C: Inchoate Crimes & Parties

SOLICITATION

1. Definition

2. Merger

3. Renunciation

1. (i) requesting another person to commit a crime (or join in the commission of a crime)
   (ii) specific intent that the crime be committed
   (iii) other person receives the request

2. Solicitation merges with the substantive crime.

3. (i) D voluntarily and completely renounces
   (ii) D prevents the commission of the crime

ATTEMPT

1. Definition

2. Merger

3. Withdrawal

1. (i) specific intent to commit a crime
   (ii) overt act toward commission of the crime

2. Attempt merges with the underlying crime.

3. In a majority of jxns, withdrawal is not a defense. In a majority of jxns (and under the MPC), the defense applies if…
   (i) withdrawal was done voluntarily
   (ii) complete abandonment of effort to commit the crime OR preventing its commission

CONSPIRACY

1. Definition

2. Liability

3. Withdrawal

1. (i) agreement b/w 2+ persons
   (ii) intent to enter into the agreement
   (iii) intent to pursue an unlawful objective
   (iv) overt act in furtherance of the objective

2. (i) conspiracy
   (ii) all foreseeable crimes committed by co-conspirators in furtherance of the unlawful objective UNLESS protected by statute

3. NOT a defense to the conspiracy, BUT a defense to crimes committed by co-conspirators after the withdrawal

PRINCIPAL

a person whose acts or omissions form the actus reus of a crime

ACCOMPLICE

1. Definition

2. Liability

3. Withdrawal

1. a person who…
   (i) aids, abets, or facilitates the commission of a crime
   (ii) intent to assist the principal
   (iii) intent that the crime be committed

2. (i) the crime committed by the principal UNLESS protected by statute
   (ii) any crime that’s a foreseeable consequence of the accomplice’s conduct

3. (i) withdrawal is done before the crime becomes unstoppable
   (ii) repudiation of prior aid
   (iii) neutralization of (i.e. counteracting) any assistance