Title

Penal, Chapter 15 - Preparatory Offenses

Text

TITLE 4 - INCHOATE OFFENSES

CHAPTER 15 - PREPARATORY OFFENSES

Sec.

15.01. Criminal attempt.

15.02. Criminal conspiracy.

15.03. Criminal solicitation.

15.031. Criminal solicitation of a minor.

15.04. Renunciation defense.

15.05. No offense.

Section 15.01. Criminal attempt.

(a) A person commits an offense if, with specific intent

to commit an offense, he does an act amounting to more than

mere preparation that tends but fails to effect the

commission of the offense intended.

(b) If a person attempts an offense that may be

aggravated, his conduct constitutes an attempt to commit

the aggravated offense if an element that aggravates the

offense accompanies the attempt.

(c) It is no defense to prosecution for criminal attempt

that the offense attempted was actually committed.

(d) An offense under this section is one category lower

than the offense attempted, and if the offense attempted is

a state jail felony, the offense is a Class A misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 15.02. Criminal conspiracy.

(a) A person commits criminal conspiracy if, with intent

that a felony be committed:

(1) he agrees with one or more persons that they or one

or more of them engage in conduct that would constitute the

offense; and

(2) he or one or more of them performs an overt act in

pursuance of the agreement.

(b) An agreement constituting a conspiracy may be

inferred from acts of the parties.

(c) It is no defense to prosecution for criminal

conspiracy that:

(1) one or more of the coconspirators is not criminally

responsible for the object offense;

(2) one or more of the coconspirators has been

acquitted, so long as two or more coconspirators have not

been acquitted;

(3) one or more of the coconspirators has not been

prosecuted or convicted, has been convicted of a different

offense, or is immune from prosecution;

(4) the actor belongs to a class of persons that by

definition of the object offense is legally incapable of

committing the object offense in an individual capacity; or

(5) the object offense was actually committed.

(d) An offense under this section is one category lower

than the most serious felony that is the object of the

conspiracy, and if the most serious felony that is the

object of the conspiracy is a state jail felony, the

offense is a Class A misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 15.03. Criminal solicitation.

(a) A person commits an offense if, with intent that a

capital felony or felony of the first degree be committed,

he requests, commands, or attempts to induce another to

engage in specific conduct that, under the circumstances

surrounding his conduct as the actor believes them to be,

would constitute the felony or make the other a party to

its commission.

(b) A person may not be convicted under this section on

the uncorroborated testimony of the person allegedly

solicited and unless the solicitation is made under

circumstances strongly corroborative of both the

solicitation itself and the actor's intent that the other

person act on the solicitation.

(c) It is no defense to prosecution under this section

that:

(1) the person solicited is not criminally responsible

for the felony solicited;

(2) the person solicited has been acquitted, has not

been prosecuted or convicted, has been convicted of a

different offense or of a different type or class of

offense, or is immune from prosecution;

(3) the actor belongs to a class of persons that by

definition of the felony solicited is legally incapable of

committing the offense in an individual capacity; or

(4) the felony solicited was actually committed.

(d) An offense under this section is:

(1) a felony of the first degree if the offense

solicited is a capital offense; or

(2) a felony of the second degree if the offense

solicited is a felony of the first degree.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 15.031. Criminal solicitation of a minor.

(a) A person commits an offense if, with intent that an

offense listed by Section 3g(a)(1), Article 42.12, Code of

Criminal Procedure, be committed, the person requests,

commands, or attempts to induce a minor to engage in

specific conduct that, under the circumstances surrounding

the actor's conduct as the actor believes them to be, would

constitute an offense listed by Section 3g(a)(1), Article

42.12, or make the minor a party to the commission of an

offense listed by Section 3g(a)(1), Article 42.12.

(b) A person may not be convicted under this section on

the uncorroborated testimony of the minor allegedly

solicited unless the solicitation is made under

circumstances strongly corroborative of both the

solicitation itself and the actor's intent that the minor

act on the solicitation.

(c) It is no defense to prosecution under this section

that:

(1) the minor solicited is not criminally responsible

for the offense solicited;

(2) the minor solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is

immune from prosecution;

(3) the actor belongs to a class of persons that by

definition of the offense solicited is legally incapable of

committing the offense in an individual capacity; or

(4) the offense solicited was actually committed.

(d) An offense under this section is one category lower

than the solicited offense.

(e) In this section, "minor" means an individual younger

than 17 years of age.

(Added by L.1995, chap. 262(79), eff. 1/1/96.)

Section 15.04. Renunciation defense.

(a) It is an affirmative defense to prosecution under

Section 15.01 that under circumstances manifesting a

voluntary and complete renunciation of his criminal

objective the actor avoided commission of the offense

attempted by abandoning his criminal conduct or, if

abandonment was insufficient to avoid commission of the

offense, by taking further affirmative action that

prevented the commission.

(b) It is an affirmative defense to prosecution under

Section 15.02 or 15.03 that under circumstances manifesting

a voluntary and complete renunciation of his criminal

objective the actor countermanded his solicitation or

withdrew from the conspiracy before commission of the

object offense and took further affirmative action that

prevented the commission of the object offense.

(c) Renunciation is not voluntary if it is motivated in

whole or in part:

(1) by circumstances not present or apparent at the

inception of the actor's course of conduct that increase

the probability of detection or apprehension or that make

more difficult the accomplishment of the objective; or

(2) by a decision to postpone the criminal conduct until

another time or to transfer the criminal act to another but

similar objective or victim.

(d) Evidence that the defendant renounced his criminal

objective by abandoning his criminal conduct,

countermanding his solicitation, or withdrawing from the

conspiracy before the criminal offense was committed and

made substantial effort to prevent the commission of the

object offense shall be admissible as mitigation at the

hearing on punishment if he has been found guilty of

criminal attempt, criminal solicitation, or criminal

conspiracy; and in the event of a finding of renunciation

under this subsection, the punishment shall be one grade

lower than that provided for the offense committed.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 15.05. No offense.

Attempt or conspiracy to commit, or solicitation of, a

preparatory offense defined in this chapter is not an

offense. (Chgd. by L.1993, chap. 900(1.01), eff.

9/1/94.)