AS Title 11, Chapter 31: Attempt, Solicitation, and Conspiracy

Chapter 31. Attempt, Solicitation, and Conspiracy. Sec. 11.31.100. Attempt. (a) A person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime. (b) In a prosecution under this section, it is not a defense that it was factually or legally impossible to commit the crime which was the object of the attempt if the conduct engaged in by the defendant would be a crime had the circumstances been as the defendant believed them to be. (c) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, prevented the commission of the attempted crime. (d) An attempt is (1) an unclassified felony if the crime attempted is murder in the first degree; (2) a class A felony if the crime attempted is an unclassified felony other than murder in the first degree; (3) a class B felony if the crime attempted is a class A felony; (4) a class C felony if the crime attempted is a class B felony; (5) a class A misdemeanor if the crime attempted is a class C felony; (6) a class B misdemeanor if the crime attempted is a class A or class B misdemeanor. (e) If the crime attempted is an unclassified crime described in a state law which is not part of this title and no provision for punishment of an attempt to commit the crime is specified, the punishment for the attempt is imprisonment for a term of not more than half the maximum period prescribed as punishment for the unclassified crime, or a fine of not more than half the amount of the maximum fine prescribed as punishment for the unclassified crime, or both. If the crime attempted is punishable by an indeterminate or life term, the attempt is a class A felony. Sec. 11.31.110. Solicitation. (a) A person commits the crime of solicitation if, with intent to cause another to engage in conduct constituting a crime, the person solicits the other to engage in that conduct. (b) In a prosecution under this section, (1) it is not a defense (A) that the defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the solicitation; or (B) that a person whom the defendant solicits could not be guilty of the crime that is the object of the solicitation; (2) it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, after soliciting another person to engage in conduct constituting a crime, prevented the commission of the crime. (c) Solicitation is (1) an unclassified felony if the crime solicited is murder in the first degree; (2) a class A felony if the crime solicited is an unclassified felony other than murder in the first degree; (3) a class B felony if the crime solicited is a class A felony; (4) a class C felony if the crime solicited is a class B felony; (5) a class A misdemeanor if the crime solicited is a class C felony; (6) a class B misdemeanor if the crime solicited is a class A or class B misdemeanor. (d) If the crime solicited is an unclassified crime described in a state law which is not part of this title and no provision for punishment of a solicitation to commit the crime is specified, the punishment for the solicitation is imprisonment for a term of not more than half the maximum period prescribed as punishment for the unclassified crime, or a fine of not more than half the maximum fine prescribed as punishment for the unclassified crime, or both. If the crime solicited is punishable by an indeterminate or life term, the solicitation is a class A felony. Sec. 11.31.120. Conspiracy. (a) An offender commits the crime of conspiracy if, with the intent to promote or facilitate a serious felony offense, the offender agrees with one or more persons to engage in or cause the performance of that activity and the offender or one of the persons does an overt act in furtherance of the conspiracy. (b) If an offender commits the crime of conspiracy and knows that a person with whom the offender conspires to commit a serious felony offense has conspired or will conspire with another person or persons to commit the same serious felony offense, the offender is guilty of conspiring with that other person or persons to commit that crime whether or not the offender knows their identities. (c) In a prosecution under this section, it is a defense that the defendant was merely present at the time that two or more other persons agreed to engage in or cause the performance of a serious felony offense. (d) In a prosecution under this section, it is not a defense that a person with whom the defendant conspires could not be guilty of the crime that is the object of the conspiracy because of (1) lack of criminal responsibility or other legal incapacity or exemption; (2) belonging to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the conspiracy; (3) unawareness of the criminal nature of the conduct in question or of the criminal purpose of the defendant; or (4) any other factor precluding the culpable mental state required for the commission of the crime. (e) If the offense that the conspiracy is intended to promote or facilitate is actually committed, a defendant may not be convicted of conspiring to commit that offense with another person for whose conduct the defendant is not legally accountable under AS 11.16.120 (b). (f) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, either (1) gave timely warning to law enforcement authorities; or (2) otherwise made proper effort that prevented the commission of the crime that was the object of the conspiracy. Renunciation by one conspirator does not affect the liability of another conspirator who does not join in the renunciation. (g) Notwithstanding AS 22.10.030 , venue in actions in which the crime of conspiracy is alleged to have been committed may not be based solely on the location of overt acts done in furtherance of the conspiracy. (h) In this section, (1) “overt act in furtherance of the conspiracy” means an act of such character that it manifests a purpose on the part of the actor that the object of the conspiracy be completed; (2) “serious felony offense” means an offense (A) against the person under AS 11.41 , punishable as an unclassified or class A felony; (B) involving controlled substances under AS 11.71 , punishable as an unclassified, class A, or class B felony; (C) that is criminal mischief in the first degree under AS 11.46.475 ; (D) that is terroristic threatening in the first degree under AS 11.56.807 ; (E) that is human trafficking in the first degree under AS 11.41.360 ; (F) that is sex trafficking in the first degree under AS 11.66.110 ; or (G) that is arson in the first degree under AS 11.46.400 or arson in the second degree under AS 11.46.410 . (i) Conspiracy is (1) an unclassified felony if the object of the conspiracy is murder in the first degree; (2) a class A felony if the object of the conspiracy is a crime punishable as an unclassified felony other than murder in the first degree; (3) a class B felony if the object of the conspiracy is a crime punishable as a class A felony; (4) a class C felony if the object of the conspiracy is a crime punishable as a class B felony. Sec. 11.31.125. Duration of conspiracy for purposes of limitations of actions. (a) For purposes of applying AS 12.10 governing limitations of actions, in a prosecution under AS 11.31.120 , the statute of limitations begins to run (1) when all the crimes that are serious felony offenses that are its objects are completed; (2) if all the crimes that are its objects are not completed, when the last overt act in furtherance of the conspiracy is done by the defendant or any of the other coconspirators; or (3) when the defendant informs law enforcement authorities of the existence of the conspiracy and of the defendant's participation in it. (b) In this section, “overt act in furtherance of the conspiracy” has the meaning given in AS 11.31.120 . Sec. 11.31.140. Multiple convictions barred. (a) It is not a defense to a prosecution under AS 11.31.100 — 11.31.120 that the crime the defendant attempted to commit, solicited to commit, or conspired to commit was actually committed pursuant to the attempt, solicitation, or conspiracy. (b) A person may not be convicted of more than one crime defined by AS 11.31.100 — 11.31.120 for conduct designed to commit or culminate in commission of the same crime. (c) A person may not be convicted on the basis of the same course of conduct of both (1) a crime defined by AS 11.31.100 or 11.31.110; and (2) the crime that is the object of the attempt or solicitation. (d) This section does not bar inclusion of multiple counts in a single indictment or information charging commission of a crime defined by AS 11.31.100 — 11.31.120 and commission of the crime that is the object of the attempt, conspiracy, or solicitation. Sec. 11.31.150. Substantive crimes involving attempt or solicitation. Notwithstanding AS 11.31.140 (d), (1) a person may not be charged under AS 11.31.100 if the crime allegedly attempted by the defendant is defined in such a way that an attempt to engage in the proscribed conduct constitutes commission of the crime itself; (2) a person may not be charged under AS 11.31.110 if the solicitation in question is defined as a specific crime under other provisions of law.