Incohate Offenses

Question 1

Solicitation

Answer 1

Encouraging, inviting, or asking another person to commit a crime with the intent that the crime be committed.

Question 2

Defense to Solicitation

Answer 2

Legislative intent

Question 3

Conspiracy

Answer 3

1. An agreement
2. Intent to enter into an agreement
3. Intent to commit a crime
4. Overt act (step towards committing)

Question 4

Defense to Conspiracy

Answer 4

Withdrawal: Only in MPC states. Must match part in conspiracy.

Question 5

Attempt

Answer 5

1. Specific intent
2. Overt act (dangerously close to committing crime, not just prep)

Question 6

Defenses to Attempt

Answer 6

Ttrue mistake of law, abandonment (MPC only and must voluntarily and completely abandon)

Question 7

Does Solicitation merge?

Answer 7

Yes, if crime committed, the solicitation charge with merge with the crime.

Question 8

Hub and Spoke

Answer 8

Agreements for conspiracy have 1 common member, but sub agreements are reasonably independent

Question 9

Chain Conspiracy

Answer 9

Series of agreements that are all part of one’s scheme with all parties interested

Question 10

Wharton Rule

Answer 10

There is no crime of conspiracy unless more parties participate in the agreement than necessary for the crime.

Question 11

What crime will merge as a lesser included crime of robbery?

Answer 11

Larceny