(a) A person commits the crime of solicitation if, with intent to cause another to engage in conduct constituting a crime, the person solicits the other to engage in that conduct.
(b) In a prosecution under this section,
(1) it is not a defense
(A) that the defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the solicitation; or
(B) that a person whom the defendant solicits could not be guilty of the crime that is the object of the solicitation;
(2) it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, after soliciting another person to engage in conduct constituting a crime, prevented the commission of the crime.
(c) Solicitation is
(1) an unclassified felony if the crime solicited is murder in the first degree;
(2) a class A felony if the crime solicited is an unclassified felony other than murder in the first degree;
(3) a class B felony if the crime solicited is a class A felony;
(4) a class C felony if the crime solicited is a class B felony;
(5) a class A misdemeanor if the crime solicited is a class C felony;
(6) a class B misdemeanor if the crime solicited is a class A or class B misdemeanor.
(d) If the crime solicited is an unclassified crime described in a state law which is not part of this title and no provision for punishment of a solicitation to commit the crime is specified, the punishment for the solicitation is imprisonment for a term of not more than half the maximum period prescribed as punishment for the unclassified crime, or a fine of not more than half the maximum fine prescribed as punishment for the unclassified crime, or both. If the crime solicited is punishable by an indeterminate or life term, the solicitation is a class A felony.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.