Solicitation
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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.[clarification needed] 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 or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.[1]: 698–702
England and Wales
In
United States
In the
In some jurisdictions in the United States, solicitation of
One such instance occurred in
Differences in laws
In the United States, the term "solicitation" implies some part of commercial element, consideration, or payment. In some other
- where the substantive offense is not committed, the charges are drawn from 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 (see common purpose).
Differences from other crimes
Solicitation has in the U.S. these unique elements:
- the encouraging, bribing, requesting, or commanding a person
- to commit a substantive crime,
- with the intent that the person solicited commit the crime.
Unlike
It is not necessary that 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
For example, 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 solicitee 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 intended the person that committed the crime to have done so.
Solicitation is also subject to the
No soliciting signs – residential
In addition to the
City ordinances vary but may require a soliciting sign to be of 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.
See also
- Begging § Legal restrictions
- Incitement
- Inchoate offence
- Murder for hire
- Prostitution
- Soliciting to murder
- ATF fictional sting operations – rejected US legal case justified by Department of Justice as preventing crime
- Crimen sollicitationis in Catholic Church
Related to "no soliciting" signs
References
- ISBN 978-1-4548-0698-1, [1]
- ^ UK Statutes website: Street Offences Act. For the latest Home Office proposals on this offence, see "Regulatory Impact Assessment - A coordinated strategy for prostitution" (PDF). Archived from the original (PDF) on 2007-09-28. Retrieved 2007-10-17..
- ^ "U.S. Attorney's Manual, Sec. 108.4. Elements of Solicitation". U.S. Department of Justice. 2015-02-20. Retrieved 14 December 2017.
- ^ Ussery, Peggy. "Charges Stemming from Fortner St Sting Thrown Out", The Dothan Eagle, March 14, 2014
- ^ "Phoenix Municipal Code". codepublishing.com. City of Phoenix. Retrieved 16 August 2014.
- ^ "Utah County Residential Solicitation Ordinances" (PDF). co.utah.ut.us. Utah County. Archived from the original (PDF) on 23 September 2015. Retrieved 16 August 2014.
- ^ "Solicitor Business Permit Requirements". plano.gov. Plano City Police Department. Archived from the original on 15 October 2013. Retrieved 16 August 2014.