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CHAPTER 15. PREPARATORY OFFENSES
§ 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. |
