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 Actus Reus: Solicitation
Case:
 
 People v. Lubow
[pp. 689-691] Facts: Δ owed Silverman $30k for diamonds purchased on credit. When Silverman went to the Δ, anddemanded his money, because he was being forced into bankruptcy, Δ responded by inviting Silverman to participate in a scheme to defraud creditors. They would basically buy diamonds on credit, then declare bankruptcy. Silverman told the police, and he had a tape recorder put on him to record later conversationseluding to the same crime.Holding: Court holds that there was sufficient evidence in the record to find the Δ intended Silverman to engagein conduct constituting a felony by defrauding creditors.
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Solicitation is that with the intent that another person shall engage in conduct constituting a crime, theaccused solicits, requests, commands, importunes, or otherwise attempts to cause such other person toengage in such conduct. Solicitation in of itself is a crime - the communication is the crime, and thereneedn't be any corroboration.
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MPC says, "Purposeful solicitation presents dangers calling for preventive intervention and issufficiently indicative of a disposition towards criminal activity to call for liability. Moreover, thefortuity that the person solicited dos not agree to commit or attempt to commit the incited crime plainly should not relieve the solicitor of liability." 
 _______________________ Notes
[pp. 691-694] 
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MPC § 5.02. Criminal Solicitation
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(1) Definition of solicitation. A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages, or requestsanother person to engage in specific conduct that would constitute such crime or an attempt tocommit such crime or that would establish his complicity in its commission or attemptedcommission.
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(2) Uncommunicated solicitation. It is immaterial under Subsection (1) of this Section that theactor fails to communicate with the person he solicits to commit a crime if his conduct wasdesigned to effect such communication.
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(3) Renunciation of criminal purpose. It is an affirmative defense that the actor, after solicitinganother person to commit a crime, persuaded him not to do so or otherwise prevented thecommission of the crime under circumstances manifesting a renunciation of his criminal purpose.
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Solicitation vs. Attempt 
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For grading - MPC treats solicitation same as attempt.
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MPC § 5.05 (3) - says a Δ can be punished for either solicitation or attempt, but not both.
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Some states impose a lesser punishment for solicitation that for attempt, so the relationship between them becomes important.
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 People v. Superior Court 
(2007) - Δ wanted to kill his sister & her friend, but out of fear that he would be the prime suspect and would make a mistake, he sought to hire anassassin. He gave the assassin a lot of detailed information about his sister, and agreed ona price. The assassin was actually a police detective, and before Δ gave him the money,the detective asked Δ if he was sure, and Δ said he was very sure. Δ argues that he's onlyguilty of solicitation of murder, not attempt.
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Court said that although Δ did not aim the gun, he aimed a professional whoagreed to commit the murder (in some ways, may be worse, because professionalwill def do it, while Δ may not be able to).
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