Solicitation Flashcards
Solicitation
i. Trying to get someone else to commit a crime
ii. Solicitation is completed when the defendant entices, encourages, requests, or commands another person to commit a crime with the intention that the other commit the crime
ii. Even if the crime itself was never committed, the person who asks somebody else to commit the crime can be convicted of solicitation to commit murder (or whatever offense)
Mens Rea
A party must have the specific intent that the solicited party commit the object crime
Actus Reus
Asking, inviting, requesting, or encouraging the solicited party to commit the crime
What if Request Was Never Received? Common Law and CA
Communication must be received to satisfy actus reus requirement
What if Request Was Never Received? MPC and Majority
Solicitation is complete when the actor makes the request; does not need to be received