MBE Rules · Criminal Law
Solicitation
The rule
Asking, urging, encouraging, or commanding another to commit a crime, with intent that the other commit it. Complete upon the request — no agreement or action required. Merges with the target crime if it occurs. Defense of renunciation in MPC if defendant prevents commission.
In plain English
Solicitation is when you try to get someone else to commit a crime for you. You don't need them to agree or do anything; just asking is enough.
Worked example
The defendant asks a friend to steal a car. Even if the friend says no and does nothing, the defendant has committed solicitation.
Memory hook
Solicitation: just ask, it's a crime. Once you request, it's complete. No need for agreement or action.
The trap
Students think: agreement is needed for solicitation. Wrong, because solicitation is complete upon the request. The actual test is intent and the act of asking.
How examiners test it
The MBE loves: defendant asks another to commit a crime, but no crime occurs. Trap: assuming no crime without action. Remember, solicitation is complete with the request alone.
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