Inchoate Offenses: Intro & Solicitation

Question 1

What are the three inchoate offenses ?

Answer 1

1. solicitation
2. conspiracy
3. attempt

Question 2

what are the elements of solicitation?

Answer 2

1. soliciting another to commit a crime;

2. with the INTENT that the person commit the crime

Question 3

Is it a defense to solicitation that the person solicited is not convicted, or that the solicited offense could not have been successful?

Answer 3

NO

Question 4

It is a defense that the solicitor renounces or withdraws the solicitation?

Answer 4

Most jurisdictions –> NO

M.P.C. —> renunciation is a defense if D prevents the commission of the crime.

Question 5

With regards to solicitation, what is the special rule re: legislative intent to exempt?

Answer 5

It IS a defense that solicitor could not be found be found guilty of committed crime bc of legislative intent to exempt her.

EXAMPLE –> child cannot be guilty of soliciting statutory rape

Question 6

With regards to solicitation, what is the effect if the person solicited actually commits the crime solicited?

Answer 6

Both people can be held liable for the crime

HOWEVER –> solicitation will merge into the crime

Question 7

With regards to solicitation, what is the effect if the person solicited commits acts sufficient to constitute attempt?

Answer 7

Both people can be held liable for the attempt

HOWEVER –> solicitation will merge into the attempt

Question 8

With regards to solicitation, what is the effect if the person solicited agrees to commit the crime, but does not even commit acts sufficient to constitute attempt?

Answer 8

Both parties can be held liable for conspiracy

HOWEVER –> solicitation will merge into the conspiracy