Section 10 Inchoate Offenses

• Library: Criminal Code Revision History & Overview 2014

The pre-Revised Code enacted substantial changes to Missouri law with respect to attempt or conspiracy offenses. The Revised Code renumbers the general attempt statute, § 562.012 (formerly § 564.011), and the general conspiracy statute, § 562.014 (formerly § 564.016), and moves them into Chapter 562, RSMo, General Principles of Liability. Under the pre-Revised Code, unless otherwise provided, an attempt to commit an offense was a:

class B felony	if the offense attempted was a	class A felony
class C felony		class B felony
class D felony		class C felony
class A misdemeanor		class D felony
class C misdemeanor		misdemeanor of any degree

The Revised Code:

· retains the basic principles embodied in the Original Code relating to felonies and class A misdemeanors;

· extends them to all felonies and misdemeanors; and

· restates them in general terms.

Unless the statute creating the offense states otherwise, when guilt is based on an attempt to commit an offense, the felony or misdemeanor is to be classified one step lower than the class provided in the statute. The same classification scheme is applied to conspiracy:

Table 2.5

Classification of Attempt and Conspiracy Offenses
Attempt or Conspiracy Offense	Target Offense
Class B felony	Class A felony
Class C felony	Class B felony
Class D felony	Class C felony
Class E felony	Class D felony
Class A misdemeanor	Class E felony
Class B misdemeanor	Class A misdemeanor
Class C misdemeanor	Class B misdemeanor
Class D misdemeanor	Class C misdemeanor
	Class D misdemeanor

Table...