SSB 3154 (LSB 5230SC (1) 84)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE)

A BILL FOR

An Act relating to the criminal offense of solicitation to commit murder and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  707.3A  Solicitation to commit murder.
   1.  A person who commands, entreats, or otherwise attempts to persuade another to commit murder as defined in section 707.1, with the intent that such act be done and under circumstances which corroborate that intent by clear and convincing evidence, solicits another to commit that murder.
   2.  Renunciation, as provided for in section 705.2, is a defense to a prosecution for solicitation under this section.
   3.  A person who solicits another to commit murder commits a class “C” felony.
EXPLANATION
   This bill creates a criminal offense relating to the solicitation to commit murder.
   Under the bill, a person who commands, entreats, or otherwise attempts to persuade another to commit murder as defined in Code section 707.1, with the intent that such act be done and under circumstances which corroborate that intent by clear and convincing evidence, solicits another to commit that murder.
   The bill provides that a person who commits solicitation to commit murder commits a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   A general solicitation criminal offense is found in Code section 705.1.
   Code section 705.2 establishes renunciation as a defense to solicitation.