MPC: Solicitation to commit crime v. solicitation to attempt
Posted: Sun Apr 24, 2011 1:04 pm
MPC Langugage
A person is guilty of solicitation to commit a crime if:
(1) the actor's purpose is to promote or facilitate the commission of a substantive offense; and
(2) with such purpose, he commands, encourages, or requests from another person to engage in conduct that would constitute the crime, [OR] an attempt to commit it, or would establish the other person's complicity in its commission or attempted commission
I understand that MPC is broader than common law for solicitation in that it includes some of these other things like attempt or complicity. My question is what factual situation would allow someone to be held liable for solicitation under "attempt to commit it" language that WOULDN'T be held liable under "engage in conduct that would constitute the crime" or under common law, which does not include this language about soliciting an attempt to commit a crime. It seems that if you solicit someone to COMMIT a crime, then you have to solicit them to ATTEMPT to commit it as well.
A person is guilty of solicitation to commit a crime if:
(1) the actor's purpose is to promote or facilitate the commission of a substantive offense; and
(2) with such purpose, he commands, encourages, or requests from another person to engage in conduct that would constitute the crime, [OR] an attempt to commit it, or would establish the other person's complicity in its commission or attempted commission
I understand that MPC is broader than common law for solicitation in that it includes some of these other things like attempt or complicity. My question is what factual situation would allow someone to be held liable for solicitation under "attempt to commit it" language that WOULDN'T be held liable under "engage in conduct that would constitute the crime" or under common law, which does not include this language about soliciting an attempt to commit a crime. It seems that if you solicit someone to COMMIT a crime, then you have to solicit them to ATTEMPT to commit it as well.