Inchoate Offenses

Question 1

Attempt

Answer 1

Attempt requires intent to commit a crime plus a substantial step towards committing the crime. Beyond mere preparation is required.

Question 2

Attempt/Defenses

Answer 2

Legal impossibility and abandonment is a defense to attempt.

Question 3

Conspiracy

Answer 3

Conspiracy requires an agreement between two or more persons, intent to enter into the agreement plus an overt act towards achieving the objective of the agreement.

Question 4

Conspiracy/Defenses

Answer 4

Factual Impossibility and withdrawal is not a defense to conspiracy.

Question 5

Conspiracy/Withdrawal

Answer 5

Withdrawal is not a defense to the conspiracy charge, but it is a defense to subsequent crimes. To withdraw, must notify all co-conspirators and notice must be in time to allow the co-conspirators to abandon their plans. If material assistance was provided must attempt to neutralize the assistance.

Question 6

Conspiracy/Wharton Rule

Answer 6

The Wharton rule provides when two or more persons are necessary for the commission of a crime, there is no crime unless more persons than necessary participate in the crime.