According to the UCMJ, does soliciting another to commit an offense constitute an attempt?

• A. Yes
• B. No
• C. Sometimes
• D. Only with intent

Answer: (B)

Solicitation to commit a crime is a separate offense from attempting the crime yourself. To convict of an attempt, you must have the person personally take a substantial step toward completing the offense with the intent to do so. Merely asking or urging someone else to commit the offense does not involve the required personal move toward execution, so it is not an attempt. The act of solicitation stands on its own, even if there is intent for the crime to be carried out by another.