Criminal Law · Inchoate Crimes
Solicitation is the act of enticing, urging, or commanding another person to commit a crime with the intent that the crime be committed.
Source: Criminal Law · Inchoate Crimes
Solicitation in criminal law involves one individual persuading another to commit a crime, which can either be a felony or a misdemeanor. The critical component is the intent to facilitate or encourage another to carry out the unlawful act. The solicitation becomes a crime itself, regardless of whether the crime is actually committed or whether the person solicited agrees to commit the crime.
Criminal liability for solicitation arises even if the act requested is never accomplished; however, the prosecution still must demonstrate that the solicitor had the requisite intent for the underlying crime. The solicitation does not require any additional steps or actions beyond the communication of the request. For example, simply asking someone to rob a bank can suffice for solicitation.
There is also a distinction between solicitation and other forms of inchoate crimes, such as conspiracy. While conspiracy involves an agreement between two or more parties to commit a crime, solicitation only requires the action of persuading another without the need for an agreement or joint action. It is important to note that the victim of solicitation does not need to be criminally charged or liable for solicitation to be established against the solicitor.
Some jurisdictions also recognize specific defenses to solicitation, such as abandonment or renunciation, which may apply if the solicitor attempts to withdraw their solicitation before any steps are taken toward committing the crime.
The concept of solicitation has roots in common law, where it was recognized as a crime to instigate or incite another to commit a felony. It has since been codified into many modern criminal codes.
The court affirmed that solicitation does not require the solicited party to agree to commit the crime.
Established that mere advocacy does not meet the threshold for solicitation unless it is coupled with specific requests to commit a crime.
The case clarified that the intent to commit the underlying crime is essential for solicitation, even if the act is not completed.
A man approaches a friend and offers him $1,000 to break into a local jewelry store and steal merchandise. Although the friend declines and does not commit the crime, the man can still be charged with solicitation.
Confusion: Students may conflate solicitation with conspiracy.
Clarification: While both involve urging for a crime, solicitation requires only one party's action to encourage another, whereas conspiracy requires an agreement between two or more parties.
Confusion: Some students think solicitation requires an actual attempt to commit the crime.
Clarification: Solicitation is a completed crime as soon as the request to commit the crime is made, regardless of whether any further action occurs.
In exams, be sure to distinguish between solicitation and other inchoate crimes by focusing on the elements of urging and intent without the need for a conspiratorial agreement.