MODEL PENAL CODE
Section 5.01. Criminal Attempt.
(1) Definition of Attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
(a) purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or
(b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or
(c) purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
(2) Conduct Which May Be Held Substantial Step Under Subsection (1)(c). Conduct shall not be held to constitute a substantial step under Subsection (1)(c) of this Section unless it is strongly corroborative of the actor's criminal purpose. Without negativing the sufficiency of other conduct, the following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law:
(a) lying in wait, searching for or following the contemplated victim of the crime;
(b) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;
(c) reconnoitering the place contemplated for the commission of the crime;
(d) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;
(e) possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances;
(f) possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances;
(g) soliciting an innocent agent to engage in conduct constituting an element of the crime.
(3) Conduct Designed
to Aid Another in Commission of a Crime. A person who engages
in conduct designed to aid another to commit a crime which would establish
his complicity under Section 2.06
if the crime were committed by such other person, is guilty of an attempt
to commit the crime, although the crime is not committed or attempted by
such other person.
(4) Renunciation of Criminal Purpose. When the actor's conduct would otherwise constitute an attempt under Subsection (1)(b) or (1)(c) of this Section, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.
Within the meaning of this Article, renunciation of criminal
purpose is not voluntary if it is motivated, in whole or in part, by circumstances,
not present or apparent at the inception of the actor's course of conduct,
which increase the probability of detection or apprehension or which make
more difficult the accomplishment of the criminal purpose. Renunciation
is not complete if it is motivated by a decision to postpone the criminal
conduct until a more advantageous time or to transfer the criminal effort
to another but similar objective or victim.
Section 5.02. Criminal Solicitation.
(1) Definition of Solicitation. A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.
(2) Uncommunicated Solicitation. It is immaterial under Subsection (1) of this Section that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communication.
of Criminal Purpose. It is an affirmative
defense that the actor, after soliciting another person to commit a
crime, persuaded him not to do so or otherwise prevented the commission
of the crime, under circumstances manifesting a complete and voluntary
renunciation of his criminal purpose.
Section 5.03. Criminal Conspiracy.
(1) Definition of Conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
(a) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(b) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
(2) Scope of Conspiratorial Relationship. If a person guilty of conspiracy, as defined by Subsection (1) of this Section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.
(3) Conspiracy With Multiple Criminal Objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.
(4) Joinder and Venue in Conspiracy Prosecutions.
(a) Subject to the provisions of paragraph (b) of this Subsection, two or more persons charged with criminal conspiracy may be prosecuted jointly if:
(i) they are charged with conspiring with one another; or
(ii) the conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct.
(b) In any joint prosecution under paragraph (a) of this Subsection:
(i) no defendant shall be charged with a conspiracy in any county [parish or district] other than one in which he entered into such conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; and
(ii) neither the liability of any defendant nor the admissibility against him of evidence of acts or declarations of another shall be enlarged by such joinder; and
(iii) the Court shall order a severance or take a special verdict as to any defendant who so requests, if it deems it necessary or appropriate to promote the fair determination of his guilt or innocence, and shall take any other proper measures to protect the fairness of the trial.
(5) Overt Act. No person may be convicted of conspiracy to commit a crime, other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.
(6) Renunciation of Criminal Purpose. It is an affirmative defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
(7) Duration of Conspiracy. For purposes of Section 1.06(4):
(a) conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and
(b) such abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and
(c) if an individual abandons the agreement, the
conspiracy is terminated as to him only if and when he advises those with
whom he conspired of his abandonment or he informs the law enforcement
authorities of the existence of the conspiracy and of his participation
Section 5.04. Incapacity, Irresponsibility or Immunity of Party to Solicitation or Conspiracy.
(1) Except as provided in Subsection (2) of this Section, it
is immaterial to the liability of a person who solicits
or conspires with another to commit
a crime that:
(a) he or the person whom he solicits or with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or
(b) the person whom he solicits or with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.
(2) It is a defense to a charge of solicitation or conspiracy
to commit a crime that if the criminal object were achieved, the actor
would not be guilty of a crime under the law defining the offense or as
an accomplice under Section 2.06(5)
or 2.06(6)(a) or (b).
Section 5.05. Grading of Criminal Attempt, Solicitation and Conspiracy; Mitigation in Cases of Lesser Danger; Multiple Convictions Barred.
(1) Grading. Except as otherwise provided in this Section, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy. An attempt, solicitation or conspiracy to commit a [capital crime or a] felony of the first degree is a felony of the second degree.
(2) Mitigation. If the particular conduct charged to constitute a criminal attempt, solicitation or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense under this Section, the Court shall exercise its power under Section 6.12 to enter judgment and impose sentence for a crime of lower grade or degree or, in extreme cases, may dismiss the prosecution.
(3) Multiple Convictions.
A person may not be convicted of more than one offense defined by this
Article for conduct designed to commit or to culminate in the commission
of the same crime.
Section 5.06. Possessing Instruments of Crime; Weapons.
(1) Criminal Instruments Generally. A person commits a misdemeanor if he possesses any instrument of crime with purpose to employ it criminally. "Instrument of crime" means:
(a) anything specially made or specially adapted for criminal use; or
(b) anything commonly used for criminal purposes and possessed by the actor under circumstances which do not negative unlawful purpose.
