Nope. Intent matters quite a lot. After all, what defense is it to say you definitely wanted to commit a crime but only lacked the means to do so? There’s an interest in the state prosecuting that person because who knows? They may eventually get the means. Your not innocent simply because you’re poor.
As long as the defendants are the ones who decided to commit the crime, they are prosecutable.
Wow. You really think this way? You're more Stalinist than I thought.
I don't know what statute they are being prosecuted under, but because the FBI is involved, I would assume it is a federal crime.
https://www.law.cornell.edu/uscode/text/18/1201
(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—
(1) the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense;
(2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States;
(3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in
section 46501 of title 49;
(4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in
section 1116(b) of this title; or
(5) the person is among those officers and employees described in
section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.
(b) With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.
(c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.
(d) Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than twenty years.
(e) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections
5 and
7 of this title and
section 46501(2) of title 49. For purposes of this subsection, the term
“national of the United States” has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (
8 U.S.C. 1101(a)(22)).
(f) In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a)(4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.
____________________________________
Now we're getting into some very narrow territory here. What is the "overt" act? Can a government informant be the person committing the "overt" act to trigger the conspiracy?