§ 12.1-06-03 — Criminal solicitation

1. A person is guilty of criminal solicitation if he commands, induces, entreats, or
otherwise attempts to persuade another person to commit a particular felony, whether
as principal or accomplice, with intent to promote or facilitate the commission of that
felony, under circumstances strongly corroborative of that intent, and if the person
solicited commits an overt act in response to the solicitation.
2. It is a defense to a prosecution under this section that, if the criminal object were
achieved, the defendant would be a 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 as an accomplice under section
12.1-03-01.
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 or defense.
4. Criminal solicitation is an offense of the class next below that of the offense solicited.