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An inchoate offense, inchoate offence, preliminary crime, or inchoate crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" 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."〔See lists and chapters of texts at McCord and McCord, ''Infra,'' pp. 185-213, and Schmalleger, ''Infra'', pp. 105-161, 404.〕 ==Intent== (詳細はmens rea'' of intent or of recklessness, but most typically intent. Absent a specific law, an inchoate offense 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 have intended for a person to die. Attempt,〔"§ 110.00 Attempt to commit a crime. A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime." N.Y. Penal L. § 110.00. Found at New York State Assembly government web site. Retrieved on 2010-11-01 from http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLPEN+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=39445639+&TARGET=VIEW.〕 conspiracy,〔See, ''e.g.'', "§ 105.00 Conspiracy in the sixth degree. A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct. Conspiracy in the sixth degree is a class B misdemeanor." N.Y. Penal L. § 105.00. Found at New York State Assembly government web site. Retrieved on 2010-11-01 from http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLPEN+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=39445639+&TARGET=VIEW.〕 and solicitation〔See, ''e.g.'', "§ 100.00 Criminal solicitation in the fifth degree. A person is guilty of criminal solicitation in the fifth degree when, with intent that another person engage in conduct constituting a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. Criminal solicitation in the fifth degree is a violation." N.Y. Penal L. § 100.00. Found at New York State Assembly government web site. Retrieved on 2010-11-01 from http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLPEN+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=39445639+&TARGET=VIEW.〕 all require ''mens rea''.〔James W.H. McCord and Sandra L. McCord, ''Criminal Law and Procedure for the paralegal: a systems approach'', pp. 187, 194-195, 205, respectively. (3d ed. Thomson Delmar Learning 2006) ISBN 978-1-4018-6564-1. Found at Google Books. Retrieved on 2010-11-01 from http://books.google.com/books?id=tBwyPwAACAAJ.〕 On the other hand, RICO merely requires "knowing",〔James W.H. McCord and Sandra L. McCord, ''Criminal Law and Procedure for the paralegal: a systems approach'', ''supra'', p. 206, citing ''United States v. Anguilo'' (1st Cir. 1988).〕 that is, recklessness. Facilitation also requires "believing",〔See, ''e.g.'', "§ 115.00 Criminal facilitation in the fourth degree. A person is guilty of criminal facilitation in the fourth degree when, believing it probable that he is rendering aid ...." N.Y. Penal L. § 115.00. Found at New York State Assembly government web site. Retrieved on 2010-11-01 from http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLPEN+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=39445639+&TARGET=VIEW.〕 yet another way of saying reckless. Intent may be distinguished from recklessness and criminal negligence as a higher ''mens rea''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「inchoate offense」の詳細全文を読む スポンサード リンク
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