## Facts

- Anthony Boyce was serving a natural-life sentence for murder in an Illinois prison.
- Boyce mailed letters from prison that prison officials intercepted and opened before delivery.
- The State alleged Boyce intended that first-degree murder be committed and that he requested Xavier Tripp kill an unidentified drug addict.
- Boyce was indicted for solicitation of murder and attempted solicitation of murder.
- Boyce argued solicitation requires actual communication to the person solicited and that an intercepted, never-received letter cannot be solicitation.
- The State dismissed the solicitation count and proceeded only on attempted solicitation of murder.
- Boyce was convicted of attempted solicitation of murder; the appellate court affirmed.

## Issues

1. Whether “attempted solicitation of murder” is a cognizable offense under Illinois law.
2. Whether Illinois’s general attempt statute applies to the offense of solicitation of murder absent express legislative exclusion.
3. Whether recognizing attempted solicitation of murder impermissibly stacks inchoate crimes.
4. Whether applying the attempt statute to solicitation of murder is void for vagueness as applied to intercepted, undelivered letters.

## Decision

- The Illinois Supreme Court affirmed Boyce’s conviction.
- The court held attempted solicitation of murder exists under Illinois law.
- The court held the general attempt statute applies to solicitation of murder because the legislature did not indicate otherwise.
- The court rejected the claim that the offense is an impermissible “double inchoate” crime.
- The court rejected Boyce’s as-applied vagueness challenge, concluding the statutory language gave adequate notice.

## Legal Principles

- Illinois’s general attempt statute applies to specific offenses unless the legislature clearly excludes its application or attempt liability is inherently impossible for the target offense.
- A person commits attempt when, intending to commit a specific offense, he performs an act constituting a substantial step toward its commission.
- Solicitation of murder is committed when, intending first-degree murder be committed, a person commands, encourages, or requests another to commit it.
- Conduct aimed at making a solicitation—such as mailing a letter requesting a killing—may constitute a substantial step even if interception prevents receipt, permitting attempt liability.
- Applying attempt principles to solicitation of murder is not unconstitutionally vague where the combined statutory elements plainly prohibit efforts to request another to commit murder.

## Conclusion

Illinois law recognizes attempted solicitation of murder where a defendant intends to solicit another to commit first-degree murder and takes a substantial step toward that solicitation, including sending a request that is intercepted before it is received; this application of the attempt and solicitation statutes is not invalid as double inchoate liability and is not vague as applied.


People v. Boyce, 27 N.E.3d 77 (Ill. 2015)