In Alabama, the law addresses not only completed criminal acts but also offenses that are left unfinished. These are known as inchoate crimes, which involve taking steps toward the commission of another crime, even if the final criminal objective is not achieved. This category of offenses allows law enforcement to intervene before a planned crime can be fully executed. Understanding these laws is important for grasping the full scope of criminal liability within the state.
Criminal Attempt in Alabama
Criminal attempt is an offense that occurs when an individual tries and fails to commit a crime. Alabama Code § 13A-4-2 establishes two primary components for the offense.1FindLaw. Alabama Code Title 13A. Criminal Code Section 13A-4-2 Attempt First, the prosecution must prove the individual had the specific intent to bring about a criminal result, meaning their actions were purposeful.
The second component is performing an “overt act” toward the commission of the intended crime. An overt act is a substantial step that moves beyond mere preparation. For example, driving to the location of a planned robbery could be an overt act, whereas just buying a weapon might be considered preparation. It is not a defense that the crime was impossible to complete if it could have been committed had circumstances been as the person believed.
Criminal Solicitation in Alabama
Criminal solicitation involves asking or encouraging someone else to commit a crime. Governed by Alabama Code § 13A-4-1, this offense requires intent for another person to engage in criminal conduct, combined with the act of soliciting them to perform the act.2FindLaw. Alabama Code Title 13A. Criminal Code § 13A-4-1 Criminal Solicitation The crime is in the asking, regardless of whether the solicited person agrees to or actually commits the target offense.
For instance, offering someone money to set fire to a building is solicitation, even if the person refuses or reports it to the police. A conviction for solicitation cannot rest solely on the uncorroborated testimony of the person who was solicited; there must be additional evidence supporting the claim.
Criminal Conspiracy in Alabama
A criminal conspiracy is an agreement between two or more people to commit a crime. According to Alabama Code § 13A-4-3, the offense has several elements.3Justia. Alabama Code § 13A-4-3 (2024) – Criminal Conspiracy Generally An individual must agree with at least one other person to engage in criminal conduct, with the intent that the crime be performed.
For a conspiracy to be prosecuted, at least one conspirator must perform an “overt act” to advance the agreement’s objective. This overt act does not have to be a crime itself; it can be a legal act, such as purchasing supplies, if it is done to further the conspiracy’s goal. A person can be part of a conspiracy even if they do not know the identities of all other co-conspirators.
Penalties for Inchoate Crimes in Alabama
The penalties for inchoate crimes in Alabama are directly linked to the seriousness of the underlying crime that was solicited, attempted, or conspired. The punishment is structured to be one classification level below the target offense. For example, an attempt to commit a Class A felony is a Class B felony, an attempt to commit a Class B felony is a Class C felony, and an attempt to commit a Class C felony is a Class D felony.
However, there is a notable exception. If the target crime is murder, the attempt, solicitation, or conspiracy to commit murder is classified as a Class A felony, the same as the completed act.
Understanding Renunciation in Alabama Inchoate Crime Law
Alabama law provides a path for an individual to avoid liability for an inchoate crime through renunciation, also known as abandonment. This is not simply having a change of heart; it requires specific actions. For a renunciation to be valid for criminal attempt, the person must have voluntarily and completely abandoned their criminal effort. If stopping is not enough to prevent the crime, the person must take further affirmative steps to ensure the offense is not committed.
The requirements for renunciation in a conspiracy case are similar but account for the involvement of others. A conspirator must have a voluntary and complete change of purpose and either provide a timely warning to law enforcement or make a substantial effort to prevent the crime. The renunciation of one conspirator does not absolve other members of the conspiracy who do not also abandon the plan.