Chapter 34 - Inchoate Offenses

Chapter 34 - Inchoate Offenses

46.3401 Attempt-Guilty when.


(a) A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he does any act which is a substantial step towards the commission of the offense.

(b) A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

46.3402 Attempt-No defense to prosecution.


It is no defense to a prosecution under 46.3401 through 46.3404, that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission if the offense could have been committed had the attendant circumstances been as the actor believed them to be.

46.3403 Attempt-Affirmative defense.


(a) When the actor's conduct would otherwise constitute an attempt under 36.3401 through 46.3404, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise presented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of the defense does not, however, affect the liability of an accomplice who did not join in that abandonment or prevention. Renunciation of criminal purpose is not voluntary if it is motivated in whole or in part, by circumstances not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

(b) The defendant has the burden of injecting the issue of renunciation of criminal purpose under 46.3401.

46.3404 Attempt-Classification.


Unless otherwise provided, an attempt to commit an offense is a:

(1) class B felony if the offense attempted is a class A felony;

(2) class C felony if the offense attempted is a class B felony;

(3) class D felony if the offense attempted is a class C felony;

(4) class A misdemeanor if the offense attempted is a class D felony:

(5) class C misdemeanor if the offense attempted is a misdemeanor of any degree.

46.3405 Conspiracy-Guilty when.


(a) A person is guilty of conspiracy with another person or persons to commit an offense if, with the purpose of promoting or facilitating its commission, he agrees with the other person or persons that they or one or more of them will engage in conduct which constitutes the offense.

(b) No person may be convicted of conspiracy to commit an offense unless an overt act in pursuance of the conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.

46.3406 Conspiracy-With unidentified person.


If a person guilty of conspiracy knows that a person with whom he conspires to commit an offense has conspired with another person or persons to commit the same offense, he is guilty of conspiring with the other person or persons to commit that offense, whether or not he knows their identity.

46.3407 Conspiracy-Multiple offenses.


If a person conspires to commit a number of offenses, he is guilty of only 1 conspiracy so long as the multiple offenses are the object of the same agreement.

46.3408 Conspiracy-Prevention of accomplishment.


(a) Persons may not be convicted of conspiracy if, after conspiring to commit the offense, they prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of their criminal purpose.

(b) The defendant has the burden of injecting the issue of renunciation of criminal purpose under subsection (a).

46.3409 Conspiracy-Termination-Abandonment.


For the purpose of time limitations on prosecutions,

(a) Conspiracy is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.

(b) If an individual abandons the agreement, the conspiracy is terminated as to him only if he advises those with whom he has conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation in it.

46.3410 Conspiracy-Effect of commission of offense.


A person may not be charged, convicted, or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense.

46.3411 Conspiracy-Classification.


Unless otherwise provided, a conspiracy to commit an offense is a:

(1) class B felony if the object of the conspiracy is a class A felony;

(2) class C felony if the object of the conspiracy is a class B felony;

(3) class D felony if the object of the conspiracy is a class C felony;

(4) class A misdemeanor if the object of the conspiracy is a class D felony:

(5) class C misdemeanor if the object of the conspiracy is a misdemeanor of any degree.