(a) In any prosecution for solicitation, it is a defense that if the criminal object was achieved, the defendant would not be guilty of a crime under the law defining the crime or as an accomplice under Subsection (a) of § 4.75. (b) In any prosecution for solicitation, it is no defense that; (1) he person solicited would not be guilty of the crime which was the object of the solicitation because of his lack of criminal responsibility or other legal incapacity; or
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(2) the crime can be committed only by a particular class of persons to which either the solicitor or the person solicited does not belong. SOURCE: M.P.C. § 5.04; *Cal. § 806 (T.D. 2 1968); Cal. § 715 (1971); Mass. ch. 263, § 47 (b)(c). CROSS-REFERENCES: 9 GCA § 4.75; 9 GCA § 7.73. COMMENT: A person who cannot be convicted of the substantive crime under the complicity provision should not be convicted of solicitation, such as a female in a statutory rape case. On the other hand, Subsection (c) makes it clear that it is no defense to a charge of solicitation that the person solicited would be guilty of the crime which is the object of the solicitation because of his lack of criminal responsibility or because the crime could be committed only by a particular class of persons to which either the solicitor or the person solicited does not belong. This later situation would occur where the solicitor tries to get a bank official to falsify records (assuming that is a crime which can be committed by only a bank official). The solicitor could still be convicted of solicitation even though he could not be convicted of the crime of falsifying records.