Relationship to Inchoate Crimes

Relationship to Inchoate Crimes

Relationship to Inchoate Crimes

  1. test1 017 (Side 17)Attempts. For an accused to be guilty as an aider and abettor to an attempt, the actual perpetrator must have actually attempted the commission of the underlying offense. United States v. Jones, 37 M.J. 459 (C.M.A. 1993). Accused aided and abetted perpetrator who took “substantial step” with intent to distribute cocaine to an undercover officer. Perpetrator’s failure to go through with the transaction did nothing to alter her or accused’s liability.
  2. Solicitation.
    1. The crime of solicitation is complete when the solicitation or advice is communicated. Conviction as a principal for aiding and abetting, however, requires that the completion or attempt of a crime.
    2. Solicitation pertains to inducing an action in the future; aiding and abetting pertains to involvement in ongoing activity. United States v. Dean, 44 M.J. 683 (A. Ct. Crim. App. 1996) (holding that accused’s call to her co-conspirator “don’t let him get into the door” made during ongoing beating was aiding and abetting rather than solicitation). Solicitation may exist even when the object is predisposed to the crime. United States v. Hays, 62 M.J. 158 (2005) (holding that appellant’s request for photographs of a sexual encounter between “JD” and a nine-year old girl imediately after the appellant’s inquiry into whether JD had engaged in sexual intercourse with the nine-year-old girl was a serious request to commit carnal knowledge). The court further stated that neither the MCM nor theUCMJ (2015) UCMJ precludes a conviction for solicitation because the object is predisposed towards the crime (rejecting the requirement set forth in Dean, 44 M.J. 683 (A. Ct. Crim. App. 1996)).