An unfinished crime that generally leads to another crime. Also, a crime that consists of actions that are steps toward another offense. Also called Anticipatory Offense.
1) Significant activity undertaken in futherance of some goal. 2) An act or omission that is a significant part of a series of acts or omissions, constituting a course of conduct planned to culminate in the commission of a crime. 3) An important or essential step toward the commission of a crime that is considered sufficient to constitute the crime of criminal attempt - Conduct that is strongly corroborative of the actor's criminal purpose. "Behavior of such a nature that a reasonable observer, viewing it in context, could conclude beyond a reasonable doubt that it was undertaken in accordance with a design to violate the statute."
An act or omission that may be part of a series of acts or omissions constituting a course of conduct planned to culminate in the commission of a crime but that fails to meet the requirements for a substantial step. Also, preparatory actions or steps taken toward the completion of a crime that are remote from the actual commission of the crime.
Last Act Test
In the crime of attempt, a test that asks whether the accused had taken the last step or act toward commission of the offense, had performed all that he or she intended and was able to do in an attempt to commit the crime, but for some reason did not complete the crime.
Physical Proximity Test
A test traditionally used under common law to determine whether a person was guilty of attempted criminal activity. Requires that the accused has it within his or her power to complete the crime almost immediately.
Dangerous Proximity Test
A test for assessing attempts, under which a person is guilty of an attempt when his or her conduct comes dangerously close to success.
Indispensable Element Test
The accused is not guilty of an attempt if he or she has yet to obtain control of a crucial feature of the crime.
An act does not become an attempt until it ceases to be uncertain.
Probable Desistance Test
The defendant's conduct constitutes an attempt if it has gone beyond the point where the defendant is likely to voluntarily stop short of completing the offense.
The voluntary and complete desertion of the intent and purpose to commit a criminal offense. It is a defense to a charge of attempted criminal activity. Also called Renunciation.
A defense to a charge of attempted criminal activity that claims the defendant could not have factually or legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so.
A agreement between two or more people to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not unlawful.
The logical and legal requirements that a conspiracy involve two or more parties.
A rule applicable to conspiracy cases that holds that, when the targeted crime by its very nature takes more than one person to commit, there can be no conspiracy when no more than the number of people required to commit the offense participate in it.
The encouraging, requesting, or commanding of another person to commit a crime.
Parties to Crime
All those who take part in the commission of a crime, including those who aid and abet and are therefore criminally liable for the offense.
Principal in the First Degree
A person whose acts directly resulted in the criminal misconduct in question; the person who actually committed the crime.
Principal in the Second Degree
A person who was present at the crime scene and who aided, abetted, counseled, or encouraged the principal.
Accessory Before the Fact
A person who aids and abets in preparation for crime commission, but who was not present at the crime scene.
Accessory After the Fact
A person who did not participate in a crime but who furnished postcrime assistance to keep the offender from being detected or from being arrested.
A lookout (person in the second degree) who stayed outside the building in which a crime was being committed. Common law only.
A person (principal in the second degree) who more directly assisted in the actual commission of the crime. Common law only.
One who knowingly gives assistance to a person who has committed a felony for the purpose of helping that individual avoid apprehension or detection; and is liable for separate lesser offenses following a crime.
A person who, with intent to promote or facilitate the commission of a crime, gives assistance or encouragement to the principal; and is liable as a principal before and during a crime.
Involvement in crime either as a principal or as an accomplice. The term also refers to the activities of conspirators and may therefore be taken to mean conduct that is intended to encourage or aid another person to commit a crime, to escape, or to avoid prosecution.
The degree of criminal blameworthiness of one who aides, abets, encourages, or assists another person in the commission of a crime.
Misprision of Felony
The failure to report a known crime; the concealment of a crime. Common law.
The criminal liability of one party for the criminal acts of another party.