MPC Inchoate Offenses

Question 1

MPC Attempt

Answer 1

1) Definition of Attempt.A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
(a) purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or
(b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or
(c) purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 2

MPC Attempt Test

Answer 2

5.01(1)(c) A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he…purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime

Question 3

MPC Attempt Explanation

Answer 3

MPC 5.01(2): Conduct shall not be held to constitute a substantial step under Subsection (1)(c) of this Section unless it is strongly corroborative of the actor’s criminal purpose.
-Evaluate actor’s conduct in light of all the circumstances (“strongly corroborative”)
Without negativing the sufficiency of other conduct, the following, if strongly corroborative of the actor’s criminal purpose, shall not be held insufficient as a matter of law:
(a) lying in wait, searching for or following the contemplated victim of the crime;
(b) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;
(c) reconnoitering the place contemplated for the commission of the crime;
(d) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;
(e) possession of materials to be employed in the commission of the crime, that are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances;
(f) possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances;
(g) soliciting an innocent agent to engage in conduct constituting an element of the crime.

Question 4

MPC Impossibility

Answer 4

Defense to attempt

Question 5

MPC Attempt Analysis

Answer 5

Is it a complete or incomplete attempt?
Complete: Is it a “result” or “conduct” offense?
Conduct: Use 1(a)
Result: Use 1(b)
Incomplete: Use 1(c), but read in connection with MPC 5.01(2), which provides more information about the “substantial step”

Question 6

MPC Abandonment

Answer 6

5.01 (4) Renunciation of Criminal Purpose.When the actor’s conduct would otherwise constitute an attempt under Subsection (1)(b) or (1)(c) of this Section, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention. Within the meaning of this Article, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor’s course of conduct, that increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

Question 7

MPC renunciation of criminal purpose explanation

Answer 7

MPC provides an affirmative defense of abandonment that even if the actor has crossed the line of attempt if the actor:
Abandoned his effort to commit the crime OR otherwise prevented its commission
Under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
Not Voluntary: Motivated in whole or in part by circumstances not present or apparent at the inception of the course of conduct that increase the probability of detection or apprehension, or make it more difficult.
Not complete renunciation: motivated by a decision to postpone criminal conduct until a more advantageous time or transfer the effort to another, but similar, objective or victim.
NOTE: The defense will not extend to accomplices who did not follow the MPC’s “abandonment” defense.

Question 8

MPC Solicitation

Answer 8

1) A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct that would constitute such crime OR an attempt to commit such crime OR which would establish his complicity in its commission or attempted commission.
2) Uncommunicated Solicitation.It is immaterial under Subsection (1) of this Section that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communication.

Question 9

MPC Conspiracy

Answer 9

(1)Definition of Conspiracy.A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
(a) agrees with such other person or persons that they or one or more of them will engage in conduct that constitutes such crime or an attempt or solicitation to commit such crime; or
(b) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
Four types of agreement in conspiracy: Agree to: (1) engage in the conduct, (2) attempt, (3) solicitation, (4) aid another.
Object of the conspiracy must be a criminal offense.
Overt Act: MPC 5.03(5): No person may be convicted of conspiracy to commit a crime other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.
Required for conspiracy to commit misdemeanor or felony of the third degree.
First & second degree felonies do not require an overt act.