State Codes and Statutes

Statutes > Texas > Penal-code > Title-4-inchoate-offenses > Chapter-15-preparatory-offenses

PENAL CODE

TITLE 4. INCHOATE OFFENSES

CHAPTER 15. PREPARATORY OFFENSES

Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense

if, with specific intent to commit an offense, he does an act

amounting to more than mere preparation that tends but fails to

effect the commission of the offense intended.

(b) If a person attempts an offense that may be aggravated, his

conduct constitutes an attempt to commit the aggravated offense

if an element that aggravates the offense accompanies the

attempt.

(c) It is no defense to prosecution for criminal attempt that

the offense attempted was actually committed.

(d) An offense under this section is one category lower than the

offense attempted, and if the offense attempted is a state jail

felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff.

Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal

conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more

of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in pursuance

of the agreement.

(b) An agreement constituting a conspiracy may be inferred from

acts of the parties.

(c) It is no defense to prosecution for criminal conspiracy

that:

(1) one or more of the coconspirators is not criminally

responsible for the object offense;

(2) one or more of the coconspirators has been acquitted, so

long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators has not been prosecuted or

convicted, has been convicted of a different offense, or is

immune from prosecution;

(4) the actor belongs to a class of persons that by definition

of the object offense is legally incapable of committing the

object offense in an individual capacity; or

(5) the object offense was actually committed.

(d) An offense under this section is one category lower than the

most serious felony that is the object of the conspiracy, and if

the most serious felony that is the object of the conspiracy is a

state jail felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an

offense if, with intent that a capital felony or felony of the

first degree be committed, he requests, commands, or attempts to

induce another to engage in specific conduct that, under the

circumstances surrounding his conduct as the actor believes them

to be, would constitute the felony or make the other a party to

its commission.

(b) A person may not be convicted under this section on the

uncorroborated testimony of the person allegedly solicited and

unless the solicitation is made under circumstances strongly

corroborative of both the solicitation itself and the actor's

intent that the other person act on the solicitation.

(c) It is no defense to prosecution under this section that:

(1) the person solicited is not criminally responsible for the

felony solicited;

(2) the person solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is immune

from prosecution;

(3) the actor belongs to a class of persons that by definition

of the felony solicited is legally incapable of committing the

offense in an individual capacity; or

(4) the felony solicited was actually committed.

(d) An offense under this section is:

(1) a felony of the first degree if the offense solicited is a

capital offense; or

(2) a felony of the second degree if the offense solicited is a

felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person

commits an offense if, with intent that an offense listed by

Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be

committed, the person requests, commands, or attempts to induce a

minor to engage in specific conduct that, under the circumstances

surrounding the actor's conduct as the actor believes them to be,

would constitute an offense listed by Section 3g(a)(1), Article

42.12, or make the minor a party to the commission of an offense

listed by Section 3g(a)(1), Article 42.12.

(b) A person commits an offense if, with intent that an offense

under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be

committed, the person by any means requests, commands, or

attempts to induce a minor or another whom the person believes to

be a minor to engage in specific conduct that, under the

circumstances surrounding the actor's conduct as the actor

believes them to be, would constitute an offense under one of

those sections or would make the minor or other believed by the

person to be a minor a party to the commission of an offense

under one of those sections.

(c) A person may not be convicted under this section on the

uncorroborated testimony of the minor allegedly solicited unless

the solicitation is made under circumstances strongly

corroborative of both the solicitation itself and the actor's

intent that the minor act on the solicitation.

(d) It is no defense to prosecution under this section that:

(1) the minor solicited is not criminally responsible for the

offense solicited;

(2) the minor solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is immune

from prosecution;

(3) the actor belongs to a class of persons that by definition

of the offense solicited is legally incapable of committing the

offense in an individual capacity; or

(4) the offense solicited was actually committed.

(e) An offense under this section is one category lower than the

solicited offense, except that an offense under this section is

the same category as the solicited offense if it is shown on the

trial of the offense that the actor:

(1) was at the time of the offense 17 years of age or older and

a member of a criminal street gang, as defined by Section 71.01;

and

(2) committed the offense with the intent to:

(A) further the criminal activities of the criminal street gang;

or

(B) avoid detection as a member of a criminal street gang.

(f) In this section, "minor" means an individual younger than 17

years of age.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1,

1996. Amended by Acts 1999, 76th Leg., ch. 1415, Sec. 22(a), eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.49, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1130, Sec. 2, eff. September 1, 2009.

Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative

defense to prosecution under Section 15.01 that under

circumstances manifesting a voluntary and complete renunciation

of his criminal objective the actor avoided commission of the

offense attempted by abandoning his criminal conduct or, if

abandonment was insufficient to avoid commission of the offense,

by taking further affirmative action that prevented the

commission.

(b) It is an affirmative defense to prosecution under Section

15.02 or 15.03 that under circumstances manifesting a voluntary

and complete renunciation of his criminal objective the actor

countermanded his solicitation or withdrew from the conspiracy

before commission of the object offense and took further

affirmative action that prevented the commission of the object

offense.

(c) Renunciation is not voluntary if it is motivated in whole or

in part:

(1) by circumstances not present or apparent at the inception of

the actor's course of conduct that increase the probability of

detection or apprehension or that make more difficult the

accomplishment of the objective; or

(2) by a decision to postpone the criminal conduct until another

time or to transfer the criminal act to another but similar

objective or victim.

(d) Evidence that the defendant renounced his criminal objective

by abandoning his criminal conduct, countermanding his

solicitation, or withdrawing from the conspiracy before the

criminal offense was committed and made substantial effort to

prevent the commission of the object offense shall be admissible

as mitigation at the hearing on punishment if he has been found

guilty of criminal attempt, criminal solicitation, or criminal

conspiracy; and in the event of a finding of renunciation under

this subsection, the punishment shall be one grade lower than

that provided for the offense committed.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or

solicitation of, a preparatory offense defined in this chapter is

not an offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

State Codes and Statutes

Statutes > Texas > Penal-code > Title-4-inchoate-offenses > Chapter-15-preparatory-offenses

PENAL CODE

TITLE 4. INCHOATE OFFENSES

CHAPTER 15. PREPARATORY OFFENSES

Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense

if, with specific intent to commit an offense, he does an act

amounting to more than mere preparation that tends but fails to

effect the commission of the offense intended.

(b) If a person attempts an offense that may be aggravated, his

conduct constitutes an attempt to commit the aggravated offense

if an element that aggravates the offense accompanies the

attempt.

(c) It is no defense to prosecution for criminal attempt that

the offense attempted was actually committed.

(d) An offense under this section is one category lower than the

offense attempted, and if the offense attempted is a state jail

felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff.

Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal

conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more

of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in pursuance

of the agreement.

(b) An agreement constituting a conspiracy may be inferred from

acts of the parties.

(c) It is no defense to prosecution for criminal conspiracy

that:

(1) one or more of the coconspirators is not criminally

responsible for the object offense;

(2) one or more of the coconspirators has been acquitted, so

long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators has not been prosecuted or

convicted, has been convicted of a different offense, or is

immune from prosecution;

(4) the actor belongs to a class of persons that by definition

of the object offense is legally incapable of committing the

object offense in an individual capacity; or

(5) the object offense was actually committed.

(d) An offense under this section is one category lower than the

most serious felony that is the object of the conspiracy, and if

the most serious felony that is the object of the conspiracy is a

state jail felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an

offense if, with intent that a capital felony or felony of the

first degree be committed, he requests, commands, or attempts to

induce another to engage in specific conduct that, under the

circumstances surrounding his conduct as the actor believes them

to be, would constitute the felony or make the other a party to

its commission.

(b) A person may not be convicted under this section on the

uncorroborated testimony of the person allegedly solicited and

unless the solicitation is made under circumstances strongly

corroborative of both the solicitation itself and the actor's

intent that the other person act on the solicitation.

(c) It is no defense to prosecution under this section that:

(1) the person solicited is not criminally responsible for the

felony solicited;

(2) the person solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is immune

from prosecution;

(3) the actor belongs to a class of persons that by definition

of the felony solicited is legally incapable of committing the

offense in an individual capacity; or

(4) the felony solicited was actually committed.

(d) An offense under this section is:

(1) a felony of the first degree if the offense solicited is a

capital offense; or

(2) a felony of the second degree if the offense solicited is a

felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person

commits an offense if, with intent that an offense listed by

Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be

committed, the person requests, commands, or attempts to induce a

minor to engage in specific conduct that, under the circumstances

surrounding the actor's conduct as the actor believes them to be,

would constitute an offense listed by Section 3g(a)(1), Article

42.12, or make the minor a party to the commission of an offense

listed by Section 3g(a)(1), Article 42.12.

(b) A person commits an offense if, with intent that an offense

under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be

committed, the person by any means requests, commands, or

attempts to induce a minor or another whom the person believes to

be a minor to engage in specific conduct that, under the

circumstances surrounding the actor's conduct as the actor

believes them to be, would constitute an offense under one of

those sections or would make the minor or other believed by the

person to be a minor a party to the commission of an offense

under one of those sections.

