Common law solicitation involves which of the following?

• A. Asking, inciting, counseling or urging another to commit a crime; Specific intent that the crime be committed
• B. Mere knowledge of planning
• C. Assisting but not requesting
• D. Planning alone

Answer: (A)

Solicitation at common law is the act of requesting someone else to commit a crime, with the defendant's specific intent that the crime be carried out. The offense is complete at the moment of the request, even if the other person does not commit the crime or rejects the plea. The two key elements are: (1) the act of asking, inciting, counseling, or urging another to commit the crime, and (2) the precise intent that the crime be committed. Merely knowing about a plan is not enough, and simply assisting without making a request or urging the crime is not solicitation. Planning alone also does not satisfy the definition because there must be an active solicitation of the crime.