Chapter 4 - Criminal , Attempt, Conspiracy and Solicitation
16-4-8 Conspiracy to commit a crime
(1) Conspiring to commit any crime (2) together with one or more persons (3) when one of the conspirators commits an overt act to effect the object of the conspiracy.
16-4-10. Domestic terrorism; penalty
(1) Is intended or reasonably likely to injure or kill not less than ten individuals as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics; and (2)(A) Is intended to intimidate the civilian population of this state, any of its political subdivisions, or of the United States; (B) Is intended to alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or (C) Is intended to affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping.
16-4-7 Criminal Solicitation
(1) With intent that another person engage in a felony, (2) soliciting, requesting, commanding, importuning or otherwise attempting to cause the other person to engage in such conduct
16-4-1 Criminal Attempt
(1) With intent to commit a specific crime, (2) performing any act which constitutes a substantial step toward the commission of that crime.
16-4-6 Punishment
1) Capital Felony: a) 1-30 Years if attempted to commit felony punishable by death or life 2) Felony: a) 1 to 1/2 maximum years allowed if crime had been completed 3) Misdemeanor Criminal attempt to commit a misdemeanor is punished as a misdemeanor.
16-4-9 Withdrawal by coconspirator from agreement to commit crime
Defense - A coconspirator may be relieved from the effects of Code Section 16-4-8 if he can show that before the overt act occurred he withdrew his agreement to commit a crime.
16-4-4 Impossibility as an defense
It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be.
16-4-5 Abandonment of effort to commit a crime as an affirmative defense
When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.
