The Differences Between Solicitation of Another to Commit a Crime and a Conspiracy to Commit a Crime
The two elements of solicitation are the intent to have someone else commit a crime and an act committed in furtherance of convincing another person to commit a crime.
You can be convicted of conspiracy even if your co-conspirator commits the overt act (such as buying a gun) while you did nothing but agree to commit the crime. You can avoid a conspiracy conviction if you can show that you withdrew from the conspiracy before the overt act took place.
Most jurisdictions require that, in addition to agreeing to commit a crime, at least one member of the conspiracy must take an action in furtherance of the illegal objective. This requirement of an “overt act” serves to distinguish mere talk from a plan that contemplates the performance of illegal activity. Typically, any act taken in furtherance of the conspiracy will be sufficient, but some states requires that the defendant take a more substantial step (Martin H. Pritikin,2005).
Inchoate crimes require that an individual have the intent to commit the criminal act and that they take some step to achieve the goal. Attempt, conspiracy, and solicitation are all inchoate crimes.
Paul Marcus, Prosecution and Defense of Criminal Conspiracy Cases, § 1.04 (Matthew Bender, Rev. Ed.)
Martin H. Pritikin, Toward Coherence in Civil Conspiracy Law: A Proposal to Abolish the Agent's Immunity Rule, 84 Neb. L. Rev. 1, 6-7 (2005).
Berry v. State, 996 So.2d 782 (2008).