T.P.I. -- CRIM. 4.02

SOLICITATION

            Any person who solicits or attempts to solicit another to commit an offense is guilty of a crime.

            For you to find the defendant guilty of solicitation, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

            (1) (a)  that the defendant by means of [oral] [written] [electronic]

                         communication directly or through another intentionally

                         [commanded] [requested] [hired] another to commit the offense of

                         _________________________________, with the intent that

                               (set out and define the offense)

                        the offense of _____________________ be committed.

                                                            (state the offense)

                                                                        or

                  (b)  that the defendant attempted to [command] [request] [hire]

                          another to commit _______________________ with the intent

                                                                   (state the offense)

                          that the crime of _____________________ be committed.

                                                             (state the offense)

            [It is no defense that the solicitation was  unsuccessful and that the offense listed was not committed.]²

            [It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity.]³

            [It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited.]⁴

            [It is no defense that the person solicited was unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the crime solicited, so long as the person soliciting or the person solicited believed that either or both had such capacity, status, or characteristic.]⁵

FOOTNOTES

1.  Tenn. Code Ann. § 39-12-102(a).

2.  Tenn. Code Ann. § 39-12-102(b).

3.  Tenn. Code Ann. § 39-12-102(b).

4.  Tenn. Code Ann. § 39-12-102(b).

5.  Tenn. Code Ann. § 39-12-102(b).

COMMENTS

            1.  Solicitation is punished two offense classifications lower than the most serious offense solicited.  Tenn. Code Ann. § 39-12-107(b).  It should be noted, however, that solicitation is not an offense if the most serious crime solicited is a Class B or C misdemeanor.  Tenn. Code Ann. § 39-12-107(b).  Solicitation to commit first-degree murder is a Class B felony.  Tenn. Code Ann.   § 39-11-117(a)(3).

            2.  Renunciation may be asserted as an affirmative defense to solicitation under Tenn. Code Ann. § 39-12-104.  If properly raised as an affirmative defense, the trial judge should utilize T.P.I. -- CRIM. 40.10 (Renunciation), which appears in the "Defenses" chapter.