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Texas Penal Code - Section 15.03. Criminal Solicitation

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 15.03. Criminal Solicitation

§ 15.03. CRIMINAL SOLICITATION.  (a) A person commits an 
offense if, with intent that a capital felony or felony of the first 
degree be committed, he requests, commands, or attempts to induce 
another to engage in specific conduct that, under the circumstances 
surrounding his conduct as the actor believes them to be, would 
constitute the felony or make the other a party to its commission.
	(b)  A person may not be convicted under this section on the 
uncorroborated testimony of the person allegedly solicited and 
unless the solicitation is made under circumstances strongly 
corroborative of both the solicitation itself and the actor's 
intent that the other person act on the solicitation.
	(c)  It is no defense to prosecution under this section that:                  
		(1)  the person solicited is not criminally responsible 
for the felony solicited;
		(2)  the person solicited has been acquitted, has not 
been prosecuted or convicted, has been convicted of a different 
offense or of a different type or class of offense, or is immune 
from prosecution;
		(3)  the actor belongs to a class of persons that by 
definition of the felony solicited is legally incapable of 
committing the offense in an individual capacity;  or
		(4)  the felony solicited was actually committed.                             
	(d)  An offense under this section is:                                         
		(1)  a felony of the first degree if the offense 
solicited is a capital offense;  or
		(2)  a felony of the second degree if the offense 
solicited is a felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 462, § 1, eff. Sept. 1, 
1993;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Last modified: August 11, 2007