Also known as: solicitors
Written by attorneys · grounded in primary & secondary sources — see below
A person who intentionally incites, counsels, advises, induces, urges, or commands another to commit a crime, acting with the specific intent that the crime be committed. The offense is complete upon the making of the solicitation. Factual impossibility provides no defense because culpability is measured by the circumstances as the solicitor believed them to be.
Sierra Santos offered Sofia Stern cash to destroy documents in a pending investigation, believing the documents remained accessible in a file cabinet. Although the documents had already been destroyed by a third party, making success impossible, Sierra Santos is still guilty of solicitation. The law measures her culpability by the facts as she believed them to be at the time she made the request.
Spencer Silver privately offered Steven Silva extra pay if Steven would start a loud confrontation at a rival business to force police intervention. Spencer described the exact location and timing to provoke the disturbance. The solicitation was complete when Spencer made the request with intent that Steven commit the breach of the peace, regardless of Steven's response.
Select any source to read its text and confirm it supports the definition.
Sasha Stone offered Sarah Sullivan a promotion if Sarah would conceal subpoenaed records until after a hearing. Sasha pointed to the specific files and stressed the need for discretion and timing. The offense was complete upon the inducement with specific intent that Sarah obstruct justice, even though Sarah reported the request instead.
Sofia Stern told Sierra Santos she would share profits if Sierra loosened steering parts on a customer's car to create billable repairs. Sofia described the method and tied it to the financial gain. The solicitation was complete at the moment of the request with intent that Sierra commit the crimes, irrespective of any later refusal.
Steven Silva offered Sasha Stone cash to lose grand jury subpoenaed files until after an investigation concluded. Steven specified the files and the benefit of avoiding scrutiny. The solicitation occurred upon the inducement with purpose that Sasha obstruct justice, and later withdrawal could not negate the completed offense.
Sarah Sullivan offered Spencer Silver a share of tips if he and others would overturn tables at a competitor's truck to prompt police action. Sarah provided the method and timing on a busy night. The offense was complete when Sarah made the request with specific intent that the breach of the peace occur.
No. The solicitor's culpability is measured by the circumstances as the solicitor believed them to be, even if the solicited crime could not in fact have succeeded.
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No. The offense is complete when the solicitor intentionally urges or commands another to commit a crime with the specific intent that the crime occur. The solicited person's refusal or inaction does not negate liability.
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No. Once the defendant has made the solicitation, subsequent withdrawal or renunciation ordinarily does not constitute a defense.
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The solicitor must act with specific intent that the person solicited actually commit the crime. Mere general approval of criminal conduct is insufficient.
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…own choice and, more recently, that he has a right to free counsel if he is unable to pay.[^maj-54] A letter received from the Solicitor General in response to a question from the Bench makes it clear that the present pattern of warnings and respect for the rights of the individual followed as a practice by the FBI is…