Current through Register Vol. 43, No. 39, September 26, 2024
(a) No offender
shall attempt or conspire to violate any law, regulation, internal management
policy and procedure, or facility order. Each attempt or conspiracy to violate
any law, regulation, internal management policy and procedure, or facility
order shall carry the same penalty as that for the offense itself.
(b) No offender shall solicit or be an
accessory for another person to violate any law, regulation, internal
management policy and procedure, or facility order. Each occasion of soliciting
or acting as an accessory for another to commit any violation of any law,
regulation, internal management policy and procedure, or facility order shall
carry the same penalty as that for the offense itself.
(c) The specific law, regulation, internal
management policy and procedure, or facility order that is the basis of the
attempt, conspiracy, solicitation, or accessory activity shall be stated and
described in the disciplinary report.
(d)
(1)
Attempt.
(A) An "attempt" shall be defined as
any overt or evident act toward the perpetration of activity that is prohibited
by law, regulation, internal management policy and procedure, or facility order
by an offender who intends to commit the prohibited activity but fails in the
perpetration of the prohibited activity or is prevented from or intercepted in
the execution of the prohibited activity.
(B) It shall not be a defense to a charge of
attempt that the circumstances under which the act was performed, the means
employed, or the act itself were such that the commission of the prohibited
activity was not possible.
(2) Conspiracy.
(A) A "conspiracy" shall be defined as an
agreement with another person to commit an act that is prohibited by law,
regulation, internal management policy and procedure, or facility order or to
assist in committing the prohibited act. No offender may be convicted of a
conspiracy unless an overt act furthering that conspiracy is alleged and proved
to have been committed by the offender or by a co-conspirator.
(B) It shall be a defense to a charge of
conspiracy that the accused voluntarily and in good faith withdrew from the
conspiracy and communicated the fact of the offender's withdrawal to one or
more of the accused conspirators, before any overt act furthering the
conspiracy was committed by the accused or by a co-conspirator.
(3) Solicitation.
(A) "Solicitation" shall be defined as the
commanding of, encouraging, or requesting another person to commit, to attempt
to commit, or to aid and abet for the purpose of promoting or facilitating the
commission or attempted commission of an act that is prohibited by law,
regulation, internal management policy and procedure, or facility order.
(B) It shall not be a defense to a
charge of solicitation that the offender failed to communicate with the person
solicited to commit the prohibited act if the offender's conduct was designed
to effect a communication. It shall be a defense to a charge of solicitation
that the offender, after soliciting another person to commit an offense,
persuaded that person not to do so or otherwise prevented the commission of the
offense, under circumstances manifesting a complete and voluntary renunciation
of the offender's prohibited purposes.
(4) Accessory. Being an "accessory" to an
offense shall be defined as knowingly harboring, concealing, or aiding any
offender who has committed an act that is prohibited by law, regulation,
internal management policy and procedure, or facility order or any offender who
has been charged with committing an act that is prohibited by law, regulation,
internal management policy and procedure, or facility order, with intent that
the offender will avoid or escape apprehension, disciplinary hearing,
conviction, or punishment for the prohibited act.
This regulation shall be effective on and after April 8, 2005.
