• 1985 - Criminal Solicitation (Defense Negated)
  • K-4.40
    • Affirmative Defenses
    • Affirmative Defenses
    • Criminal Solicitation
  • It is a defense to a prosecution for Criminal Solicitation that [the Defendant would be a victim of the offense if the criminal object were achieved] [the offense is so defined that the Defendant's conduct would be inevitably incident to its commission] [the Defendant otherwise would not be guilty under the statute defining the offense or guilty as an accomplice].

     

    It is no defense to a prosecution for Criminal Solicitation that the person solicited could not be guilty of the offense because of lack of responsibility, culpability, capacity, or other defense.

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    • 12.1-06-03
  • Notes: (2005 - reviewed with no changes)