Legal Definitions - concert-of-action rule

The concert-of-action rule, also known as Wharton's rule, is a legal doctrine that states that an agreement by two or more people to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved.

For example, if two people plan to commit a crime that requires two people to carry it out, such as a bank robbery, they cannot be charged with conspiracy. However, if a third person joins in to help with the robbery, then all three can be charged with conspiracy.

The rule is named after Francis Wharton, a criminal-law author who lived in the 19th century. It is used in criminal cases to determine whether an agreement between two or more people constitutes a conspiracy.

It is important to note that the rule only applies to offenses that require concerted criminal activity, meaning that multiple people must be involved in order for the crime to be committed. If the crime can be committed by a single person, then the rule does not apply.