2009 (September Term)
United
States v. Sutton, 68 M.J. 455 (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).
2005
United
States v. Hays, 62
M.J. 158 (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
United
States v. Williams, 52 MJ 218 (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).