criminal law · crime
Solicitation is defined as the intent to induce another person to engage in criminal conduct, coupled with an overt act of encouragement or persuasion. The crime itself need not be completed; it is enough to show that the defendant sought to persuade another to commit the offense.
The solicitor must have the specific intent to promote or facilitate the commission of a crime.
What to prove: It must be shown that the defendant had the purpose to encourage another person to engage in criminal conduct.
There must be an overt act of communication or persuasion directed at another person to commit the crime.
What to prove: The prosecution must demonstrate that the defendant communicated their intent to induce the commission of the crime, whether verbally or through actions.
The crime the defendant seeks to have the other person commit must be clearly defined.
What to prove: It must be shown that the conduct solicited constitutes a recognized criminal act.
The prosecution bears the burden of proof and must establish the elements of solicitation beyond a reasonable doubt.
On exams, solicitation may be tested in the context of a defendant's interactions or agreements, focusing on the intent and nature of the communications.