Inchoate Offenses

Question 1

attempt

Answer 1

when a person
- had specific intent to commit a crime, AND
- took an overt act sufficiently beyond mere preparation:
1. Most states & MPC: a “substantial step”
2. minority of states: proximate or dangerously proximate

NOTE: attempt merges with the underlying crime

Question 2

abandonment/withdrawal defense to attempt

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 otherwise prevents its commission

Question 3

conspiracy

Answer 3

is 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 (CL = all parties, MPC & modern trend = only require one party’s intent), AND
4. commission of an overt act in furtherance of the unlawful objective (any act taken by a co-conspirator is sufficient)

NOTE: conspiracy does NOT merge (separate charge)

Question 4

conspirator liability

Answer 4

a conspirator is liable for the conspiracy PLUS all foreseeable crimes committed by co-conspirators in furtherance of the unlawful objective
- Withdrawal is NOT a defense for the conspiracy BUT is a defense for crimes committed by co-conspirators AFTER the withdrawal

Question 5

solicitation

Answer 5

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

NOTE: solicitation merges with the substantive crime

Question 6

renunciation of solicitation

Answer 6

is an affirmative defense if D
- voluntarily and completely renounces, AND
- prevents the commission of the crime