(c) A person may not be convicted under this section on the

uncorroborated testimony of the minor allegedly solicited unless

the solicitation is made under circumstances strongly

corroborative of both the solicitation itself and the actor's

intent that the minor act on the solicitation.

(d) It is no defense to prosecution under this section that:

(1) the minor solicited is not criminally responsible for the

offense solicited;

(2) the minor solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is immune

from prosecution;

(3) the actor belongs to a class of persons that by definition

of the offense solicited is legally incapable of committing the

offense in an individual capacity; or

(4) the offense solicited was actually committed.

(e) An offense under this section is one category lower than the

solicited offense, except that an offense under this section is

the same category as the solicited offense if it is shown on the

trial of the offense that the actor:

(1) was at the time of the offense 17 years of age or older and

a member of a criminal street gang, as defined by Section 71.01;

and

(2) committed the offense with the intent to:

(A) further the criminal activities of the criminal street gang;

or

(B) avoid detection as a member of a criminal street gang.

(f) In this section, "minor" means an individual younger than 17

years of age.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1,

1996. Amended by Acts 1999, 76th Leg., ch. 1415, Sec. 22(a), eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.49, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1130, Sec. 2, eff. September 1, 2009.

Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative

defense to prosecution under Section 15.01 that under

circumstances manifesting a voluntary and complete renunciation

of his criminal objective the actor avoided commission of the

offense attempted by abandoning his criminal conduct or, if

abandonment was insufficient to avoid commission of the offense,

by taking further affirmative action that prevented the

commission.

(b) It is an affirmative defense to prosecution under Section

15.02 or 15.03 that under circumstances manifesting a voluntary

and complete renunciation of his criminal objective the actor

countermanded his solicitation or withdrew from the conspiracy

before commission of the object offense and took further

affirmative action that prevented the commission of the object

offense.

(c) Renunciation is not voluntary if it is motivated in whole or

in part:

(1) by circumstances not present or apparent at the inception of

the actor's course of conduct that increase the probability of

detection or apprehension or that make more difficult the

accomplishment of the objective; or

(2) by a decision to postpone the criminal conduct until another

time or to transfer the criminal act to another but similar

objective or victim.

(d) Evidence that the defendant renounced his criminal objective

by abandoning his criminal conduct, countermanding his

solicitation, or withdrawing from the conspiracy before the

criminal offense was committed and made substantial effort to

prevent the commission of the object offense shall be admissible

as mitigation at the hearing on punishment if he has been found

guilty of criminal attempt, criminal solicitation, or criminal

conspiracy; and in the event of a finding of renunciation under

this subsection, the punishment shall be one grade lower than

that provided for the offense committed.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or

solicitation of, a preparatory offense defined in this chapter is

not an offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.


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State Codes and Statutes

Statutes > Texas > Penal-code > Title-4-inchoate-offenses > Chapter-15-preparatory-offenses

PENAL CODE

TITLE 4. INCHOATE OFFENSES

CHAPTER 15. PREPARATORY OFFENSES

Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense

if, with specific intent to commit an offense, he does an act

amounting to more than mere preparation that tends but fails to

effect the commission of the offense intended.

(b) If a person attempts an offense that may be aggravated, his

conduct constitutes an attempt to commit the aggravated offense

if an element that aggravates the offense accompanies the

attempt.

(c) It is no defense to prosecution for criminal attempt that

the offense attempted was actually committed.

(d) An offense under this section is one category lower than the

offense attempted, and if the offense attempted is a state jail

felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff.

Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal

conspiracy if, with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more

of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in pursuance

of the agreement.

(b) An agreement constituting a conspiracy may be inferred from

acts of the parties.

(c) It is no defense to prosecution for criminal conspiracy

that:

(1) one or more of the coconspirators is not criminally

responsible for the object offense;

(2) one or more of the coconspirators has been acquitted, so

long as two or more coconspirators have not been acquitted;

(3) one or more of the coconspirators has not been prosecuted or

convicted, has been convicted of a different offense, or is

immune from prosecution;

(4) the actor belongs to a class of persons that by definition

of the object offense is legally incapable of committing the

object offense in an individual capacity; or

(5) the object offense was actually committed.

