As seen on:
1610 Southern Blvd.
West Palm Beach, FL
Board Certified Criminal Trial Specialist
Inchoate offenses are crimes that seek or prepare to commit a crime. The three major inchoate crimes are:
Solicitation is the solicitation of another person to commit a felony. It is not necessary for the solicited person to agree to commit the felony. The elements of solicitation include:
· Urging; or
· Commanding another to commit a crime with the intent for the crime to be committed by the other person.
Conspiracy is an agreement to commit a crime between two or more persons. The elements of a conspiracy are:
· An agreement with two or more persons;
· Intent to enter into the agreement; and
· Intent to achieve the objective by at least tow persons
· Some states require an overt act, but not all states. Mere preparation is all some states require.
Attempt is an act that falls short of completing the crime, but is done with the intent to commit the crime. The elements of this crime include:
· Mental State of Intent – An attempt will always require specific intent to commit the crime.
· Overt Act – If the court follows the “proximity test,” the act must be “dangerously close” to successful completion of the crime. Most states follow the Model Penal Code and require the act consist of a “substantial step” toward the successful completion of the crime.