USA Statutes : alabama
Title : Title 13A CRIMINAL CODE.
Chapter : Chapter 04 INCHOATE CRIMES.
Section 13A-4-1Section 13A-4-1
Criminal solicitation.
(a) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he solicits, requests, commands or importunes such other person to engage in such conduct.
A person may not be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent.
(b) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(c) A person is not liable under this section when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the offense solicited. When the solicitation constitutes an offense other than criminal solicitation which is related to but separate from the offense solicited, defendant is guilty of such related offense only and not of criminal solicitation.
(d) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the offense solicited because of:
(1) Criminal irresponsibility or other legal incapacity or exemption; or
(2) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or
(3) Any other factor precluding the mental state required for the commission of the offense in question.
(e) It is no defense to a prosecution for criminal solicitation that defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that he solicited another to commit.
(f) Criminal solicitation is a:
(1) Class A felony if the offense solicited is murder.
(2) Class B felony if the offense solicited is a Class A felony.
(3) Class C felony if the offense solicited is a Class B felony.
(4) Class A misdemeanor if the offense solicited is a Class C felony.
(5) Class B misdemeanor if the offense solicited is a Class A misdemeanor.
(6) Class C misdemeanor if the offense solicited is a Class B misdemeanor.
(7) Violation if the offense solicited is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1001.)Section 13A-4-2Section 13A-4-2
Attempt.
(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.
(b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be.
(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he avoided the commission of the offense attempted by abandoning his criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(d) An attempt is a:
(1) Class A felony if the offense attempted is murder.
(2) Class B felony if the offense attempted is a Class A felony.
(3) Class C felony if the offense attempted is a Class B felony.
(4) Class A misdemeanor if the offense attempted is a Class C felony.
(5) Class B misdemeanor if the offense attempted is a Class A misdemeanor.
(6) Class C misdemeanor if the offense attempted is a Class B misdemeanor.
(7) Violation if the offense attempted is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1005.)Section 13A-4-3Section 13A-4-3
Criminal conspiracy generally.
(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement.
(b) If a person knows or should know that one with whom he agrees has in turn agreed or will agree with another to effect the same criminal objective, he shall be deemed to have agreed with such other person, whether or not he knows the other's identity.
(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy. Renunciation by one conspirator, however, does not affect the liability of another conspirator who does not join in the abandonment of the conspiratorial objective. The burden of injecting the issue of renunciation is on the defendant, but this does not shift the burden of proof.
(d) It is no defense to a prosecution for criminal conspiracy that:
- (1) The person, or persons, with whom defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or is immune from prosecution, or
- (2) The person, or persons, with whom defendant conspired could not be guilty of the conspiracy or the object crime because of lack of mental responsibility or culpability, or other legal incapacity or defense, or
- (3) The defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.
(e) A conspirator is not liable under this section if, had the criminal conduct contemplated by the conspiracy actually been performed, he would be immune from liability under the law defining the offense or as an accomplice under Section 13A-2-24.
(f) Liability as accomplice. -Accomplice liability for offenses committed in furtherance of a conspiracy is to be determined as provided in Section 13A-2-23.
(g) Criminal conspiracy is a:
- (1) Class A felony if an object of the conspiracy is murder.
- (2) Class B felony if an object of the conspiracy is a Class A felony.
- (3) Class C felony if an object of the conspiracy is a Class B felony.
- (4) Class A misdemeanor if an object of the conspiracy is a Class C felony.
- (5) Class B misdemeanor if an object of the conspiracy is a Class A misdemeanor.
- (6) Class C misdemeanor if an object of the conspiracy is a Class B misdemeanor.
- (7) Violation if an object of the conspiracy is a Class C misdemeanor.
(Acts 1977, No. 607, p. 812, §1015.)Section 13A-4-4Section 13A-4-4
Conspiracy formed in this state to commit crime elsewhere indictable here.
A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state.
(Code 1896, §4430; Code 1907, §6472; Code 1923, §3573; Code 1940, T. 14, §102; Code 1975, §13-9-23.)Section 13A-4-5Section 13A-4-5
Consummation of object offense not defense to prosecution; multiple convictions on basis of same course of conduct.
(a) It is no defense to a prosecution for criminal solicitation, Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the offense solicited, attempted or conspired was actually committed.
(b) A person may not be convicted on the basis of the same course of conduct of both the actual commission of an offense and:
(1) An attempt to commit the offense; or
(2) Criminal solicitation of the offense; or
(3) Criminal conspiracy of the offense.
(c) A person may not be convicted of more than one of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct designed to commit or to cause the commission of the same crime.
(Acts 1977, No. 607, p. 812, §1020.) 
