ADJUS-121 Lecture Notes - Lecture 25: Mens Rea, Actus Reus, Misdemeanor
26 Aug 2020
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Solicitation involves the asking, enticing, inducing, or counseling of another to commit a crime. Twenty-two year old pam smart, a high school administrator asked her 15 y. o. lover, billy flynn, to kill her husband gregg. With purpose to promote or facilitate the commission of an offense. And the intent to command, request, encourage, etc. The defendant commands, requests or encourages another to commit a crime. At cl, it was punished as a misdemeanor. Nearly all states have general statutory prohibitions on criminal solicitation. Complete as soon as solicitor makes the request, regardless off whether the person solicited accepts or rejects. Uncommunicated requests for help committing a crime (letter never received) is a solicitation. But see cotton where solicitation conviction was reversed b/c legislature had omitted provision saying uncommunicated requests are solicitations. Attempt requires act (substantial step) but solicitation can occur much earlier in planning since it requires only an offer.
