In criminal law, solicitation is the act of offering, or attempting to purchase, goods
or services.
Legal status may be specific to the time or place where solicitation occurs.
England and Wales In England and Wales, the term soliciting
is usually "for a person persistently to loiter or solicit in a street or public place for
the purpose of prostitution" under the Street Offences Act 1959 as amended.
The crime of soliciting should not be confused with the profession of a solicitor, which
under UK law is typically that of a lawyer, who may also function as a legal agent to
obtain the services of a barrister on behalf of a client.
United States In the United States, solicitation is the
name of a crime, an inchoate offense that consists of a person offering money or inducing
another to commit a crime with the specific intent that the person solicited commit the
crime.
Differences in laws In the United States, the term "solicitation"
implies some part of commercial element, consideration, or payment.
In some other common law countries, the situation is different:
where the substantive offense is not committed, the charges are drawn from incitement, conspiracy,
and attempt; where the substantive offense is committed,
the charges are drawn from conspiracy, counseling and procuring, and the substantive offenses
as joint principals.
Differences from other crimes
Solicitation has in the U.S. these unique elements:
the encouraging, bribing, requesting, or commanding a person
to commit a substantive crime, with the intent that the person solicited
actually commit the crime.
Unlike conspiracy, there is no overt step necessary for solicitation, one person can
be a defendant, and it merges with the substantive crime.
It is not necessary that the person actually commit the crime, nor is it necessary that
the person solicited be willing or able to commit the crime.
For example, if Alice commands Bob to assault Charlie, and Alice intends for Bob to assault
Charlie, then Alice is guilty of solicitation.
However, if Alice commands Bob to assault Charlie without intending that an actual crime
be committed, then there is no solicitation.
An interesting twist on solicitation occurs when a third party that the solicitor did
not intend to receive the incitement overhears the request to the original solicitee and
unbeknownst to the solicitor, commits the target offense.
In a minority of jurisdictions in the United States, this situation would still be considered
solicitation even though the defendant never intended the person that committed the crime
to have done so.
Solicitation is also subject to the doctrine of merger, which applies in situations where
the person solicited actually commits the crime.
In such a situation, both Alice and Bob could be charged with the crime as accomplices,
which would preclude conviction under solicitation; a person cannot be punished for both solicitation
and the crime solicited.
No soliciting signs – residential In many jurisdictions, it is illegal to ignore
"no soliciting" signs with the burden typically resting upon the solicitor to look for the
sign and upon observation to vacate the premises without attempting to contact the homeowner.
Some cities require the employer to properly train employees on the appropriate observation
of local solicitation ordinances and instruct them to always carry an identifying badge
that they most show upon request.
City ordinances vary but may require a soliciting sign to be of a certain dimension to qualify
for legal protection.
Some signs are designed to clearly cite the city ordinance and describe the consequences
to the solicitor.
Although certainly not required, such methods may be more effective at deterring unwanted
solicitation.
No soliciting signs – commercial
No soliciting signs are intended to protect business from panhandlers or individuals attempting
to sell products or services to that business' patrons on business property, thus taking
potential revenue away from that business.
It is a common misconception that a simple "no soliciting" sign is meant to keep individuals
from attempting to speak with a business owner or principal about his products or services.
While this may be accomplished using a more detailed sign specifically asking vendors
not to promote themselves to employees or principals, most sales professionals are taught
to bypass simple "no soliciting" signs and interpret them to mean "do not solicit our
patrons".
See also Begging#Legal restrictions
Incitement Inchoate offence
Murder for hire Prostitution
Soliciting to murder Bureau of Alcohol, Tobacco, Firearms and Explosives
- fictional sting operations - rejected US legal case justified by Department of Justice
as preventing crime Related to "No soliciting" signs
Spamming Flyposting
Email spam Spam
References