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5
Preparatory Criminal Conduct

Crime like virtue has its degrees.

--Racine

To provide efficient and effective law enforcement and ensure the safety of
citizens, police officers must be able to detect and prevent criminal activity
at the earliest possible moment. Criminal conduct is rarely a spur-of-the-
moment idea. Often, those who engage in criminal activity have contem-
plated and planned their actions to varying degrees. During the planning
stage, those considering criminal activity may also encourage others to join
them or provide some other form of assistance. Although it is not a crime to
have "bad thoughts" or merely discuss criminal activity with others, when
conduct goes beyond mere thoughts or discussion, under certain circum-
stances it may rise to the level of punishable criminal conduct. This chapter
will explore the preparatory stages of criminal activity and examine when
preparation to commit a crime becomes a crime itself.


SOLICITATION OF A CRIME

Occasionally, individuals planning criminal activity do not intend to per-
sonally commit the unlawful act. Instead, they intend to solicit and encour-
age others to carry out the criminal conduct. A person who solicits, urges or
encourages another to commit an unlawful act has gone beyond the stage of
simply having bad thoughts and into the realm of acting upon those

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Publication Information: Book Title: A Layperson's Guide to Criminal Law. Contributors: Raneta Lawson Mack - author. Publisher: Greenwood Press. Place of Publication: Westport, CT. Publication Year: 1999. Page Number: 87.
    
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