From Wikipedia, the free encyclopedia Solicitation
Solicitation
Intoxication defense
Justification · Mistake (of law)
Necessity · Loss of Control (Provocation)
Other common law areas
Contracts · Evidence · Property
Torts · Wills, trusts and estates
Criminal law
Portals
Part of the common law series
Criminal justice · Law
Element (criminal law)
Actus reus · Mens rea Literally, solicitation means: ’urgently asking’. It is the
Causation · Concurrence action or instance of soliciting; petition; proposal. In
criminal law, it most commonly refers to either the act
Scope of criminal liability of offering goods or services, or the act of attempting to
Complicity · Corporate · Vicarious may be specific to the time and place where solicitation
occurs.
Inchoate offenses
Attempt · Conspiracy · Solicitation Europe
Offence against the person In England and Wales, the term soliciting refers to: "for a
Assault · Battery common prostitute to loiter or solicit in a street or public
False imprisonment · Kidnapping place for the purpose of prostitution", under the Street
Mayhem · Sexual assault Offences Act 1959.[1] The crime of soliciting should not be
Homicide crimes solicitor,
confused with the profession of a solicitor which under
Murder · Felony murder UK law is typically that of a lawyer, who may also func-
Manslaughter tion as a legal agent to obtain the services of a barrister
Negligent homicide on behalf of a client.
Vehicular homicide The description of Kerb crawler makes clear that also:
’the addressing or accosting by a potential prostitution
Crimes against property
customer of a supposed prostitute with the purpose to
Arson · Blackmail · Burglary conclude to a prostitution agreement with her’ is entitled
Embezzlement · Extortion ’solicitation’ by some.
False pretenses · Larceny
Possessing stolen property
Robbery · Theft
United States
In the United States, solicitation is the name of a crime,
Crimes against justice
an inchoate offense that consists of a person offering
Compounding · Misprision money or induce another to commit a crime with the
Obstruction · Perjury specific intent that the person solicited commit the
Malfeasance in office crime.
Perverting the course of justice
Defenses to liability
Differences in laws
In the United States, the term "solicitation" implies some
Defense of self
part of commercial element, consideration, or payment.
Defence of property
In some other common law countries, the situation is dif-
Consent · Diminished responsibility
ferent:
Duress · Entrapment
• where the substantive offense is not committed, the
Ignorantia juris non excusat
charges are drawn from incitement, conspiracy, and
Infancy · Insanity
attempt;
1
From Wikipedia, the free encyclopedia Solicitation
• where the substantive offense is committed, the Solicitation is also subject to the doctrine of merger,
charges are drawn from conspiracy, counseling and which applies in situations where the person solicited ac-
procuring (see accessories), and the substantive tually commits the crime. In such a situation, both Alice
offenses as joint principals (see common purpose). and Bob could be charged with the crime as accomplices,
which would preclude conviction under solicitation; a
Differences from other crimes person cannot be punished for both solicitation and the
Main article: Inchoate offence crime solicited.
Solicitation has in the U.S. these unique elements:
1. the encouraging, bribing, requesting, or No Soliciting Signs
commanding a person No Soliciting signs are intended to protect business from
2. to commit a substantive crime, panhandlers or individuals attempting to sell products
3. with the intent that the person solicited actually or services to that business’ patrons on business prop-
commit the crime. erty, thus taking potential revenue away from that busi-
Unlike conspiracy, there is no overt step necessary for ness.[citation needed] These signs are very often ignored.
solicitation, one person can be a defendant, and it merges It is a common misconception that a simple "No Solic-
with the substantive crime. iting" sign is meant to keep individuals from attempting
It is not necessary that the person actually commit to speak with a business owner or principal about his
the crime, nor is it necessary that the person solicited be products or services.[citation needed] While this may be ac-
willing or able to commit the crime (such as if the "solici- complished using a more detailed sign specifically asking
tee" were an undercover police officer). vendors not to promote themselves to employees or
For example, if Alice commands Bob to assault Char- principals, most sales professionals are taught to bypass
lie, and Alice intends for Bob to assault Charlie, then Alice simple "no soliciting" signs and interpret them to mean
is guilty of solicitation. However, if Alice commands Bob "Do not solicit our patrons."[citation needed]
to assault Charlie without intending that an actual crime
be committed (perhaps believing that Charlie has given
consent), then there is no solicitation.
See also
An interesting twist on solicitation occurs when a • Attempt
third party that the solicitor did not intend to receive the • Criminal law
incitement overhears the request to the original solici- • Murder for hire
tee and unbeknownst to the solicitor, commits the tar-
get offense. In a minority of jurisdictions in the United
States, this situation would still be considered solicita-
References
tion even though the defendant never intended the per- [1] UK Statutes website: Street Offences Act. For the
son that committed the crime to have done so. latest Home Office proposals on this offence, see
[1].
Retrieved from "http://en.wikipedia.org/wiki/Solicitation"
Categories: Crimes, Criminal law, Inchoate offenses
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