North Dakota § 12.1-06-03 Criminal solicitation

North Dakota Statutes

§ 12.1-06-03 — Criminal solicitation

North Dakota § 12.1-06-03

Title 12.1Criminal Code

Ch. 12.1-06Criminal Attempt - Facilitation - Solicitation - Conspiracy

This text of North Dakota § 12.1-06-03 (Criminal solicitation) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-06-03 (2026).

Text

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 prosec

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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.