New York withdrawal defense to solicitation

• A. No withdrawal defense
• B. There is a withdrawal defense if the defendant renounces and communicates withdrawal to the other party
• C. Withdrawal is allowed only if the crime is completed
• D. Withdrawal is allowed only in capital cases

Answer: (A)

In New York, there is no withdrawal defense to solicitation. The act of solicitation is complete at the moment the defendant asks or induces someone else to commit a crime, and liability attaches regardless of whether the other person agrees or whether the crime is ever completed. Because the offense hinges on the initial act of soliciting, a later renunciation or withdrawal cannot undo the solicitation itself. This differs from theories that apply to attempts or conspiracies, where a timely and effective renunciation or withdrawal can sometimes negate liability. The other options misread how solicitation liability works in New York, which is why there is no withdrawal defense for this offense.