Solicitation

MPC Solicitation elements

1) the actor's purpose is to promote or facilitate the commission of a substantive offense; and (2) with such purpose, he commands, encourages, or requests another person to engage in conduct that would constitute the crime, an attempt to commit it, or would establish the other person's complicity in its commission or attempted commission

How to renounce solicitation

A person is not guilty of solicitation if he: (1) completely and voluntarily renounces his criminal intent; and (2) either persuades the solicited party not to commit the offense or otherwise prevents him from committing the crime.

When does the solicitation act take place? When is it complete?

Act for solicitation takes place when one person invites, requests, commands, hires, or encourages another to commit a particular offense. The solicitation is complete the instant the actor communicates the solicitation to the other person

Solicitation MPC, more broad or less broad than CL?

Broader than C/L because 1. it applies to the solicitation of all crimes not just felonies and serious misdemeanors, 2. no relationship needed, 3. uncommunicated solicitation is still solicitation

M/R solicitation requirement at C/L

SI

C/L solicitation grading

Solicitation is a common law misdemeanor, regardless of the grade of the offense solicited.

What happens when solicited crime takes place?

Solicitor is an accomplice if crime takes place. Solicitor will be charged with substantive crime at that point because the solicitation merges. Or will be charged with conspiracy instead of soliciting once its merged to that.

how does the code grade solicitation?

The Code grades nearly all inchoate crimes, including solicitation, at the same level as the target offense.

C/L solicitation definition

a common law "solicitation" occurs when a person invites, requests, commands, hires, or encourages another to engage in conduct constituting any felony, or a misdemeanor relating to obstruction of justice or a breach of the peace.

Uncommunicated Solicitation, what happens?

a jail inmate, wrote letters to X, his wife, in which he solicited criminal activities on her part. Although C attempted to mail or forward the letters to X, there was no evidence that they actually reached her. The court held that, on this evidence, C could not be convicted of solicitation, although it suggested that a charge of attempted solicitation might have been allowed. but myers thinks this is silly

Solicitation vs Attempt

large majority of courts state that the act of solicitation cannot by itself constitute an attempt to commit the offense solicited. a minority prove that solicitaiton can constitute an attempt, subject to ordinary attempt doctrines.

solicitation merging with attempt

talk through it, powerful stuff. usually the solicitation and an overt act is enough to get attempt even if there is no physical promiximity or substantial step