Chapter 9.02
GENERAL PROVISIONS

Sections:

9.02.010    City criminal jurisdiction.

9.02.020    Criminal attempt.

9.02.030    Criminal solicitation.

9.02.040    Criminal conspiracy.

9.02.050    Cost of prosecution.

9.02.010 City criminal jurisdiction.

The following persons are liable to punishment:

A. A person who commits in the city any crime, in whole or part;

B. A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property;

C. A person who, being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in the city;

D. A person who commits an act out of the city which affects persons or property within the city, which, if committed within the city, would be a crime. (Ord. A-91 § 1, 1991).

9.02.020 Criminal attempt.

A. A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he/she does any act which is a substantial step toward the commission of that crime.

B. If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.

C. An attempt to commit a crime is a:

1. Gross misdemeanor when the crime attempted is a Class C felony; or

2. Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor. (Ord. A-91 § 1, 1991).

9.02.030 Criminal solicitation.

A. A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he/she offers to give or gives money or other things of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed.

B. Criminal solicitation is a:

1. Gross misdemeanor when the crime solicited is a Class C felony;

2. Misdemeanor when the crime solicited is a gross misdemeanor or misdemeanor. (Ord. A-91 § 1, 1991).

9.02.040 Criminal conspiracy.

A. A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime may be performed, he/she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

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

1. Has not been prosecuted or convicted; or

2. Has been convicted of a different defense; or

3. Is not amendable to justice; or

4. Has been acquitted; or

5. Lacked the capacity to commit an offense.

C. Criminal conspiracy is a:

1. Gross misdemeanor when an object of the conspiratorial agreement is a Class C felony; or

2. Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor. (Ord. A-91 § 1, 1991).

9.02.050 Cost of prosecution.

Whenever anyone is convicted of an offense under any section of this title or any other title of this code, in addition to the fine imposed, he may be ordered to pay the costs of prosecution, or work out the payment in such terms as ordered by the court. (Ord. A-91 § 1, 1991).