preoffense

Preoffense is a term used to describe actions or states of mind that occur before the execution of a crime. It is not a universally defined legal category; in many jurisdictions the same phenomena are described using terms such as inchoate offenses or preparatory conduct.

In common law systems, preoffense conduct is addressed through offenses such as attempt, conspiracy, and solicitation. An attempt generally requires a substantial step toward the targeted crime and more than mere preparation. Conspiracy requires agreement between two or more people to commit a crime and often an overt act in furtherance of the plan. Solicitation occurs when one person invites or asks another to commit a crime. Some jurisdictions treat mere preparation as non-punishable, while others have narrower or broader rules.

Civil law and other systems may regulate dangerous preparatory acts under separate provisions, sometimes using terms similar to preparation or dangerous foresight. The exact boundaries between preoffense, preparation, and the completed offense vary by jurisdiction, statute, and the nature of the offense.

Function and policy considerations include preventing harm by intervening early, but such concepts also raise concerns about overreach and punishing thoughts or plans that have not yet progressed to action. Courts often require proof of intent, proximity, or an overt act to avoid punishing innocent behavior, balancing public safety with individual rights.

Related topics include inchoate offenses such as attempt, conspiracy, and solicitation, as well as broader discussions of preparatory offenses and preventive policing.