Inchoate Offenses

Question 1

What is a defense to solicitation?

Answer 1

Persuading the solicited person not to commit the crime or otherwise preventing its commission in such a manner as to manifest a complete and voluntary renunciation is a defense in Kansas.

Question 2

What does the crime of conspiracy require?

Answer 2

(1) an agreement with another person to commit or to assist in committing a crime, and
(2) an overt act in furtherance of the conspiracy committed by a co-conspirator

Question 3

What is a defense to conspiracy?

Answer 3

It is a defense that the ∆ voluntarily and in good faith withdrew from the conspiracy, and communicated the withdrawal to one or more of the accused’s co-conspirators before any overt act in furtherance of the conspiracy was committed by the accused or by a co-conspirator.

Question 4

Under attempt in Kansas, what is required for an overt act?

Answer 4

Kansas law requires merely an overt act going beyond mere preparation.