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Questions and Answers
What constitutes a criminal attempt?
An act with specific intent to commit an offense that goes beyond mere preparation but fails to effect the commission of the intended offense.
What is the classification of an offense under Section 15.01 of the Penal Code?
It is a defense to prosecution for criminal attempt that the offense attempted was actually committed.
False
What is required for a person to be convicted of criminal conspiracy?
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What does it mean if an agreement constitutes a conspiracy?
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One can be convicted of criminal conspiracy even if all coconspirators have been acquitted.
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What is the legal consequence if a person requests another to commit a capital felony or a felony of the first degree?
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What must happen for a conviction under criminal solicitation?
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It is a defense to prosecution under criminal solicitation that the person solicited is not criminally responsible.
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What is the classification for criminal solicitation if the solicited offense is a capital offense?
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Study Notes
Criminal Attempt
- A criminal attempt occurs when a person with specific intent to commit an offense carries out actions beyond mere preparation, which fail to complete the intended crime.
- If the attempted crime is aggravated, the attempt constitutes an effort to commit the aggravated offense if an aggravating element is present.
- The actual commission of the intended offense is not a defense against prosecution for criminal attempt.
- Charges for criminal attempt are one category lower than the attempted offense. If the attempted offense is a state jail felony, the charge is a Class A misdemeanor.
Criminal Conspiracy
- A person commits criminal conspiracy by agreeing with others to engage in conduct that would constitute a felony, along with performing an overt act in pursuance of that agreement.
- Inference of conspiracy can come from actions of the involved parties.
- Several conditions do not serve as defenses against conspiracy prosecution, including:
- Acquittal of some coconspirators or lack of criminal responsibility.
- The commission of the object offense by any coconspirator.
- Charges under this section are one category lower than the most serious felony planned in the conspiracy. If that felony is a state jail felony, the conspiracy is charged as a Class A misdemeanor.
Criminal Solicitation
- An offense occurs when a person, intending to commit a capital felony or first-degree felony, requests or attempts to induce another to engage in conduct constituting the felony.
- Conviction under solicitation requires corroborative evidence of both the solicitation and the soliciting person’s intent.
- Defenses against prosecution include the criminal responsibility of the solicited individual or their acquittal.
- Offense levels depend on the solicited crime: it is a first-degree felony if a capital offense is solicited and a second-degree felony if it involves a first-degree felony.
Criminal Solicitation of a Minor
- An offense arises when someone, intending to induce a minor to commit an offense specified in Article 42A.054(a), requests or commands them to engage in that conduct.
- The minor’s potential to become a party to the commission of such an offense also constitutes solicitation.
General Notes
- Offenses defined in this penal code chapter focus on preparatory actions, displaying intent and agreement in the commission of felonies.
- Various levels of responsibility, intent, and corroboration play crucial roles in determining legal consequences and classifications of offenses within this framework.
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Description
Test your understanding of Title 4 Inchoate Offenses, specifically focusing on Chapter 15 regarding Preparatory Offenses. This quiz covers the nuances of criminal attempts and their implications under the penal code. Challenge yourself and deepen your legal knowledge!