Solicitation Flashcards
Solicitation
Occurs if a defendant (1) invites, requests, commands, encourages, or counsels (2) another person (3) to commit a felony or a misdemeanor involving a breach of the peace, (4) with the specific intent that the person solicited carry out the crime.
CL Actus Reus
Inviting, requesting, commanding, hiring, or encouraging another to commit a crime.
Complete the instant the actor communicates the solicitation to the other party.
When the actor does not succeed in the communication, it is not solicitation. (different under MPC)
Distinguished from Innocent Instrumentality
If A asks B to do an act that is a crime in a way that conceals the crime:
A is guilty of attempt because he attempted to commit a crime by using B as an unwitting agent.
If B does commit the crime unknowingly, he has an honest mistake of fact defense and A is guilty of the crime as the principal.
Cotton
Cotton wrote a letter to his wife telling her to convince his stepdaughter not to testify against him. He instructed his wife to offer his stepdaughter money to leave the state so she could not testify. Unknown to Cotton, his cellmate intercepted this letter and turned it over to the authorities.
Proof that a defendant meant to communicate a solicitation is insufficient to constitute the offense of criminal solicitation. There must be proof that the solicitation was actually communicated to the solicitee under CL.
CL Mens Rea
Specific Intent Offense
(1) Intent to perform the acts that constitute the solicitation and (2) specific intent that the other person commit the solicited offense.
Merger
If the person solicited agrees to commit the crime, then it can become conspiracy.
If the person solicited goes on to commit the crime, then the solicitor will be liable as an accomplice.
MPC 5.02(1) Solicitation
A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct
Ways to solicit: ask another to (1) Engage in criminal conduct; (2) Make an attempt to commit the criminal conduct; or (3) Engage in conduct that would establish solicitee’s complicity as an accomplice
Applies to solicitation of all crimes, graded at the same level as the target offense
MPC Uncommunicated Solicitation
5.01(2) It is immaterial that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communication.
MPC 5.02(3) Renunciation
CL and most jdx don’t recognize abandonment/renunciation as defense
The MPC and federal SS recognize the defense if the defendant persuades the person solicited not to commit the target offense or otherwise permits its commission under circumstances showing that the defendant completely and voluntarily renounced his criminal purpose.
