To amend title 18 of the United States Code to add a general provision for criminal attempt.

January 13, 2003

Mr. DEWINE introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To amend title 18 of the United States Code to add a general provision for criminal attempt.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE

This Act may be cited as the `General Attempt Provision Act'.

SEC. 2. ESTABLISHMENT OF GENERAL ATTEMPT OFFENSE.

(a) Chapter 19 of title 18, United States Code, is amended--

(1) in the chapter heading, by striking `Conspiracy' and inserting `Inchoate offenses'; and

(2) by adding at the end the following:

`Sec. 374. Attempt to commit offense

`(a) IN GENERAL- Whoever, acting with the state of mind otherwise required for the commission of an offense described in this title, intentionally engages in conduct that, in fact, constitutes a substantial step toward the commission of the offense, is guilty of an attempt and is subject to the same penalties as those prescribed for

the offense, the commission of which was the object of the attempt, except that the penalty of death shall not be imposed.

`(b) INABILITY TO COMMIT OFFENSE; COMPLETION OF OFFENSE- It is not a defense to a prosecution under this section--

`(1) that it was factually impossible for the actor to commit the offense, if the offense could have been committed had the circumstances been as the actor believed them to be; or

`(2) that the offense attempted was completed.

`(c) EXCEPTIONS- This section does not apply--

`(1) to an offense consisting of conspiracy, attempt, endeavor, or solicitation;

`(2) to an offense consisting of an omission, refusal, failure of refraining to act;

`(3) to an offense involving negligent conduct; or

`(4) to an offense described in section 1118, 1120, 1121, or 1153.

`(d) AFFIRMATIVE DEFENSE-

`(1) IN GENERAL- It is an affirmative defense to a prosecution under this section, on which the defendant bears the burden of persuasion by a preponderance of the evidence, that, under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant prevented the commission of the offense.

`(2) DEFINITION- For purposes of this subsection, a renunciation is not `voluntary and complete' if it is motivated in whole or in part by circumstances that increase the probability of detection or apprehension or that make it more difficult to accomplish the offense, or by a decision to postpone the offense until a more advantageous time or to transfer the criminal effort to a similar objective or victim.'.

(b) TECHNICAL AND CONFORMING AMENDMENT- The analysis for chapter 19 of title 18, United States Code, is amended by adding at the end the following:

`374. Attempt to commit offense.'.

SEC. 3. RATIONALIZATION OF CONSPIRACY PENALTY AND CREATION OF RENUNCIATION DEFENSE.

Section 371 of title 18, United States Code, is amended--

(1) in the first undesignated paragraph--

(A) by striking `If two or more' and inserting the following:

`(a) IN GENERAL- If 2 or more'; and

(B) by striking `either to commit any offense against the United States, or';

(2) by striking the second undesignated paragraph; and

(3) by adding at the end the following:

`(b) CONSPIRACY- If 2 or more persons conspire to commit any offense against the United States, and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be subject to the same penalties as those prescribed for the most serious offense, the commission of which was the object of the conspiracy, except that the penalty of death shall not be imposed.'.

END