Also known as: purposes of promoting or facilitating · accomplice mens rea · MPC 2.06 purpose
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state under the Model Penal Code consisting of an intent to advance the commission of an offense by soliciting, aiding, or agreeing to aid another person.
Pedro Pacheco asked Pilar Pena to break into a warehouse and steal inventory for resale. Pedro provided the access codes and a share of the proceeds to encourage her participation. Because Pedro acted with the purpose of promoting or facilitating the theft, he became liable as an accomplice even though he remained outside during the break-in.
Piper Patel and Pierre Poulin discussed staging a fake cargo hijacking to sell the goods and split the proceeds. They settled on a route, a false police report, and a division of the money. Their shared purpose of promoting or facilitating the theft completed the conspiracy once the agreement was reached.
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Pamela Phillips urged Portia Price to alter a witness's testimony in an upcoming trial by offering cash payment. Pamela supplied the specific amount and the exact false statements to be given. Her purpose of promoting or facilitating the bribery offense made her guilty of solicitation regardless of whether the bribe was ever delivered.
No. The mental state is satisfied once the actor forms the intent to advance the offense through solicitation, agreement, or aid. Liability for conspiracy or solicitation is complete upon the purposeful agreement or request even if the substantive crime is never attempted or completed.
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The purpose element demands that the actor intend the criminal conduct to take place. Knowledge that assistance might help a crime is insufficient under the Model Penal Code standard for accomplice liability or conspiracy.
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Yes. Under the modern unilateral approach reflected in the Model Penal Code, the purposeful agreement itself establishes conspiracy liability. An overt act may be required in some jurisdictions, but the agreement with the requisite purpose is the core element.
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…Model Penal Code, which provides that a person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of the offense, he solicits the other person to commit it, or aids or agrees or attempts to aid the other person in planning or committing it, or (having a legal duty to…