HRS 705

Question 1

What are the 3 categories of inchoate crimes

Answer 1

Criminal attempt
Criminal solicitation
Criminal conspiracy

Question 2

What is the state of mind requires for inchoate crimes

Answer 2

Intentionally

Question 3

Define section 705-500 criminal attempt

Answer 3

Intentionally engages in conduct which would constitute the crime of the attendant circumstances were as the person believes them to be

OR

intentionally engages in conduct under the circumstances as the person believes them to be, constitutes a substantial step in the course of conduct intended to culminate the persons commission of the crime

Question 4

Define 705-501 criminal attempt; attempting to aid another

Answer 4

A person who engages in conduct intended to aid another to commit a crime is guilty of an attempt to commit the crime

Question 5

What is the grading for criminal attempt

Answer 5

An attempt to commit a crime is an offense of the same class and grade as the most serious offense which is attempted

Question 6

What is criminal solicitation 705-510

Answer 6

The intent to promote or facilitate the commission of a crime by commanding, encouraging, or requesting another person to commit the crime

Question 7

What is the grading of criminal solicitation

705-512

Answer 7

Criminal solicitation is an offense one class or grade less then the offense solicitated (ex class A=B, B=C, C=misdemeanor)

HOWEVER solicitation to commit murder in any degree is a class A felony

Question 8

What is criminal conspiracy

705-520

Answer 8

With intent to promote or facilitate the commission of a crime agrees with 1 or more persons to engage in or solicit the conduct or result specified by the definitions of the offense

AND

he or another person with whom he conspired with commits an overt act in pursuance of the conspiracy

Question 9

A person is guilty of conspiracy as in 705-520 if he knows that…..

Answer 9

A person with whom he conspired to commit a crime has conspired with another person to commit the same crime is guilty of conspiring to commit a crime with such other person even if they don’t know the other persons identity

Question 10

What is the grading of criminal conspiracy

Answer 10

Murder in any degree is a class A felony

Class A felony is a class B felony

Conspiracy to commit a crime other then murder and Class A felonies is an offense of the same class and grade as the most serious offense

Question 11

In regards to criminal attempt what is an affirmative defense

Answer 11

If the person gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result

Question 12

In regards to criminal solicitation it is an affirmative defense of

Answer 12

If they first notified the person solicited of the defendants renunciation

Gave timely warning to law enforcement

Question 13

In regards to criminal conspiracy it is an affirmative defense if

Answer 13

If they gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct