Criminal Solicitation

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Criminal Solicitation is a charge that is dependent on the intent to commit either a first degree felony or a capital felony. Therefore, these cases are charged with reference to another criminal act, as in "Solicitation of Murder" or "Solicitation of Aggravated Sexual Assault of a Child." Per the statute, a solicitation charge is "a felony of the first degree if the offense solicited is a capital offense; or a felony of the second degree if the offense solicited is a felony of the first degree."

Statute(s)

Penal Code § 15.03. CRIMINAL SOLICITATION.

(a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
(b) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.
(c) It is no defense to prosecution under this section that:
    (1) the person solicited is not criminally responsible for the felony solicited;
    (2) the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;
    (3) the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or
    (4) the felony solicited was actually committed.
(d) An offense under this section is:
    (1) a felony of the first degree if the offense solicited is a capital offense; or
    (2) a felony of the second degree if the offense solicited is a felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 462, § 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.