Solicitation

Question 1

Definition of Solicitation

Answer 1

Misdemeanor to solicit someone into committing a felony or an act that would breach the peace or obstruct justice. The offense is complete at the time the solicitation is made.

Question 2

Elements of Solicitation

Answer 2

(1) inciting, counseling, advising, inducing, urging, or commanding another to commit a crime
(2) with the specific intent that the person solicited commit the crime

Question 3

Solicitation and Attempt

Answer 3

Solicitation is not an attempt. This distinction is important in jurisdictions where there is no crime of solicitation does not extend to as many offenses as does the crime of attempt.

Question 4

Defenses to Solicitation

Answer 4

Exemption from Intended crime

Question 5

Factual Impossibility

Answer 5

It is not a defense that the solicitation could not have been successful. The culpability of the solicitor is measured by circumstances in which she believe them to be.

Question 6

Withdrawal or Renunciation

Answer 6

Once the solicitation has been made, it is generation no defense that the solicitor changed her mind or countermanded her advise or urging. HOWEVER MPC recognizes as a defense if the defendant prevents the commission of the crime, such as by persuading the person solicited not commit the crime.

Question 7

Exemption from Intended Crime is a Defense