(2) Presumption of Criminal Purpose from Possession of Weapon. If a person possesses a firearm or other weapon on or about his person, in a vehicle occupied by him, or otherwise readily available for use, it is presumed that he had the purpose to employ it criminally, unless:
(a) the weapon is possessed in the actor's home or place of business;
(b) the actor is licensed or otherwise authorized by law to possess such weapon; or
(c) the weapon is of a type commonly used in lawful sport.
"Weapon" means anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have; the term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.
(3) Presumptions as to Possession of Criminal Instruments in Automobiles. Where a weapon or other instrument of crime is found in an automobile, it shall be presumed to be in the possession of the occupant if there is but one. If there is more than one occupant, it shall be presumed to be in the possession of all, except under the following circumstances:
(a) where it is found upon the person of one of the occupants;
(b) where the automobile is not a stolen one and the weapon or instrument is found out of view in a glove compartment, car trunk, or other enclosed customary depository, in which case it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the automobile;
(c) in the case of a taxicab, a weapon or instrument
found in the passengers' portion of the vehicle shall be presumed
to be in the possession of all the passengers, if there are any, and, if
not, in the possession of the driver.
Section 5.07. Prohibited Offensive Weapons.
A person commits a misdemeanor
if, except as authorized by law, he makes, repairs, sells, or otherwise
deals in, uses, or possesses any offensive weapon. "Offensive weapon"
means any bomb, machine gun, sawed-off shotgun, firearm specially made
or specially adapted for concealment or silent discharge, any blackjack,
sandbag, metal knuckles, dagger, or other implement for the infliction
of serious bodily injury which serves no common lawful purpose. It
is a defense under this Section for the defendant to prove by a preponderance
of evidence that he possessed or dealt with the weapon solely as a curio
or in a dramatic performance, or that he possessed it briefly in consequence
of having found it or taken it from an aggressor, or under circumstances
similarly negativing any purpose or likelihood that the weapon would be
used unlawfully. The presumptions provided in Section 5.06(3)
are applicable to prosecutions under this Section.
Section 211.0. Definitions.
In this Article, the definitions given in Section 210.0
apply unless a different meaning plainly is required.
Section 211.1. Assault.
(1) Simple Assault. A person is guilty of assault if he:
(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(b) negligently causes bodily injury to another with a deadly weapon; or
(c) attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.
(2) Aggravated Assault. A person is guilty of aggravated assault if he:
(a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or
(b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.
Aggravated assault under paragraph (a) is a felony
of the second degree; aggravated assault under paragraph (b) is a
felony of the third degree.
Section 211.2. Recklessly Endangering Another Person.
A person commits a misdemeanor
if he recklessly engages in conduct
which places or may place another person in danger of death or serious
bodily injury. Recklessness and danger shall be presumed
where a person knowingly points a firearm at or in the direction of another,
whether or not the actor believed the firearm to be loaded.
Section 211.3. Terroristic Threats.
A person is guilty of a felony
of the third degree if he threatens to commit any crime of violence with
purpose to terrorize another or
to cause evacuation of a building,
place of assembly, or facility of public transportation, or otherwise to
cause serious public inconvenience, or in reckless disregard of the risk
of causing such terror or inconvenience.
Section 212.5. Criminal Coercion.
(1) Offense Defined. A person is guilty of criminal coercion if, with purpose unlawfully to restrict another's freedom of action to his detriment, he threatens to:
(a) commit any criminal offense; or
(b) accuse anyone of a criminal offense; or
(c) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or
(d) take or withhold action as an official, or cause an official to take or withhold action.
It is an affirmative defense to prosecution based on paragraphs (b), (c) or (d) that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.
(2) Grading. Criminal coercion is a misdemeanor
unless the threat is to commit a felony or the actor's purpose is felonious,
in which cases the offense is a felony
of the third degree.
Section 220.2. Causing or Risking Catastrophe.
(1) Causing Catastrophe. A person who causes a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means of causing potentially widespread injury or damage, commits a felony of the second degree if he does so purposely or knowingly, or a felony of the third degree if he does so recklessly.
(2) Risking Catastrophe. A person is guilty of a misdemeanor if he recklessly creates a risk of catastrophe in the employment of fire, explosives or other dangerous means listed in Subsection (1).
(3) Failure to Prevent Catastrophe. A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate a catastrophe commits a misdemeanor if:
(a) he knows that he is under an official, contractual or other legal duty to take such measures; or
(b) he did or assented to the act causing or threatening the catastrophe.
Section 240.2. Threats and Other Improper Influence in Official and Political Matters.
(1) Offenses Defined. A person commits an offense if he:
(a) threatens unlawful harm to any person with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or
(b) threatens harm to any public servant with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding; or
(c) threatens harm to any public servant or party official with purpose to influence him to violate his known legal duty; or
(d) privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with purpose to influence the outcome on the basis of considerations other than those authorized by law.
It is no defense to prosecution under this Section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
(2) Grading. An offense under this Section is a misdemeanor
unless the actor threatened to commit a crime or made a threat with purpose
to influence a judicial or administrative
proceeding, in which cases the offense is a felony
of the third degree.
Section 250.2. Disorderly Conduct.
(1) Offense Defined. A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(a) engages in fighting or threatening, or in violent or tumultuous behavior; or
(b) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or
(c) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
(2) Grading. An offense under this section is a petty misdemeanor if the actor's purpose is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation