18 U.S. Code § 373 - Solicitation to commit a crime of violence
prev | next
(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 strongly 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.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.
A joint research project of
the Australian National University and
Cornell University Legal Information Institute
Thank you. Please help us understand the needs of users of legislation better by answering the following questions.
This information will help us understand how usable legal rules are
for different parts of the community. All information is anonymous.
All questions are optional. You can answer all, some or none and then
continue testing more sentences or exit.
No comments:
Post a Comment