Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
(b) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.
(c) It is no defense to prosecution under this section that:
(1) the person solicited is not criminally responsible for the felony solicited;
(2) the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;
(3) the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or
(4) the felony solicited was actually committed.
(d) An offense under this section is:
(1) a felony of the first degree if the offense solicited is a capital offense; or
(2) a felony of the second degree if the offense solicited is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
89
cases (
13 in the last 5 years), 1985–2025 · leading case:
Whatley v. State, 946 S.W.2d 73 (Tex. Crim. App. 1997).
Whatley v. State, 946 S.W.2d 73 (Tex. Crim. App. 1997).
· cites it 7× “Appellant was convicted of solicitation of capital murder pursuant to Tex. Penal Code Ann. § 15.03 , which provides: *79 A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce…”
Caldwell v. State, 971 S.W.2d 663 (Tex. App. 1998).
· cites it 4× “Tex. Penal Code Ann. § 15.03 (a) (Vernon 1994) (emphasis added).”
Robinson v. State, 764 S.W.2d 367 (Tex. App. 1989).
· cites it 6× “Although there is error in the indictment, it does charge an offense and is not fundamentally defective. First, the relevant phrase is not an element of the offense of criminal solicitation; rather, the relevant phrase was inserted to preclude impossibility as a defense.”
Ganesan v. State, 45 S.W.3d 197 (Tex. App. 2001).
· cites it 2× “See Tex. Penal Code Ann. §§ 15.03 , 19.02 (West 1994).”
Sheffield v. State, 847 S.W.2d 251 (Tex. App. 1992).
· cites it 4× “Tex.Penal Code Ann. § 15.03 (Vernon 1974).”
Varvaro v. State, 772 S.W.2d 140 (Tex. App. 1988).
· cites it 3× “The record before us conclusively establishes that Nelson was merely playing the role of a “hit man” to afford Varvaro an opportunity to commit the offense of criminal solicitation for capital murder as defined in Tex.Penal Code Ann. § 15.03(a) (Vernon 1974), and former article…”
Planter v. State, 9 S.W.3d 156 (Tex. Crim. App. 1999).
· cites it 2× “…conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission. Texas Penal Code § 15.03.”
Meador v. State, 812 S.W.2d 330 (Tex. Crim. App. 1991).
· cites it 2× “See Tex. Penal Code Ann. § 15.03 (a) & § 19.03(a)(3).”
In Re Commitment of Eeds, 254 S.W.3d 555 (Tex. App. 2008).
· cites it 2× “2007); Tex. PeN.Code ANN. § 15.03 (Vernon 2003); Tex.”
Richardson v. State, 681 S.W.2d 683 (Tex. App. 1985).
· cites it 4× “Subsection (b) of the criminal solicitation statute, TEX.PENAL CODE ANN. § 15.03 (Vernon 1974) under which appellant was indicted, provides that a person may not be convicted on the uncorroborated testimony of the person allegedly solicited "and unless the solicitation is made…”
Cooley v. State, 232 S.W.3d 228 (Tex. App. 2007).
“See Tex. Pen.Code Ann. § 15.03(a) (Vernon 2003); Tex.”
Thomas v. State, 31 S.W.3d 422 (Tex. App. 2000).
· cites it 2× “Appellant argues that the evidence was insufficient because the State’s witnesses were accomplice witnesses and there was no evidence to corroborate their testimony as required by TexPenal Code Ann. § 15.03(b) (Vernon 1994) and Tex.”
— Tex. Penal Code § 15.03(a) — 35 cases
Whatley v. State, 946 S.W.2d 73 (Tex. Crim. App. 1997).
“Appellant was convicted of solicitation of capital murder pursuant to Tex. Penal Code Ann. § 15.03 , which provides: *79 A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce…”
Robinson v. State, 764 S.W.2d 367 (Tex. App. 1989).
“Although there is error in the indictment, it does charge an offense and is not fundamentally defective. First, the relevant phrase is not an element of the offense of criminal solicitation; rather, the relevant phrase was inserted to preclude impossibility as a defense.”
Cooley v. State, 232 S.W.3d 228 (Tex. App. 2007).
“See Tex. Pen.Code Ann. § 15.03(a) (Vernon 2003); Tex.”
Varvaro v. State, 772 S.W.2d 140 (Tex. App. 1988).
“The record before us conclusively establishes that Nelson was merely playing the role of a “hit man” to afford Varvaro an opportunity to commit the offense of criminal solicitation for capital murder as defined in Tex.Penal Code Ann. § 15.03(a) (Vernon 1974), and former article…”
— Tex. Penal Code § 15.03(a)(d)(1) — 1 case
— Tex. Penal Code § 15.03(b) — 10 cases
Sheffield v. State, 847 S.W.2d 251 (Tex. App. 1992).
“Tex.Penal Code Ann. § 15.03 (Vernon 1974).”
Thomas v. State, 31 S.W.3d 422 (Tex. App. 2000).
“Appellant argues that the evidence was insufficient because the State’s witnesses were accomplice witnesses and there was no evidence to corroborate their testimony as required by TexPenal Code Ann. § 15.03(b) (Vernon 1994) and Tex.”
Varvaro v. State, 772 S.W.2d 140 (Tex. App. 1988).
“The record before us conclusively establishes that Nelson was merely playing the role of a “hit man” to afford Varvaro an opportunity to commit the offense of criminal solicitation for capital murder as defined in Tex.Penal Code Ann. § 15.03(a) (Vernon 1974), and former article…”
— Tex. Penal Code § 15.03(c) — 1 case
— Tex. Penal Code § 15.03(c)(2) — 1 case
— Tex. Penal Code § 15.03(d)(1) — 1 case
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