Elements of Solicitation
Under the solicitation statute, the Government must prove two
elements. First, the Government must establish that the defendant had the
that another person engage in conduct constituting a felony crime of
violation of Federal law. The intent must be shown to be serious by
corroborative circumstances. Second, the Government must prove that the
defendant commanded, induced, or otherwise endeavored to persuade the other
person to commit the felony. See United States v. Rahman, 34
1331, 1337 (7th Cir. 1994); United States v. Razo-Leora, 961 F.2d
1147 n.6 (5th Cir. 1992); United States v. McNeill, 887 F.2d 448, 450
Cir. 1989), cert. denied, 493 U.S. 1087 (1990); United States v.
Holveck, 867 F. Supp. 969, 977 (D. Kan. 1994); United States v.
Buckalew, 674 F. Supp. 940, 942 (D. Maine 1987), aff'd, 859 F.2d
(1st Cir. 1988). The phrase "otherwise endeavors to persuade" covers any
situation where a person seriously seeks to persuade another person to
criminal conduct. S. Rep. No. 97-307, 97th Cong., 1st Sess. 183-84 (1982).
See United States v. McNeill, 887 F.2d at 450; United
Buckalew, 859 F.2d at 1054. The Criminal Division has prepared a form
indictment for § 373 offenses. [jump text to form indictment next
[updated January 1998] [cited in USAM 9-60.500]