Under MBE, which inchoate offenses merge and which remain separate?

• A. Attempt and Solicitation merge; Conspiracy remains separate
• B. Conspiracy and Attempt merge; Solicitation remains separate
• C. Attempt and Conspiracy merge; Solicitation remains separate
• D. Solicitation and Conspiracy merge; Attempt remains separate

Answer: (A)

Under MBE, inchoate offenses have different merger rules. Attempt and solicitation are designed to push toward the same crime as the completed offense, so once that crime is actually committed (or the attempt is complete), those inchoate acts merge into the substantive offense for purposes of punishment. Conspiracy, on the other hand, is a separate crime with its own elements (a plural agreement to commit a crime) and does not merge into the underlying offense, so it can be punished separately even if the target crime is carried out. So the correct understanding is that attempts and solicitations merge into the target crime, while conspiracy remains a distinct offense.