Solicitation

Punishment

A person can only be punished for ONE Article 5 offense. (attempt, solicitations, or conspiracy).

Common Law definition of Solicitation

Defendant acted with specific intent to advise, entice, order, or encourage another person to commit a crime. *it is not necessary for the other person to consent or even attempt to commit the crime*

Abandonment (MPC)

There are two requirements: 1. the D must persuade the person solicited not to commit the crime or prevent is commission. 2. Renunciation must be "complete and voluntary."

T.C.A. 39-12-102 Solicitation

Whoever by means of oral, written or electronic communication, directly or through another, intentionally commands, requests, or hires another to commit a criminal offense... It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. No defense that person solicited could not be guilty due to insanity, minority, etc. Not defense that person solicited was unaware of the criminal nature.

Abandonment (Common Law)

at very least, D must communicate charge of heart and ensure crime not committed. Renunciation is NOT a defense.

Legal Impossibility (Common Law)

can be a defense. Encouraging someone to do something that is not a crime.

MPC Definition of Solicitation

guilty of solicitation if w/the PURPOSE of promoting or facilitating its commission he commands, encourages, or requests another person to engage in specific conduct that would constitute a crime. Applies to ALL crimes-not just felonies and misdemeanors.

Law Enforcement

law enforcement may "solicit" crime in order to catch criminals and detect criminal activity.

MPC Actus Reas for Solicitation

punishes even if words don't reach the person. Must command, encourage, or request another to a)commit crime b) attempt to commit crime or c)become accomplice in commission or attempted commission of crime.

MPC Mens Rea

requires highest possible mens rea, purpose. Defendant must desire to encourage all conduct and result elements of crime solicited and must know/believe all circumstance elements will be satisfied.

Common Law Mens Rea

specific intent crime. Intent is the mens Rea. must have intent tas to the conduct, results, and circumstances. Thinking out loud or joking would not be enough.

Factual Impossibility (Common Law)

the crime cannot be committed. Factors that won't allow it essentially.

Common Law Actus Reus for Solicitation

through words of courafgement or simply being present and applauding or cheering. If words did not reach person, in some jurisdictions it may be attempted solicitation.

Impossibility (MPC)

would only allow legal impossibility as a defense; there is no crime for the solicited act.