Briefly outline the elements of criminal attempt, criminal conspiracy, and criminal solicitation under Texas law
Which of these offenses may be successfully prosecuted even if the offender(s) do not successfully complete their intended crime? Which of these offense may be successfully prosecuted even if the offender(s) successfully complete their intended crime?
The key points of the answers are as follows.
• Criminal attempt:
o Specific intent to commit offense
o Act that tends but fails to accomplish the commission of offense intended
o Criminal attempt is lesser included offense of primary offense; thus, individual cannot be prosecuted for both criminal attempt and the primary offense.
• Criminal conspiracy
o Two or more persons
o Agree to commit a felony
o An overt act in furtherance of felony is committed
o Criminal conspiracy is complete when overt act is committed; thus, criminal conspiracy charge will lie independent of whether or not planned offense is committed.
• Criminal solicitation
o Individual requests, commands, or attempts to induce another
o To commit a capital felony or felony of first degree
o Criminal solicitation is complete when request, et cetera is made; thus, criminal solicitation charge will lie independent of whether or not desired offense is committed.
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