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1092. 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 JM 9-60.500]

Updated January 21, 2020