1084. Elements of Solicitation

Under the solicitation statute, the Government must prove two essential elements. First, the Government must establish that the defendant had the intent that another person engage in conduct constituting a felony crime of violence in violation of Federal law. The intent must be shown to be serious by strongly 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 F.3d 1331, 1337 (7th Cir. 1994); United States v. Razo-Leora, 961 F.2d 1140, 1147 n.6 (5th Cir. 1992); United States v. McNeill, 887 F.2d 448, 450 (3d 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 1052 (1st Cir. 1988). The phrase "otherwise endeavors to persuade" covers any situation where a person seriously seeks to persuade another person to engage in 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 States v. Buckalew, 859 F.2d at 1054. The Criminal Division has prepared a form indictment for § 373 offenses. [jump text to form indictment next page]

[updated January 1998] [cited in JM 9-60.500]