Criminal Law

Solicitation


Solicitation is when one:

  1. Solicits (Asks, hires, encourages, etc.)
  2. A third party to perform a crime and
  3. Has the specific intent or purpose that the third party carry out the crime.

Solicitation usually merges with the solicited offense but usually not with a conspiracy.

The Model Penal Code and many jurisdictions allow a renunciation defense if the defendant prevents the solicitee from carrying out the crime.