A small business owner, frustrated with a competing shop in their area, meets with an acquaintance and offers them $5,000 to vandalize the competitor’s storefront. The acquaintance agrees to the plan and drives to the location with spray paint and a crowbar but leaves the scene at the last minute without causing any damage. Is the business owner criminally liable, and if so, for what specific crime?
The business owner is criminally liable for solicitation because they requested and offered compensation to the acquaintance to commit an unlawful act—vandalizing the competitor’s storefront. A solicitation occurs when one person commands, encourages, or requests someone else to engage in criminal conduct, regardless of whether the crime is actually carried out. The acquaintance’s decision to not go through with the act does not absolve the business owner of liability for the solicitation. An attempt charge would apply only if there was a substantial step taken beyond preparation toward completing the vandalism, and conspiracy requires an agreement between two or more parties to commit a crime and an overt act in furtherance of the conspiracy. Since the acquaintance did not take any action to follow through with the agreement, a conspiracy is not established.
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