What Is The Difference Between Solicitation in Criminal Law?

Solicitation in criminal law refers to the act of encouraging or requesting another person to commit a crime. The difference typically lies in the relationship between the solicitor and the solicited, as well as the nature of the crime being solicited.

Solicitation is a specific type of inchoate offense defined by the act of attempting to persuade or encourage another person to engage in criminal conduct. To be charged with solicitation, the prosecutor must demonstrate that the defendant took concrete steps to persuade another to commit an illegal act, with the intent that this act occur.

One key distinction in the law is between solicitation for serious crimes versus solicitation for lesser offenses. For example, soliciting someone to commit murder carries more severe penalties than soliciting someone to commit shoplifting. Furthermore, when the individual being solicited agrees to commit the crime, they may also face charges as an accomplice, complicating the legal landscape.

Another nuance is whether the solicitation targeting a partner who is an undercover law enforcement officer can constitute a valid solicitation charge. In many jurisdictions, solicitations made to undercover officers can still result in culpability for the solicitor, as it reflects an intent to engage in criminal conduct.

Finally, solicitation can also involve the distinction between express and implied solicitation. Express solicitation is straightforward—directly asking someone to commit a crime—while implied solicitation may involve suggestive behavior or circumstantial evidence that indicates an encouragement to commit a crime. Each form can result in differing legal interpretations depending on the jurisdiction and context.

Thus, understanding the nuances of solicitation not only involves recognizing the elements necessary for establishing the crime, but also distinguishing between different types of solicitation and their legal ramifications.

• 1People v. LaFountain (1976) - established that solicitation itself constitutes a crime even if the target refuses to comply.
• 2State v. McCarty (1996) - clarified that both the intention to commit an underlying crime and the act of soliciting are required for solicitation charges.
• 3Commonwealth v. Carbone (1988) - held that solicitation can occur even if the solicited crime is incomplete or difficult to achieve.
• 4United States v. Rodriguez (2006) - addressed solicitation involving an undercover officer, confirming that intent stays intact even if the target is not a legitimate participant.

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