Solicitation Flashcards
What is solicitation?
Solicitation is the crime of trying to get someone to commit your crime for you, with the key evidence being communication
What is the rule regarding solicitation?
Enticing, advising, inciting, inducing, urging or otherwise encouraging another to commit the target offense
What are additional common law requirements for solicitation?
The crime solicited had to be a felony or peace breach, with solicitation being a misdemeanor
What are modern law requirements regarding solicitation?
Solicitation covers a broad range of crimes, and includes requesting another to commit any offense
What is intent requirement for solicitaiton?
The solicitor must intend that the solicitee perform criminal acts
When is solicitation offense considered complete?
Solicitation is considered a completed offense at the time the solicitation is made - once a solicitation is communicated, it’s a crime
Can a D withdraw from solicitation?
No, the solicitor can’t withdraw from solicitation
What is liability regarding solicitation?
There is no requirement that the solicitee commit the offense for liability for the solicitor, but if the solicitee does either complete the offense or an attempt the solicitation merges into that offense and the solicitor will be charged as an accomplice (will not be charged with solicitation)
