Inchoate Offenses Flashcards
What are Inchoate Offenses?
Any person who attempts or conspires to commit any offense shall be subject to the same penalties as those who actually committed the offense
3 Types of Inchoate Offenses:
- Attempt
- Conspiracy
- Solicitation
- Attempt
Common Law: (1) Specific intent to commit an offense (2) with a substantial step to act carried beyond mere preparation (3) but falling short of execution.
- Conspiracy
(1) 2 or more people agreeing to commit a crime, (2) coupled with one or more overt acts in furtherance of the illegal purpose. (Some states do NOT require an overt act)
*The agreement can be expressed or implied through circumstantial evidence
*2 distinct charges are required.
- Solicitation
If D invites, requests, commands, or encourages another person to commit any offense involving breach of the peace, with the specific intent that the person solicited carry out the crime.
*MPC: This conduct is enough for an attempt
*Non-MPC: This conduct is preparatory in nature and thus not an attempt.
What are the 3 defenses to Inchoate offenses?
- Abandonment
- Impossibility (Factual and Legal)
- Withdrawal
- Abandonment
A. D intended to commit a crime but before the commission of ANY act that person voluntarily abandons the intent and makes no effort to accomplish it.
B. Total renunciation during the preparatory stages.
C. If a requisite act has been committed, whether D later wanted to abandon or delay the plan is irrelevant.
- Impossibility
Most Jurisdictions do not recognize this defense in Attempt cases
- Factual Impossibility:
- Actor was stopped from completing an intended offense because of an external factor that made it impossible to complete (NOT a recognized defense) - Legal Impossibility
- When the actor believes that he is committing an offense but his conduct is not criminal.
- Withdrawal
Requires an individual to take some affirmative action to defeat the conspiracy such as contacting the police.
