CRIMINAL SOLICITATION

What does the Penal Code say about Criminal Solicitation?

Criminal solicitation is found in §15.03 of the Texas Penal Code.  It reads as follows

Sec. 15.03.  CRIMINAL SOLICITATION.  (a)  A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.

(b)  A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the other person act on the solicitation.

(c)  It is no defense to prosecution under this section that:

(1)  the person solicited is not criminally responsible for the felony solicited;

(2)  the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;

(3)  the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or

(4)  the felony solicited was actually committed.

(d)  An offense under this section is:

(1)  a felony of the first degree if the offense solicited is a capital offense;  or

(2)  a felony of the second degree if the offense solicited is a felony of the first degree.

Criminal solicitation is found in Chapter 15 of the Penal Code.  The crimes that are found in this chapter are known as preparatory offenses.  These are also known as inchoate offenses.  A preparatory offense is an offense that is not fully formed.

What is the punishment range for Criminal Solicitation?

            The punishment range for criminal solicitation is one level lower than the underlying offense which makes the punishment range for criminal solicitation either a first degree or second-degree felony.  The underlying offense must either be a capital-level offense or a first degree felony.

Can I get probation for Criminal Solicitation?

            Yes, either a judge[1] or a jury[2] can give you community supervision if you are charged with criminal solicitation.

            However a judge cannot give you probation if punished as a first degree felony[3].

            It is important to keep in mind that your sentence must be less than ten years to be eligible for community supervision.  There could be other limits to community supervision depending on the underlying offense.[4]

What is the Statute of Limitations for Criminal Attempt?

            The Statute of Limitations for criminal attempt is the same as that of the offense solicitated.[5]

Explain it to me like I’m five!

            “[I]t is because criminal solicitation ‘reaches so far back into preparatory conduct,’ that is applies only to the most serious offenses[6].

            Most people are familiar with the term murder for hire.  This is exactly what criminal solicitation is.  Murder for hire just sounds cooler.  Criminal solicitation is a person contracting or forcing another person to commit a felony.  It is important to note that the underlying felony need not actually be carried out.  All the state must show is the communication and the culpable intent.

            A person also cannot be convicted just by the uncorroborated testimony of the person allegedly solicited.  This means that the State has to show additional evidence that a solicitation did in fact occur other than that person’s testimony.  This is similar to the accomplice witness rule that is found in Texas Code of Criminal Procedure[7].

Conclusion

Please keep in mind that the state of the law is always changing whether by case law or through legislation. While the information on this blog is correct at the time of posting, it could change at the time of reading.

If you are charged with a crime, it is important to contact an experienced criminal defense attorney.


[1] Texas Code of Criminal Procedure 42A.053-42A.054

[2] Texas Code of Criminal Procedure 42A.055-42A.056

[3] Texas Code of Criminal Procedure 42A.054(a)(1)

[4] Texas Code of Criminal Procedure 42A.054 and 42A.056

[5] Texas Penal Code 12.03(a)

[6] Schwenk v. State 733 S.W.2d 142, 144 (Tex.Crim.App. 1981)

[7] Texas Code of Criminal Procedure 38.14