Inchoate Offenses

Question 1

Solicitation

Solicitation

Answer 1

Inciting, urging, or otherwise asking another to commit a crime with the intent that they commit the crime

• Merges with conspiracy if solicitee agrees
• MPC allows renunciation as a defense

Question 2

Conspiracy

Solicitation: Definition

Answer 2

An agreement between two or more people to commit a crime or unlawful objective

Question 3

Conspiracy

Conspiracy: Elements

Answer 3

1) An agreement between two or more people
2) Intent to enter into the agreement
3) Intent to commit the target crime or pursue the unlawful objective
4) An overt act in furtherance of the target crime* (not required in common law)

Question 4

Conspiracy

Conspiracy: Termination

Answer 4

Ends upon completion of the target crime

Question 5

Conspiracy

Conspiracy: Unilateral vs Bilateral

Answer 5

At common law, two or more people must have criminal intent BUT MPC allows for only one party

Question 6

Conspiracy

Conspiracy: Defenses

Answer 6

Withdrawal is generally not a defense to conspiracy but may be a defense to liability for co-conspirators’ subsequent crimes

Question 7

Conspiracy

Conspiracy: Co-conspirator liability

Answer 7

Each conspirator is liable for co-conspirators’ crimes that are foreseeable and committed in furtherance of the conspiracy

Question 8

Conspiracy

Conspiracy: Withdrawal under MPC

Answer 8

Must take affirmative act (notify co-conspirators of withdrawal),
Be timely (give enough time for others to abandon plans for target defense), and
Attempt to neutralize effect of any assistance provided to original conspiracy

Question 9

Attempt

Attempt: Definition

Answer 9

An act, done, with the specific intent to commit a crime, that constitutes an overt act or substantial step towards committing the crime but falls short of completing the crime (i.e. an incomplete act that would be a crime if completed)

Question 10

Attempt

Attempt: Overt act

Answer 10

D must commit an act beyond mere preparation (substantial step)

Question 11

Attempt

Attempt: Defense

Answer 11

Abandonment is not a defense (liability for attempt arises once D commits an overt act concurrently with the specific intent to commit a crime, so D is liable for attempt before he can abandon the crime)