Louisiana Private Investigator Licensing Practice Exam

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When an overt act is committed with the intent to commit a crime but does not complete the crime, what is this called?

  1. Conspiracy

  2. Criminal intent

  3. An attempt to commit a crime

  4. Solicitation

The correct answer is: An attempt to commit a crime

When an overt act is committed with the intent to commit a crime but the crime itself is not completed, this scenario is defined as an attempt to commit a crime. The law recognizes that the intention to commit a crime, paired with an action that moves towards its execution, establishes criminal liability even if the act does not result in the completion of the crime. This framework is important because it addresses the actor's intention and actions, which are crucial in criminal law to deter individuals from engaging in criminal behavior, even if they do not successfully complete their intended act. Conspiracy involves an agreement between two or more people to commit a crime, which does not necessarily require an overt action to be taken towards the execution of that crime. Criminal intent refers to the mental state of the person when they commit the act and is not in itself an action or an attempt. Solicitation involves urging or encouraging another person to commit a crime, which is different from taking steps towards committing that crime oneself. Thus, the specific legal construct of an attempt to commit a crime accurately captures the situation where actions have been taken towards a crime that remains uncompleted.