Solicitation

Solicitation is an inchoate offense that criminalizes the act of intentionally asking, inducing, encouraging, or commanding another person to commit a crime. The crime is complete the moment the solicitation is made, regardless of whether the solicited person agrees to commit the crime, makes any effort to do so, or even understands the request. The focus is entirely on the solicitor's conduct and intent.

The mens rea for solicitation requires the specific intent that the solicited crime be committed. Merely joking about committing a crime or making an idle threat does not constitute solicitation because the required intent is absent. The actus reus is the communication of the request or encouragement to another person. If the communication never reaches the intended recipient (e.g., an intercepted letter), most jurisdictions following common law would not find solicitation, though the MPC would still impose liability because the defendant completed the act of attempting to communicate.

Solicitation merges with the completed offense and with conspiracy. If the solicited person agrees to commit the crime, the solicitation merges into a conspiracy. If the crime is actually committed, the solicitor is liable as an accomplice. At common law, renunciation or withdrawal is not a defense to solicitation, because the crime was already complete upon the asking. Under the MPC, voluntary and complete renunciation is an affirmative defense if the solicitor thwarts the commission of the crime. Solicitation is typically graded as a lesser offense than the target crime.