Chapter 9.55
INCHOATE OFFENSES

Sections:

9.55.010    Attempt – Elements of offense.

9.55.020    Attempt – Classification of offenses.

9.55.030    Conspiracy – Elements of offense.

9.55.040    Conspiracy – Classification of offenses.

9.55.050    Specific attempt or conspiracy offense prevails.

9.55.060    Conviction of inchoate and principal offense prohibited.

9.55.010 Attempt – Elements of offense.

(1) For the purposes of this chapter, a person is guilty of an attempt to commit any act made an offense by any ordinance of this municipality if, acting with the kind of culpability otherwise required for the commission of the offense, he engages in conduct constituting a substantial step towards commission of the offense.

(2) For purposes of this chapter, conduct does not constitute a substantial step unless it is strongly corroborative of the actor’s intent to commit the offense.

(3) No defense of the offense of attempt shall arise:

(a) Because the offense attempted was actually committed; or

(b) Due to factual or legal impossibility that the offense could have been committed had the attendant circumstances been as the actor believed them to be. [Ord. 87-34 § 13-04-001, 1987.]

9.55.020 Attempt – Classification of offenses.

Criminal attempt to commit:

(1) A class B misdemeanor is a class C misdemeanor;

(2) A class C misdemeanor is an infraction;

(3) An infraction is punishable by a penalty not exceeding one-half the penalty for an infraction. [Ord. 87-34 § 13-04-002, 1987.]

9.55.030 Conspiracy – Elements of offense.

For the purposes of this chapter, a person is guilty of conspiracy when he, intending that conduct constituting an offense under this code whether he specifically intends to violate the code or not, agrees with one or more persons to engage in or commits an overt act in pursuance of the conspiracy, except where the offense is arson, or burglary, the overt act is not required for the commission of the conspiracy. [Ord. 87-34 § 13-04-101, 1987.]

9.55.040 Conspiracy – Classification of offenses.

Conspiracy to commit:

(1) A class B misdemeanor is a class C misdemeanor;

(2) A class C misdemeanor is an infraction;

(3) An infraction is punishable by a penalty not exceeding one-half the penalty for an infraction. [Ord. 87-34 § 13-04-102, 1987.]

9.55.050 Specific attempt or conspiracy offense prevails.

Whenever any offense specifically designates or defines an attempt or conspiracy and provides a penalty for the attempt or conspiracy other than provided in this chapter, the specific offense shall prevail over the provisions of this chapter. [Ord. 87-34 § 13-04-201, 1987.]

9.55.060 Conviction of inchoate and principal offense prohibited.

No person shall be convicted of both an inchoate and principal offense or of both an attempt to commit an offense and a conspiracy to commit the same offense. [Ord. 87-34 § 13-04-202, 1987.]