Also known as: inchoate offences · inchoate offenses · inchoate crime · preliminary offense
Written by attorneys · grounded in primary & secondary sources — see below
A preliminary criminal offense consisting of conduct undertaken with the intent to commit a substantive crime but falling short of its completion. The offense is punishable on its own because the actor has demonstrated a dangerous disposition toward the target crime. At common law, however, the inchoate conduct merged into the completed felony. Common examples include attempt, solicitation, and conspiracy.
Idina Iverson agreed with a coworker to submit fake returns using stolen receipts and urged a cashier to assist. The coworker alone executed multiple returns and obtained cash. Once the substantive theft was complete, Iverson's preliminary conduct lost independent status under the merger doctrine and could not support separate punishment.
Iris Irons and a marketer formed a plan to steal customer data and divide the proceeds. Irons later asked a technician to write access scripts. The technician completed the theft alone. Irons remained separately punishable for the agreement even after the data theft occurred.
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India Inoue purchased a firearm and drove to the target's residence with the loaded weapon. She was arrested before entering the driveway. The court held that her voluntary intoxication was irrelevant because attempt requires purposeful intent to commit the completed offense.
Israel Irving and a codefendant were tried jointly for conspiring to commit theft. A redacted confession by the codefendant was introduced at trial. The court held that the redaction still implicated Irving and required severance to protect his confrontation rights in the joint proceeding.
Isla Ireland discussed a scheme to divert funds with an informant who secretly recorded the conversation. The government introduced the recording at trial. The court permitted the evidence because one party had consented, allowing the recording to prove the preliminary agreement.
No. At common law, conspiracy remains separately punishable even after the target offense is completed by any participant. Solicitation and attempt merge, but the agreement itself retains independent status.
Supporting sources
Purpose or specific intent to commit the target crime is required. The actor must intend both the preliminary conduct and the ultimate substantive offense.
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It depends on the offense. Solicitation and attempt merge into the completed felony, but conspiracy does not merge and supports a separate conviction alongside the substantive offense.
Supporting sources
They punish dangerous preparatory conduct that demonstrates a culpable disposition toward committing the substantive offense, even when the target crime is never completed.
…solicitation, the speech — asking another to commit a crime — is the punishable act. The court explained that solicitation is an inchoate crime; the crime is complete once the words are spoken with the requisite intent, and no further actions from either the solicitor or solicitee are necessary. Nor, the court noted, is a specific…