Common Law Solicitation

Solicitation is a general intent crime under the Common Law; however, it was typically treated as though it was a specific intent crime because solicitation is an incomplete crime like attempt. The defendant only needed to have a general intent that his conduct/solicitation will lead to the result of the crime; however, the defendant needed to “have the purpose” or specific intent that the third party will commit the crime.

Under common law, whenever the defendant completed the actus of asking a third party to commit a crime, the solicitation was complete. The law required that the state must show the defendant encouraged or induced through the statement (i.e. the defendant offers the third party tangible property if the third party commits a crime). In order to be found guilty, the defendant’s statement would have to indicate a clear mens rea that the third party commit the crime. Common law only looked at the statement by the defendant and not any actions surrounding the statement. No overt act required under Common Law or MPC. The statement was evaluated under an objective reasonableness standard.

Modern Solicitation

Modern statutes define solicitation as a specific intent crime.  For example, MPC Section 5.02 defines solicitation as:

“A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission [specific intent] he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.”

If the defendant wants to end or renunciate the solicitation he must persuade the third party not to do the crime or otherwise prevent the commission of the crime. In order to renunciate from the solicitation, the defendant must manifest a “complete and voluntary renunciation of his criminal purpose” (Section 5.02(3)). Renunciation is presented by the defendant as an affirmative defense.


Helpful: General Intent Crimes List

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