Texas Penal Code Practice

A person can be charged with "criminal solicitation" under Texas Penal Code when they solicit another individual to commit a capital felony, which is categorized as one of the more serious offenses under the law. The definition of criminal solicitation includes the intent to promote or facilitate the commission of a capital felony or certain other serious offenses. This means that the action of soliciting someone to engage in conduct that is considered a capital crime (like murder) meets the criteria established in the Penal Code.

Soliciting someone for a misdemeanor does not qualify as criminal solicitation because the statute focuses on more severe offenses, signifying that the gravity of the crime must meet a certain threshold. Similarly, the solicitation does not need to be successful for a charge to be applied; the mere act of soliciting with intent is sufficient. Lastly, the act of planning a crime alone, without the aspect of solicitation, would not fulfill the requirements for criminal solicitation as defined by law. Thus, the correct assessment of the law centers around committing or soliciting someone to commit a capital felony.