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PENAL CODE CHAPTER 15.
TITLE 4. INCHOATE OFFENSES
PREPARATORY OFFENSES
§ 15.01. CRIMINAL ATTEMPT. (a) A person commits an
offense if, with specific intent to commit an offense, he does an
act amounting to more than mere preparation that tends but fails to
effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated,
his conduct constitutes an attempt to commit the aggravated offense
if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt
that the offense attempted was actually committed.
(d) An offense under this section is one category lower than
the offense attempted, and if the offense attempted is a state jail
felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 478, ch. 203, § 4, eff. Sept.
1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 15.02. CRIMINAL CONSPIRACY. (a) A person commits
criminal conspiracy if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one
or more of them engage in conduct that would constitute the offense;
and
(2) he or one or more of them performs an overt act in
pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred
from acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy
that:
(1) one or more of the coconspirators is not
criminally responsible for the object offense;
(2) one or more of the coconspirators has been
acquitted, so long as two or more coconspirators have not been
acquitted;
(3) one or more of the coconspirators has not been
prosecuted or convicted, has been convicted of a different offense,
or is immune from prosecution;
(4) the actor belongs to a class of persons that by
definition of the object offense is legally incapable of committing
the object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than
the most serious felony that is the object of the conspiracy, and if
the most serious felony that is the object of the conspiracy is a
state jail felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 15.03. CRIMINAL SOLICITATION. (a) A person commits
an offense if, with intent that a capital felony or felony of the
first degree be committed, he requests, commands, or attempts to
induce another to engage in specific conduct that, under the
circumstances surrounding his conduct as the actor believes them to
be, would constitute the felony or make the other a party to its
commission.
(b) A person may not be convicted under this section on the
uncorroborated testimony of the person allegedly solicited and
unless the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's
intent that the other person act on the solicitation.
(c) It is no defense to prosecution under this section that:
(1) the person solicited is not criminally responsible
for the felony solicited;
(2) the person solicited has been acquitted, has not
been prosecuted or convicted, has been convicted of a different
offense or of a different type or class of offense, or is immune
from prosecution;
(3) the actor belongs to a class of persons that by
definition of the felony solicited is legally incapable of
committing the offense in an individual capacity; or
(4) the felony solicited was actually committed.
(d) An offense under this section is:
(1) a felony of the first degree if the offense
solicited is a capital offense; or
(2) a felony of the second degree if the offense
solicited is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 462, § 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
person commits an offense if, with intent that an offense listed by
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
committed, the person requests, commands, or attempts to induce a
minor to engage in specific conduct that, under the circumstances
surrounding the actor's conduct as the actor believes them to be,
would constitute an offense listed by Section 3g(a)(1), Article
42.12, or make the minor a party to the commission of an offense
listed by Section 3g(a)(1), Article 42.12.
(b) A person commits an offense if, with intent that an
offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
the person by any means requests, commands, or attempts to induce a
minor or another whom the person believes to be a minor to engage in
specific conduct that, under the circumstances surrounding the
actor's conduct as the actor believes them to be, would constitute
an offense under one of those sections or would make the minor or
other believed by the person to be a minor a party to the commission
of an offense under one of those sections.
(c) A person may not be convicted under this section on the
uncorroborated testimony of the minor allegedly solicited unless
the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's
intent that the minor act on the solicitation.
(d) It is no defense to prosecution under this section that:
(1) the minor solicited is not criminally responsible
for the offense solicited;
(2) the minor solicited has been acquitted, has not
been prosecuted or convicted, has been convicted of a different
offense or of a different type or class of offense, or is immune
from prosecution;
(3) the actor belongs to a class of persons that by
definition of the offense solicited is legally incapable of
committing the offense in an individual capacity; or
(4) the offense solicited was actually committed.
(e) An offense under this section is one category lower than
the solicited offense.
(f) In this section, "minor" means an individual younger
than 17 years of age.
Added by Acts 1995, 74th Leg., ch. 262, § 79, eff. Jan. 1, 1996.
Amended by Acts 1999, 76th Leg., ch. 1415, § 22(a), eff. Sept. 1,
1999.
§ 15.04. RENUNCIATION DEFENSE. (a) It is an
affirmative defense to prosecution under Section 15.01 that under
circumstances manifesting a voluntary and complete renunciation of
his criminal objective the actor avoided commission of the offense
attempted by abandoning his criminal conduct or, if abandonment was
insufficient to avoid commission of the offense, by taking further
affirmative action that prevented the commission.
(b) It is an affirmative defense to prosecution under
Section 15.02 or 15.03 that under circumstances manifesting a
voluntary and complete renunciation of his criminal objective the
actor countermanded his solicitation or withdrew from the
conspiracy before commission of the object offense and took further
affirmative action that prevented the commission of the object
offense.
(c) Renunciation is not voluntary if it is motivated in
whole or in part:
(1) by circumstances not present or apparent at the
inception of the actor's course of conduct that increase the
probability of detection or apprehension or that make more
difficult the accomplishment of the objective; or
(2) by a decision to postpone the criminal conduct
until another time or to transfer the criminal act to another but
similar objective or victim.
(d) Evidence that the defendant renounced his criminal
objective by abandoning his criminal conduct, countermanding his
solicitation, or withdrawing from the conspiracy before the
criminal offense was committed and made substantial effort to
prevent the commission of the object offense shall be admissible as
mitigation at the hearing on punishment if he has been found guilty
of criminal attempt, criminal solicitation, or criminal
conspiracy; and in the event of a finding of renunciation under
this subsection, the punishment shall be one grade lower than that
provided for the offense committed.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 15.05. NO OFFENSE. Attempt or conspiracy to commit,
or solicitation of, a preparatory offense defined in this chapter
is not an offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
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