Inchoate Offenses

Question 1

Attempt

Answer 1

When a person

1) had specific intent to commit a crime, AND
2) took an overt act sufficiently beyond mere preparation

most states & MPC = a “substantial step”

minority of states = proximate or dangerously proximate

Attempt merges with the underlying crime

Question 2

Attempt — abandonment/withdrawal defense

Answer 2

Most States→ NOT a defense once D has taken a substantial step toward the crime (conduct beyond mere preparation)

Minority States & MPC → Abandonment before the completion of the crime is an affirmative defense if:

1) D voluntary renounces his criminal purpose; AND
2) Completely abandons the effort to commit the crime or prevents its commission

Question 3

Conspiracy

Answer 3

a specific intent crime, and requires:

1) An express/implied agreement between two or more persons
2) Intent to enter into the agreement
3) Intent to pursue an unlawful objective

• common law = all parties need intent
• MPC & modern trend = only require one party’s intent

4) Commission of an overt act in furtherance of the unlawful objective (any act taken by a co- conspirator is sufficient)

Question 4

Conspirator is liable for conspiracy PLUS:

Answer 4

All foreseeable crimes committed by co-conspirators in furtherance of the unlawful objective

Question 5

Conspiracy — withdrawal defense

Answer 5

NOT a defense for conspiracy

IS a defense for crimes committed by co-conspirators AFTER the withdrawal

Question 6

Solicitation

Answer 6

1) D requests another person to commit a crime (or join in the commission of a crime)
2) With specific intent that the crime be committed; AND
3) The other person receives the request

— Merges with substantive crime

Question 7

Solicitation — renunciation defense

Answer 7

Affirmative defense if D:

1) voluntarily + completely renounces, AND
2) prevents the commission of the crime