Chapter 3.10
INCHOATE OFFENSES
Sections:
3.10.010 Conspiracy.
(1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of the offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement has been committed by the person or by a co-conspirator.
(2)(a) “Act in furtherance” is any course of conduct which makes it more probable than not that an act towards the commission of an offense will occur and the person’s present conduct is not terminated.
(b) Proof of an “act in furtherance” may be drawn from the circumstances surrounding the involved parties’ actions and does not require direct proof of an agreement.
(3) It shall not be a defense to conspiracy that the person or persons with whom the accused has conspired:
(a) Has not been prosecuted or convicted;
(b) Has been convicted of a different offense;
(c) Is not amenable to justice;
(d) Has been acquitted; or
(e) Lacked the capacity to commit the offense.
(4) A person convicted of conspiracy shall be punished not to exceed the maximum sentence provided for the offense which is the object of the conspiracy. [Ord. 49 § 6.4.1, 1-8-2010 (Res. 2010-10)].
3.10.020 Solicitation.
(1) A person commits the offense of solicitation when, with the purpose that an offense be committed, he commands, encourages, or facilitates the commission of that offense.
(2) A person convicted of solicitation shall be punished not to exceed the maximum provided for the offense solicited. [Ord. 49 § 6.4.2, 1-8-2010 (Res. 2010-10)].
3.10.030 Attempt.
(1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act towards the commission of such offense.
(2) It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
(3) A person convicted of attempt shall be punished not to exceed the maximum sentence provided for the offense attempted.
(4) A person shall not be liable under this section if, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the person avoided the commission of the offense attempted by abandoning the criminal effort.
(5) Proof of the completed offense does not bar conviction for the attempt. [Ord. 49 § 6.4.3, 1-8-2010 (Res. 2010-10)].