Inchoate Crimes

Question 1

Attempt

Answer 1

Intent to commit crime + overt act in furtherance (more than mere preparation)

MPC = overt act must be a substantial step in commission

Proximity Rule = overt act puts D dangerously close to success

Question 2

Abandon Attempt

Answer 2

Majority rule = one may not abandon an attempt

MPC = one can abandon attempt if it is voluntary and there is complete renunciation

Question 3

Conspiracy

Answer 3

agreement + intent to agree + intent to complete (no merger)

Common Law = it takes two, no overt act needed

MPC = only one needed

Majority requires overt act (including preparation) in furtherance

Question 4

Withdrawal from conspiracy

Answer 4

Must perform affirmative act with enough time for members to abandon plan.

CANNOT withdraw from liability of CONSPIRACY

CAN withdraw from liability of the CRIME

Question 5

Solicitation

Answer 5

1. Inciting, counseling, advising, inducing, urging or commanding
2. another to commit a crime
3. with specific intent the person commits that crime.

Asking is completion. It does not matter if other refuses.

If the other party agrees, it merges into conspiracy. If the party attempts it, it merges into attempt.

Question 6

Proximity Rule

Answer 6

Attempt traditional rule: dangerously close to success

Question 7

MPC Attempt

Answer 7

Requires substantial step in course of conduct