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ATTEMPTS, SOLICITATION, OBSTRUCTING JUSTICE, AND CONSPIRACY
CALIFORNIA CRIMINAL LAW CONCEPTS
CHAPTER 6
ATTEMPTS
Referred to as:
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“ _______
” CRIMES or
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_________________ CRIMES
See PC 21a & PC 664
21a PC REQUIREMENTS
An _____________ attempt to commit a crime with …
 a _________
intent to commit the crime, and
 a direct but _______________ act toward its commission
RATIONALE
1. Focus on “________________ reus” as it controls dangerous conduct
2. Justifies punishment because it controls dangerous persons “ ______________ rea”
664 PC ATTEMPT
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Every person who attempts to commit any crime, but fails, or is ____________ or
______________, is guilty of an attempt to commit a crime.
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Punishable by;
 __________ the sentence
 Except ________________ cases
ABANDONMENT OF ATTEMPT
To _________________ or to abandon an attempted crime, the person must freely and voluntarily
abandon the attempt, prior to the final execution of the act
POSSIBILITY OF COMPLETION
Impossibility to commit a crime?
What’s the difference?
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________________ Impossible
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________________ Impossible to commit crime
If intent exists to commit the crime, BUT... some _____________ factor ____________ its completion
EXAMPLES:
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A woman stabs her husband in his bed, but he had already died of a heart attack
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Or...the gun wouldn’t fire...etc..
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Acceptance of a delivery of talcum powder believed to be heroin: Attempt to possess narcotics
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A fence (one who buys stolen property) took possession of property believed to be stolen:
Attempt to receive stolen property
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A man shoots into a room (with the intent to kill) where someone normally sleeps, they were
not there; the case is factually impossible in order to charge them with attempted murder
SOLICITATION 653f PC
Basic Elements of Soliciting
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Soliciting another
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To commit one of special crimes with the ________________ intent that the crime be
committed
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Carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury,
subornation of perjury, forgery, kidnapping, arson or assault with a deadly weapon or
instrument or by means of force likely to produce great bodily injury, or
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By the use of force or a threat of force, to prevent or dissuade any person who is or may
become a witness from attending upon, or testifying at, any trial, proceeding, or inquiry
authorized by law
OBSTRUCTION OF JUSTICE
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Includes a variety of sections
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Bribery, perjury, threats, obstructing/delaying, intimidating, etc.
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Includes actions by police, such as “assaults under color of authority,” etc.
PERJURY - PC 118(a)
Testimony which is: ____________ ______________
 This can include police officers
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 PC 126 - Makes perjury a felony
FOUR KEY ISSUES IN PERJURY
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Testifying under___________
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Knowingly presenting _______________ evidence
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Before a competent legal proceeding
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Which must be of a ____________________ (material) nature
PC 127 One who willfully …
_____________ another to commit____________ is guilty of_________________ of perjury
BRIBERY
PC 67: Bribing “________________ Officers” (this includes Police Officers)
PC 68: Asking or Receiving a Bribe
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Both are felonies
BRIBERY ELEMENTS
Asking, giving, accepting or offering________________ of value or advantage or promise of same...
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With _________________ intent to corrupt, influence...
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_________________ official act
WHEN IS THE OFFENSE COMPLETE IN BRIBERY
When it is _______________ the officer is being bribed
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Receiving a bribe...once accused asks, receives or agrees, etc..
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Language: Not necessary to have any particular language, as long as bribe and unlawful intent
is established
OTHER BRIBERY STATUTES
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PC 85 Bribing legislature
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PC 86 Asking for or receiving a bribe by a member of the legislature
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PC 92 Giving or offering a bribe to a judge, juror, or referee, etc.
FALSIFICATION CRIMES
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PC 132. Offering Forged or Altered Document as Genuine
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PC 132.5. Crime Witness Selling Information
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PC 133. Fraud or False Statement to Witness to Affect Testimony
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PC 134. Falsifying Documents to Be Used in Evidence
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PC 135. Destroying or Concealing Documentary Evidence
PC 182 – CONSPIRACY
If _______ or more persons conspire:
 To commit ________ crime
ELEMENTS OF CONSPIRACY
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A conspiracy requires:
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An __________act
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In the “__________________” of the conspiracy
AGREEMENTS NECESSARY
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A conspirator need______ be present
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A conspirator is still ____________ if someone dies
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If someone dies it’s first degree murder since conspiracy shows… _________________
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In joining an existing conspiracy, one “adopts” ______ the prior “acts” of (all) co-conspirators