Inchoate Crimes

Question 1

Solicitation

Elements (3)

Answer 1

1. Enticing, advising, requesting, or otherwise encouraging someone else;
2. To commit a crime;
3. With the intent the other person commits the crime

Withdrawal/renunciation is available as a defense if:

• Persuades/prevents the other party to not do crime
• Renunciation is voluntary

Question 2

Attempt

Elements (2)

Answer 2

1. Makes substantial step toward commision of crime
   
   • step in a course of conduct planned to culminate in commission of the crime and
   • Is strongly corroborative of D’s criminal intent
2. with specific intent to commit a crime

Examples of substantial steps: Lying in wait, enticing victim to contemplated place, reconnoitering place of crime; unlawful entry into structure; possession of materials with no other lawful purpose; soliciting innocent agent to engage in criminality

Question 3

Conspiracy

Elements (3)

Answer 3

1. Intentional agreement between two or more persons;
2. To commit an unlawful act or a lawful act by unlawful means; and
3. An overt act in furtherance of the unlawful act by any conspirator
   
   • ​​overt act not necessarily criminal; anything to effectuate criminal agreement can suffice.

PA recognizes “hub & spoke” conspiracies: each spoke can conspire with other spokes, even if no direct communication.

PA also recognizes Pinkerton Liability: D is liable for substantive crimes of co-conspirator when a) crime commited during conspiracy and b) in furtherance of conspiracy

Question 4

Possessing Instruments of Crime (PA)

Possible offending acts (3)

Answer 4

D posseses an instrumet of crime that is:

1. specially made for criminal use
2. specially adapted for criminal use; or
3. something needed for criminal purpose, and circumstances show not posses for a legal purpose (eg, baseball bat while running toward brawl)

Question 5

Accomplice Liability

Elements (3)

Answer 5

If individual:

1. Aids, abets, or encourages principal to commit a crime;
2. With the intent to assist the principal; and
3. With the intent for the principal to commit the crime

No need to show agreement to commit crime (a la conspiracy)

PA: DOES NOT include assistance in flight after crime committed, unless D intends to promote underlying crime from outset