Two college students, John and James are drinking beer in a local bar. John asks James to help him paint the public statute pink to protest the lack of progress on cancer research. Such conduct is a violation of a state law
James refuses the request, but goes the next day to what John paint the statute. What crimes have they committed?
By requesting James to help commit the substantive crime, John has committed the crime of solicitation. Since James refused the request he is not guilty of conspiracy. Neither is John because there is no agreement. John is also guilty of violation of the law by painting the statute. James took no part in the painting, was merely an observer, and was under no known duty to stop John or to report the crime. James is not guilty of merely watching the crime.
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