§ 18-2-301 — Criminal solicitation

(1) Except as to bona fide acts of persons
authorized by law to investigate and detect the commission of offenses by others, a
person is guilty of criminal solicitation if he or she commands, induces, entreats, or
otherwise attempts to persuade another person, or offers his or her services or
another's services to a third person, to commit a felony, whether as principal or
accomplice, with intent to promote or facilitate the commission of that crime, and
under circumstances strongly corroborative of that intent.

(2) It is a defense to a prosecution under this section that, if the criminal
object were achieved, the defendant would be the sole victim of the offense or the
offense is so defined that his conduct would be inevitably incident to its commission
or he otherwise would not be guilty under the statute defining the offense or under
section 18-1-603 dealing with complicity.

(3) It is no defense to a prosecution under this section that the person
solicited could not be guilty of the offense because of lack of responsibility or
culpability, or other incapacity.

(4) It is an affirmative defense to a prosecution under this section that the
defendant, after soliciting another person to commit a felony, persuaded him not to
do so or otherwise prevented the commission of the felony, under circumstances
manifesting a complete and voluntary renunciation of the defendant's criminal
intent.

(5) Criminal solicitation is subject to the penalties provided for criminal
attempt in section 18-2-101.

Legislative History

Source: L. 71: R&RE, p. 417, � 1. C.R.S. 1963: � 40-2-301. L. 98: (1) amended, p. 1443, � 29, effective July 1.