Inchoate Crimes
Section 100.00 Criminal solicitation in the fifth degree
A person is guilty of criminal solicitation in the fifth degree when, with intent that another person engage in conduct constituting a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
Criminal solicitation in the fifth degree is a violation.
Section 100.05 Criminal solicitation in the fourth degree
A person is guilty of criminal solicitation in the fourth degree when:
1. with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct; or
2. being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
Criminal solicitation in the fourth degree is a class A misdemeanor.
Section 100.08 Criminal solicitation in the third degree
A person is guilty of criminal solicitation in the third degree when, being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
Criminal solicitation in the third degree is a class E felony.
Section 100.10 Criminal solicitation in the second degree
A person is guilty of criminal solicitation in the second degree when, with intent that another person engage in conduct constituting a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
Criminal solicitation in the second degree is a class D felony.
Section 100.13 Criminal solicitation in the first degree
A person is guilty of criminal solicitation in the first degree when, being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
Criminal solicitation in the first degree is a class C felony.
Section 100.15 Criminal solicitation; no defense
It is no defense to a prosecution for criminal solicitation that
the person solicited could not be guilty of the crime solicited owing to
criminal irresponsibility or other legal incapacity or exemption, or to
unawareness of the criminal nature of the conduct solicited or of the defendant's
criminal purpose or to other factors precluding the mental state required
for the commission of the crime in question.
Section 100.20 Criminal solicitation; exemption
A person is not guilty of criminal solicitation when his solicitation
constitutes conduct of a kind that is necessarily incidental to the commission
of the crime solicited. When under such circumstances the solicitation
constitutes an offense other than criminal solicitation which is related
to but separate from the crime solicited, the actor is guilty of such related
and separate offense only and not of criminal solicitation.
Section 105.00 Conspiracy in the sixth degree
A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.
Conspiracy in the sixth degree is a class B misdemeanor.
Section 105.05 Conspiracy in the fifth degree
A person is guilty of conspiracy in the fifth degree when, with intent that conduct constituting:
1. a felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct; or
2. a crime be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
Conspiracy in the fifth degree is a class A misdemeanor.
Section 105.10 Conspiracy in the fourth degree
A person is guilty of conspiracy in the fourth degree when, with intent that conduct constituting:
1. a class B or class C felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct; or
2. a felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
Conspiracy in the fourth degree is a class E felony.
Section 105.13 Conspiracy in the third degree
A person is guilty of conspiracy in the third degree when, with intent that conduct constituting a class B or a class C felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
Conspiracy in the third degree is a class D felony.
Section 105.15 Conspiracy in the second degree
A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.
Conspiracy in the second degree is a class B felony.
Section 105.17 Conspiracy in the first degree
A person is guilty of conspiracy in the first degree when, with intent that conduct constituting a class A felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.
Conspiracy in the first degree is a class A-I felony.
Section 105.20 Conspiracy; pleading and proof; necessity of overt act
A person shall not be convicted of conspiracy unless an overt
act is alleged and proved to have been committed by one of the conspirators
in furtherance of the conspiracy.
Section 105.25 Conspiracy; jurisdiction and venue
1. A person may be prosecuted for conspiracy in the county in which he entered into such conspiracy or in any county in which an overt act in furtherance thereof was committed.
2. An agreement made within this state to engage in or cause the performance of conduct in another jurisdiction is punishable herein as a conspiracy only when such conduct would constitute a crime both under the laws of this state if performed herein and under the laws of the other jurisdiction if performed therein.
3. An agreement made in another jurisdiction to engage in or cause
the performance of conduct within this state, which would constitute a
crime herein, is punishable herein only when an overt act in furtherance
of such conspiracy is committed within this state. Under such circumstances,
it is no defense to a prosecution for conspiracy that the conduct which
is the objective of the conspiracy would not constitute a crime under the
laws of the other jurisdiction if performed therein.
Section 105.30 Conspiracy; no defense
It is no defense to a prosecution for conspiracy that, owing to
criminal irresponsibility or other legal incapacity or exemption, or to
unawareness of the criminal nature of the agreement or the object conduct
or of the defendant's criminal purpose or to other factors precluding the
mental state required for the commission of conspiracy or the object crime,
one or more of the defendant's co-conspirators could not be guilty of conspiracy
or the object crime.
Section 105.35 Conspiracy; enterprise corruption: applicability
For purposes of this article, conspiracy to commit the crime of
enterprise corruption in violation of section 460.20 of this chapter shall
not constitute an offense.
Section 110.00 Attempt to commit a crime
A person is guilty of an attempt to commit a crime when, with
intent to commit a crime, he engages in conduct which tends to effect the
commission of such crime.
Section 110.05 Attempt to commit a crime; punishment
An attempt to commit a crime is a:
1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, criminal possession of a controlled substance in the first degree or criminal sale of a controlled substance in the first degree;
2. Class A-II felony when the crime attempted is a class A-II felony;
3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;
4. Class C felony when the crime attempted is a class B felony;
5. Class D felony when the crime attempted is a class C felony;
6. Class E felony when the crime attempted is a class D felony;
7. Class A misdemeanor when the crime attempted is a class E felony;
8. Class B misdemeanor when the crime attempted is a misdemeanor.
Section 110.10 Attempt to commit a crime; no defense
If the conduct in which a person engages otherwise constitutes
an attempt to commit a crime pursuant to section 110.00, it is no defense
to a prosecution for such attempt that the crime charged to have been attempted
was, under the attendant circumstances, factually or legally impossible
of commission, if such crime could have been committed had the attendant
circumstances been as such person believed them to be.
Section 115.00 Criminal facilitation in the fourth degree
A person is guilty of criminal facilitation in the fourth degree when, believing it probable that he is rendering aid:
1. to a person who intends to commit a crime, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony; or
2. to a person under sixteen years of age who intends to engage in conduct which would constitute a crime, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a crime.
Criminal facilitation in the fourth degree is a class A misdemeanor.
Section 115.01 Criminal facilitation in the third degree
A person guilty of criminal facilitation in the third degree, when believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony.
Criminal facilitation in the third degree is a class E felony.
Section 115.05 Criminal facilitation in the second degree
A person is guilty of criminal facilitation in the second degree when, believing it probable that he is rendering aid to a person who intends to commit a class A felony, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such class A felony.
Criminal facilitation in the second degree is a class C felony.
Section 115.08 Criminal facilitation in the first degree
A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a class A felony.
Criminal facilitation in the first degree is a class B felony.
Section 115.10 Criminal facilitation; no defense
It is no defense to a prosecution for criminal facilitation that:
1. The person facilitated was not guilty of the underlying felony owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct in question or to other factors precluding the mental state required for the commission of such felony; or
2. The person facilitated has not been prosecuted for or convicted of the underlying felony, or has previously been acquitted thereof; or
3. The defendant himself is not guilty of the felony which he
facilitated because he did not act with the intent or other culpable mental
state required for the commission thereof.
Section 115.15 Criminal facilitation; corroboration
A person shall not be convicted of criminal facilitation upon the testimony of a person who has committed the felony charged to have been facilitated unless such testimony be corroborated by such other evidence as tends to connect the defendant with such facilitation.