Solicitation

MPC Definition of Solicitation §5.02(1)

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 which would constitute the crime or an attempt to commit the crime or would establish his complicity in its commission or attempted commission. 5.02(2): It is immaterial under Subsection (1) of this Section that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communications. *AKA The actor doesn't have to communicate with the person if his conduct was designed to effect such communication (e.g. Simply placing in mail, e-mail, etc.)

Factual Impossibility and Solicitation @ Common Law and MPC

At common law, factual Impossibility is NO defense to solicitation (ex. Person solicited was undercover cop). Under MPC, factual impossibility IS a defense to solicitation.

Attempted Solicitation?

If receipt of the attempted solicitation is not required (as under the MPC), then probably no need for crime of attempted solicitation because crime is complete at the time the defendant tries to deliver the communication. For jurisdictions requiring receipt, it would make more sense to have an attempted solicitation option.

Doctrine of Merger

Once more happens, the D. is not guilty of both solicitation and the crime committed -- merges to an accomplice liability charge, so the D. would be charged with the higher crime instead.

MPC Affirmative Defense to Solicitation §5.02(3)

Renunciation of Criminal Purpose: It is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

When Can One Be Charged with Solicitation?

Solicitation is generally charged when the target offense has not been completed. The target offense is typically not completed for two reasons: (1) The solicitation not received by the recipient; or (2) When the person solicited has no intent to attempt or complete offense (e.g. Undercover officer, etc.)

Solicitation - Definition

Urging or asking another to commit a crime with the specific intent that the person solicited commit the crime. The offense is complete at the time the solicitation is made.