Inchoate Crimes (Specific-Intent Crimes)

Solicitation - First-degree (felony)

• Class E (generally)—intending another person commit Class A felony

• Class C—(1) solicitor is 18+ and other person is not or (2) solicitor is 3+ years older than other who is not yet 15 when crime occurs

Solicitation - Second degree (felony)

• Class F (generally)—intending another to commit a lesser felony than Class A

• Class D—if age conditions for Class C first-degree solicitation exist

Solicitation - Third-degree (misdemeanor generally)

—intending another to commit misdemeanor

Renunciation defense

—solicitor prevents crime in circumstances manifesting voluntary and complete renunciation of criminal purpose

Conspiracy

Definition—intending to promote or facilitate crime, defendant agrees:

• With another that one of them will commit crime or

• To aid another in committing a crime and an overt act in furtherance of the conspiracy is committed

Degrees of conspiracy

• First-degree—conspirator acts intending to promote/facilitate Class A felony

• Second-degree—conspirator acts intending to promote/facilitate a lesser felony than Class A

• Third-degree—conspirator acts intending to promote/facilitate misdemeanor

Unilateral approach

—focus is on individual defendant and defendant’s agreement to conspiracy’s objective

Overt act—prosecution must prove beyond reasonable doubt:

• Commission of overt act by conspirator or

• Defendant’s agreement with another that at least one of them attempt/commit a felony

Withdrawal defense

—conspirator prevents crime in circumstances manifesting voluntary and complete renunciation of criminal purpose

Attempt

Rule—defendant intentionally:

• Engages in conduct constituting the crime if circumstances were as person believe them to be or

• Does/omits anything that is a substantial step in course of conduct planned to culminate in crime

2. Substantial step—more than mere preparation; must be in furtherance of crime and leave no reasonable doubt as to defendant’s intention to commit attempted crime

Attempt - Abandonment Defense

—recognized in Delaware; if abandonment insufficient, further affirmative steps must be taken to prevent commission of attempted crime