Solicitation is complete the moment the defendant, with the purpose that the offense be committed, asks, commands, or otherwise encourages another to commit the crime. No agreement, acceptance, or further step by the person solicited-and certainly not the actual commission of the underlying offense-is required. This distinguishes solicitation from conspiracy (which needs an agreement plus an overt act in many jurisdictions) and from attempt (which requires a substantial step toward commission of the offense). The other statements incorrectly import elements of those separate inchoate crimes.
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Criminal Law and Procedure
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