(d) An offense under this section is one category lower than the

most serious felony that is the object of the conspiracy, and if

the most serious felony that is the object of the conspiracy is a

state jail felony, the offense is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an

offense if, with intent that a capital felony or felony of the

first degree be committed, he requests, commands, or attempts to

induce another to engage in specific conduct that, under the

circumstances surrounding his conduct as the actor believes them

to be, would constitute the felony or make the other a party to

its commission.

(b) A person may not be convicted under this section on the

uncorroborated testimony of the person allegedly solicited and

unless the solicitation is made under circumstances strongly

corroborative of both the solicitation itself and the actor's

intent that the other person act on the solicitation.

(c) It is no defense to prosecution under this section that:

(1) the person solicited is not criminally responsible for the

felony solicited;

(2) the person solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is immune

from prosecution;

(3) the actor belongs to a class of persons that by definition

of the felony solicited is legally incapable of committing the

offense in an individual capacity; or

(4) the felony solicited was actually committed.

(d) An offense under this section is:

(1) a felony of the first degree if the offense solicited is a

capital offense; or

(2) a felony of the second degree if the offense solicited is a

felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person

commits an offense if, with intent that an offense listed by

Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be

committed, the person requests, commands, or attempts to induce a

minor to engage in specific conduct that, under the circumstances

surrounding the actor's conduct as the actor believes them to be,

would constitute an offense listed by Section 3g(a)(1), Article

42.12, or make the minor a party to the commission of an offense

listed by Section 3g(a)(1), Article 42.12.

(b) A person commits an offense if, with intent that an offense

under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be

committed, the person by any means requests, commands, or

attempts to induce a minor or another whom the person believes to

be a minor to engage in specific conduct that, under the

circumstances surrounding the actor's conduct as the actor

believes them to be, would constitute an offense under one of

those sections or would make the minor or other believed by the

person to be a minor a party to the commission of an offense

under one of those sections.

(c) A person may not be convicted under this section on the

uncorroborated testimony of the minor allegedly solicited unless

the solicitation is made under circumstances strongly

corroborative of both the solicitation itself and the actor's

intent that the minor act on the solicitation.

(d) It is no defense to prosecution under this section that:

(1) the minor solicited is not criminally responsible for the

offense solicited;

(2) the minor solicited has been acquitted, has not been

prosecuted or convicted, has been convicted of a different

offense or of a different type or class of offense, or is immune

from prosecution;

(3) the actor belongs to a class of persons that by definition

of the offense solicited is legally incapable of committing the

offense in an individual capacity; or

(4) the offense solicited was actually committed.

(e) An offense under this section is one category lower than the

solicited offense, except that an offense under this section is

the same category as the solicited offense if it is shown on the

trial of the offense that the actor:

(1) was at the time of the offense 17 years of age or older and

a member of a criminal street gang, as defined by Section 71.01;

and

(2) committed the offense with the intent to:

(A) further the criminal activities of the criminal street gang;

or

(B) avoid detection as a member of a criminal street gang.

(f) In this section, "minor" means an individual younger than 17

years of age.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1,

1996. Amended by Acts 1999, 76th Leg., ch. 1415, Sec. 22(a), eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.49, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1130, Sec. 2, eff. September 1, 2009.

Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative

defense to prosecution under Section 15.01 that under

circumstances manifesting a voluntary and complete renunciation

of his criminal objective the actor avoided commission of the

offense attempted by abandoning his criminal conduct or, if

abandonment was insufficient to avoid commission of the offense,

by taking further affirmative action that prevented the

commission.

(b) It is an affirmative defense to prosecution under Section

15.02 or 15.03 that under circumstances manifesting a voluntary

and complete renunciation of his criminal objective the actor

countermanded his solicitation or withdrew from the conspiracy

before commission of the object offense and took further

affirmative action that prevented the commission of the object

offense.

(c) Renunciation is not voluntary if it is motivated in whole or

in part:

(1) by circumstances not present or apparent at the inception of

the actor's course of conduct that increase the probability of

detection or apprehension or that make more difficult the

accomplishment of the objective; or

(2) by a decision to postpone the criminal conduct until another

time or to transfer the criminal act to another but similar

objective or victim.

(d) Evidence that the defendant renounced his criminal objective

by abandoning his criminal conduct, countermanding his

solicitation, or withdrawing from the conspiracy before the

criminal offense was committed and made substantial effort to

prevent the commission of the object offense shall be admissible

as mitigation at the hearing on punishment if he has been found

guilty of criminal attempt, criminal solicitation, or criminal

conspiracy; and in the event of a finding of renunciation under

this subsection, the punishment shall be one grade lower than

that provided for the offense committed.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or

solicitation of, a preparatory offense defined in this chapter is

not an offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.


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