Solicitation occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a

Question:

• Solicitation occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.

• For solicitation, there is no requirement that the crime actually be completed.

• Solicitation is typically limited to felonies or misdemeanors that involve either obstruction of justice or breach of peace.

• Solicitation does not occur if one person uses another as an “innocent instrumentality” in the commission of a crime.

• Solicitation is distinguished from conspiracy. In general, solicitation is an attempted conspiracy.

Questions:-

1. What is solicitation, and how does it differ from conspiracy and attempt?
2. Does solicitation require that the crime that was solicited actually be completed?

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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