A person decides to commit a burglary and agrees with another individual to assist in carrying out the crime. Both individuals take steps to plan the crime, but they abandon their plan before carrying out the burglary. What offense, if any, have they most likely committed based on these facts?
The correct answer is conspiracy because an agreement between two or more individuals, combined with an overt act toward furthering the criminal objective (such as planning the crime), constitutes the offense of conspiracy, even if the ultimate crime is not completed. The other answers are incorrect because an attempt requires a substantial step toward completing the crime, which did not occur here; solicitation occurs when a person asks or encourages another to commit a crime without necessarily reaching mutual agreement; and mere abandonment of the plan does not negate conspiracy once the required elements are met.
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Multistate Bar Examination
Criminal Law and Procedure
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