- a specification alleging that appellant asked his 10-year-old stepdaughter to lift her shirt to show him her breasts failed to state the offense of solicitation to commit indecent liberties with a child because the victim could not commit the offense of indecent liberties with a child on herself
CAAF Opinion Digest · III.A.105 · Crimes Pre-2019 offenses
Article 134 - Soliciting Another to Commit an Offense
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court.
4 digested opinions, 2000–2009 Terms
2009 (September Term)
2008 (Transition Term)
- in order to prove an Article 134, UCMJ, solicitation offense, the government must prove that the accused solicited another person to commit a certain offense, and that the accused did so with the intent that the person commit the offense
2005
- in stating that solicitation included any use of words or other device by which a person is requested, urged, advised, counseled, tempted, commanded, or otherwise enticed or incited to commit a crime, the court of criminal appeals did not improperly broaden the definition of solicitation to include conduct that would not otherwise be criminal; by quoting terms from a criminal law treatise that were synonymous with language from the MCM, the CCA merely offered additional explanation as to what constitutes a serious request in accordance with the established definition of solicitation
- neither the UCMJ nor the MCM precludes a conviction for solicitation simply because the object of the solicitation may be predisposed towards committing the crime; because there may be cases in which a solicitation transforms predisposition into action, this Court rejects appellant’s invitation to adopt a predisposition limitation on solicitation
- (the evidence was legally sufficient to sustain the accused’s conviction for soliciting another to commit carnal knowledge where he e-mailed another to inquire into whether that person had engaged in sexual intercourse with a minor female, immediately followed by a request for pictures of such an encounter, with a quid pro quo offer of similar pictures in return; the repeated urging for the other person to send pictures of him engaging in sexual intercourse with a minor female, as well as the quid pro quo contained in the same e-mail and the tone and language of the e-mail -- and viewing the evidence in the light most favorable to the government, a reasonable factfinder could have found that the inquiry constituted a serious reque
2000
- solicitation under Article 134, UCMJ, requires a showing that the accused solicited or advised a certain person to commit an offense other than one of the four listed in Article 82, UCMJ; and, in this context, means an express or implicit invitation to join in a criminal plan
- case reviews legal sufficiency of evidence to sustain conviction for solicitation
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA105 · Always confirm a holding against the opinion itself (linked from each case name).