CHAPTER 6: SELECTED CRIMINAL OFFENSES - Table of Contents
6.1 - Overview • 6.2 - Inchoate Offenses • 6.3 - Homicide • 6.4 - Assault • 6.5 - Domestic Violence • 6.6 - Other Unlawful Offenses against the person • 6.7 - Unlawful Sexual Behavior • 6.8 - Offenses against Property • 6.9 - Tresspass, Tampering and Mischief • 6.10 - Offenses involving Fraud • 6.11 - Offenses involving Family Relations • 6.12 - Offenses relating to Morals • 6.13 - Offenses against Government Operations and Public Order • 6.14 - Offenses relating to Weapons • 6.15 - Offenses relating to Controlled Substances • 6.16 - Alcohol/Drug related Traffic Incidents • 6.17 - Crimes Against Vulnerable Victims • 6.18 - Computer Crimes • 6.19 - Identity Theft
6.2 INCHOATE OFFENSES
There are three inchoate offenses: attempt, conspiracy, and solicitation. These offenses are called inchoate offenses because they are, in some fashion, uncompleted offenses. A person is guilty of attempt if, while acting with the intent required to commit some crime, the person takes a substantial step towards the commission of the crime. The punishment for a conviction for attempt depends on the seriousness of the contemplated crime: generally, attempt to commit a class 1 felony is a class 2 felony, attempt to commit a class 2 felony is a class 3 felony, etc. The exceptions to this rule are that attempt to commit a class 6 felony or an unclassified felony is a class 6 felony, attempt to commit a class 3 misdemeanor is a class 3 misdemeanor, and attempt to commit a petty offenses is punishable by the same penalties as the completed offense. Attempt is codified at C.R.S. § 18-2-101.
A person is guilty of conspiracy if, acting with the intent to commit a crime, the person agrees with some other person or persons that one or more of them will commit or attempt to commit the crime. Proof of conspiracy requires proof of an overt act: it is not a crime to simply agree to commit some offense. A conspiracy is generally considered to end when the crime that is the object of the conspiracy has been committed. The punishment for a conviction for conspiracy is determined the same way as the punishment for attempt described in the preceding paragraph. Conspiracy is codified at C.R.S. § 18-2-201.
A person commits the crime of solicitation if the person "commands, induces, entreats or otherwise attempts to persuade" another person to commit a felony. It is an affirmative defense to the crime of solicitation that the person voluntarily and completely renounces the solicitation and persuades the other person not to commit the crime. Solicitation is punishable in the same fashion as attempt. Solicitation is codified at C.R.S. § 18-2-301.
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