2005 Texas Penal Code CHAPTER 15. PREPARATORY OFFENSES

PENAL CODE

TITLE 4. INCHOATE OFFENSES

CHAPTER 15. PREPARATORY OFFENSES


	§ 15.01. CRIMINAL ATTEMPT.  (a) A person commits an 
offense if, with specific intent to commit an offense, he does an 
act amounting to more than mere preparation that tends but fails to 
effect the commission of the offense intended.
	(b)  If a person attempts an offense that may be aggravated, 
his conduct constitutes an attempt to commit the aggravated offense 
if an element that aggravates the offense accompanies the attempt.
	(c)  It is no defense to prosecution for criminal attempt 
that the offense attempted was actually committed.
	(d)  An offense under this section is one category lower than 
the offense attempted, and if the offense attempted is a state jail 
felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1975, 64th Leg., p. 478, ch. 203, § 4, eff. Sept. 
1, 1975;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 15.02. CRIMINAL CONSPIRACY.  (a) A person commits 
criminal conspiracy if, with intent that a felony be committed:
		(1)  he agrees with one or more persons that they or one 
or more of them engage in conduct that would constitute the offense;  
and
		(2)  he or one or more of them performs an overt act in 
pursuance of the agreement.
	(b)  An agreement constituting a conspiracy may be inferred 
from acts of the parties.
	(c)  It is no defense to prosecution for criminal conspiracy 
that:           
		(1)  one or more of the coconspirators is not 
criminally responsible for the object offense;
		(2)  one or more of the coconspirators has been 
acquitted, so long as two or more coconspirators have not been 
acquitted;
		(3)  one or more of the coconspirators has not been 
prosecuted or convicted, has been convicted of a different offense, 
or is immune from prosecution;
		(4)  the actor belongs to a class of persons that by 
definition of the object offense is legally incapable of committing 
the object offense in an individual capacity;  or
		(5)  the object offense was actually committed.                               
	(d)  An offense under this section is one category lower than 
the most serious felony that is the object of the conspiracy, and if 
the most serious felony that is the object of the conspiracy is a 
state jail felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 15.03. CRIMINAL SOLICITATION.  (a) A person commits an 
offense if, with intent that a capital felony or felony of the first 
degree be committed, he requests, commands, or attempts to induce 
another to engage in specific conduct that, under the circumstances 
surrounding his conduct as the actor believes them to be, would 
constitute the felony or make the other a party to its commission.
	(b)  A person may not be convicted under this section on the 
uncorroborated testimony of the person allegedly solicited and 
unless the solicitation is made under circumstances strongly 
corroborative of both the solicitation itself and the actor's 
intent that the other person act on the solicitation.
	(c)  It is no defense to prosecution under this section that:                  
		(1)  the person solicited is not criminally responsible 
for the felony solicited;
		(2)  the person solicited has been acquitted, has not 
been prosecuted or convicted, has been convicted of a different 
offense or of a different type or class of offense, or is immune 
from prosecution;
		(3)  the actor belongs to a class of persons that by 
definition of the felony solicited is legally incapable of 
committing the offense in an individual capacity;  or
		(4)  the felony solicited was actually committed.                             
	(d)  An offense under this section is:                                         
		(1)  a felony of the first degree if the offense 
solicited is a capital offense;  or
		(2)  a felony of the second degree if the offense 
solicited is a felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 462, § 1, eff. Sept. 1, 
1993;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


	§ 15.031. CRIMINAL SOLICITATION OF A MINOR.  (a) A person 
commits an offense if, with intent that an offense listed by Section 
3g(a)(1), Article 42.12, Code of Criminal Procedure, be committed, 
the person requests, commands, or attempts to induce a minor to 
engage in specific conduct that, under the circumstances 
surrounding the actor's conduct as the actor believes them to be, 
would constitute an offense listed by Section 3g(a)(1), Article 
42.12, or make the minor a party to the commission of an offense 
listed by Section 3g(a)(1), Article 42.12.
	(b)  A person commits an offense if, with intent that an 
offense under Section 21.11, 22.011, 22.021, or 43.25 be committed, 
the person by any means requests, commands, or attempts to induce a 
minor or another whom the person believes to be a minor to engage in 
specific conduct that, under the circumstances surrounding the 
actor's conduct as the actor believes them to be, would constitute 
an offense under one of those sections or would make the minor or 
other believed by the person to be a minor a party to the commission 
of an offense under one of those sections.
	(c)  A person may not be convicted under this section on the 
uncorroborated testimony of the minor allegedly solicited unless 
the solicitation is made under circumstances strongly 
corroborative of both the solicitation itself and the actor's 
intent that the minor act on the solicitation.
	(d)  It is no defense to prosecution under this section that:                  
		(1)  the minor solicited is not criminally responsible 
for the offense solicited;
		(2)  the minor solicited has been acquitted, has not 
been prosecuted or convicted, has been convicted of a different 
offense or of a different type or class of offense, or is immune 
from prosecution;
		(3)  the actor belongs to a class of persons that by 
definition of the offense solicited is legally incapable of 
committing the offense in an individual capacity;  or
		(4)  the offense solicited was actually committed.                            
	(e)  An offense under this section is one category lower than 
the solicited offense.
	(f)  In this section, "minor" means an individual younger 
than 17 years of age.

Added by Acts 1995, 74th Leg., ch. 262, § 79, eff. Jan. 1, 1996.  
Amended by Acts 1999, 76th Leg., ch. 1415, § 22(a), eff. Sept. 1, 
1999.


	§ 15.04. RENUNCIATION DEFENSE.  (a) It is an affirmative 
defense to prosecution under Section 15.01 that under circumstances 
manifesting a voluntary and complete renunciation of his criminal 
objective the actor avoided commission of the offense attempted by 
abandoning his criminal conduct or, if abandonment was insufficient 
to avoid commission of the offense, by taking further affirmative 
action that prevented the commission.
	(b)  It is an affirmative defense to prosecution under 
Section 15.02 or 15.03 that under circumstances manifesting a 
voluntary and complete renunciation of his criminal objective the 
actor countermanded his solicitation or withdrew from the 
conspiracy before commission of the object offense and took further 
affirmative action that prevented the commission of the object 
offense.
	(c)  Renunciation is not voluntary if it is motivated in 
whole or in part:   
		(1)  by circumstances not present or apparent at the 
inception of the actor's course of conduct that increase the 
probability of detection or apprehension or that make more 
difficult the accomplishment of the objective;  or
		(2)  by a decision to postpone the criminal conduct 
until another time or to transfer the criminal act to another but 
similar objective or victim.
	(d)  Evidence that the defendant renounced his criminal 
objective by abandoning his criminal conduct, countermanding his 
solicitation, or withdrawing from the conspiracy before the 
criminal offense was committed and made substantial effort to 
prevent the commission of the object offense shall be admissible as 
mitigation at the hearing on punishment if he has been found guilty 
of criminal attempt, criminal solicitation, or criminal 
conspiracy;  and in the event of a finding of renunciation under 
this subsection, the punishment shall be one grade lower than that 
provided for the offense committed.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 15.05. NO OFFENSE.  Attempt or conspiracy to commit, or 
solicitation of, a preparatory offense defined in this chapter is 
not an offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.