Which of the following is NOT an inchoate crime?

Which of the following is NOT an inchoate crime?

• A. Solicitation
• B. Burglary
• C. Conspiracy
• D. Attempt

Answer: (B)

Inchoate crimes are offenses that occur in preparation for another crime—they’re steps toward committing a crime rather than the crime itself. The three classic inchoate offenses are solicitation (asking someone to commit a crime), conspiracy (agreement between two or more people to commit a crime with at least one overt act toward its achievement), and attempt (taking substantial steps toward actually committing a crime). Burglary, on the other hand, is a completed offense: entering a building illegally with the intent to commit a crime is the crime itself. It doesn’t require proving that the crime was planned by someone else or that a third party was involved; the act of unlawful entry with the proscribed intent suffices. Because burglary is an actual offense rather than a preparatory step toward another crime, it is not an inchoate offense.

Inchoate crimes are offenses that occur in preparation for another crime—they’re steps toward committing a crime rather than the crime itself. The three classic inchoate offenses are solicitation (asking someone to commit a crime), conspiracy (agreement between two or more people to commit a crime with at least one overt act toward its achievement), and attempt (taking substantial steps toward actually committing a crime).

Burglary, on the other hand, is a completed offense: entering a building illegally with the intent to commit a crime is the crime itself. It doesn’t require proving that the crime was planned by someone else or that a third party was involved; the act of unlawful entry with the proscribed intent suffices. Because burglary is an actual offense rather than a preparatory step toward another crime, it is not an inchoate offense.