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Criminal Law • Preliminary Crimes
CRIMLAW#059
Legal Definition
Solicitation is inciting, counseling, advising, urging, or commanding someone to commit a crime, with the intent the solicited person actually commit the crime.
Plain English Explanation
It is a crime to encourage others to commit a crime when you genuinely believe your encouragement will result in the crime being committed. In other words, it isn't a crime to jokingly tell someone to do something that is illegal, but it is a crime when you seriously tell someone to do something that is illegal because you believe they will do it as a result of your solicitation.
Hypothetical
Hypo 1: Bob is planning a trip to Washington DC. Sam is watching the news with Bob. A politician comes on the news who Sam dislikes. Sam turns to Bob and says, "Hey, when you're in DC, you should go punch that guy in the mouth." Bob nods. Result: Whether or not Sam has solicited Bob depends on whether or not Sam genuinely believes that Bob will listen to his request and punch the politician in the mouth. On an exam, you may be given more clear facts like "Sam jokingly said..." or "Sam, knowing Bob always listens to him, said...", but if you aren't given clear facts, then it doesn't hurt to make the argument that it is possible Sam committed solicitation, but explain what facts would be necessary to better prove it one way or the other.
Related Concepts
Does merger exist for conspiracy related crimes?
How can a participant of a conspiracy effectively withdraw?
How does factual impossibility affect attempt?
How does factual impossibility affect conspiracy?
How does legal impossibility affect attempt?
How does legal impossibility affect conspiracy?
In assessing the crime of attempt, what is merger?
In assessing the crime of solicitation, what is merger?
Under conspiracy, what constitutes an agreement?
What is attempt?
What is conspiracy?
What is the liability for co-conspirators' crimes?
What is Wharton's Rule?
What level of preparation is required to commit an attempt?
What type of intent is required for attempt?
