Legal Definitions - Overt act

An overt act refers to a visible, concrete action taken by an individual or group that clearly demonstrates their intent to commit a crime. It is more than just thinking about a crime or discussing it; it is a physical step or manifestation that moves them closer to carrying out the unlawful act. This act does not necessarily have to be illegal on its own, but its purpose must be to advance the intended criminal enterprise.

Here are some examples to illustrate the concept of an overt act:

• Conspiracy to Commit Fraud: Imagine two individuals, Mark and Lisa, who are discussing a plan to defraud an insurance company by faking a car accident. Their discussions alone might not be enough to prove a conspiracy. However, if Mark then goes out and purchases a damaged car specifically for the purpose of staging the accident, and Lisa calls a body shop to get a quote for repairs on a car she doesn't own, these become overt acts.

  How it illustrates the term: Purchasing the damaged car and calling for a repair quote are concrete, visible actions that go beyond mere conversation. They are direct steps taken to implement their fraudulent scheme, thereby demonstrating their intent to commit the crime of insurance fraud.

• Attempted Arson: Consider a person, David, who is angry at his former business partner and decides to burn down their office building. He drives to a gas station, fills a container with gasoline, and then proceeds to the office building, where he begins to douse the exterior walls with the fuel.

  How it illustrates the term: While driving to the building with the intent might not be enough, purchasing the gasoline and, more significantly, actively pouring it onto the building's walls are clear, physical actions. These are overt acts that unequivocally show his intent to commit arson, even if he is apprehended before lighting a match.