---
title: "Solicitation to Commit Murder | Criminal Law"
description: "Solicitation to Commit Murder is the intentional request or command that someone kill another person, a separate inchoate crime in Criminal Law."
canonical: "https://fiveable.me/criminal-law/key-terms/solicitation-to-commit-murder"
type: "key-term"
subject: "Criminal Law"
unit: "Unit 3"
---

# Solicitation to Commit Murder | Criminal Law

## Definition

Solicitation to commit murder is the intentional asking, urging, or commanding of another person to kill someone. In Criminal Law, it can be charged even if no murder happens or the other person never agrees.

## What It Is

Solicitation to commit murder is a Criminal Law offense where one person intentionally tries to get another person to kill someone else. The crime focuses on the request, not on whether the murder actually happens. If you tell someone to carry out a killing, that communication can be enough for liability even when the plan goes nowhere.

The core idea is that the law treats this as an inchoate crime, meaning it punishes dangerous conduct before the full harm occurs. Solicitation sits in the same family as attempt and conspiracy, but it has its own shape. With solicitation, the main question is whether the defendant meant to get the murder carried out and communicated that message to another person.

That communication can be direct or indirect. A face-to-face request, a phone call, a text, or even a message through a third party can all count if the defendant is seriously asking for the killing to happen. What matters is the purpose behind the words, not polished wording. A joke, fantasy, or casual angry remark is not enough unless the prosecution can show real intent.

The person being asked does not have to agree, and the murder does not have to be attempted. That is one reason solicitation is treated separately from conspiracy. Conspiracy usually needs an agreement between at least two people, while solicitation can be complete once the request is made with the required intent.

Courts and professors often test solicitation through short fact patterns. Look for a speaker who is trying to recruit someone else to commit murder, then ask whether the facts show a serious intent to promote that crime. If the facts instead show planning with a partner, pressure without a request, or actual help in carrying out the act, you may be dealing with conspiracy, attempt, or aiding and abetting instead.

## Why It Matters

Solicitation to commit murder shows how Criminal Law punishes dangerous intentions before a death occurs. That makes it a good example of inchoate liability, where the law steps in early because the requested crime is so serious.

This term also helps you separate mental state from completed conduct. A person can avoid the actual result of murder and still face serious criminal exposure if they intentionally tried to get someone else to do it. That distinction comes up a lot in criminal law essays and case discussions, especially when the facts are thin and the conduct is mostly words.

It also sharpens your analysis of communication-based crimes. You have to ask who said what, to whom, and whether the message was meant to promote a killing. That kind of close reading is a common legal skill, because one sentence can change the charge from a bad joke to a serious offense.

Finally, this term connects to how the law separates solicitation from other inchoate crimes. If you can tell why solicitation does not require agreement, why intent matters so much, and why the murder itself can be absent, you are already doing the kind of issue-spotting Criminal Law classes ask for.

## Connections

### Conspiracy

Conspiracy and solicitation both deal with crimes that are stopped before the full harm happens, but they are not the same. Solicitation can be complete with one person’s request, while conspiracy usually requires an agreement between at least two people. If a fact pattern shows mutual planning instead of a one-sided ask, conspiracy becomes the better fit.

### [Attempted Murder](/criminal-law/key-terms/attempted-murder)

Attempted murder focuses on taking a substantial step toward killing someone, not just talking about it. Solicitation happens earlier, when someone tries to recruit another person to do the killing. If the defendant personally acts toward the murder, you should think attempt; if they are trying to get someone else to do it, think solicitation.

### [Aiding and Abetting](/criminal-law/key-terms/aiding-and-abetting)

Aiding and abetting involves helping a crime that is actually being carried out by another person. Solicitation is different because the act is the request itself, even if no crime follows. In a case analysis, look for assistance versus persuasion. One is about support, the other is about inducing someone to commit the offense.

### [Intent](/criminal-law/key-terms/intent)

Intent does most of the work in a solicitation analysis. The prosecution has to show the defendant meant to encourage or request murder, not just that the words were spoken. That is why jokes, venting, and vague hostile comments matter less than proof of a serious purpose to bring about the killing.

## On the AP Exam

A quiz question or case hypo usually asks you to spot whether the defendant’s words amount to solicitation, not just anger or bad character. Your job is to identify the request, then test the facts for specific intent to promote murder and communication to another person. If the other person says no, the solicitation can still be complete, so do not get distracted by the lack of agreement.

On short-answer or essay questions, compare solicitation to conspiracy, attempt, or aiding and abetting. The safest move is to explain why the conduct fits solicitation first, then rule out the neighboring offenses by focusing on agreement, substantial step, or actual assistance.

## Solicitation to Commit Murder vs Conspiracy

These are easy to mix up because both are inchoate crimes and both can involve planning a serious offense. The difference is that conspiracy needs an agreement between two or more people, while solicitation can happen when one person simply asks or urges another to commit murder. If the facts show only a request, not a mutual plan, solicitation is the cleaner label.

## Key Takeaways

- Solicitation to commit murder is the intentional request or command that another person kill someone.
- The crime can be complete even if no murder happens and even if the other person never agrees.
- The main issues are communication and specific intent, not whether the homicide was carried out.
- A joke, angry comment, or fantasy usually is not enough unless the facts show a real purpose to induce murder.
- When you see solicitation in a fact pattern, compare it with conspiracy, attempt, and aiding and abetting before choosing the best charge.

## FAQs

### What is Solicitation to Commit Murder in Criminal Law?

It is the intentional asking, urging, or commanding of another person to kill someone. The offense focuses on the request itself, so the murder does not have to happen for solicitation to exist. The key question is whether the speaker really meant to get a killing carried out.

### Does the other person have to agree for solicitation to commit murder?

No. That is one of the biggest differences from conspiracy. Solicitation can be complete once the request is made with the required intent, even if the other person refuses or ignores it.

### How is solicitation different from attempted murder?

Attempted murder usually requires a substantial step toward killing someone, often by the defendant’s own actions. Solicitation is about trying to get someone else to commit the murder. If the defendant is recruiting another person instead of personally moving the killing forward, solicitation is the better match.

### Can a joke count as solicitation to commit murder?

Usually no, because solicitation needs serious intent. But a defendant cannot hide behind the word "joke" if the surrounding facts show a real request or command to kill. Courts look at context, tone, and the relationship between the people involved.

## Related Study Guides

- [3.3 Solicitation](/criminal-law/unit-3/solicitation/study-guide/mor6sD5KSn0PsTda)

## About This Document

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