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Questions and Answers
What happens if the person solicited actually commits the crime they have been solicited to commit?
What happens if the person solicited actually commits the crime they have been solicited to commit?
- The person who solicited is guilty of a lesser offense.
- Both the person who solicited and the person who committed the crime can be found guilty. (correct)
- The solicitation charge is dropped.
- Only the person who committed the crime is guilty.
Which of the following statements about solicitation and conspiracy is correct?
Which of the following statements about solicitation and conspiracy is correct?
- An agreement to commit a crime may lead to both solicitation and conspiracy charges. (correct)
- Solicitation is always a separate charge from conspiracy.
- Only the solicitor can be charged with conspiracy.
- Solicitation cannot lead to conspiracy under any circumstances.
What is true about the relationship between solicitation and criminal attempts?
What is true about the relationship between solicitation and criminal attempts?
- If the solicited person attempts the crime, the solicitor may also be guilty of criminal attempt. (correct)
- Solicitation and criminal attempts are always treated as the same offense.
- A person who solicits is never guilty of criminal attempts.
- Solictiation guarantees a successful criminal attempt.
How does the solicitation charge relate to merger doctrine?
How does the solicitation charge relate to merger doctrine?
If a person merely attempts to commit a crime but does not solicit anyone, what is true?
If a person merely attempts to commit a crime but does not solicit anyone, what is true?
What must a person do to be charged with solicitation of a crime?
What must a person do to be charged with solicitation of a crime?
Which of the following describes the intent required for solicitation?
Which of the following describes the intent required for solicitation?
What is considered the Actus Reus of solicitation?
What is considered the Actus Reus of solicitation?
How close in proximity is solicitation usually to the completed offense?
How close in proximity is solicitation usually to the completed offense?
Under common law, for which crimes could solicitation be charged?
Under common law, for which crimes could solicitation be charged?
What distinguishes solicitation from mere encouragement?
What distinguishes solicitation from mere encouragement?
Which of the following scenarios could be considered solicitation?
Which of the following scenarios could be considered solicitation?
What is the primary concern in criminal law regarding solicitation?
What is the primary concern in criminal law regarding solicitation?
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Study Notes
Solicitation
- Solicitation occurs when someone requests, commands, or entices another person to commit a crime.
- Mere encouragement is not enough for solicitation to occur.
- Solicitation is justified by the increased danger of multiple people operating in secrecy.
- A person can be held responsible for solicitation even if the person they solicit refuses to commit the crime.
- Solicitation is a specific intent crime, requiring a specific intent to commit a particular crime.
- The actus reus of solicitation is the act of soliciting itself, which is typically verbal but can also be through conduct.
- Solicitation is considered a predatory act and can be far removed from the target offense in terms of proximity.
- At common law, solicitation could be charged for any crime.
- Modern statutes often limit solicitation to certain specified felonies.
- If the person solicited commits the crime, the person who solicited them may also be found guilty of the target offense.
- If the person solicited attempts to commit the crime, the person who solicited them may also be found guilty of criminal attempt.
- The act of solicitation merges into the crime of conspiracy if there is an agreement to commit the crime.
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