Inchoate Offenses: Intent, Impossibility, Abandonment, and Merger

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What does “inchoate offense” mean?

It is an offense involving preparation for or seeking to commit another crime. The law may punish the conduct before the intended crime is completed.

What are the three main inchoate offenses?

Attempt, solicitation, and conspiracy. They concern taking steps toward a crime, urging another person to commit it, and agreeing with another to commit it, respectively.

What is mens rea?

Mens rea is the mental state required for an offense, such as intent or recklessness. The required mental state depends on the offense and the governing law.

What is the substantial-step approach to attempt?

Under the Model Penal Code approach, an attempt requires a substantial step in a course of conduct that strongly corroborates the defendant's criminal purpose.

What does merger generally mean for attempt and a completed crime?

When the same intended crime is completed, attempt generally merges into the principal offense, so a separate conviction for both is generally unavailable. Jurisdiction-specific rules apply.

Quiz questions

1. What is an inchoate offense?Answer: A preliminary offense involving steps toward another crime, even if that crime is not completed.
2. Which three offenses are identified as the main types of inchoate offenses?Answer: Attempt, solicitation, and conspiracy.
3. What must generally be shown for solicitation of murder when specific intent is required?Answer: The defendant intended that another person be killed.
4. Under merger rules described for inchoate offenses, which pairing may support convictions for both offenses in some jurisdictions?Answer: Conspiracy and the completed principal offense.
5. What does the dangerous-proximity approach assess when determining whether conduct amounts to an attempt?Answer: How close the conduct came to completing the intended crime.