5.12 CONSPIRATOR'S LIABILITY FOR SUBSTANTIVE CRIMES COMMITTED BY CO-CONSPIRATORS; CONSPIRACY NOT CHARGED IN THE INDICTMENT — ELEMENTS refers to the legal principle that a person who is part of a conspiracy may be held criminally liable for the criminal acts of their co-conspirators, even when the accused is not charged with conspiracy. This principle applies when the accused was aware of the criminal activities of their co-conspirators and had the intention to further the conspiracy's goals. In order for this principle to apply, the prosecution must prove that the accused was a member of the conspiracy, had knowledge of the criminal activities, and intended to further the conspiracy's goals. The types of substantive crimes that can be charged under this principle include fraud, theft, and drug-related offenses.