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Enticing, ecouraging, or advising of another to commit a crime with intent that the crime actually be committed.
Defense to solicitation
None at common law
In NY renunciation is defense if:
- voluntary and complete
- defendent successfully prevented the commission of the crime.
Agreement btwn two or more persons to accomplish unlawful purpose with intent to accomplish the purpose, plus the performance of an overt act in furtherance of the agreement.
SPECIFIC INTENT crime
NY allows for unilateral conspiracies if all co-conspirators are acquitted, ruled incompetent, or otherwise absolved.
Common law doesn't require this.
Defense against charge of conspiracy: withdrawal
Federal rule: withdrawal possible btwn date of agreement and the commission of the over act, requiring notice to co-conspirators or police
NY rule: defendant must prove a substantial effort to prevent the commission of the conspiratorial plan.
Specific intent to commit a crime + substantial step toward committing the crime.
- lying in wait
- unlawful entry
- enticing intended victim to go to planned place of crime
- possession of materials designed for committing the crime
Impossibility NOT a defense.
Abandonment NOT a defense
: solicitation and attempt merge into the crime, conspiracy does not.
: only attempt merges