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Home » US Law » 2022 South Dakota Codified Laws » Title 22 - Crimes » Chapter 04A - Solicitation

Section 22-4A-1 – Criminal solicitation–Penalty.

22-4A-1. Criminal solicitation–Penalty. Any person who, with the intent to promote or facilitate the commission of a crime, commands, hires, requests, or solicits another person to engage in specific conduct which would constitute the commission of such offense or an attempt to commit such offense, is guilty of criminal solicitation. Criminal solicitation is a: (1)Class […]

Section 22-4A-2 – Fact offense not committed or attempted not a defense.

22-4A-2. Fact offense not committed or attempted not a defense. It is not a defense to prosecution for criminal solicitation that the person solicited neither committed or attempted to commit the offense solicited nor was capable of committing or attempting to commit the offense solicited. Source: SL 2005, ch 120, §439.

Section 22-4A-3 – Proof required for conviction of criminal solicitation.

22-4A-3. Proof required for conviction of criminal solicitation. No person may be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant’s intent. Source: SL 2005, ch 120, §440.

Section 22-4A-4 – Renunciation of criminal intent–Requirements.

22-4A-4. Renunciation of criminal intent–Requirements. No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant’s criminal intent, the defendant: (1)Notified the person solicited of his or her renunciation; and (2)Gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort […]