Inchoate Crimes - Solicitation

Question 1

Actus Reus

Answer 1

commanding, encouraging, inviting, commanding, requesting

Question 2

Mens Rea

Answer 2

Specific intent - every element raised to intent

Question 3

Limitations

Answer 3

• Limited to felonies
• D cannot be the perpetrator (has to get someone else to commit the crime for D)
• Punishment is small (even for serious crime) = misdemeanor

*Solicitation and attempt cannot go together = solicitation will merge with attempt

Question 4

MPC

Answer 4

• Actus reus: same as CL
• Mens rea: “purpose” (highest mens rea possible)
• No limits on what crimes it applies to
• D can be the final perpetrator
• Punishes solicitation to commit the crime at the same level as the underlying crime

Question 5

Case Lubow

Answer 5

The two guys try and get the third guy to defraud gov with bankruptcy. Meets the actus reus and mens rea because purpose was to scam (NY is in MPC).