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Crimes and Criminal Procedure - 18 USC Section 373
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US Lawyer > Crimes and Criminal Procedure > Crimes and Criminal Procedure - 18 USC Section 373
01/19/04
Sec. 373. Solicitation to commit a crime of violence
(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 h2ly 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.
Last modified: April 13, 2006
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