Black-letter propositions
- 01
Attempt requires specific intent plus dangerous proximity at common law or a substantial step strongly corroborative under the MPC.
- 02
Factual impossibility is not a defense; genuine legal impossibility may be.
- 03
Solicitation is complete upon encouraging with intent that the crime occur and ordinarily merges when the target crime is completed.
- 04
Conspiracy requires agreement, intent to agree, and intent to achieve the objective; modern law often adds an overt act.
- 05
Traditional conspirator liability can include foreseeable crimes in furtherance; modern statutes may require offense-specific complicity.
- 06
Withdrawal can end future liability but usually does not erase the completed conspiracy.
Use this attack sequence under time
Frame the issue
Identify target offense and specific intent.
Resolve the next checkpoint
State the attempt act test.
Resolve the next checkpoint
For conspiracy, identify agreement, bilateral or unilateral rule, overt act, and scope.
Finish the conclusion
Analyze merger, impossibility, and withdrawal separately.
Common wrong turns
- Attempt to commit an unintended result crime requires careful mental-state analysis.
- Acquittal of one conspirator does not always defeat unilateral conspiracy.
- A late change of heart is not effective withdrawal from an attempt already complete.
Worked example
A buyer takes possession of sugar believing it is cocaine and intending to resell it.
Factual impossibility is no defense. Intent plus possession may be a substantial step and support attempt to possess drugs under the assumed facts.
Practice this topic
Attempt and solicitation
Cornell says a defendant who fails to complete a crime can still be charged with attempt, and a party must always cross the line from mere thoughts or preparation. In common-law jurisdictions specific intent to complete the crime must generally be shown, along with the power to complete it almost immediately, as in People v. Rizzo. Under the Model Penal Code a person is guilty of attempt if they take a substantial step that strongly indicates intent.
Solicitation is the inchoate offense of offering money or otherwise seeking to persuade another with the specific intent that they commit a crime.
Conspiracy
Cornell defines conspiracy as an agreement between two or more people to commit an illegal act, along with intent to achieve the goal. Most U.S. jurisdictions also require an overt act, which is a statutory requirement, not a constitutional one. Conspiracy generally carries its own penalty and allows derivative liability for acts of other members in furtherance of the goals.
Some statutes assign the same punishment for conspiracy as for the target offense, and others impose lesser penalties. Conspiracy applies to both civil and criminal offenses.
Frequently asked questions
What is the controlling rule for attempt, solicitation, and conspiracy?+
Attempt, solicitation, and conspiracy each require purpose toward a target offense plus the doctrine's act or agreement, with separate merger and withdrawal consequences.
How should I analyze attempt, solicitation, and conspiracy on the bar exam?+
Identify target offense and specific intent. State the attempt act test. Analyze merger, impossibility, and withdrawal separately.
What is attempt on the bar exam?+
Failing to complete a crime but crossing the line from mere thoughts or preparation, according to Cornell's summary of inchoate offenses.
What is the Model Penal Code test for attempt?+
A substantial step toward completing the crime that strongly indicates the person's intent to commit it.
What intent does common-law attempt require?+
Specific intent to complete the underlying crime, even if the underlying crime is a general intent or strict liability offense, plus the power to complete it almost immediately.
What is solicitation on the bar exam?+
The inchoate offense of offering money to someone, or otherwise seeking to persuade them, with specific intent that they commit a crime.
What is required for conspiracy?+
An agreement between two or more people to commit an illegal act with intent to achieve its goal, and in most jurisdictions an overt act.