Criminal Law · Solicitation
Clear answer to: What Are The Elements Of Solicitation in Criminal Law? with key cases, examples, and exam tips for law students.
The elements of solicitation in criminal law include the intent to promote or facilitate a crime, and a communication or action directed at another person to commit that crime.
In criminal law, solicitation is the act of trying to persuade another person to commit a crime. The primary elements of solicitation are (1) the intent to promote or facilitate the commission of a specific crime, and (2) the communication or action directed at another person aimed at inducing them to commit that crime. This means that the solicitation must be purposeful, with the clearly defined goal of getting someone else to engage in criminal behavior.
The solicitation does not require the completion of the underlying crime; it is enough that the accused has the requisite intent and makes an effort to persuade another. For instance, if a person asks another to commit murder, they can be charged with solicitation regardless of whether the person agrees or takes further action. Therefore, the crime is focused on the insidious nature of encouraging others to commit crimes, potentially increasing overall criminal activity.
Furthermore, the communication can take various forms, including verbal requests, written communication, or even gestures. The solicitation must be specific, meaning that the accused should be inducing the other person to commit a particular crime, not just expressing a general desire for criminal action.
Importantly, defenses against solicitation can include a lack of intent or retraction of the solicitation before the other party commits the act. In some jurisdictions, if the individual solicited refuses to engage in the criminal action, the soliciting party may find some relief from prosecution under certain conditions, as the crime remains largely contingent upon the actions of the person being solicited.
If an individual approaches another and offers money to kill a specific person, the first individual has committed solicitation by both expressing intent and attempting to induce criminal action in the other.
Solicitation may be tested in law school exams through hypotheticals requiring students to analyze whether the elements of solicitation are satisfied in given fact patterns.