The Statutory Standard: Criminal Attempts

Wyoming Statutes Annotated Section 6-1-301(a)(i). Attempt . . .

A person is guilty of an attempt to commit a crime if:

(i)  With the intent to commit the crime, he does any act which is a substantial step towards commission of the crime. A “substantial step” is conduct which is strongly corroborative of the firmness of the person’s intention to complete the commission of the crime; or. . . .
 

The Statutory Standard: Attempts and Intent

Consider the broad approach to a criminal intent in Iowa.

Iowa Code Section 707.11. Attempt to Commit Murder

A person commits a . . . felony when, with the intent to cause the death of another person . . . the person does any act by which the person expects to set in motion a force or chain of events which will cause or result in the death of the other person. . . .

 

The Statutory Standard: Renunciation of Attempt

Compare the rule on abandonment with the Arizona statute that requires notification to the police.

13-1005. Renunciation of Attempt. . . .

(1) In a prosecution for attempt . . . it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result which is the object of the attempt. . . .

(2) A renunciation is not voluntary and complete . . . if it is motivated in whole or in part by:

(a)      A belief that circumstances exist which increase the probability of immediate detection or apprehension of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or

(b)     A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim, place or another but similar objective.

(3) A warning to law enforcement authorities is not timely . . . unless the authorities, reasonably acting upon the warning, would have the opportunity to prevent the conduct or result. An effort is not reasonable within the meaning of this section unless the defendant makes a substantial effort to prevent the conduct or result.

 

The Statutory Standard: Conspiracy

The Iowa conspiracy statute is fairly representative of state statutes.

Iowa Code Section 706.1. Conspiracy

A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following:

Agrees with another that they or one or more of them will engage in conduct constituting the crime of an attempt or solicitation to commit the crime.

Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.

It is not necessary for the conspirator to know the identity of each and every conspirator.

A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.

A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.

The Illinois conspiracy statute has an interesting provision regarding co-conspirators that reflects the unilateral approach to criminal agreements:

Illinois Laws Section 720 5/8-2. Solicitation, Conspiracy, and Attempt

(1) . . .

(2) Co-conspirators.

It shall not be a defense to conspiracy that the person or person with whom the accused is alleged to have conspired:

(1) Has not been prosecuted or convicted, or

(2) Has been convicted of a different offense, or

(3) Is not amenable to justice, or

(4) Has been acquitted, or

(5) Lacked the capacity to commit an offense. . . .

 

The Statutory Standard: Solicitation

Examine the North Dakota statute on solicitation. Pay special attention to the crimes covered in the statute, the corroboration requirement, the provision for an overt act, and the punishment of solicitation.

North Dakota Century Code 12.1-06-03.

1. A person is guilty of criminal solicitation if he commands, induces, entreats, or otherwise attempts to persuade another person to commit a particular felony, whether as principle or accomplice, with intent to promote or facilitate the commission of that felony, under circumstances strongly corroborative of that intent, and if the person solicited commits an overt act in response to the solicitation. . . .

2. It is no defense to a prosecution under this section that the person solicited could not be guilty of the offense because of lack of responsibility or culpability, or other incapacity or defense.

3. Criminal solicitation is an offense of the class directly below that of the offense solicited.