17. In a jurisdiction that follows the common law and has adopted the bilateral requirement for conspiracy, what crime has the man committed?

Solicitation is a specific intent crime that involves asking someone to commit a crime, with the intent that the crime be committed. A defendant may be guilty of solicitation if he requests or encourages another to commit a crime with the intent that that crime takes place. The crime punishes the requesting or encouraging, and therefore, a defendant may be guilty of solicitation if he meets these requirements, no matter how the person he solicits responds.

To be guilty of attempt, one must intend to commit the target crime and take a substantial step beyond mere preparation in committing that crime. A substantial step is determined on a sliding scale, and the closer the act is to the actual perpetration of the target crime, the more likely a court will find that it constitutes a substantial step for purposes of attempt. The closer the act is to planning and preparation, the less like a court will find that it constitutes a substantial step.

At common law, conspiracy requires an agreement between two or more people, the intent to agree, and the intent to commit the target crime, and some jurisdictions require an overt act. Because the facts state that this jurisdiction has adopted the bilateral requirement for conspiracy, the agreement between two people must be a truly subjective agreement where both parties intend to commit the target crime. (In comparison, a unilateral conspiracy jurisdiction only requires that one person agrees with that intent, thus allowing prosecution for conspiracy where, for example, a defendant «agrees» to commit a crime with an undercover police officer who never actually intends to commit the crime.)

D is correct. The man offered to share proceeds from his theft with the pool cleaner if she would disarm the alarm system and leave the side door unlocked, enabling him to enter the collector's house so he could steal the valuable coin collection. Therefore, the man requested that the pool cleaner assist him with his burglary and larceny with the intent that the burglary and larceny take place, fulfilling the requirements of solicitation. The pool cleaner only pretended to agree with the man, but her response is irrelevant to whether the man requested or encouraged her with the requisite intent. The man committed the crime of solicitation.

A is incorrect. The man only connected with the pool cleaner to arrange a way to get into the collector's house, and the pool cleaner went straight to the authorities. The man did not get any further than trying to coordinate how to get into the house; the facts do not indicate that the man even physically went to the house yet before he was arrested. The man's offer to the pool cleaner does not amount to anything more than mere preparation for the theft, and therefore, he did not take a substantial step in furtherance of the burglary and has not committed attempted burglary.

B is incorrect. The man only connected with the pool cleaner to arrange a way to get into the collector's house, and the pool cleaner went straight to the authorities. The man's offer to the pool cleaner does not amount to anything more than mere preparation for the theft, and therefore, he did not take a substantial step in furtherance of the larceny and has not committed attempted larceny.

C is incorrect. To be guilty of conspiracy, the man and the pool cleaner would have had to enter into an agreement to commit larceny and burglary, and both the man and the pool cleaner would have to do so with the intent that the larceny and burglary take place. The pool cleaner did agree that she would disarm the alarm and leave the side door unlocked for the man, but she only pretended to do so. She did not actually intend to disarm the alarm and leave the side door unlocked for him, and instead, she contacted the police so they could arrest the man. Because the pool cleaner did not intend that the target crimes occur when she agreed with the man, there was no conspiracy and the man did not commit that crime.