Inchoate Crimes Flashcards
Solicitation
Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or beach of the peace.
Solicitation FL
Commands, hires, encourages or requests another to commit or attempt to commit a crime.
all crimes
defense to voluntary renounce and persuade the other not to commit or to prevent give commission.
Attempt
1) intent to bring about a criminal result and
2) significant act in furtherance.
Legal impossibility
Defense to attempt when D did everything he intended to do but his acts where not a crime.
Conspiracy
- Agreement between two or more persons to commit a crime or to commit a lawful act by criminal means, and
- an overt act in furtherance.
must have intent to agree and intent to complete the agreement.
* does not merger with the crime- can be charged with both.
Conspiracy FL
Two or more person agree, conspire, or confederate to commit any offense.
Not need overt act.
defense to persuade others not to commit offense or to prevent commission.
Accomplice liability
D gave assistance or encouragement or fails to act when he has a duty to oppose the crime of another and purposely intends to aid the commission of a crime.
Liable for the acts that are reasonably foreseeable regarding what D intended to aid or abet.
Accessory before the fact
Aids and abets but is not present during the commission.
Accessory after the fact
- Completed felony
- D knew of commission of felony
- Personally gave aid to hinder apprehension, conviction, or punishment.
Accomplice FL
Accessory guilty same as the principal (except after the fact).