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Inchoate Offenses: Solicitation

By Baker Associates

Yesterday's blog focused on the inchoate offense of attempt, which is very similar in a lot of ways to the focus of today's blog: solicitation. Solicitation is defined in the Tennessee Code as using basically any form of communication (written, oral, sign language, Morse code, etc.) to command, hire, or otherwise enlist someone to commit a criminal offense. Like assault, the offense of solicitation is complete as soon as the act of solicitation is completed; it makes no difference that the solicited party actually does or does not follow through with the completion of the crime except that completion of the offense may lead to more serious charges for all responsible parties under the doctrine of merger. Also like assault, it is no defense to solicitation that the offense could not be completed because the soliciting party was mistaken about the facts and could never have completed the intended offense...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on July 20, 2010 (boomark / email).