Solicitation

Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. It is not necessary that the person actually commit the crime.

For example, if A commands B to assault C and A intends for B to assault C, then A is guilty of solicitation. However, if A commands B to assault C without intending that an actual crime be committed (perhaps believing that C has given consent), then there is no solicitation.

Solicitation is also subject to the doctrine of merger, which applies in situations where the person solicited actually commits the crime. In such a situation, both A and B 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.

Note that solicitation can apply to just about any criminal act. There are also many statutes for specific solicitation crimes. For example, solicitation of murder is often considered a capital offense, and has its own statute. Another example might be solicitation of prostitution.


Criminal law
Accomplice Acquittal Arrest Arrest warrant Bail Barratry California Penal Code Citizen's arrest Civil death
Collective punishment Crime Crime in Canada Criminal Code Criminal justice Criminal procedure Doctrine of merger
Felony Felony murder Forensic psychiatry Hybrid offence Indictable offence Indictment Infraction Insanity defense
Labouchere Amendment Mens rea Miranda warning Misdemeanor Mug shot Negligence Nolle prosequi Outlaw Penology Prisons in the United States
Probable cause Queen's peace Rap sheet Retributive justice Rights of the accused Solicitation The Queen v Carroll Three strikes law Transferred intent
Transformative justice Whole life tariff Witness intimidation Year and a day rule


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