How is solicitation charged relative to the crime solicited?

How is solicitation charged relative to the crime solicited?

• A. It is charged as the same class as the offense solicited
• B. It is charged as 2 classes less than the crime solicited
• C. It is charged as 1 class less than the crime solicited
• D. It is charged as a separate felony irrespective of the crime solicited

Answer: (B)

In Arizona, soliciting someone to commit a crime is charged as a separate offense that is two classes lower than the crime solicited. This reflects the idea that the defendant’s act is to induce another to commit a crime, and the penalty is reduced two levels from the offense that was sought. For example, if someone solicits the commission of a Class 2 felony, the solicitation charge would be a Class 4 felony. This rule applies regardless of whether the crime is eventually committed or not, and it explains why the correct choice is two classes lower.

In Arizona, soliciting someone to commit a crime is charged as a separate offense that is two classes lower than the crime solicited. This reflects the idea that the defendant’s act is to induce another to commit a crime, and the penalty is reduced two levels from the offense that was sought. For example, if someone solicits the commission of a Class 2 felony, the solicitation charge would be a Class 4 felony. This rule applies regardless of whether the crime is eventually committed or not, and it explains why the correct choice is two classes lower.