United States Solicitation

1 united states

1.1 differences in laws
1.2 differences other crimes
1.3 no soliciting signs – residential
1.4 no soliciting signs – commercial

united states

in united states, solicitation name of crime, inchoate offense consists of person offering money or inducing commit crime specific intent person solicited commit crime.

differences in laws

in united states, term solicitation implies part of commercial element, consideration, or payment. in other common law countries, situation different:

where substantive offense not committed, charges drawn incitement, conspiracy, , attempt;
where substantive offense committed, charges drawn conspiracy, counseling , procuring (see accessories), , substantive offenses joint principals (see common purpose).

differences other crimes

solicitation has in u.s. these unique elements:

unlike conspiracy, there no overt step necessary solicitation, 1 person can defendant , merges substantive crime.

it not necessary person commit crime, nor necessary person solicited willing or able commit crime (such if solicitee undercover police officer).

for example, if alice commands bob assault charlie, , alice intends bob assault charlie, alice guilty of solicitation. however, if alice commands bob assault charlie without intending crime committed (perhaps believing charlie has given consent), there no solicitation.

an interesting twist on solicitation occurs when third party solicitor did not intend receive incitement overhears request original solicitee , unbeknownst solicitor, commits target offense. in minority of jurisdictions in united states, situation still considered solicitation though defendant never intended person committed crime have done so.

solicitation subject doctrine of merger, applies in situations person solicited commits crime. in such situation, both alice , bob charged crime accomplices, preclude conviction under solicitation; person cannot punished both solicitation , crime solicited.

no soliciting signs – residential

in addition inchoate offense of solicitation, solicitor can refer door-to-door salesman. creates form of illegal solicitation, in many jurisdictions, illegal ignore no soliciting signs burden typically resting upon solicitor sign , upon observation vacate premises without attempting contact homeowner. cities require employer train employees on appropriate observation of local solicitation ordinances , instruct them carry identifying badge must show upon request.

city ordinances vary may require soliciting sign of dimension qualify legal protection. signs designed cite city ordinance , describe consequences solicitor. although not required, such methods may more effective @ deterring unwanted solicitation.

no soliciting signs – commercial