SOLICITATION

Question 1

Definition for solicitation

Answer 1

The crime of trying to get someone else to commit the crime.

Question 2

Act

Answer 2

Communication

Question 3

Mens Rea

Answer 3

GI: purpose to communicate
SI: purpose to commit the target offense

Question 4

Original common law requirement

Answer 4

The solicitor had to have been successful in notifying the solicitee. Solicitation was incomplete until the communication was received.

Question 5

MPC variant

Answer 5

An incomplete communication is complete as long as the ∆ intended to communicate.

-So still solicitation if he solicits an undercover cop, etc.

Question 6

Does it merge into the target offense?

Answer 6

Yes! Solicitation will always merge into an attempt, complete target offense or conspiracy

Question 7

If a person agrees to a solicitation what happens?

Answer 7

It turns into a conspiracy

Question 8

Rules

Answer 8

• The offense is complete once ∆ asks someone to commit a crime
• Solicitation is only an offense when he person doesn’t agree to the crime

Question 9

Defenses

Answer 9

CL - Intoxication or other defense that negates SI. NO withdrawal/renunciation

MPC: Complete and Voluntary + persuades solicited not to commute crime or prevents it from happening

Question 10

Attempted solicitation in MPC?

Answer 10

Yes - ∆ is caught writing a letter