An inchoate offence is the
crime of preparing for or seeking to commit another crime. It has been defined as "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."A true inchoate offence occurs when the intended crime is not perpetrated since the Doctrine of Merger prohibits charging both, except for
conspiracy.Absent a specific law, an inchoate offence requires that the defendant have the
specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of
solicitation of murder, he or she must actually intend for that person to die.
Specific intent may be inferred from circumstances.
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