Wendy is unhappily married to Herbert, and has been having an affair with Bart. Wendy says to Bart, "Won't you please kill Herbert? If you do, we can live happily ever after." Bart does not respond either way, but tells the police what has happened. The police arrest Wendy before Bart takes any action regarding Herbert. On these facts, Wendy is guilty of solicitation she has requested or encouraged another to perform a criminal act, and it does not matter that the other has refused