ORS  Guide
Inchoate Crimes
Attempt - renunciation as a defense
ORS > Procedural Statutes > Inchoate Crimes > 161.430
(1) a person is not liable for an attempt if, under circumstances manifesting a voluntary and complete renunciation of their criminal intent, they avoid the commission of the attempted crime by abandoning the criminal effort &, if simple abandonment is insufficient for avoiding it, doing everything necessary to prevent the commission of the attempted crime.
(2) the defense of renunciation is an affirmative defense
Attempt described
ORS > Procedural Statutes > Inchoate Crimes > 161.405
(1) Intentionally engages in conduct which constituting substantial step toward commission of the crime
(2) An attempt is generally charged one less level than corresponding crime e.g. attempted C felony crime charged as B felony
Criminal consipiracy - Duration
ORS > Procedural Statutes > Inchoate Crimes > 161.465
For the purpose of application of 131.125 (Time limitations):
(1) conspiracy is a continuing course of conduct which ends when the crime or crimes which are its object are completed or the agreement that they be committed is abandoned by the defendant & by those with whom the defendant conspired
(2) abandonment is presumed if neither the defendant nor anyone with whom they conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation
(3) if an individual abandons the agreement, the conspiracy is terminated for that individual only if & when they advises those with whom they conspired of the abandonment or if they inform law enforcement authorities of the existence of the conspiracy & of their participation in it
Criminal conspiracy
ORS > Procedural Statutes > Inchoate Crimes > 161.450
(1) with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more people to perform or cause the performance of such conduct
(a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony
(b) Class B felony if an object of the conspiracy is commission of a Class B felony
(c) Class C felony if an object of the conspiracy is commission of a Class C felony
(d) Class A misdemeanor if the offense solicited is a Class C felony
(e) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor
Criminal conspiracy- renunciation as a defense
ORS > Procedural Statutes > Inchoate Crimes > 161.460
(1) it is a defense to conspiracy that the actor, after conspiring to commit a crime, prevented the commission of the crime which was the object of the conspiracy, under circumstances manifesting a complete & voluntary renunciation of their criminal purpose. Renunciation by one conspirator doesn't affect the liability of other conspirators who don't not join in the renunciation of the conspiratorial objective
(2) the defense of renunciation is an affirmative defense
Solicitation
ORS > Procedural Statutes > Inchoate Crimes > 161.435
(1) with the intent of causing someone to engage in specific conduct constituting a crime punishable as a felony or a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct
(2) solicitation is a:
(a) Class A felony if the offense solicited is murder or treason
(b) Class B felony if the offense solicited is a Class A felony
(c) Class C felony if the offense solicited is a Class B felony.
(d) Class A misdemeanor if the offense solicited is a Class C felony
(e) Class B misdemeanor if the offense solicited is a Class A misdemeanor
Solicitation & conspiracy - Defenses
ORS > Procedural Statutes > Inchoate Crimes > 161.475
(1) Except as provided in (2), it's immaterial to the liability of a person who solicits or conspires with another to commit a crime that the person or person whom the person solicits or conspires:
(a) doesn't occupy a particular position or have a particular characteristic which is an element of such crime, if the person believes that one of them does OR
(b) is irresponsible or has an immunity to prosecution or conviction for the commission of the crime, or, in the case of conspiracy, has faked the agreement OR
(c) hasn't been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted
(2) it's a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor wouldn't be guilty of a crime under the law defining the offense or as an accomplice under 161.150 to 161.165 (exemptions to criminal liability for conduct of another)
Solicitation - renunciation as a defense
ORS > Procedural Statutes > Inchoate Crimes > 161.440
(1) it is a defense to solicitation that after soliciting another person to commit a crime, the person soliciting the crime persuaded the solicited person to not commit the crime or otherwise prevented the commission of the crime, under circumstances manifesting a complete & voluntary renunciation of the criminal intent
(2) the defense of renunciation is an affirmative defense
© 2020 - 2021 Ross Dargahi - Disclaimer - About