A man plans with another individual to commit a burglary but neither of them takes any additional actions toward carrying it out. Which of the following inchoate offenses has the man potentially committed?
The correct answer is conspiracy because it occurs when two or more individuals agree to commit an unlawful act and have the intent to achieve that criminal purpose. Importantly, many jurisdictions also require an overt act toward the agreement, but in some jurisdictions, the agreement alone suffices. The other options, such as solicitation and attempt, are incorrect because they involve additional elements. Solicitation requires urging or asking another person to commit a crime, and attempt requires taking substantial steps toward the commission of the crime, which have not occurred in this scenario.
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What are the key elements required to prove conspiracy?
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How does solicitation differ from conspiracy?
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What factors can lead to a prosecution for conspiracy even without an overt act?