Inchoate Offenses

Question 1

Attempt

Answer 1

1. Specific intent to commit the crime;
2. Overt act in furtherance of that intent.

Cannot be found guilty of attempted murder if no intent to kill.

Specific Intent + Overt Act

Question 2

Accomplice

Answer 2

• Accomplice has the specific intent that the principal commit the target offense; and
• Accomplice aids, counsels, commands, or encourages principal in the commission of a crime

1 person alone CAN be convicted.

Specific Intent + Aiding & Abetting.

Question 3

Accomplice Liability Exception: Members of a Class Protected by a Statute

Answer 3

Members of a class protected by a statute that has been violated, are EXEMPT from liability.

I.E.:
Minor solicits adult to buy alcohol, provides the funds, and the kid only gets busted and adult gets away. Defense is this exception.

Question 4

Conspiracy

Answer 4

1. An agreement between two or more persons;
2. An intent to enter into an agreement; and
3. An intent to achieve the objective of the agreement.

Question 5

Effective Withdrawal from Conspiracy

Answer 5

1. D take an affirmative act, notifying ALL co-conspirators of intent to withdrawal.
2. Notice must be TIMELY, so they have a chance to withdraw as well.

Common Law: Withdrawal defense for subsequent crimes committed by co-conspirators.

MPC: Withdrawal IS A DEFENSE to conspiracy.
* additional element to ATTEMPT or thwart the crime. (calling the police works).