CHAPTER 9
INCHOATE CRIMES
Sec.
901. Criminal attempt.
902. Criminal solicitation.
903. Criminal conspiracy.
904. Incapacity, irresponsibility or immunity of party to solicitation or conspiracy.
905. Grading of criminal attempt, solicitation and conspiracy.
906. Multiple convictions of inchoate crimes barred.
907. Possessing instruments of crime.
908. Prohibited offensive weapons.
908.1. Use or possession of electric or electronic incapacitation device.
909. Manufacture, distribution or possession of master keys for motor vehicles.
910. Manufacture, distribution, use or possession of devices for theft of telecommunications
services.
911. Corrupt organizations.
912. Possession of weapon on school property.
913. Possession of firearm or other dangerous weapon in court facility.
Enactment. Chapter 9 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 9 is referred to in section 3218 of this title; section 8801 of Title 20 (Decedents,
Estates and Fiduciaries).
§ 901. Criminal attempt.
(a) Definition of attempt.--A person commits an attempt when, with intent to commit a specific crime, he does
any act which constitutes a substantial step toward the commission of that crime.
(b) Impossibility.--It shall not be a defense to a charge of attempt that because of a misapprehension
of the circumstances it would have been impossible for the accused to commit the crime
attempted.
(c) Renunciation.--
(1) In any prosecution for an attempt to commit a crime, it is a defense that, under circumstances
manifesting a voluntary and complete renunciation of his criminal intent, the defendant
avoided the commission of the crime attempted by abandoning his criminal effort and,
if the mere abandonment was insufficient to accomplish such avoidance, by taking further
and affirmative steps which prevented the commission thereof.
(2) A renunciation is not "voluntary and complete" within the meaning of this subsection
if it is motivated in whole or part by:
(i) a belief that circumstances exist which increase the probability of detection or apprehension
of the defendant or another participant in the criminal enterprise, or which render
more difficult the accomplishment of the criminal purpose; or
(ii) a decision to postpone the criminal conduct until another time or to transfer the
criminal effort to another victim or another but similar objective.
Cross References. Section 901 is referred to in section 5702 of this title; sections 5552, 6302 of Title
42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
767
cases (
216 in the last 5 years), 1975–2026 · leading case:
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
· cites it 8× “____________________________________________ 1 18 Pa.C.S. §§ 901(a)/3121 & 2709.1(a)(1).”
Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994).
· cites it 10× “18 Pa.C.S. § 901. Definition of Attempt. A person commits an attempt when, with the intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.”
Commonwealth v. Wojdak, 466 A.2d 991 (Pa. 1983).
· cites it 8× “01 of the Model Penal Code, from which section 901, 18 Pa.C.S. § 901, is derived, see Joint State Government Commission of the General Assembly, Comment to § 901 (1967), reprinted in S.”
Com. v. Conklin, S., 275 A.3d 1087 (Pa. Super. Ct. 2022).
· cites it 6× “[fn 5]] Fn 1 18 Pa.C.S. § 901(a), 18 Pa.C.S. §2502(c).”
Commonwealth, Aplt v. Kingston, S., 143 A.3d 917 (Pa. 2016).
· cites it 4× “18 Pa.C.S. §§ 901, 306 (defining an accomplice to include a person who, with the intent of promoting or facilitating the commission of an offense, solicits another to commit it).”
Commonwealth v. Cannavo, 199 A.3d 1282 (Pa. Super. Ct. 2018).
· cites it 3× “18 Pa.C.S. §§ 901, 2502(a) (attempted first-degree murder); 18 Pa.”
Commonwealth v. Matthew, 909 A.2d 1254 (Pa. 2006).
· cites it 4× “" 18 Pa.C.S. § 901(a). An attempt under § 2702(a)(1) requires a showing of some act, albeit not one causing serious bodily injury, accompanied by an intent to inflict serious bodily injury.”
Commonwealth v. Hall, 830 A.2d 537 (Pa. 2003).
· cites it 4× “" 18 Pa.C.S. § 901(a). Section 302 of the Code, which addresses "General requirements of culpability," defines "intentionally" as follows: 1) A person acts intentionally with respect to a material element of an offense when: (i) if the element involves the nature of his conduct…”
Commonwealth v. Ogrod, 839 A.2d 294 (Pa. 2003).
· cites it 4× “" 18 Pa.C.S. § 901. "A person commits a felony of the first degree when he or she engages in deviate sexual intercourse with a complainant: (1) by forcible compulsion; .”
Commonwealth v. Sims, 919 A.2d 931 (Pa. 2007).
· cites it 4× “Therefore, he concludes, to obtain a conviction for his failed attempt at escape, the Commonwealth had to have charged him with the inchoate offense of criminal attempt under 18 Pa.C.S. § 901. He adds that nothing prevented the Commonwealth from charging him with both criminal…”
Commonwealth v. Palmer, 192 A.3d 85 (Pa. Super. Ct. 2018).
· cites it 2× “Criminal attempt is separately codified at 18 Pa.C.S. § 901, which states, "A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.”
Commonwealth v. Gwynn, 943 A.2d 940 (Pa. 2008).
· cites it 4× “§ 2702(a)(1) (aggravated assault); 18 Pa. C.S. §§ 901(a), 2502(a) (attempted murder).”
— 18 Pa. Cons. Stat. § 901(1) — 1 case
— 18 Pa. Cons. Stat. § 901(2501) — 1 case
— 18 Pa. Cons. Stat. § 901(A) — 1 case
— 18 Pa. Cons. Stat. § 901(a) — 471 cases
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
“____________________________________________ 1 18 Pa.C.S. §§ 901(a)/3121 & 2709.1(a)(1).”
Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994).
“18 Pa.C.S. § 901. Definition of Attempt. A person commits an attempt when, with the intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.”
Com. v. Conklin, S., 275 A.3d 1087 (Pa. Super. Ct. 2022).
“[fn 5]] Fn 1 18 Pa.C.S. § 901(a), 18 Pa.C.S. §2502(c).”
Commonwealth v. Matthew, 909 A.2d 1254 (Pa. 2006).
“" 18 Pa.C.S. § 901(a). An attempt under § 2702(a)(1) requires a showing of some act, albeit not one causing serious bodily injury, accompanied by an intent to inflict serious bodily injury.”
Commonwealth v. Hall, 830 A.2d 537 (Pa. 2003).
“" 18 Pa.C.S. § 901(a). Section 302 of the Code, which addresses "General requirements of culpability," defines "intentionally" as follows: 1) A person acts intentionally with respect to a material element of an offense when: (i) if the element involves the nature of his conduct…”
— 18 Pa. Cons. Stat. § 901(a)(3) — 1 case
— 18 Pa. Cons. Stat. § 901(b) — 6 cases
Commonwealth, Aplt v. Kingston, S., 143 A.3d 917 (Pa. 2016).
“18 Pa.C.S. §§ 901, 306 (defining an accomplice to include a person who, with the intent of promoting or facilitating the commission of an offense, solicits another to commit it).”
— 18 Pa. Cons. Stat. § 901(c) — 4 cases
— 18 Pa. Cons. Stat. § 901(c)(1) — 3 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.