Solicitation is the asking, encouraging, requesting, hiring, or commanding someone to commit a crime. Unlike conspiracy, neither party has to actually perform an additional act to further the attempted crime toward completion. The person who is solicited does not have to agree to commit the crime. However, the person charged with solicitation must intentionally request someone to commit a crime.
In Texas, a person can be charged with solicitation if they:
As with any criminal case, an individual whose testimony can help prove the prosecution’s case is free to testify for the prosecution. However, a defendant cannot be convicted of solicitation based on uncorroborated testimony of the individual who claims to have been solicited. In addition, the testimony must strongly corroborate both the solicitation and the defendant’s intent to solicit.
In Texas, the following are not defenses to solicitation:
In Texas, solicitation can be either a first-degree felony or a second-degree felony. It is a felony in the first degree if the solicited crime was a capital offense. This means the punishment will likely be life without parole or death. Alternatively, it is a second-degree felony if the solicited crime was a first-degree felony. A second-degree felony punishment can be:
Solicitation is an incredibly serious crime, especially in Texas. You need to contact a Texas lawyer immediately if you have been accused of solicitation.
Last Modified: 10-03-2016 01:38 PM PDTLaw Library Disclaimer
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