Jimmy calls his friend Choo, who is reputed to be a “fence,” and asks Choo to help him sell some stolen designer shoes. If Jimmy is in a jurisdiction that criminalizes the “request” to commit any crime, Jimmy probably has committed the criminal act element required for solicitation. If Jimmy is in a jurisdiction that only criminalizes solicitation to commit a capital felony or first-degree felony, then Jimmy probably has not committed the criminal act element required for solicitation because selling stolen property is not generally graded that severely. If Jimmy is in a jurisdiction that follows the Model Penal Code, and Jimmy and Choo had a long-standing arrangement whereby Jimmy puts stolen items in a storage facility so that Choo can sell them, Jimmy will not have to communicate his request to Choo. He simply will have to place the shoes in the storage facility to commit the criminal act element required for solicitation.
- 瀏覽次數:1443