A man approached a woman he believed to be a professional hitman and asked her to kill his business rival for financial compensation. The woman agreed to the man's proposal, but unbeknownst to the man, she was actually an undercover police officer. The next day, the man changed his mind and contacted the officer to call off the arrangement, but she arrested him shortly thereafter. Is the man guilty of solicitation?
Yes, because he requested the commission of the crime and the solicitation was complete at the moment he made the request.
Yes, because the officer's agreement satisfied the perceived solicitation.
No, because he withdrew his request prior to further action being taken.
No, because the alleged hitman was an undercover officer and could not legally fulfill the crime.
The man is guilty of solicitation because he intentionally urged another person to commit murder, which qualifies as a serious felony. Solicitation is complete the moment an individual communicates their intent to a party, regardless of whether that party actually has the willingness or ability to accomplish the crime. His decision to withdraw the request does not negate the crime of solicitation because it was already complete at the moment of his initial communication.
Other answers are incorrect because solicitation does not require an overt act, depend on the actual status or intentions of the person solicited, or depend on whether the solicitation leads to an agreement. The focus is on the solicitor’s intent and their communication requesting the unlawful act.
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What constitutes solicitation in a legal context?
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Why is the agreement of the undercover officer significant in this case?
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What happens if someone withdraws their solicitation request?