In Arizona, preparatory charges occur when a person engages in conduct intended to
aid another; commands, encourages, requests or solicits another person to engage in
specific conduct; intends to promote or aid the commission of an offense; or provides
the other person with means or opportunity to commit an offense. The range of possible
punishment is dependant on the underlying charge, for example - theft or assault.
Attempt - A.R.S. §13-1001
- A person commits attempt if, acting with the kind of culpability otherwise required
for commission of an offense, such person:
- Intentionally engages in conduct which would constitute an offense if the attendant
circumstances were as such person believes them to be; or
- Intentionally does or omits to do anything which, under the circumstances as such
person believes them to be, is any step in a course of conduct planned to culminate in
commission of an offense; or
- Engages in conduct intended to aid another to commit an offense, although the
offense is not committed or attempted by the other person, provided his conduct would
establish his complicity under chapter 3 if the offense were committed or attempted
by the other person.
- It is no defense that it was impossible for the person to aid the other party's
commission of the offense, provided such person could have done so had the circumstances
been as he believed them to be.
- Attempt generally reduces the offense by 1 level.
Solicitation - A.R.S. §13-1002
- A person, other than a peace officer acting in his official capacity within the
scope of his authority and in the line of duty, commits solicitation if, with the
intent to promote or facilitate the commission of a felony or misdemeanor, such person
commands, encourages, requests or solicits another person to engage in specific
conduct which would constitute the felony or misdemeanor or which would establish
the other's complicity in its commission.
- Solicitation generally reduces the offense by 2 level.
Conspiracy - A.R.S. §13-1003
- A person commits conspiracy if, with the intent to promote or aid the commission of an
offense, such person agrees with one or more persons that at least one of them or another
person will engage in conduct constituting the offense and one of the parties commits an
overt act in furtherance of the offense, except that an overt act shall not be required
if the object of the conspiracy was to commit any felony upon the person of another, or
to commit an offense under section 13-1508 or 13-1704.
- If a person guilty of conspiracy, as defined in subsection A of this section, knows
or has reason to know that a person with whom such person conspires to commit an offense
has conspired with another person or persons to commit the same offense, such person
is guilty of conspiring to commit the offense with such other person or persons,
whether or not such person knows their identity.
- A person who conspires to commit a number of offenses is guilty of only one
conspiracy if the multiple offenses are the object of the same agreement or
relationship and the degree of the conspiracy shall be determined by the most
serious offense conspired to.
- Conspiracy to commit a class 1 felony is punishable by a sentence of life
imprisonment without possibility of release on any basis until the service of
twenty-five years, otherwise, conspiracy is an offense of the same class as the
most serious offense which is the object of or result of the conspiracy.
Facilitation - A.R.S. §13-1004
- A person commits facilitation if, acting with knowledge that another person is
committing or intends to commit an offense, the person knowingly provides the other
person with means or opportunity for the commission of the offense.
- This section does not apply to peace officers who act in their official capacity
within the scope of their authority and in the line of duty.
- Facilitation generally reduces the offense by 4 level.
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