Culpability of Solicitee
Solicitation is a criminal offense whether or not the
solicited crime is committed. Under § 373(c), it is no
defense that the person solicited could not be convicted of the
solicited crime, because the person lacked the requisite mental
state required for its commission, was incompetent or
irresponsible, or because the person is immune from or otherwise
not subject to prosecution.|
However, the lack of responsibility or competence of the
person solicited may be relevant in determining the intent of the
person soliciting the crime. For example, as the legislative
history points out, "an entreaty to a young child or to an
imbecile may indicate the solicitor's lack of serious purpose."
S. Rep. No. 98-225, 98th Cong., 2d Sess. 310 (1984), reprinted
in 1984 U.S. Code & Adm. News 3182, 3489.
[updated January 1998] [cited in USAM 9-60.500]