§ 373. — Solicitation to commit a crime of violence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC373]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 19--CONSPIRACY
Sec. 373. Solicitation to commit a crime of violence
(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.
(Added Pub. L. 98-473, title II, Sec. 1003(a), Oct. 12, 1984, 98 Stat.
2138; amended Pub. L. 99-646, Sec. 26, Nov. 10, 1986, 100 Stat. 3597;
Pub. L. 103-322, title XXXIII, Sec. 330016(2)(A), Sept. 13, 1994, 108
Stat. 2148.)
Amendments
1994--Subsec. (a). Pub. L. 103-322 inserted ``(notwithstanding
section 3571)'' before ``fined not more than one-half''.
1986--Subsec. (a). Pub. L. 99-646 substituted ``property or against
the person of another'' for ``the person or property of another'' and
inserted ``life imprisonment or'' before ``death''.
