2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 9 - Inchoate Crimes
901 - Criminal attempt.


                                CHAPTER 9
                             INCHOATE CRIMES

     Sec.
     901.  Criminal attempt.
     902.  Criminal solicitation.
     903.  Criminal conspiracy.
     904.  Incapacity, irresponsibility or immunity of party to
            solicitation or conspiracy.
     905.  Grading of criminal attempt, solicitation and conspiracy.
     906.  Multiple convictions of inchoate crimes barred.
     907.  Possessing instruments of crime.
     908.  Prohibited offensive weapons.
     908.1. Use or possession of electric or electronic
            incapacitation device.
     909.  Manufacture, distribution or possession of master keys
            for motor vehicles.
     910.  Manufacture, distribution, use or possession of devices for
            theft of telecommunications services.
     911.  Corrupt organizations.
     912.  Possession of weapon on school property.
     913.  Possession of firearm or other dangerous weapon in court
            facility.

        Enactment.  Chapter 9 was added December 6, 1972, P.L.1482,
     No.334, effective in six months.
        Cross References.  Chapter 9 is referred to in section 3218
     of this title.
     § 901.  Criminal attempt.
        (a)  Definition of attempt.--A person commits an attempt
     when, with intent to commit a specific crime, he does any act
     which constitutes a substantial step toward the commission of
     that crime.
        (b)  Impossibility.--It shall not be a defense to a charge of
     attempt that because of a misapprehension of the circumstances
     it would have been impossible for the accused to commit the
     crime attempted.
        (c)  Renunciation.--
            (1)  In any prosecution for an attempt to commit a crime,
        it is a defense that, under circumstances manifesting a
        voluntary and complete renunciation of his criminal intent,
        the defendant avoided the commission of the crime attempted
        by abandoning his criminal effort and, if the mere
        abandonment was insufficient to accomplish such avoidance, by
        taking further and affirmative steps which prevented the
        commission thereof.
            (2)  A renunciation is not "voluntary and complete"
        within the meaning of this subsection if it is motivated in
        whole or part by:
                (i)  a belief that circumstances exist which increase
            the probability of detection or apprehension of the
            defendant or another participant in the criminal
            enterprise, or which render more difficult the
            accomplishment of the criminal purpose; or
                (ii)  a decision to postpone the criminal conduct
            until another time or to transfer the criminal effort to
            another victim or another but similar objective.

        Cross References.  Section 901 is referred to in sections
     5552, 6302 of Title 42 (Judiciary and Judicial Procedure).

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