Offenses of General Applicability

DRAFT CSC, Title 12. Crimes and Punishment

CHAPTER 2

Offenses of General Applicability

§ 1051. Attempts.

§ 1052. Solicitation.

§ 1053. Conspiracy.

§ 1054. Penalties for attempt, solicitation, and conspiracy.

§ 1051. Attempts.

(1) A person commits the offense of an attempt to commit a crime if, with intent to commit an offense, he does an act which constitutes a substantial step in a course of conduct planned to culminate in the commission of that offense.

(2) It is an affirmative defense to a charge of attempt that the offense was not committed because the defendant desisted voluntarily and in good faith and abandoned his intention to commit the offense.

(3) Conduct shall not be considered a substantial step under this Section unless it is strongly corroborative of the defendant's criminal intent.

Source: CSL 6-66, § 201.

§ 1052. Solicitation.

(1) A person commits the offense of solicitation if, with intent to provide or facilitate the commission of an offense, he commands, encourages, or requests another person to engage in conduct, cause the result specified by the definition of the offense, or engage in conduct which would be sufficient to establish complicity in the specified conduct or result.

(2) It is immaterial under Subsection (1) of this Section that the defendant fails to communicate with the person he solicits if his conduct was designed to cause such communication.

(3) It is an affirmative defense to the prosecution for solicitation that the defendant, under circumstances showing a complete and voluntary renunciation of his criminal intent, made a reasonable effort to prevent the conduct or result solicited.

Source: CSL 6-66, § 202.

§ 1053. Conspiracy.

(1) A person commits the offense of conspiracy if, with intent to promote or facilitate the commission of an offense:

(a) he agrees with one or more persons that they, or one or more of them, will engage in or solicit the conduct or will cause or solicit the result specified by the definition of the offense; and

(b) he or another person with whom he conspired commits an overt act in pursuance of the conspiracy.

(2) If a person conspires to commit a number of offenses, he is guilty of only one conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.

(3) It is an affirmative defense that the defendant, under circumstances showing a complete and voluntary renunciation of his criminal intent, made a reasonable effort to prevent the conduct or result which is the object of the conspiracy.

Source: CSL 6-66, § 203.

§ 1054. Penalties for attempt, solicitation, and conspiracy.

A person convicted of attempt, solicitation, or conspiracy shall be punished by imprisonment for not more than one-half the maximum sentence which is provided for the most serious offense which was the object of the attempt, solicitation or conspiracy.

Source: CSL 6-66, § 204.

	DRAFT CSC, Title 12. Crimes and Punishment
	CHAPTER 2 Offenses of General Applicability § 1051. Attempts. § 1052. Solicitation. § 1053. Conspiracy. § 1054. Penalties for attempt, solicitation, and conspiracy. § 1051. Attempts. (1) A person commits the offense of an attempt to commit a crime if, with intent to commit an offense, he does an act which constitutes a substantial step in a course of conduct planned to culminate in the commission of that offense. (2) It is an affirmative defense to a charge of attempt that the offense was not committed because the defendant desisted voluntarily and in good faith and abandoned his intention to commit the offense. (3) Conduct shall not be considered a substantial step under this Section unless it is strongly corroborative of the defendant's criminal intent. Source: CSL 6-66, § 201. § 1052. Solicitation. (1) A person commits the offense of solicitation if, with intent to provide or facilitate the commission of an offense, he commands, encourages, or requests another person to engage in conduct, cause the result specified by the definition of the offense, or engage in conduct which would be sufficient to establish complicity in the specified conduct or result. (2) It is immaterial under Subsection (1) of this Section that the defendant fails to communicate with the person he solicits if his conduct was designed to cause such communication. (3) It is an affirmative defense to the prosecution for solicitation that the defendant, under circumstances showing a complete and voluntary renunciation of his criminal intent, made a reasonable effort to prevent the conduct or result solicited. Source: CSL 6-66, § 202. § 1053. Conspiracy. (1) A person commits the offense of conspiracy if, with intent to promote or facilitate the commission of an offense: (a) he agrees with one or more persons that they, or one or more of them, will engage in or solicit the conduct or will cause or solicit the result specified by the definition of the offense; and (b) he or another person with whom he conspired commits an overt act in pursuance of the conspiracy. (2) If a person conspires to commit a number of offenses, he is guilty of only one conspiracy if the multiple offenses are the object of the same agreement or continuous conspiratorial relationship. (3) It is an affirmative defense that the defendant, under circumstances showing a complete and voluntary renunciation of his criminal intent, made a reasonable effort to prevent the conduct or result which is the object of the conspiracy. Source: CSL 6-66, § 203. § 1054. Penalties for attempt, solicitation, and conspiracy. A person convicted of attempt, solicitation, or conspiracy shall be punished by imprisonment for not more than one-half the maximum sentence which is provided for the most serious offense which was the object of the attempt, solicitation or conspiracy. Source: CSL 6-66, § 204.