Definitions
Inchoate: Another term for incomplete or not fully finished.
Attempt
Beyond preparation but before perpetration.
Elements of Attempt
- Specific intent to commit the crime; and
- committed some act in furtherance of the crime; and
- the ability to commit the crime; and
- the crime must be specified.
Conspiracy
The combining of two or more suspects to accomplish an unlawful criminal purpose.
Elements of Conspiracy
- Agreement between 2 or more suspects; and
- a specific intent to the commit the end product crime; and
- Some act that brings the conspiracy to fruition.
Solicitation
Requesting someone else to commit a crime.
Elements of Solicitation
- A request, command, or hiring;
- To another person;
- To commit a crime with intent to commit that crime.
Source: LexisNexis Maryland Criminal Law, 2011-2012
Is the inchoate attempt a felony or misdemeanor
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