What is the required mens rea for solicitation?

What is the required mens rea for solicitation?

• A. General intent
• B. Specific intent to cause the crime to be committed
• C. Negligence
• D. Recklessness

Answer: (B)

Solicitation hinges on purposeful intent to bring about the offense. The person must intend that the crime be committed by someone, not merely engage in the act or risk that it might happen. Because of that, the required mens rea is the specific intent to cause the crime to be committed. General intent would only require you to intend to do the act itself, not to procure a crime; negligence or recklessness involve indifference to risk, not a targeted wish to have the offense carried out. Therefore, the mental state focused on here is clear and deliberate—the intent that the offense be committed.

Solicitation hinges on purposeful intent to bring about the offense. The person must intend that the crime be committed by someone, not merely engage in the act or risk that it might happen. Because of that, the required mens rea is the specific intent to cause the crime to be committed. General intent would only require you to intend to do the act itself, not to procure a crime; negligence or recklessness involve indifference to risk, not a targeted wish to have the offense carried out. Therefore, the mental state focused on here is clear and deliberate—the intent that the offense be committed.