§ 373. Solicitation to commit a crime of violence

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1003(a) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 373

   Added Pub. L. 98–473, title II, § 1003(a), Oct. 12, 1984, 98 Stat. 2138

   Source evidence

   Code source credit
   Added Pub. L. 98–473, title II, § 1003(a), Oct. 12, 1984, 98 Stat. 2138

   Enacted provision · exact public law section
   (a) Chapter 19 of title 18 of the United States Code is amended by adding at the end thereof the following new section: “§ 373. Solicitation to commit a crime of violence “(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against the person or property of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by death, shall be imprisoned for not more than twenty years. “(b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not ‘voluntary and complete’ if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence. “(c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.”.

2. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 26 · 100 Stat. 3592

   1. Substituted · 18 U.S.C. § 373(a)

      Pub. L. 99–646 substituted “property or against the person of another” for “the person or property of another”

   2. Inserted · 18 U.S.C. § 373(a)

      Pub. L. 99–646 inserted “life imprisonment or” before “death”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–646 substituted “property or against the person of another” for “the person or property of another” and inserted “life imprisonment or” before “death”.

   Enacted provision · exact public law section
   SEC. 26. SOLICITATION OFFENSE. Section 373 of title 18, United States Code, is amended— (1) by striking out “the person or property of another” and inserting in lieu thereof “property or against the person of another”; and (2) by inserting “life imprisonment or” before “death”.

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330016(2)(A) · 108 Stat. 1796

   Inserted · 18 U.S.C. § 373(a)

   Pub. L. 103–322 inserted “(notwithstanding section 3571)” before “fined not more than one-half”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322 inserted “(notwithstanding section 3571)” before “fined not more than one-half”.

   Enacted provision · exact public law section
   (A) in sections 3 and 373 by inserting “(notwithstanding section 3571)” before “fined not more than one-half”;

4 of 4 references resolved to an enrolled provision