Current Texas law limits the application of the criminal solicitation statute to capital felonies and felonies of the first degree

Question

Anecdotal evidence suggests that virtually all criminal solicitation prosecutions involve solicitation of murder or capital murder. Should the criminal solicitation statute be expanded to cover the solicitation of any felony offense? Why or why not?

Answer 1

Answers will vary but students might note some of the following in favor or against the proposition:
• Murder and capital murder are the most serious offenses in society and deserve special sanctions for anyone who tries to induce another to commit such an offense.
• Evidence is lacking regarding how many non-homicidal felonies are solicited but never committed. This may be a non-issue. If a solicited felony is actually committed, the individual who induced the other to commit the offense is likely culpable under the law of parties or the conspiracy statute.
• Anecdotal evidence suggests that persons engaged in committing solicitation of capital murder are discovered through tips from the public or use of undercover police officers. Neither of these strategies would likely be effective in discovering solicitations to commit other felonies, particularly crimes against property.
• Consideration might be given to expanding the criminal solicitation statute to efforts at inducing others to sell controlled substances. This is one area where anecdotal evidence suggests that individuals are solicited to commit felony offenses.