18 U.S.C. § 373: Solicitation to commit a…

Summary

Makes it a crime to try to get someone to commit a federal felony that involves using, trying to use, or threatening physical force against a person or property. The speaker must intend that result, and there must be strong evidence of that intent. Punishment can be up to half the maximum prison time or half the maximum fine for the crime asked for. If the crime asked for can be punished by life or death, the sentence can be up to 20 years. You can avoid punishment if you voluntarily and completely changed your mind, stopped the plan, and prevented the crime. Simply delaying the crime or picking a different victim does not count. If you say this defense, you must prove it is more likely true than not. It does not help to argue the person you asked could not be convicted because of lack of intent, incompetence, immunity, or similar reasons.

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.

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”.

§373 Solicitation to Commit a Crime of Violence

Summary

Title 18, §373

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata