CHAPTER XII UNFINALISED C RIMES : THREATS, INCITEMENT , C ONSPIRACY AND A TTEMPT 186 Threats (1) Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if (a) he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned; or (b) he or she realised that there was a real risk or possibility of inspiring in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned; and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. (2) Subsection (1) shall apply whether the person who is the subject of the threat is the person to whom the threat is communicated or is some other person. (3) For the purposes of subsection (1), a charge of threatening to commit a crime shall only be competent where the crime concerned is murder, rape, aggravated indecent assault, indecent assault, kidnapping or unlawful detention, theft, robbery, unlawful entry into premises, or malicious damage to property. [Subsection amended by section 31 of Act 9 of 2006.] 187 Incitement (1) Any person who, in any manner, communicates with another person (a) intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment; or (b) realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment; shall be guilty of incitement to commit the crime concerned. (2) It shall be immaterial to a charge of incitement that (a) the person who was incited was unresponsive to the incitement and had no intention of acting on the incitement; or (b) the person who was incited did not know that what he or she was being incited to do or omit to do constituted a crime. 188 Conspiracy (1) Any person who enters into an agreement with one or more other persons for the commission of a crime, whether in terms of this Code or any other enactment (a) intending by the agreement to bring about the commission of the crime; or (b) realising that there is a real risk or possibility that the agreement may bring about the commission of the crime; shall be guilty of conspiracy to commit the crime concerned. (2) For an agreement to constitute a conspiracy (a) it shall not be necessary for the parties (i) to agree upon the time, manner and circumstances in which the crime which is the subject of the conspiracy is to be committed; or (ii) to know the identity of every other party to the conspiracy; (b) it shall be immaterial that (i) the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement; or (ii) one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime. 189 Attempt (1) Subject to subsection (1), any person who (a) intending to commit a crime, whether in terms of this Code or any other enactment; or (b) realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed; does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned: (2) A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime.