John and Marsha are undergoing a bitter divorce. The process has been long and difficult and it appears to John that the divorce will never become final. He decides to hasten matters along
John contacts Bill, a previously convicted felon, and offers Bill $5,000 to kill Marsha. Bill agrees to kill Marsha. John pays him $2,500 as a down payment for the act. Unknown to John, Bill is an informant for the local sheriff's department and has absolutely no intention of killing Marsha. He immediately reports the entire incident to the sheriff's department. Which of the following statements is correct about this situation?
A) John is not guilty of criminal solicitation because Bill did not actually kill Marsha.
B) John is guilty of criminal solicitation and attempted capital murder because he believed Bill would carry out the murder.
C) John is not guilty of criminal solicitation because Bill had no intention of killing Marsha when he took the down payment.
D) John is guilty of criminal solicitation because he requested Bill commit capital murder.
D
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