What is solicitation, and how does it differ from conspiracy and attempt?
What will be an ideal response?
Solicitation is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime. "[T]he essence of criminal solicitation is an attempt [by the solicitor] to induce another to commit a criminal offense." Moreover, it is a requirement that the solicitor intend to hide behind the solicited, or to "work behind the scenes." Anything more than that may elevate a solicitation to something more significant, such as conspiracy or attempt. Solicitation also does not occur if one person uses another as an "innocent instrumentality" in the commission of a crime. Solicitation is also distinguished from conspiracy. In general, solicitation is an attempted conspiracy. It consists of an offer. Usually, conspiracy consists of an agreement—as well as an overt act. But a conspiracy need not be preceded by solicitation; conspiracy can occur at any time and without the requirement that one party solicit the other to commit a crime. Finally, it is important to distinguish solicitation from the crime of attempt. Attempt is very similar to solicitation, but the former usually requires a "slight act" following the agreement or that the solicitation be "proximate" to the intended crime—that is, in close temporal proximity to it.
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