Under the minor solicitation rule, which condition triggers the same offense as solicited?

• A. The actor was under 16
• B. The actor was 17 or older and a gang member and committed the crime to further gang activities or avoid detection; charge will be the same as solicited offense
• C. The minor consented
• D. The offense solicited was a misdemeanor

Answer: (B)

When a person solicits a minor to commit a crime, there are special rules for gang-involved situations. The condition that makes the offense charged as the same crime that was solicited is when the solicitor is at least 17 years old, is a gang member, and the crime is carried out to further gang activities or to avoid detection. In those circumstances, the law treats the act as the underlying offense rather than a separate solicitation offense, holding the adult or older juvenile directly accountable for the crime committed with the minor’s participation.

This matters because using a minor to push a crime for gang purposes is seen as an extension of the gang’s activity, not just an isolated solicitation. The other factors—being younger than 17, the minor’s consent, or the solicited crime being a misdemeanor—do not trigger this specific rule. The key elements are age (17 or older), gang membership, and the intent to further the gang or evade law enforcement, which together justify charging the actual offense that was solicited.