California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A client, a disgruntled employee, decides to set fire to his employer's warehouse. He pours gasoline around the perimeter but, before he can light it, he is apprehended by security guards. What is the most serious inchoate crime the client has likely committed?
- ANo crime, as no damage occurred
- BConspiracy
- CAttempt
- DSolicitation
Show answer & explanationAnswer & explanation
Correct answer: C. Attempt
The client has taken a substantial step towards committing arson by pouring gasoline, demonstrating a clear intent to complete the crime. This satisfies the elements of criminal attempt. Solicitation requires asking another to commit a crime, and conspiracy requires an agreement with another.
Why the other options are wrong
- A. Attempt crimes are designed to punish individuals who have moved beyond mere preparation, even if the target crime is not completed.
- B. Conspiracy involves an agreement between two or more people to commit an unlawful act.
- D. Solicitation involves inviting, requesting, or urging another to commit a crime.
Attempt (Criminal)
An inchoate crime consisting of an intent to commit a crime and a substantial step taken towards its commission, but the crime is not completed.
- Requires specific intent to commit the target crime.
- Requires an overt act that goes beyond mere preparation.
- The crime can be impossible to complete, but attempt still applies if the defendant believes it's possible.
Memory trick: Crimes unripened, intent's first step.