PENAL CODE
TITLE 4. INCHOATE OFFENSES
CHAPTER 15. PREPARATORY OFFENSES

Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 478, ch. 203,
Sec. 4, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1,
eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 79, eff. Jan. 1, 1996.  Amended by Acts 1999, 76th Leg., ch. 1415, Sec.
22(a), eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
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