§ 750.157bSolicitation to commit murder or felony; penalty; affirmative defense

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Sec. 157b.
    (1) For purposes of this section, "solicit" means to offer to give, promise to give, or give any
 money, services, or anything of value, or to forgive or promise to forgive a debt or obligation.
    (2) A person who solicits another person to commit murder, or who solicits another person
 to do or omit to do an act which if completed would constitute murder, is guilty of a felony
 punishable by imprisonment for life or any term of years.
    (3) Except as provided in subsection (2), a person who solicits another person to commit a
 felony, or who solicits another person to do or omit to do an act which if completed would
 constitute a felony, is punishable as follows:
    (a) If the offense solicited is a felony punishable by imprisonment for life, or for 5 years or
 more, the person is guilty of a felony punishable by imprisonment for not more than 5 years or
 by a fine not to exceed $5,000.00, or both.
    (b) If the offense solicited is a felony punishable by imprisonment for a term less than 5
 years or by a fine, the person is guilty of a misdemeanor punishable by imprisonment for not
 more than 2 years or by a fine not to exceed $1,000.00, or both, except that a term of
 imprisonment shall not exceed 1/2 of the maximum imprisonment which can be imposed if the
 offense solicited is committed.
    (4) It is an affirmative defense to a prosecution under this section that, under circumstances
 manifesting a voluntary and complete renunciation of his or her criminal purpose, the actor
 notified the person solicited of his or her renunciation and either gave timely warning and
 cooperation to appropriate law enforcement authorities or otherwise made a substantial effort
 to prevent the performance of the criminal conduct commanded or solicited, provided that
 conduct does not occur. The defendant shall establish by a preponderance of the evidence the
 affirmative defense under this subsection.

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