alone supply the second party.

21usc846:846-attempt

object-offense & attempt-intent & substantial-step

Attempt separately requires intent to commit the identified object offense plus a substantial step strongly corroborating that intent. The conspiracy no-overt-act rule does not eliminate attempt's conduct requirement. Completion is unnecessary.

Constraints

Joining an actual common unlawful undertaking requires more than dealing solely with an informant or knowing other offenders

Leal applies the Tenth Circuit interdependence formulation: participants must advance a shared criminal objective. Separate agreements linked only through an informant were not one conspiracy. Other circuits express the common-objective rule through agreement/joinder; this constraint does not nationalize the Tenth Circuit's four-item instructions.

Law modes, protocols and effects

law

Law kind: substantive

element-effect

21usc846:withdrawal-limitations: bars-liability — Bars prosecution when timely raised and established; withdrawal alone does not undo a completed conspiracy.

Statute text with element anchors

Overlapping highlights link to the first element; the anchor key links every associated element. All offsets refer to unchanged source text.

§846. Attempt and conspiracy Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ( Pub. L. 91–513, title II, §406, Oct. 27, 1970, 84 Stat. 1265 ; Pub. L. 100–690, title VI, §6470(a), Nov. 18, 1988, 102 Stat. 4377 .)
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Element outline