Solicitation Flashcards

Do it, or not (4 cards)

1
Q

Solicitation

A

Free standing charge, could merge with conspiracy/completed offense if taken further in MPC. Not in CL

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2
Q

Solicitation Elements CL

A
  1. Requesting, commanding or hiring another person to commit a particular offense
  2. Intent to perform the acts constituting solicitation
  3. Specific intent that the other person commit the crime solicited
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3
Q

Undelivered communication

A

Not solicitation in some jurisdictions (Cotton)
Some states charge attempted solicitation.

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4
Q

MPC 5.02 Solicitation

A
  1. Purpose of promoting or facilitating the crime
    a. Commands
    b. Encourages
    c. Requests
  2. another person to engage in specific conduct that would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.
  3. Uncommunicated solicitation is still solicitation if it is “designed to effect” solicitation
  4. Renunciation: persuade or prevent (complete and voluntary)
    NOTE: A person who solicits under the MPC is also guilty of the target crime via 2.06
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