Criminal Law · Solicitation
Clear answer to: What Happens When Solicitation in Criminal Law? with key cases, examples, and exam tips for law students.
In criminal law, solicitation occurs when an individual encourages or requests another to commit a crime. If the solicitation is successful and the crime is committed, the solicitor can be charged as a co-conspirator or accessory.
Solicitation is defined as the act of enticing or urging another person to commit a crime. This can encompass different forms of encouragement, including verbal communication, written messages, or other forms of influence. For the solicitation to be actionable, it typically must be clear and intended as a request for the commission of a specific illegal act.
A key point in understanding solicitation is the distinction between thoughts and actions; mere thoughts or intentions to commit a crime do not amount to solicitation. The crime of solicitation itself occurs at the moment the solicitor makes the request, regardless of whether the person solicited carries out the criminal act. This principle adheres to the preparation aspect of criminal law, which punishes not only completed crimes but also the attempt or preparation to commit those crimes.
If the solicited individual accepts the solicitation and commits the crime, the original solicitor may face additional liability, often charged as a co-conspirator. Courts have ruled that this establishes a kind of vicarious liability where the solicitor could be considered complicit in the actual crime. The level of involvement can depend on state laws, but it may lead to similar penalties as those faced by the person who committed the crime.
Furthermore, many jurisdictions recognize an affirmative defense to solicitation if the solicitor can demonstrate they attempted to prevent the crime from being completed. In this case, the courts analyze the actions taken by the solicitor in relation to the solicitation to determine culpability.
This area of law highlights the importance of intent and action and demonstrates the criminal justice system's approach to apprehending and penalizing various forms of criminal behavior, including mere encouragement or suggestion to commit a crime.
A person sends a text message to a friend urging them to break into a local store and steal items. If the friend agrees and commits the burglary, the sender can be charged with solicitation even if they did not participate in the burglary itself.
Solicitation questions often appear on exams in hypothetical scenarios requiring analysis of the parties' intentions and actions. Students should be prepared to discuss elements of solicitation alongside related crimes such as conspiracy and attempt.