CHAPTER 15. PREPARATORY OFFENSES
PENAL CODE
TITLE 4. INCHOATE OFFENSES
CHAPTER 15. PREPARATORY OFFENSES
Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense
if, with specific intent to commit an offense, he does an act
amounting to more than mere preparation that tends but fails to
effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his
conduct constitutes an attempt to commit the aggravated offense
if an element that aggravates the offense accompanies the
attempt.
(c) It is no defense to prosecution for criminal attempt that
the offense attempted was actually committed.
(d) An offense under this section is one category lower than the
offense attempted, and if the offense attempted is a state jail
felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal
conspiracy if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more
of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance
of the agreement.
(b) An agreement constituting a conspiracy may be inferred from
acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy
that:
(1) one or more of the coconspirators is not criminally
responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so
long as two or more coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or
convicted, has been convicted of a different offense, or is
immune from prosecution;
(4) the actor belongs to a class of persons that by definition
of the object offense is legally incapable of committing the
object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than the
most serious felony that is the object of the conspiracy, and if
the most serious felony that is the object of the conspiracy is a
state jail felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
offense if, with intent that a capital felony or felony of the
first degree be committed, he requests, commands, or attempts to
induce another to engage in specific conduct that, under the
circumstances surrounding his conduct as the actor believes them
to be, would constitute the felony or make the other a party to
its commission.
(b) A person may not be convicted under this section on the
uncorroborated testimony of the person allegedly solicited and
unless the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's
intent that the other person act on the solicitation.
(c) It is no defense to prosecution under this section that:
(1) the person solicited is not criminally responsible for the
felony solicited;
(2) the person solicited has been acquitted, has not been
prosecuted or convicted, has been convicted of a different
offense or of a different type or class of offense, or is immune
from prosecution;
(3) the actor belongs to a class of persons that by definition
of the felony solicited is legally incapable of committing the
offense in an individual capacity; or
(4) the felony solicited was actually committed.
(d) An offense under this section is:
(1) a felony of the first degree if the offense solicited is a
capital offense; or
(2) a felony of the second degree if the offense solicited is a
felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994.
Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person
commits an offense if, with intent that an offense listed by
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
committed, the person requests, commands, or attempts to induce a
minor to engage in specific conduct that, under the circumstances
surrounding the actor's conduct as the actor believes them to be,
would constitute an offense listed by Section 3g(a)(1), Article
42.12, or make the minor a party to the commission of an offense
listed by Section 3g(a)(1), Article 42.12.
(b) A person commits an offense if, with intent that an offense
under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be
committed, the person by any means requests, commands, or
attempts to induce a minor or another whom the person believes to
be a minor to engage in specific conduct that, under the
circumstances surrounding the actor's conduct as the actor
believes them to be, would constitute an offense under one of
those sections or would make the minor or other believed by the
person to be a minor a party to the commission of an offense
under one of those sections.
(c) A person may not be convicted under this section on the
uncorroborated testimony of the minor allegedly solicited unless
the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's
intent that the minor act on the solicitation.
(d) It is no defense to prosecution under this section that:
(1) the minor solicited is not criminally responsible for the
offense solicited;
(2) the minor solicited has been acquitted, has not been
prosecuted or convicted, has been convicted of a different
offense or of a different type or class of offense, or is immune
from prosecution;
(3) the actor belongs to a class of persons that by definition
of the offense solicited is legally incapable of committing the
offense in an individual capacity; or
(4) the offense solicited was actually committed.
(e) An offense under this section is one category lower than the
solicited offense, except that an offense under this section is
the same category as the solicited offense if it is shown on the
trial of the offense that the actor:
(1) was at the time of the offense 17 years of age or older and
a member of a criminal street gang, as defined by Section 71.01;
and
(2) committed the offense with the intent to:
(A) further the criminal activities of the criminal street gang;
or
(B) avoid detection as a member of a criminal street gang.
(f) In this section, "minor" means an individual younger than 17
years of age.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1,
1996. Amended by Acts 1999, 76th Leg., ch. 1415, Sec. 22(a), eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.49, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 2, eff. September 1, 2009.
Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative
defense to prosecution under Section 15.01 that under
circumstances manifesting a voluntary and complete renunciation
of his criminal objective the actor avoided commission of the
offense attempted by abandoning his criminal conduct or, if
abandonment was insufficient to avoid commission of the offense,
by taking further affirmative action that prevented the
commission.
(b) It is an affirmative defense to prosecution under Section
15.02 or 15.03 that under circumstances manifesting a voluntary
and complete renunciation of his criminal objective the actor
countermanded his solicitation or withdrew from the conspiracy
before commission of the object offense and took further
affirmative action that prevented the commission of the object
offense.
(c) Renunciation is not voluntary if it is motivated in whole or
in part:
(1) by circumstances not present or apparent at the inception of
the actor's course of conduct that increase the probability of
detection or apprehension or that make more difficult the
accomplishment of the objective; or
(2) by a decision to postpone the criminal conduct until another
time or to transfer the criminal act to another but similar
objective or victim.
(d) Evidence that the defendant renounced his criminal objective
by abandoning his criminal conduct, countermanding his
solicitation, or withdrawing from the conspiracy before the
criminal offense was committed and made substantial effort to
prevent the commission of the object offense shall be admissible
as mitigation at the hearing on punishment if he has been found
guilty of criminal attempt, criminal solicitation, or criminal
conspiracy; and in the event of a finding of renunciation under
this subsection, the punishment shall be one grade lower than
that provided for the offense committed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or
solicitation of, a preparatory offense defined in this chapter is
not an offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.