12.1-06 Criminal Attempt - Facilitation - Solicitation - Conspiracy
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<![CDATA[CHAPTER 12.1-06CRIMINAL ATTEMPT - FACILITATION - SOLICITATION - CONSPIRACY12.1-06-01. Criminal attempt.1.A person is guilty of criminal attempt if, acting with the kind of culpability otherwise<br>required for commission of a crime, he intentionally engages in conduct which, in<br>fact, constitutes a substantial step toward commission of the crime. A "substantial<br>step" is any conduct which is strongly corroborative of the firmness of the actor's<br>intent to complete the commission of the crime. Factual or legal impossibility of<br>committing the crime is not a defense, if the crime could have been committed had<br>the attendant circumstances been as the actor believed them to be.2.A person who engages in conduct intending to aid another to commit a crime is<br>guilty of criminal attempt if the conduct would establish his complicity under section<br>12.1-03-01 were the crime committed by the other person, even if the other is not<br>guilty of committing or attempting the crime, for example, because he has a defense<br>of justification or entrapment.3.Criminal attempt is an offense of the same class as the offense attempted, except<br>that (a) an attempt to commit a class AA felony is a class A felony and an attempt to<br>commit a class A felony is a class B felony; and (b) whenever it is established by a<br>preponderance of the evidence at sentencing that the conduct constituting the<br>attempt did not come dangerously close to commission of the crime, an attempt to<br>commit a class B felony shall be a class C felony and an attempt to commit a<br>class C felony shall be a class A misdemeanor.12.1-06-02. Criminal facilitation.1.A person is guilty of criminal facilitation if he knowingly provides substantial<br>assistance to a person intending to commit a felony and that person, in fact,<br>commits the crime contemplated, or a like or related felony, employing the<br>assistance so provided. The ready lawful availability from others of the goods or<br>services provided by a defendant is a factor to be considered in determining whether<br>or not his assistance was substantial. This section does not apply to a person who<br>is either expressly or by implication made not accountable by the statute defining the<br>felony facilitated or related statutes.2.Except as otherwise provided, it is no defense to a prosecution under this section<br>that the person whose conduct the defendant facilitated has been acquitted, has not<br>been prosecuted or convicted, has been convicted of a different offense, is immune<br>from prosecution, or is otherwise not subject to justice.3.Facilitation of a class A felony is a class C felony. Facilitation of a class B or class C<br>felony is a class A misdemeanor.12.1-06-03. Criminal solicitation.1.A person is guilty of criminal solicitation if he commands, induces, entreats, or<br>otherwise attempts to persuade another person to commit a particular felony,<br>whether as principal or accomplice, with intent to promote or facilitate the<br>commission of that felony, under circumstances strongly corroborative of that intent,<br>and if the person solicited commits an overt act in response to the solicitation.2.It is a defense to a prosecution under this section that, if the criminal object were<br>achieved, the defendant would be a victim of the offense, or the offense is so<br>defined that his conduct would be inevitably incident to its commission, or hePage No. 1otherwise would not be guilty under the statute defining the offense or as an<br>accomplice under section 12.1-03-01.3.It is no defense to a prosecution under this section that the person solicited could not<br>be guilty of the offense because of lack of responsibility or culpability, or other<br>incapacity or defense.4.Criminal solicitation is an offense of the class next below that of the offense solicited.12.1-06-04. Criminal conspiracy.1.A person commits conspiracy if he agrees with one or more persons to engage in or<br>cause conduct which, in fact, constitutes an offense or offenses, and any one or<br>more of such persons does an overt act to effect an objective of the conspiracy. The<br>agreement need not be explicit but may be implicit in the fact of collaboration or<br>existence of other circumstances.2.If a person knows or could expect that one with whom he agrees has agreed or will<br>agree with another to effect the same objective, he shall be deemed to have agreed<br>with the other, whether or not he knows the other's identity.3.A conspiracy shall be deemed to continue until its objectives are accomplished,<br>frustrated, or abandoned. "Objectives" includes escape from the scene of the crime,<br>distribution of booty, and measures, other than silence, for concealing the crime or<br>obstructing justice in relation to it. A conspiracy shall be deemed abandoned if no<br>overt act to effect its objectives has been committed by any conspirator during the<br>applicable period of limitations.4.It is no defense to a prosecution under this section that the person with whom such<br>person is alleged to have conspired has been acquitted, has not been prosecuted or<br>convicted, has been convicted of a different offense, is immune from prosecution, or<br>is otherwise not subject to justice.5.Accomplice liability for offenses committed in furtherance of the conspiracy is to be<br>determined as provided in section 12.1-03-01.6.Conspiracy is an offense of the same class as the crime which was the objective of<br>the conspiracy.12.1-06-05. General provisions.1.The definition of an offense in sections 12.1-06-01 to 12.1-06-04 does not apply to<br>another offense also defined in sections 12.1-06-01 to 12.1-06-04.2.Whenever "attempt" or "conspiracy" is made an offense outside this chapter, it<br>means attempt or conspiracy, as the case may be, as defined in this chapter.3.a.Other than as provided in subsection 4, in a prosecution under section<br>12.1-06-01, it is an affirmative defense that, under circumstances manifesting a<br>voluntary and complete renunciation of criminal intent, the defendant avoided<br>the commission of the crime attempted by abandoning any criminal effort and,<br>if mere abandonment was insufficient to accomplish such avoidance, by taking<br>further and affirmative steps which prevented the commission thereof.b.Other than as provided in subsection 4, in a prosecution under section<br>12.1-06-03 or 12.1-06-04, it is an affirmative defense that, under circumstances<br>manifesting a voluntary and complete renunciation of criminal intent, the<br>defendant prevented the commission of the crime solicited or of the crime or<br>crimes contemplated by the conspiracy.Page No. 2c.A renunciation is not "voluntary and complete" within the meaning of this<br>section if it is motivated in whole or in part by (1) a belief that a circumstance<br>exists which increases the probability of detection or apprehension of the<br>defendant or another participant in the criminal operation, or which makes more<br>difficult the consummation of the crime, or (2) a decision to postpone the<br>criminal conduct until another time or to substitute another victim, or another<br>but similar objective.4.An individual is immune from prosecution under this chapter if:a.The individual voluntarily and completely renounced the individual's criminal<br>intent;b.The individual is a student enrolled in an elementary school, middle school, or a<br>high school in this state or is enrolled at an institution of higher education in this<br>state;c.The offense would have resulted in:(1)Harm to another student enrolled in an elementary school, middle school,<br>or a high school in this state;(2)Harm to another student enrolled in an institution of higher education in<br>this state;(3)Harm to an employee of a school district or a nonpublic school in this<br>state;(4)Harm to an employee of an institution of higher education in this state; or(5)Damage to property of a school district in this state or property of an<br>institution of higher education in this state; andd.The renunciation was given to a law enforcement officer, to an administrator of<br>a school or school district in this state, or to an official of an institution of higher<br>education in this state before any harm to others or damage to property occurs.Page No. 3Document Outlinechapter 12.1-06 criminal attempt - facilitation - solicitation - conspiracy]]>