Inchoate Crimes

Question 1

What are the inchoate offenses in Pennsylvania?

Answer 1

1. Criminal solicitation
2. Criminal conspiracy
3. Criminal attempt

Question 2

Can you be charged with more than one inchoate offense?

Answer 2

Not for the same underlying crime (e.g., can’t be convicted of attempted burglary and conspiracy burglary).

However, for different crimes, yes (e.g., attempted escape by a prisoner and conspiracy to help another prisoner escape).

Question 3

How does sentencing work for inchoate crimes?

Answer 3

It’s all based on the most serious of the underlying crimes that the defendant conspired/solicited/attempted.

The defendant may only be sentenced on one of the highest offense when crimes merge. (Can only be sentenced for burglarly OR attempted burglarly, but not both.)

Question 4

What defenses can be raised to solicitation?

Answer 4

Renunciation, if

1. after the solicitation
2. the defendant persuades the other from committing the crime OR
3. prevents the crime from occurring IF
4. either 2 or 3 acts as a complete and voluntary renunciation of the defendant’s criminal intent.

Question 5

What are the elements of conspiracy?

Answer 5

1. Acting with the intent of promoting or facilitating the commission of a crime and, in so doing,
   
   1. agreeing with another person that one or more of them will engage in conduct that constitutes the crime, or an attempt or solicitation to commit the crime; OR
   2. agreeing to aid another person in the planning or commission of the crime, or of an attempt or solicitation to commit the crime
2. and committing an overt act (or a co-conspirator commits an overt act, with or without the presence/knowledge of the first co-conspirator)

Question 6

Does Pennsylvania recognize “unilateral conspiracy”?

Answer 6

Yes. A defendant can be convicted of conspiracy when they are the only person who has the intent to agree.

Question 7

Can a defendant be guilty of conspiring with an unknown third party?

Answer 7

Yes, if the defendant knows that a co-conspirator has conspired with a third party to commit the same crime.

Question 8

May a defendant withdraw from a conspiracy?

Answer 8

Yes, even after conspiring, if they stop the success of the conspiracy after renouncing the conspiracy.

Question 9

What is required for attempt?

Answer 9

A substantial step must be taken, which is only conduct that tends to effect the commission of the crime (but NOT a step in mere preparation of the crime).

Question 10

Can you voluntarily abandon an attempt?

Answer 10

Yes. If doing so is insufficient to avoid the commission of a crime (such as when other people are involved), then the defendant must take additional affirmative steps to prevent its commission.

N.B.: Abandonment is not a viable defense if the abandonment is only because the defendant thinks they’re gonna get caught.