Senate Bill 2646

AN ACT TO CREATE THE CRIMINAL OFFENSE OF SOLICITATION OF A CRIME; TO PROVIDE PENALTIES THEREFOR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) A person who, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another person to commit a criminal offense, or attempts to command, request or hire another person to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation of a crime.

(b) 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.

(c) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the defendant's intent that the other person act on the solicitation.

(d) It is no defense to prosecution under this section that:

(i) The person solicited is not criminally responsible for the felony solicited;

(ii) The person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;

(iii) The defendant belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or

(iv) The felony solicited was actually committed.

(2) An offense under this section is:

(a) A felony, if the offense solicited is a capital offense, punishable upon conviction by commitment to the custody of the Department of Corrections for a period not to exceed twenty-five (25) years, a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or both.

(b) A felony, if the offense solicited is a felony that is not a capital offense, punishable upon conviction by commitment to the custody of the Department of Corrections for a period not to exceed ten (10) years, a fine not to exceed Ten Thousand Dollars ($10,000.00), or both.

(c) A misdemeanor, if the offense solicited is a misdemeanor, punishable upon conviction by imprisonment for a period not to exceed one (1) year, a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.