§373 Solicitation to commit a crime of violence

Summary

Makes it a federal crime to knowingly try to get someone else to commit a violent felony that uses or threatens physical force against a person or property. If the facts clearly show the person meant that, then asking, ordering, persuading, or trying to convince someone to do the violent crime can lead to punishment. The punishment is up to one-half of the maximum prison term or up to one-half of the maximum fine for the crime asked for, or both. If the crime asked for can be punished by life in prison or death, the penalty can be up to 20 years in prison. A person can avoid conviction if they can prove they voluntarily and completely changed their mind and stopped the crime and actually prevented it. Delaying the crime or picking a different victim or similar plan does not count. The defendant must prove this defense by a preponderance of the evidence (more likely than not). It is not a defense to say the person you tried to recruit could not have been convicted because they lacked intent, were incompetent, or were immune.