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(A) It shall be unlawful for any person to engage in any conduct constituting a solicitation of the commission of a violation of the terms of this code. A person shall be deemed guilty of solicitation of the commission of a violation of this code if, with the purpose of promoting or facilitating its commission, he or she commands, encourages or requests another person to engage in specific conduct which would constitute the violation or an attempt to commit the violation or would establish his or her complicity in its commission or attempted commission. Under the terms of this section, it is immaterial that the actor fails to communicate with the person he or she solicits to commit a violation of this code so long as his or her conduct was designed to effect the communication.
(B) It is an affirmative defense to prosecution under this section that the actor, after soliciting another person to commit a violation of this code, persuaded him or her not to do so or otherwise prevented the commission of the violation, under circumstances manifesting a complete and voluntary renunciation of his or her purpose to cause a violation of the code.
(C) It is immaterial to the liability of a person who solicits another to commit a violation of this code that:
(1) He or she or the person whom he or she solicits does not occupy a particular position or have a particular characteristic which is an element of the violation, if he or she believes that one of them does; or
(2) The person whom he or she solicits is irresponsible or has an immunity to prosecution or conviction for the commission of the violation.
(Prior Code, § 6-355) Penalty, see § 10.99