Criminal Solicitation
Chapter 15 of the Texas Penal Code places sets guidelines and restrictions on criminal conspiracy, solicitation, and the attempt of either of the former offenses.
“Criminal Solicitation”, as per §15.03 of the Texas Penal Code, occurs when a person, with the intent that a capital felony or first degree felony be committed, requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
An offense under this section is a felony in the first degree if the offense solicited is a capital offense. An offense under this section is a second degree felony if the offense solicited is a first degree felony offense.
Punishment Range
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
First Degree Felony
- Imprisonment in the institutional division for life, or
- Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
- In addition to imprisonment, may receive a fine not to exceed $10,000