Legal Definitions - inchoate offense

inchoate offense

An inchoate offense is a type of crime that is committed by taking a punishable step towards the commission of another crime. The three basic inchoate offenses are attempt, solicitation, and conspiracy. The crime that is intended to be committed is called the target offense. Inchoate offenses, except for conspiracy, merge into the target crime. This means that if the defendant is prosecuted for the target crime, attempt and solicitation cannot be charged as well. However, both conspiracy to commit a crime and the crime itself may be charged.

• Attempt: A person tries to break into a house but is caught by the police before they can enter.
• Solicitation: A person asks someone else to commit a crime for them, such as asking someone to rob a store.
• Conspiracy: A group of people plan to rob a bank together.

These examples illustrate how inchoate offenses involve taking a step towards committing a crime, even if the crime is not completed. Attempt involves trying to commit the crime but failing, while solicitation involves asking someone else to commit the crime. Conspiracy involves planning the crime with others. In all cases, the person is still held accountable for their actions, even if the crime was not completed.