Inchoate Offenses

Question 1

Attempt Elements (Generally)

Answer 1

1. Acting with the kind of culpability required for the commission of the crime attempted (specific intent to commit the target offense)
2. Engage in conduct that counts as a substantial step towards the commission of the crime, going beyond mere preparation
3. Fails to complete the criminal act due to an external factor

Question 2

Solicitation (MPC)

Answer 2

Solicitation for another party to carry out the crime does create an attempt

Question 3

Solicitation (Minority)

Answer 3

Soliciting another party to carry out the crime is mere preparation and does not qualify (might later be charged for conspiracy)

Question 4

Factual Impossibility

Answer 4

When D’s intended end constitutes a crime but fails to consummate it because of a fact that is unknown to them or beyond their control

Question 5

Legal Impossibility

Answer 5

Where the crime D believed they might have been committing is not actually prohibited by law

Question 6

Substantial Step (MPC)

Answer 6

Attempt is satisfied by a substantial step towards to conduct “if the attendant circumstances were as D believes them to be”

Question 7

Abandonment (Two Views)

Answer 7

1. Abandonment is irrelevant once the D has already engaged in the actus reus requirement of the crime–sufficient action alongside criminal intent
2. Abandonment is an affirmative defense even if D has completed the necessary requirements to be guilty of the attempt charge

Question 8

Abandonment requires . . .

Answer 8

Renunciation of all criminal enterprise and not just that particular moment