People v. Boyce
Annotate this CaseDefendant, serving a life sentence for murder, mailed letters that were opened by prison officials and was charged with solicitation of murder and attempted solicitation of murder on a “request” theory. Defendant argued that to be found guilty of solicitation, the defendant must have actually communicated to the person allegedly solicited. “A command, encouragement, or request cannot be made if no one" receives it. Defendant suggested that, though Illinois substantially adopted its solicitation statute from the Model Penal Code, including the “commands, encourages, or requests” language, Illinois had declined to adopt the section that would proscribe uncommunicated solicitation. The State dropped the solicitation charge and proceeded on the attempt charge. Defendant argued, “This crime is an impermissible stacking of double inchoate crimes. … the attempt statute is void for vagueness as applied because it combines the elements of three crimes and does not offer … a reasonable opportunity to know what activity is prohibited.” Defendant was convicted. The appellate court affirmed, concluding that the lack of specific attempt language within the statutory definitions of solicitation and solicitation of murder was indicative of legislative intent that the general attempt statute apply to the offense of solicitation of murder. The Illinois Supreme Court affirmed. The legislature did not intend that a defendant escape criminal liability simply because authorities were vigilant enough to intercept his letters before they reached the intended recipient.
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