Difference between revisions of "Solicitation"

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(Created page with 'An individual may be culpable of solicitation if he or she encourages another to commit a particular offense. Solicitation is a specific intent crime in the United States. The so�')
 
 
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Example: A person is guilty of solicitation if:
 
Example: A person is guilty of solicitation if:
 
#his purpose is to promote or facilitate the commission of a substantive offense; and  
 
#his purpose is to promote or facilitate the commission of a substantive offense; and  
#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. <ref> MPC 5.02(1) </ref>
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#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. <ref> MPC Section 5.02(1) </ref>
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'''Merger:'''
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Solicitation merges with the target crime (including attempt and conspiracy) upon completion of the crime.  D cannot be convicted of both solicitation and [[Conspiracy|conspiracy]]/[[Attempt|attempt]].
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Latest revision as of 12:40, 17 January 2011

An individual may be culpable of solicitation if he or she encourages another to commit a particular offense. Solicitation is a specific intent crime in the United States. The solicited individual need only attempt to complete the crime for solicitation to exist.

There is one primary defense to solicitation:

  • Renunciation - In order to use this defense, the defendant must 1) renounce intent for principal to commit crime and 2) discourage or otherwise stop principal from completing crime,

Example: A person is guilty of solicitation if:

  1. his 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. [1]

Merger:

Solicitation merges with the target crime (including attempt and conspiracy) upon completion of the crime. D cannot be convicted of both solicitation and conspiracy/attempt.



See Crimes

Notes

  1. MPC Section 5.02(1)