Can conspiracy involve civil law violations like stealing HOA funds?

Full question:

Does a conspiracy refer only to federal offenses? Can one be involved in a conspiracy to breach civil law by stealing HOA funds?

Answer:

In California, conspiracy involves two or more people planning and working together to commit a crime or unlawful act. They must take some action toward completing the conspiracy, but it doesn't matter if the crime was actually committed. This includes conspiring to falsely accuse someone of a crime or to frame them.

Conspiracy can be charged under both state and federal laws. According to California law (Cal. Penal Code § 182), conspiracies can include:

  • Committing any crime.
  • Falsely indicting someone for a crime.
  • Falsely maintaining a lawsuit.
  • Cheating or defrauding someone of property through criminal means.
  • Committing acts that harm public health or morals.

Thus, if two or more people conspire to steal funds from a Homeowners Association (HOA), they could be charged with conspiracy under state law. The penalties for conspiracy vary based on the crime intended, but they can include imprisonment and fines.

All conspiracy cases can be prosecuted in the superior court of any county where an overt act related to the conspiracy occurs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, the rules for conspiracy require that two or more people agree to commit a crime or unlawful act. They must also take some overt action toward completing the conspiracy. The crime does not need to be successfully carried out for a conspiracy charge to apply. This includes various unlawful acts, such as theft or fraud. Conspiracy can be prosecuted under both state and federal law.