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qid 1508 · law
Question: After a wife found out about her husband's infidelity, she decided to have him killed. The defendant approached a hit man to solicit his assistance in carrying out the planned murder. Although the wife believed that he was a hit man, he was, in fact, an undercover agent. The wife told the undercovr agent she would pay him $20,000 if he accepted the job and an additional $20,000 after the killing was completed. Upon hearing the wife's proposal, the undercover agent told the wife he would kill her husband. However, the undercover agent secretly intended not to go through with the plan, and he merely feigned agreement because he wished to trap the wife. The wife told the undercover agent that she would deliver the first payment the next day. However, before making the initial payment, the wife learned that the hit man was really an undercover agent. Fearful that she might be prosecuted for planning her husband's murder, the wife contacted the police and renounced her participation in the criminal endeavor. The defendant will most likely be found
- not guilty of either solicitation or conspiracy to commit murder.
- not guilty due to lack of intent.
- guilty of attempted murder.
- guilty of solicitation and conspiracy to commit murder.
- not guilty due to renouncing her participation.
- guilty of solicitation.
- guilty of conspiracy to commit murder and attempted murder.
- not guilty of conspiracy to commit murder, but guilty of solicitation.
- guilty of attempted murder and solicitation.
- guilty of conspiracy to commit murder.
Our answer: F. guilty of solicitation. Source quote machine-checked (at mint)
How it was answered
Stored formula / worked method, replayed by code
Current source
Model Penal Code Section 5.02(1), (2) and (3) (1962) -- criminal solicitation; uncommunicated solicitation; renunciation as an affirmative defense. Full text of the section verified for this dispatch.
Source weak (statute)