Laws and Statutes
OFFICIAL CODE OF GEORGIA ANNOTATED
TITLE 16-Crimes and Offenses (Chs. 1 – 17)
CHAPTER 4-Criminal Attempt, Conspiracy and Solicitation (§§16-4-1 to 16-4-10)
§16-4-7. Criminal solicitation
(a) A person commits the offense of criminal solicitation when, with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
(b) A person convicted of the offense of criminal solicitation to commit a felony shall be punished by imprisonment for not less than one nor more than three years. A person convicted of the offense of criminal solicitation to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one nor more than five years.
(c) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited.
(d) The provisions of subsections (a) through (c) of this Code section are cumulative and shall not supersede any other penal law of this state.
Annotations
Section is not overbroad as encompassing protected speech. —
- Former Code 1933, § 26-1007 prohibits only such language as creates a clear and present danger of a felony being committed and is therefore not overbroad as encompassing protected speech.
- State v. Davis, 246 Ga. 761, 272 S.E.2d 721, 1980 Ga.LEXIS 1265 (1980)
Nature of statement constituting solicitation. —
- Only a relatively overt statement or request intended to bring about action on part of another person will bring defendant within statute.
- State v. Davis, 246 Ga. 761, 272S.E.2d 721, 1980 Ga. LEXIS 1265 (1980).
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