The rule that prohibits the prosecution of two people as conspirators when it actually takes two people to commit the crime is the

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Wharton's rule, also known as the "conspiracy exception," states that an agreement between two people to commit a certain crime cannot be prosecuted as a conspiracy if the crime itself requires two or more people to commit it. This means that the crime must be one that cannot be committed by a single individual, such as bigamy or adultery.

The Rule That Prohibits the Prosecution of Two People as Conspirators