Solicitation

Solicitation is a term with several distinct meanings depending on the context. In a general sense, it refers to the act of offering or attempting to purchase goods and services. However, in the field of criminal law, it takes on a much more specific meaning. It is often classified as an inchoate offense. An inchoate offense is a crime that is considered incomplete or just beginning. This occurs when a person attempts to initiate a criminal act through the actions of another person.

In the United States, the legal mechanism for solicitation requires specific elements. A person must offer money or induce another individual to commit a crime. This must be done with a specific intent that the crime actually occurs. For a federal conviction, the prosecution must prove two main things. First, the defendant must have intended for another person to engage in a felony crime of violence. Second, the defendant must have commanded, induced, or endeavored to persuade that person to commit the felony.

There are important distinctions between solicitation and other legal concepts. Unlike a conspiracy, solicitation does not require an overt step to be taken by the parties involved. One person can be a defendant alone. Furthermore, the crime is complete even if the intended crime never actually happens. It also does not matter if the person being asked is willing or able to help. For instance, the crime is still committed if the person solicited is actually an undercover police officer. However, the solicitor must truly intend for a crime to be committed. If a person gives a command without the intent that a crime occurs, it is not solicitation.

Legal rules for solicitation vary significantly between different countries. In the United States, the term usually implies a commercial element involving payment or consideration. In other common law countries, the legal framework is different. If the main crime is not committed, charges might come from incitement, conspiracy, or attempt. If the main crime is successfully committed, the charges may involve counseling, procuring, or acting as accessories. In England and Wales, the term is often used specifically regarding the Street Offences Act 1959. This law addresses individuals who loiter or solicit in public places for the purpose of prostitution. It is important to note that in the UK, a "solicitor" is a professional lawyer, not a criminal.

Specific legal doctrines also govern how these cases are handled in court. One such rule is the doctrine of merger. This applies when the person being solicited actually carries out the crime. In such cases, both individuals might be charged as accomplices. Because of the merger doctrine, a person cannot be punished for both the solicitation and the completed crime itself. There are also complex situations involving third parties. In some jurisdictions, if a person overhears a solicitation and commits the crime unexpectedly, the original solicitor might still be held responsible. This happens even if the solicitor never intended for that specific third party to act.

Real-world legal battles often arise from how these laws are enforced. In March 2014, a case in Dothan, Alabama, highlighted issues regarding privacy. An activist named Christopher Rufo was arrested in a public restroom. An officer claimed Rufo had attempted to solicit prostitution by sliding a ten-dollar bill under a partition. The officer also noted a copy of "The Screwtape Letters" by C. S. Lewis at the scene. However, a judge eventually dismissed the charges. The court ruled that the officer had violated Rufo's privacy by spying through the doorway before the incident occurred.

Beyond criminal law, solicitation also applies to everyday commercial interactions. This is most commonly seen in the context of door-to-door sales. Many residential areas use "no soliciting" signs to prevent unwanted visitors. In many jurisdictions, it is illegal to ignore these signs. The legal burden usually rests on the solicitor to look for the sign and leave the premises immediately. Some cities have strict ordinances to manage this. Employers may be required to train staff on local laws. Workers might also be required to carry an identifying badge to show to homeowners upon request.