PL- Session 2- Anticipatory Offenses Flashcards
What are ANTICIPATORY OFFENSES?
ANTICIPATORY OFFENSES are referred to as INCOMPLETE or UNFINISHED offenses, where some OTHER offense is the prime objective.
Ex: I commit criminal solicitation when i solicit you to commit a robbery. Prime objective is the robbery
What are the four ANTICIPATORY OFFENSES?
- CRIMINAL SOLICITATION
- CONSPIRACY
- ATTEMPT
- CRIMINAL FACILITATION
ONLY CRIMINAL FACILITATION MAY BE CHARGED ALONG WITH THE OFFENSE
What is common to all four ANTICIPATORY OFFENSES?
- They do NOT apply to offenses that are not CRIMES
- The objective MUST be a CRIMINAL OBJECTIVE.
- All increase in degree as severity of criminal objective increases
NO VIOLATIONS OR TRAFFIC INFRACTION
What is the least serious form of Criminal Solicitation?
The least serious form is 5th Degree Criminal Solicitation, which occurs when you solicit another to commit a crime. It is only a Violation.
Which anticipatory offenses have age related enhancers
- Criminal Solicitation
- Conspiracy
- Criminal Facilitation
No age enhancers for attempt
All enhancers are person more than 18 engages person less than 16
What constitutes the various degrees of Criminal Solicitation?
- Criminal Solicitation 5th - solicit someone to commit a crime
- Criminal Solicitation 4th - solicit someone to commit a felony
- Criminal Solicitation 3rd - M.T. 18 solicit L.T. 16 to commit a felony
- Criminal Solicitation 2nd - solicit someone to commit a Class A felony
- Criminal Solicitation 1st - M.T. 18 solicit L.T. 16 to commit a Class A felony
Easy Rembering
* 5th- Crime
* 4th- Felony
* 2nd - Class A Felony
* Given degree bumped up 1 degree for same crime but M.T. 18 and L.T. 16
There is an exemption for solicitaiton SEC 100.20 where you are not guilty of solicitation when the activity solicited was necessarily incidental to the crimmission of the criminal solicited
Ex. youre not going to be guilty of solicitation for bribery when you need to solicit the conduct in order to bribe somebody (double dipping)
What constitutes the various degrees of Conspiracy?
- Conspiracy 6th - you agree with one or more persons to commit a **crime **
- Conspiracy 5th - you agree with one or more persons to commit a Felony - or - M.T. 18 and L.T. 16 conspire to commit a crime
- Conspiracy 4th - you agree with one or more persons to commit a **B or C Felony ** or Money Laundering 3rd- or - M.T. 18 and L.T. 16 conspire to commit a Felony
- Conspiracy 3rd - M.T. 18 and L.T. 16 conspire to commit B or C Felony
- Conspiracy 2nd - you agree with one or more persons to commit a **Class A Felony **
- Conspiracy 1st - M.T. 18 and L.T. 16 conspire to commit Class A Felony
Easy Rembering
* 6th- Crime
* 5th- Felony
* 4th - B or C Felony or Money Laundering
* 2nd - Class A Felony
* Given degree bumped up 1 degree for same crime but M.T. 18 and L.T. 16
What is required for a CONSPIRACY conviction?
An OVERT ACT is a MUST in order to CONVICT for any conspiracy.
- Talking and saying “We should go rob the Chase Bank” is not sufficent for a conspiracy conviction
- But if masks and gund etc are purchased those are overt acts in furtherance of the crime
Where can prosecution for Conspiracy take place?
- County where the conspiracy was intered into or any county where an overt act took place
NOTE: For a conspiracy entered into in one location for conduct in another must be a crime in both locations
HOWEVER: If an overt act takes place in the jurisdiction where the act would be a crime the individuals can then be prosecuted
Ex: Conspiracy in NJ (Not a crime here), Overt act in NY (Crime here), individuals can now be prosecuted in NY
What constitutes the various degrees of Attempts?
- Class A-I Felony when crime attempted is: Murder 1st, Agg Murder, CSCS 1st or CPCS 1st, Criminal use or POssession of Bio Weapon 1st
- Class A-II when crime attempted is: Class A-II Felony
- Class B Felony when crime attempted is: Class A-I felony not listed above
- For all others Attempt is one classification below ( D Felony for attempted C Felony etc)
- Lowest is B Misd for all: Class A, Class B or unspecified Misd
All Bribery Attempts are now same degree as completed acts:
* Bribery 1st - B Felony
* Bribery 2nd - C Felony
* Brobery 3rd - D Felony
- It is not a valid defense that the crime attempted was not possible due to other circumstances. All that matters is defendant believed attempt was possible
What is the CULPABLE MENTAL STATE (CMS) necessary for an ATTEMPT?
The necessary CMS for an ATTEMPT is INTENTIONAL.
What is CRIMINAL FACILITATION?
CRIMINAL FACILITATION occurs when someone believes it probable that their actions will lead another to commit a given offense.
Ex: Bad guy leaves a gas can and matches our believing it is probable another will arrive and commit arson
Only Anticipatory offfense where the CMS is belief that a result is probable, lower bar than the others which are intentional, however intentional is not wrong. Intentional more than satisfies this condition.
What constitutes the various degrees of Criminal Facilitation?
- Criminal Facilitation 4th - Facilitate a Felony but believed a crime was being facilitated -or- M.T. 18 facilitates a crime by someone L.T. 16
- Criminal Facilitation 3rd - M.T. 18 facilitates a Felony by someone L.T. 16 and a Felony is committed
- Criminal Facilitation 2nd - Facilitates a Class A Felony and that person committs that Class A Felony
- Criminal Facilitation 1st - M.T. 18 facilitates a Class A Felony by someone L.T. 16 and that person committs that Class A Felony
A person can not use as a defense to Criminal Facilitation that:
* Person being facilitated had some legal incapacity (insane, age etc)
* Person being facilitated was not prosecuted or was aquitted of underlying crime
What happens if you render aid with specific intent for a felony?
You are guilty of:
* The offense you aided (accessorial conduct)
and
* Criminal Facilitation.
It is the stance of experts that aiding this conduct always constitutes Criminal Facilitation and may or may not depending on circumstances also establish culpability for the completed offense as well
If the person whose offense was facilitated is not prosecuted for, not convicted of, or is acquitted of the underlying felony, can this be used as a defense to the charge of criminal facilitation?
No, because the defendants intent was still for the crime to be committed
The same applies if the person facilitated is found guilty because of some legal incapacity (under 16, insane etc)
