# Title 12.1 — Criminal Code

## Chapter 12.1-06 — Criminal Attempt - Facilitation - Solicitation - Conspiracy

### § 12.1-06-01. Criminal attempt.

1. A person is guilty of criminal attempt if, acting with the kind of culpability otherwise
required for commission of a crime, he intentionally engages in conduct which, in fact,
constitutes a substantial step toward commission of the crime. A "substantial step" is
any conduct which is strongly corroborative of the firmness of the actor's intent to
complete the commission of the crime. Factual or legal impossibility of committing the
crime is not a defense, if the crime could have been committed had the attendant
circumstances been as the actor believed them to be.
2. A person who engages in conduct intending to aid another to commit a crime is guilty
of criminal attempt if the conduct would establish his complicity under section
guilty of committing or attempting the crime, for example, because he has a defense of
justification or entrapment.
3. Criminal attempt is an offense of the same class as the offense attempted, except that
(a) an attempt to commit a class AA felony is a class A felony and an attempt to
commit a class A felony is a class B felony; and (b) whenever it is established by a
preponderance of the evidence at sentencing that the conduct constituting the attempt
did not come dangerously close to commission of the crime, an attempt to commit a
class B felony shall be a class C felony and an attempt to commit a class C felony
shall be a class A misdemeanor.
### § 12.1-06-02. Criminal facilitation.

1. A person is guilty of criminal facilitation if he knowingly provides substantial assistance
to a person intending to commit a felony and that person, in fact, commits the crime
contemplated, or a like or related felony, employing the assistance so provided. The
ready lawful availability from others of the goods or services provided by a defendant
is a factor to be considered in determining whether or not his assistance was
substantial. This section does not apply to a person who is either expressly or by
implication made not accountable by the statute defining the felony facilitated or
related statutes.
2. Except as otherwise provided, it is no defense to a prosecution under this section that
the person whose conduct the defendant facilitated has been acquitted, has not been
prosecuted or convicted, has been convicted of a different offense, is immune from
prosecution, or is otherwise not subject to justice.
3. Facilitation of a class A felony is a class C felony. Facilitation of a class B or class C
felony is a class A misdemeanor.
### § 12.1-06-03. Criminal solicitation.

1. A person is guilty of criminal solicitation if he commands, induces, entreats, or
otherwise attempts to persuade another person to commit a particular felony, whether
as principal or accomplice, with intent to promote or facilitate the commission of that
felony, under circumstances strongly corroborative of that intent, and if the person
solicited commits an overt act in response to the solicitation.
2. It is a defense to a prosecution under this section that, if the criminal object were
achieved, the defendant would be a victim of the offense, or the offense is so defined
that his conduct would be inevitably incident to its commission, or he otherwise would
not be guilty under the statute defining the offense or as an accomplice under section
12.1-03-01.
3. It is no defense to a prosecution under this section that the person solicited could not
be guilty of the offense because of lack of responsibility or culpability, or other
incapacity or defense.
4. Criminal solicitation is an offense of the class next below that of the offense solicited.

### § 12.1-06-04. Criminal conspiracy.

1. A person commits conspiracy if he agrees with one or more persons to engage in or
cause conduct which, in fact, constitutes an offense or offenses, and any one or more
of such persons does an overt act to effect an objective of the conspiracy. The
agreement need not be explicit but may be implicit in the fact of collaboration or
existence of other circumstances.
2. If a person knows or could expect that one with whom he agrees has agreed or will
agree with another to effect the same objective, he shall be deemed to have agreed
with the other, whether or not he knows the other's identity.
3. A conspiracy shall be deemed to continue until its objectives are accomplished,
frustrated, or abandoned. "Objectives" includes escape from the scene of the crime,
distribution of booty, and measures, other than silence, for concealing the crime or
obstructing justice in relation to it. A conspiracy shall be deemed abandoned if no overt
act to effect its objectives has been committed by any conspirator during the applicable
period of limitations.
4. It is no defense to a prosecution under this section that the person with whom such
person is alleged to have conspired has been acquitted, has not been prosecuted or
convicted, has been convicted of a different offense, is immune from prosecution, or is
otherwise not subject to justice.
5. Accomplice liability for offenses committed in furtherance of the conspiracy is to be
determined as provided in section 12.1-03-01.
6. Conspiracy is an offense of the same class as the crime which was the objective of the
conspiracy.
### § 12.1-06-05. General provisions.

1. The definition of an offense in sections 12.1-06-01 to 12.1-06-04 does not apply to
another offense also defined in sections 12.1-06-01 to 12.1-06-04.
2. Whenever "attempt" or "conspiracy" is made an offense outside this chapter, it means
attempt or conspiracy, as the case may be, as defined in this chapter.
3. a. Other than as provided in subsection 4, in a prosecution under section
12.1-06-01, it is an affirmative defense that, under circumstances manifesting a
voluntary and complete renunciation of criminal intent, the defendant avoided the
commission of the crime attempted by abandoning any criminal effort and, if mere
abandonment was insufficient to accomplish such avoidance, by taking further
and affirmative steps which prevented the commission thereof.
b. Other than as provided in subsection 4, in a prosecution under section 12.1-06-03
or 12.1-06-04, it is an affirmative defense that, under circumstances manifesting a
voluntary and complete renunciation of criminal intent, the defendant prevented
the commission of the crime solicited or of the crime or crimes contemplated by
the conspiracy.
c. A renunciation is not "voluntary and complete" within the meaning of this section if
it is motivated in whole or in part by (1) a belief that a circumstance exists which
increases the probability of detection or apprehension of the defendant or another
participant in the criminal operation, or which makes more difficult the
consummation of the crime, or (2) a decision to postpone the criminal conduct
until another time or to substitute another victim, or another but similar objective.
4. An individual is immune from prosecution under this chapter if:
a. The individual voluntarily and completely renounced the individual's criminal
intent;
b. The individual is a student enrolled in an elementary school, middle school, or a
high school in this state or is enrolled at an institution of higher education in this
state;
c. The offense would have resulted in:
(1) Harm to another student enrolled in an elementary school, middle school, or
a high school in this state;

(2) Harm to another student enrolled in an institution of higher education in this
state;
(3) Harm to an employee of a school district or a nonpublic school in this state;
(4) Harm to an employee of an institution of higher education in this state; or
(5) Damage to property of a school district in this state or property of an
institution of higher education in this state; and
d. The renunciation was given to a law enforcement officer, to an administrator of a
school or school district in this state, or to an official of an institution of higher
education in this state before any harm to others or damage to property occurs.
