Legal Definitions - anticipatory offense

An anticipatory offense refers to a crime committed when an individual takes significant steps towards committing another, more serious crime, even if the ultimate crime is never completed. These offenses are punishable because they demonstrate a clear intent to commit a crime and involve actions that move beyond mere thought or planning, thereby posing a threat to public safety. They are sometimes referred to as "inchoate offenses."

Here are some examples:

• Example 1: A person, intending to steal a valuable painting from a museum, purchases specialized tools to disable security systems, creates detailed blueprints of the museum's layout, and conducts multiple surveillance visits. Before they can attempt to enter the building, they are apprehended by law enforcement.

  Explanation: This illustrates an anticipatory offense because the individual had a clear intent to commit burglary and theft, and took substantial, concrete steps (acquiring tools, creating blueprints, surveillance) towards executing that crime, even though the actual break-in and theft had not yet occurred.

• Example 2: Two individuals agree to defraud an insurance company by staging a car accident. They purchase a damaged vehicle, obtain a fraudulent repair estimate, and file a claim with the insurance company. However, before any money is paid out, an investigator uncovers their scheme.

  Explanation: This is an anticipatory offense because the individuals formed an agreement (conspiracy) and took overt actions (purchasing a damaged car, obtaining a fake estimate, filing a claim) with the intent to commit insurance fraud, even though they did not successfully receive payment for the fraudulent claim.

• Example 3: A disgruntled employee approaches a former colleague and offers them a substantial sum of money to hack into their previous company's computer system and delete critical data. The former colleague refuses the offer and reports it to the authorities.

  Explanation: This demonstrates an anticipatory offense because the employee actively solicited another person to commit a crime (computer hacking) with the clear intent for that crime to occur, regardless of whether the former colleague agreed or the hacking ever took place.