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My AccountChapter 15
- 15.1 General Comments on Criminal Attempt
- 15.2 Formulating the Elements of Attempt
- 15.3 Criteria for Determining Whether Defendant Went Far Enough
- 15.4 Impossibility
- 15.5 Defining Specific Intent to Commit Partially Strict Liability Offenses
- 15.6 Renunciation Defense to Guilt
- 15.7 Punishment Mitigation by Quasi-Renunciation
- 15.8 Instruction—Attempted Murder
- 15.9 Instruction—Attempted Murder—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
- 15.10 Instruction—Attempted Murder—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
- 15.11 Instruction—Attempted Burglary of a Building
- 15.12 Instruction—Attempted Burglary of a Building—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
- 15.13 Instruction—Attempted Burglary of a Building—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
- 15.14 Conspiracy Generally
- 15.15 Instruction—Liability for Conspiracy
- 15.16 Instruction—Liability for Conspiracy—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b))
- 15.17 Instruction—Liability for Conspiracy—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
- 15.18 Criminal Solicitation Generally
- 15.19 Instruction—Criminal Solicitation—Solicitation of Another to Personally Commit Offense
- 15.20 Comment on Solicitation of Another to Induce Someone Else to Commit Offense
- 15.21 Instruction—Criminal Solicitation—Solicitation of Another to Induce Third Party to Commit Offense
- 15.22 Instruction—Criminal Solicitation—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b))
- 15.23 Instruction—Criminal Solicitation—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
Comment
In situations in which the state’s theory is that the defendant solicited another to find a third party to commit the intended offense, the solicitation is likely to be aimed at conduct that would not constitute the commission of the intended offense by the party solicited. However, it would make the solicited party a party to that offense.
An indictment in such a case might provide as follows:
The instruction given at CPJC 15.21 provides for submission only on this theory.