§5.02. Criminal Solicitation.
(1) Definition of Solicitation. A person is guilty of solicitation to commit a crime if with the intent to promote or facilitate its commission the person commands, encourages or requests another person to engage in specific conduct that would constitute such crime or an attempt to commit such crime or would establish his or her complicity in its commission or attempted commission.
(2) Uncommunicated Solicitation. It is immaterial under Subsection (1) of this Section that the actor fails to communicate with the person that the actor solicits to commit a crime if the actor’s conduct was designed to effect such communication.
(3) Renunciation of Criminal Purpose. It is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded the other person not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
§5.03. Criminal Conspiracy.
(1) Definition of Conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the intent to promote or facilitate its commission:
(a) he or she agrees with such other person or persons that they or one or more of them will engage in conduct that constitutes such crime or an attempt or solicitation to commit such crime; and
(b) he or she or another person with whom he or she conspired commits an overt act in pursuance of the conspiracy.
(2) Scope of Conspiratorial Relationship. If a person guilty of conspiracy, as defined by Subsection (1) of this Section, knows that a person with whom he or she conspires to commit a crime has conspired with another person or persons to commit the same crime, he or she is guilty of conspiring with such other person or persons, whether or not he or she knows their identity, to commit such crime.
(3) Conspiracy with Multiple Criminal Objectives. If a person conspires to commit a number of crimes, he or she is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.
(4) Renunciation of Criminal Purpose. It is an affirmative defense that the actor, after conspiring to commit a crime, gave timely warning to law enforcement authorities or otherwise made reasonable efforts to thwart the success of the conspiracy, under the circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(5) Duration of Conspiracy. For purposes of Section 1.06(4):
(a) conspiracy is a continuing course of conduct that terminates when the crime or crimes that are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he or she conspired; and
(b) such abandonment is presumed if neither the defendant nor anyone with whom he or she conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and
(c) if an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person advises those with whom he or she conspired of his or her abandonment or he or she informs the law enforcement authorities of the existence of the conspiracy and of his or her participation therein.
§5.04. Incapacity, Irresponsibility or Immunity or Party to Solicitation or Conspiracy.
(1) It is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:
(a) he or she, or the person whom he or she solicits or with whom he or she conspires, does not occupy a particular position or have particular characteristic that is an element of such crime, if he or she believes that one of them does; or
(b) the person whom he or she solicits or with whom he or she conspires is irresponsible or has legal immunity.
(2) It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under Section 2.06(5) or 2.06(6) (a) or (6) (b).
§5.05. Grading of Criminal Attempt, Solicitation and Conspiracy; Multiple Convictions Barred.
(1) Grading.
(a) Criminal Attempt. Except as provided in Subsection (d) of this Section, an attempt to commit a crime is an offense of the same grade or degree as the most serious offense that is attempted.
(b) Criminal Solicitation. Criminal solicitation is an offense one grade or degree, as the case may be, less than the offense solicited.
(c) Criminal Conspiracy. Except as provided in Subsection (d) of this Section, criminal conspiracy is a crime of the same grade and degree as the most serious offense that is an object of the conspiracy.
(d) An attempt or conspiracy to commit a felony of the first degree is a felony of the second degree.
(2) Multiple Convictions. A person may not be convicted of more than one offense defined by this Article for conduct designed to commit or to culminate in the commission of the same crime.
