Inchoate Offenses Flashcards
Solicitation
Elements:
(1) Asking someone to commit a crime; and
(2) with the intent that the crime be committed
Solicitation – Defenses
If legislative intent is to exempt solicitor.
Legal incapacity is NOT a defense
Conspiracy
Elements:
(1) an agreement;
(2) intent to agree;
(3) intent to achieve the objective of the agreement;
(4) overt act (most jurisdictions)
Liability Sphere with Conspiracy
Each conspirator is liable for all the crimes of other conspirators if foreseeable and in furtherance of the conspiracy
Conspiracy – Defenses
Withdrawal
General Rule: can only withdraw from liability of future crimes. (thus, cannot actually withdraw from the crime of conspiracy bc agmt with act completes conspiracy as a crime)
Model Penal Code: voluntary withdrawal is a defense if the D thwarts the conspiracy (e.g., informs police)
Conspiracy – Merger???
Conspiracy does NOT merge with the crime that is the objective of the conspiracy
Meaning that D can be convicted of both conspiracy and the substantive offense
Attempt
Elements:
(1) Specific Intent; and
(2) Overt Act, a substantial step in the direction of the commission of the crime.
Mere preparation is not enough to be an Overt Act
Attempt – Defenses
True Legal Impossibility
Factual Impossibility
NOT a defense to Attempt
Arises when D sets out to do an illegal act, but cannot complete the act due to some unknown reason
Legal Impossibility
IS a defense to Attempt
Arises when D sets out to do a legal act that D believes is illegal
Abandonment – common law
Generally is NOT a defense to Attempt after substantial steps have begun.
Abandonment – Model Penal Code
Recognizes abandonment as a defense to Attempt if:
1) fully voluntary; and
(2) complete (i.e., not a postponement due to unfavorable circumstances
