5.11 Conspirator's Liability for Substantive Crimes Committed by Co-Conspirators Where Conspiracy Charged — Elements is a legal doctrine that establishes a person's liability for criminal acts committed by their co-conspirators during the course of a conspiracy. In order to be held liable for the substantive crimes of their co-conspirators, the defendant must have: 1) entered into an agreement with at least one other person to commit a crime; 2) intended to facilitate the commission of the crime; and 3) taken some overt act in furtherance of the conspiracy. The doctrine of conspirator's liability applies even if the defendant did not personally take part in the substantive crime itself.