Solicitation is an inchoate offence. In this discussion we’ll be looking at its differences in laws and applications in United States, England and Wales.
Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of “solicitation to commit a crime” occurs when a person encourages, “solicits, requests, commands, importunes or otherwise attempts to cause” another person to attempt commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.
Solicitation as offence in England and Wales UK
In England and Wales, the term soliciting is usually “for a person (whether male of female) persistently to loiter or solicit in a street or public place for the purpose of prostitution” under the Street Offences Act 1959 as amended. The crime of soliciting should not be confused with the profession of a solicitor, which under UK law is typically that of a lawyer, who may also function as a legal agent to obtain the services of a barrister on behalf of a client.
United States jurisdiction vis-à-vis solicitation
In the United States, solicitation is the name of a crime, an inchoate offense that consists of a person offering money or inducing another to commit a crime with the specific intent that the person solicited commit the crime. For example, under federal law, for a solicitation conviction to occur the prosecution must prove both that defendant had the intent that another person engage in conduct constituting a felony crime of violence, and that the defendant commanded, induced, or otherwise endeavored to persuade the other person to commit the felony.
Differences in laws
In the United States, the term “solicitation” implies some part of commercial element, consideration, or payment. In some other common law countries, the situation is different:
- where the substantive offense is not committed, the charges are drawn from incitement, conspiracy and attempt;
- where the substantive offense is committed, the charges are drawn from conspiracy, counseling and procuring (see accessories), and the substantive offenses as joint principals.
Solicitation distinguished from other crimes
The unique elements is attributed to solicitation in United States:
- the encouraging, bribing, requesting, or commanding a person
- to commit a substantive crime,
- with the intent that the person solicited commit the crime.
Unlike conspiracy, there is not overt step necessary for solicitation, one person can be a defendant and it merges with the substantive crime.
It is not necessary taht the person commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime (such as if the “solicitee” were an undercover police officer).
For instance, if Alice commands Bob to assault Charlie, and Alice intends for Bob to assault Charlie, then Alice is guilty of solicitation. However, if Alice commands Bob to assault Charlie without intending that a crime be committed (perhaps believing that Charlie has given consent), then there is no solicitation.
An interesting twist on solicitation occurs when a third party that the solicitor did not intend to receive the incitement overhears the request to the original solicit and unbeknownst to the solicitor, commits the target offense. In a minority of jurisdictions in the United States, this situation would still be considered solicitation even though the defendant never intend the person that committed the crime to have done so.
Solicitation is also subject to the doctrine of merger which applies in situations where the person solicited commits the crime. In such a situation, both Alice and Bob could be charged with the crime as accomplices, which would preclude conviction under solicitation; a person cannot be punished for both solicitation and the crime solicited.
No signs residential
In addition to the inchoate offense of solicitation, “solicitor” can also refer to a door-to-door salesman. This creates another form of illegal solicitation, as in many jurisdictions, it is illegal to ignore “no soliciting” signs with the burden typically resting upon the solicitor to look for the sign upon observation to vacate the premises without attempting to contact the homeowner. Some cities require the employer to properly train employees on the appropriate observation of local solicitation ordinances and instruct them to always carry an identifying badge that they must show upon request.
City ordinances vary but may require a soliciting sign to be a certain dimension to qualify for legal protection. Some signs may cite the city ordinance and describe the consequences to the solicitor. Although certainly not required, such methods may be more effective at deterring unwanted solicitation.
Solicitation as offence. Solicitation as offence