MPC Attempts under 5.01 that aren't solicitations under 5.0 Forum

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cbarton237

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MPC Attempts under 5.01 that aren't solicitations under 5.0

Post by cbarton237 » Fri Apr 25, 2014 12:49 pm

Can someone explain why some solicitations are not attempts? And perhaps provide an example?

Codicil

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Re: MPC Attempts under 5.01 that aren't solicitations under 5.0

Post by Codicil » Fri Apr 25, 2014 6:32 pm

Solicitation is requesting another to commit a crime. The offense of solicitation is complete at the time the request is made. Nothing more is needed.
  • Example: Ginger is mad at Gina because Gina is dating Ginger's crush. Ginger tells Brody to cut Gina's face so she won't be so pretty anymore. Ginger is guilty of solicitation.
Attempt requires an overt act or substantial step in furtherance of the crime. To be guilty of the crime of attempt, under the MPC, a person must
  • (a) actually attempt the crime and fail, or
    • Example: Ginger tries to shoot Gina but misses because Ginger has bad aim. Ginger is guilty of attempt.
    (b) complete the act that she believes will result in the crime, or
    • Example: Hoping to cause an accident, Ginger cuts Gina's brakes. Ginger is guilty of attempt.
    (c) take a substantial step toward completing the crime.
    • Example: Ginger tells Brody to cut Gina's face. Ginger gives Brody a knife to use or leads Gina to where Brody is lying in wait. Ginger is guilty of attempt.

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