Tennessee § 39-12-102 - Solicitation — Defenses disallowed.

§ 39-12-102. Solicitation — Defenses disallowed.

Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation. It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. 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. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section punishes those who instigate group criminal activity by trying to enlist others in criminal deeds. Subsection (a) states that the defendant must intentionally try to enlist another in criminal activity and must intend that the offense be committed. It must be noted, however, that the solicitation need not succeed. Subsection (b) provides limits on defenses available to defendants charged with solicitation. In general terms, the defendant cannot escape liability because the offenses solicited did not occur or because the person solicited could not be convicted of the offense solicited. These limits are consistent with the view that solicitation is harmful because it starts group involvement in the commission of an offense. If the offense solicited did occur, however, the defendant may not be convicted of both the solicitation and the completed offense. The solicitation is merged with the completed offense, and the offender may be guilty of the completed offense under § 39-11-402 . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Criminal attempt, § 39-12-101 . General defenses, title 39, ch. 11, part 5. Grading attempt, solicitation and conspiracy, § 39-12-107 . Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy, defenses, § 39-12-105 . Title definitions, § 39-11-106 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.115. Law Reviews. Book Review, Criminal Offenses and Defenses in Tennessee, 55 Tenn. L. Rev. 563 (1988).