Title 18Crimes and Criminal ProcedureRelease 119-73not60

§373 Solicitation to Commit a Crime of Violence

Title 18 › Part I— CRIMES › Chapter 19— CONSPIRACY › § 373

Last updated Apr 5, 2026|Official source

Summary

Makes it a crime to ask, order, or try to persuade someone to commit a federal felony that requires using, trying to use, or threatening physical force against a person or property, when there is strong evidence you meant for them to do it. If convicted, you can get up to half the maximum prison time or half the maximum fine for the crime you asked for, or both. If the crime you asked for can carry life or death, the prison limit is 20 years. You can avoid conviction only if you clearly and completely gave up the plan and stopped the crime from happening, and not because you planned to wait or pick a different victim or target. If you claim this defense at trial, you must prove it by a preponderance of the evidence. You cannot defend yourself by saying the person you asked could not be convicted because they lacked the required intent, were incompetent, or were immune or not subject to prosecution.

Full Legal Text

Title 18, §373

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.
(b)It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
(c)It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–322 inserted “(notwithstanding section 3571)” before “fined not more than one-half”. 1986—Subsec. (a). Pub. L. 99–646 substituted “property or against the person of another” for “the person or property of another” and inserted “life imprisonment or” before “death”.

Reference

Citations & Metadata

Citation

18 U.S.C. § 373

Title 18Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60